Legal and Ethical Guides
Legal/Ethical Study Guide
1.) Nurse Practice Acts 3 Origins of legal guidelines for nursing: 1) Statutory Law - Elected legislative bodies such as state legislatures and the US Congress create these laws. - Nurse Practice Acts .Describe and define the legal boundaries of nursing practice within each state. - Standards Of Care – Provide the minimum acceptable nursing care. - Establish educational req’s for nurses - Distinguish between nursing and medical practice. - Americans with Disabilities Act (ADA 1990) Federal statute enacted by US Congress that was enacted to provide guidelines that protect the rights of handicapped individuals. 2) Regulatory Law(Administrative Law) – Reflect decisions made by administrative bodies such as State Boards of Nursing when they pass rules and regulations - An example of regulatory law is the duty to report incompetent or unethical nursing conduct to the State Board of Nursing. 3) Common Law – Results from judicial decisions made in courts when individual legal cases are decided. - Examples include law on informed consent and the clients right to refuse treatment. However, the nurse most frequently encounters common laws involving negligence and malpractice.
Emergency Medical Treatment and Active Labor Act (1986) - Hospital must treat and stabilize patient before they can discharge.
Mental Health Parity Act (1996) - Forbids health plans from placing lifetime or annual limits on mental health coverage that are less generous than those placed on medical or surgical benefits.
Federal Nursing Home Reform Act (1987) - Gave residents in certified nursing homes right to be free of unnecessary and inappropriate restraints.
Health Insurance Portability and Accountability Act (1996) * Provides rights to clients and protects employees. Protects individuals from losing their health insurance when
1.) Nurse Practice Acts 3 Origins of legal guidelines for nursing: 1) Statutory Law - Elected legislative bodies such as state legislatures and the US Congress create these laws. - Nurse Practice Acts .Describe and define the legal boundaries of nursing practice within each state. - Standards Of Care – Provide the minimum acceptable nursing care. - Establish educational req’s for nurses - Distinguish between nursing and medical practice. - Americans with Disabilities Act (ADA 1990) Federal statute enacted by US Congress that was enacted to provide guidelines that protect the rights of handicapped individuals. 2) Regulatory Law(Administrative Law) – Reflect decisions made by administrative bodies such as State Boards of Nursing when they pass rules and regulations - An example of regulatory law is the duty to report incompetent or unethical nursing conduct to the State Board of Nursing. 3) Common Law – Results from judicial decisions made in courts when individual legal cases are decided. - Examples include law on informed consent and the clients right to refuse treatment. However, the nurse most frequently encounters common laws involving negligence and malpractice.
Emergency Medical Treatment and Active Labor Act (1986) - Hospital must treat and stabilize patient before they can discharge.
Mental Health Parity Act (1996) - Forbids health plans from placing lifetime or annual limits on mental health coverage that are less generous than those placed on medical or surgical benefits.
Federal Nursing Home Reform Act (1987) - Gave residents in certified nursing homes right to be free of unnecessary and inappropriate restraints.
Health Insurance Portability and Accountability Act (1996) * Provides rights to clients and protects employees. Protects individuals from losing their health insurance when