Legal Dimensions of NP Role Exam Questions And
Correct Answers
Where is authority for NP practice found? - ANSWER In STATE legislative statutes and
rules and regulations. Each state may further define scope of practice, practice
requirements/restrictions.
Nurse Practice Act - ANSWER The Nurse Practice Act of every state customarily
authorizes a Board of Nursing to establish statutory authority to define who may be
called an NP (title protection), scope of practice, restrictions and requirements. Some
states require collaborative agreement with physician.
Licensure ANSWER A process by which an agency of state government grants
permission to individuals accountable for the practice of a profession to engage in the
practice of that profession and prohibits all others from legally doing so. The purpose of
licensure is to protect the public by ensuring a minimum level of professional
competence.
Certification ANSWER A process by which a non-government agency or association
certifies that an individual licensed to practice as a professional has met certain
predetermined standards specified by that profession for specialty practice. The
purpose of certification is to assure the public that an individual has mastery of a body
of knowledge and has acquired the skills necessary to function in a particular specialty.
Accreditation The process whereby a voluntary, non-governmental agency or
organization appraises, and grants accreditation status to institutions and/or programs
or services that meet predetermined structure, process and outcome criteria. The
purpose of accreditation is to assure that the organization has met specific standards.
Scope of Practice - ANSWER A specific legal scope defined by each state's statutes,
boards of nursing, educational preparation, and the common practice within a
community. Several organizations have done role delineation studies attempting to
quantify the core behaviors every APN would possess, as well as the core knowledge
and behaviors a person would have from a particular specialty.
, Prescriptive authority is recognized as within scope of practice for NPs in all 50 states
but there is variability from state to state.
Standards of Practice - ANSWER Standards of Practice are authoritative statements by
which the quality of practice, service, or education an by judged. Professional
standards focus on minimum levels of acceptable performance as a means of providing
consumers with a means of measuring the quality of care they receive. Examples
include universal precautions for all nurses. The presence of accepted standards of
practice may be used to legally describe the standard of care that a provider must meet.
Confidentiality - ANSWER Client and family have a right to assume that information given
to the healthcare professional will not be shared.
Verbal information
Written information: confidentiality is protected under HIPAA (Healthcare Insurance
Portability and Accountability Act of 1996) It address security and privacy of health
data.
The statute requires the provider to discuss confidentiality issues with patients,
establish consent, and clarify questions about disclosure of information.
It is the responsibility of a provider to obtain a signed medical authorization and consent
form in order to disclose any kind of protected medical information.
Exceptions occur when society determines the need for information outweighs
confidentiality. Example: records released to insurance companies, attorneys, court
orders, reporting of mandated diseases, child abuse, or if a pt reveals an intent to harm.
Informed consent - ANSWER The right of all competent adults (>18) and emancipated
minors to accept or reject treatment. The clinician has the duty to explain relevant
information to the patient so that he/she can make an appropriate decision.
Emancipated minors are age 17 or younger who are married, self-sufficiently living away
from family, or military)
No parental consent in some states for STI and BCP
Advanced Directive - ANSWER When a patient is incapable of making decisions, the
person's preferences may be expressed in a written living will or a healthcare durable
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