Unit 4 Part 2: Health Care Laws & Regulations Exam Questions With Complete Solutions
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Course
Healthcare Regulation
Institution
Healthcare Regulation
Self-regulation - Answer Two sides
- Ability to control one's impulses and to stop doing something if needed
- Involves capacity to do something (even if one doesn't want to do it) because it is needed
Professional regulation - Answer - Profession governs itself through a regulatory body...
Unit 4 Part 2: Health Care Laws &
Regulations Exam Questions With
Complete Solutions.
Self-regulation - Answer Two sides
- Ability to control one's impulses and to stop doing something if needed
- Involves capacity to do something (even if one doesn't want to do it) because it is needed
Professional regulation - Answer - Profession governs itself through a regulatory body and with
involvement of its professionals
- You are accepting responsibility to practice according to professional standards (ANA's Scope and
Standards of Practice and the Code of Ethics for Nurses with Interpretive Statements)
Legal regulation - Answer State governments enacted laws to protect public's health and welfare
through oversight and assurance for safe practice of nursing
What is included in state Nurse Practice Acts? - Answer - Determines scope of professional nursing
practice in particular state
- Establishes guidelines whereby the nurse can perform skills or services
- Describes rules and regulations that provide guidance to the nursing profession
- Establishes educational requirements for nursing programs
Laws - Answer - Enforce a minimal level of conduct by imposing penalties for violations of acceptable
behavior
- "Must" or "shall" (vs "should" & "may": ethics)
- Written at federal, state, & local levels
- Those written at local or state level should not conflict w/federal law
- State law cannot be more restrictive than Federal, but state and local may be more lenient
- One decision may set ground rules for cases that follow
, Statutory law - Answer - Laws written and enacted by legislative bodies: Congress (federal) or state
- Violations are criminal offenses against the general public (nursing- protect public from harm)
- Punishable by fines or imprisonment
- Serve to protect public from harm
- Related to pt safety, professional practice, & specific practice setting for example
Common law - Answer - Developed through judicial decisions
- Often heard or originate in Federal & State Appellate Court/Courts or Appeals
- AKA nursing case law
- Based on previous cases/decisions made at Appellate level/Appeals court
- "Affirmative duty"
- Range of vital issues r/t professional nursing
Nursing case law - Answer Common law
- Body of written opinions about nursing practice
- Important in establishing current standard of nursing practice
- Provides courts with guidelines to decide future cases
Affirmative duty - Answer Aspect of common law
- Duty that nurses will exercise independent judgment to prevent harm to pts
Civil (Tort) Law - Answer - Law that deals with unacceptable conduct to regulate private actions as
opposed to criminal action
- Breach of legal duty, damages
Tort - Answer Civil wrong or injury committed by one person against another or a property
Causes of civil litigation - Answer - Professional malpractice
- Negligence
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