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Jurisprudence
the science or philosophy of law
Intentional Tort: Battery
Intentional contact that is harmful or offensive, or creating the
apprehension that such contact is imminent.
-false imprisonment accompanied by forceful restraint or threat of restraint
is BATTERY.
IE: Restraining a person to give an injection against their consent or order
Intentional Tort: False Imprisonment
"unjustifiable detention of a person without legal warrant to confine the
person" (client has the right to leave AMA)
-false imprisonment accompanied by forceful restraint or threat of restraint
is BATTERY.
,Quasi-Intentional Tort: Defamation
A communication that tends to hold the plaintiff up to hatred, contempt or
ridicule, or to cause him to be shunned or avoided.
Tarnishing the reputation of someone.
Quasi-Intentional Tort: Defamation Types
Types:
Libel - printed or broadcast
Slander - spoken
Nurse Practice Act (NPA)
defines the scope and limitations of professional nursing practice; vary from
state to state.
The practice of nursing is a right granted by a state to protect those who need
nursing care. The guidelines of the NPA and its rules provide safe parameters
within which to work, as well as protect patients from unprofessional and
unsafe nursing
practice. The act is a dynamic document that evolves and is updated or
amended as changes in scope of practice occur.All states and territories
have enacted a
NPAGenerally, NPAs include:Authority, power and composition of a board of
nursingEducation program standardsStandards and scope of nursing
practiceTypes of titles and licensesRequirements for licensureGrounds for
disciplinary action, other violations and possible remedies
, Rules & Regulations
The NPA itself is insufficient to provide the necessary guidance for the nursing
profession, therefore, each NPA establishes a board of nursing (BON) that has
the authority to develop administrative rules or regulations to clarify or make
the law
more specific. Rules and regulations must be consistent with the NPA and
cannot go beyond it. These rules and regulations undergo a process of
public review before
enactment. Once enacted, rules and regulations have the full force and effect
of law.
IT IS A NURSE'S RESPONSIBILITY TO KNOW NPA/RULES AND REGULATIONS
As a nurse in Texas, you have a responsibility to know and follow the Nursing
Practice Act and all applicable BON Rules and Regulations relating to your
nursing practice.
All current BON Rules and Regulations and the Nursing Practice Act can be
downloaded from the BON's web site at www.bon.texas.gov
Standards of Nursing Practice
Standards Applicable to All Nurses. All vocational nurses, registered nurses
and registered nurses with advanced practice authorization shall:
(A) Know and conform to the Texas Nursing Practice Act and the board's
rules and regulations as well as all federal, state, or local laws, rules or
regulations affecting the nurse's current area of nursing practice.
The standards of practice establish a minimum acceptable level of nursing
practice in any setting for each level of nursing license or advanced practice
authorization.
Failure to meet these standards may result in action against the nurse's
license even if no actual patient injury resulted.