Nursing laws Complete Verified Solution, Graded A+
Statutory Law
• Laws written and enacted by legislative bodies
• Violations are criminal offenses and are punishable by fines or imprisonment
Federal statutes related to nursing and health care
Have a major impact on nursing care—mandate a minimum standard of care in all
settings that receive federal funds (Medicare, Medicaid)
FEDERAL: Emergency Medical Treatment and Active Labor Law
(EMTALA)
• Enacted to prohibit the refusal of care for indigent and
uninsured patients seeking medical assistance in
emergency departments
• Prohibits the transfer of unstable patients, including women in active labor, from one
facility to another
• Applicable to nonemergency facilities such as urgent care
clinics
FEDERAL: Americans With Disabilities Act of 1990 (ADA)
prohibits discrimination against persons with disabilities by removing barriers that might
prevent the same opportunities available to persons without disabilities
FEDERAL: Patient Self-Determination Act of 1990
requires that federally funded hospitals (Medicare, Medicaid) inform adult patients in
writing about their right to make treatment choices and that they ask patients if they
have a living will or durable power of attorney for health care
FEDERAL: Health Insurance Portability and Accountability Act of 1996
(Public Law No. 104-191) (HIPAA)
intent of this law is to ensure confidentiality of the patient's medical records; the statute
sets guidelines for maintaining the privacy of health data
FEDERAL: The Patient Safety and Quality Improvement Act
allows certain disclosures of patient safety data
(reporting certain illnesses - HIV, VD, etc - to health department)
STATE: Nurse Practice Act and board of nursing rules and regulations
Define the scope and limitations of professional nursing
practice
• Vary from state to state, but common elements include the following:
Definition of the term registered nurse
Description of professional nursing functions
Standards of competent performance
Behaviors that represent misconduct or prohibited
practices
Grounds for disciplinary action
Fines and penalties for violations
• Each nurse should own a copy and should understand the content
STATE: Nurse/patient ratio and mandatory overtime statutes
+ California was the first state to enact a law in January 2004 that mandates the
establishment of minimum nurse/patient ratios in acute care facilities (e.g., critical care
units, step-down and medical-surgical units, maternity departments).
, + Research indicates that improved nurse/patient ratios are associated with lower
"failure-to-rescue" rates and lower inpatient mortality rates.
STATE: Child Abuse Prevention and Treatment Act and reporting statutes
• Laws mandating the reporting of specific health problems
and suspected or confirmed abuse
• Health professionals must report the following under penalty of fine or imprisonment
for failing to do so:
Infant and child abuse
Dependent elder abuse
Specified communicable diseases
• Most laws grant immunity from suit within the context of the mandatory reporting
statute.
Institutional licensing laws:
+ All facilities that provide health care services must comply with licensing laws.
+ Generally contained within the law are the following:
• Minimum standards for maintenance of the physical plant
• Basic operational aspects for major departments—nursing, dietary, clinical labs, and
pharmacy
• Essential aspects of patient rights and informed consent
process
• Copies of licensing laws can be obtained from the state
health department.
American Nurses Association (ANA)
Standards of Professional Performance
Should be used along with Standards of Quality Practice to guide nurses
Common Law
Created through cases heard and decided in federal and state appellate courts—also
known as decisional or judge-made law (Common law and case law provide courts with
guidelines for deciding future cases)
Nursing case law
• Body of written opinions about nursing practice, also known as nursing case law
• Importance cannot be overstated in establishing the current standard of practice
• One important case established "affirmative duty"—the duty that nurses will exercise
independent judgment to prevent harm to patients.
• Nurses should review case law and journals dedicated to legal issues in nursing
practice.
• Common law and case law provide courts with guidelines for deciding future cases.
Civil Laws
Negligence and malpractice
CIVIL: neglicence
failure to act in a reasonable and
prudent manner.
CIVIL: malpractice
a special type of negligence, that is, the failure of
a professional, a person with specialized education and
training, to act in a reasonable and prudent manner.
Statutory Law
• Laws written and enacted by legislative bodies
• Violations are criminal offenses and are punishable by fines or imprisonment
Federal statutes related to nursing and health care
Have a major impact on nursing care—mandate a minimum standard of care in all
settings that receive federal funds (Medicare, Medicaid)
FEDERAL: Emergency Medical Treatment and Active Labor Law
(EMTALA)
• Enacted to prohibit the refusal of care for indigent and
uninsured patients seeking medical assistance in
emergency departments
• Prohibits the transfer of unstable patients, including women in active labor, from one
facility to another
• Applicable to nonemergency facilities such as urgent care
clinics
FEDERAL: Americans With Disabilities Act of 1990 (ADA)
prohibits discrimination against persons with disabilities by removing barriers that might
prevent the same opportunities available to persons without disabilities
FEDERAL: Patient Self-Determination Act of 1990
requires that federally funded hospitals (Medicare, Medicaid) inform adult patients in
writing about their right to make treatment choices and that they ask patients if they
have a living will or durable power of attorney for health care
FEDERAL: Health Insurance Portability and Accountability Act of 1996
(Public Law No. 104-191) (HIPAA)
intent of this law is to ensure confidentiality of the patient's medical records; the statute
sets guidelines for maintaining the privacy of health data
FEDERAL: The Patient Safety and Quality Improvement Act
allows certain disclosures of patient safety data
(reporting certain illnesses - HIV, VD, etc - to health department)
STATE: Nurse Practice Act and board of nursing rules and regulations
Define the scope and limitations of professional nursing
practice
• Vary from state to state, but common elements include the following:
Definition of the term registered nurse
Description of professional nursing functions
Standards of competent performance
Behaviors that represent misconduct or prohibited
practices
Grounds for disciplinary action
Fines and penalties for violations
• Each nurse should own a copy and should understand the content
STATE: Nurse/patient ratio and mandatory overtime statutes
+ California was the first state to enact a law in January 2004 that mandates the
establishment of minimum nurse/patient ratios in acute care facilities (e.g., critical care
units, step-down and medical-surgical units, maternity departments).
, + Research indicates that improved nurse/patient ratios are associated with lower
"failure-to-rescue" rates and lower inpatient mortality rates.
STATE: Child Abuse Prevention and Treatment Act and reporting statutes
• Laws mandating the reporting of specific health problems
and suspected or confirmed abuse
• Health professionals must report the following under penalty of fine or imprisonment
for failing to do so:
Infant and child abuse
Dependent elder abuse
Specified communicable diseases
• Most laws grant immunity from suit within the context of the mandatory reporting
statute.
Institutional licensing laws:
+ All facilities that provide health care services must comply with licensing laws.
+ Generally contained within the law are the following:
• Minimum standards for maintenance of the physical plant
• Basic operational aspects for major departments—nursing, dietary, clinical labs, and
pharmacy
• Essential aspects of patient rights and informed consent
process
• Copies of licensing laws can be obtained from the state
health department.
American Nurses Association (ANA)
Standards of Professional Performance
Should be used along with Standards of Quality Practice to guide nurses
Common Law
Created through cases heard and decided in federal and state appellate courts—also
known as decisional or judge-made law (Common law and case law provide courts with
guidelines for deciding future cases)
Nursing case law
• Body of written opinions about nursing practice, also known as nursing case law
• Importance cannot be overstated in establishing the current standard of practice
• One important case established "affirmative duty"—the duty that nurses will exercise
independent judgment to prevent harm to patients.
• Nurses should review case law and journals dedicated to legal issues in nursing
practice.
• Common law and case law provide courts with guidelines for deciding future cases.
Civil Laws
Negligence and malpractice
CIVIL: neglicence
failure to act in a reasonable and
prudent manner.
CIVIL: malpractice
a special type of negligence, that is, the failure of
a professional, a person with specialized education and
training, to act in a reasonable and prudent manner.
