CANS Exam 2 With 100% Correct Answers
2024
Civil law
recognized and enforces the rights of individuals in disputes over legal rights or duties of individuals in
relation to one another
Criminal law
involves public concerns regarding an individual's unlawful behavior that threatens society
the criminal court system defines what constitutes a crime and may mandate specific punishments
within limits set by legislative bodies and the constitution.
Negligence (4 parts)
1. The professional (nurse) has assumed the duty of care (responsibility for the patient's care).
2. The professional (nurse) breached the duty of care by failing to meet the standard of care.
3. The failure of the professional (nurse) to meet the standard of care was the proximate cause of the
injury.
4. The injury is proved and correlated.
Assault
a threat or an attempt to make bodily contact with another person without the person's consent.
Battery
the assault carried out; the impermissible, unprivileged touching of one person by another.
Three Major Conditions of Informed Consent
1.Consent must be given voluntarily.
2.Consent must be given by an individual with the capacity and competence to understand.
3.The patient must be given enough information.
Elements of Informed Consent to be Legally Valid
•Completeness refers to the quality of the information provided.
•Competency takes into account the capability of a particular patient to understand the information
given and make a choice.
•Voluntariness refers to the freedom the patient has to accept or reject alternatives.
1. Autonomy
2. Minors, under the effects of drugs and alcohol, mental deficits, and competency to consent
Role of Nurse for informed consent
Unless primary providers, nurses collaborate with the primary provider.
A nurse may witness a patient's signing but is not responsible for explaining the proposed treatment.
The nurse is not responsible for evaluating whether the physician has truly explained the significant
risks, benefits, and alternative treatments.
The nurse is responsible for determining that the elements for valid consent are in place, providing
feedback if the patient wishes to change consent, and communicating the patient's need for further
information to the primary provider.
Standard of Care
, a level of care that the majority of nurse would perform.
HIPAA
HIPAA requires all health care providers, including physicians, hospitals, health plans, pharmacies,
public health authorities, insurance companies, billing agencies, information systems sales and service
providers, and others, to ensure the privacy and confidentiality of patients.
HIPAA regulations require several major patient protections:
Patients are able to see and obtain copies of their medical records, generally within 30 days of their
request, and to request corrections if they detect errors. Providers may charge patients for the cost of
copying and mailing the records.
Providers must give patients written notice describing the provider's information practices and
explaining patients' rights. Patients must be asked to agree to these practices by signing or initialing
the notice.
Limitations are placed on the length of time records can be retrieved, what information can be
shared, where it can be shared, and who can be present when it is shared.
Advanced Directives (Patient Self-Determination Practice Act)
•Advanced directives - written instructions that describe preferences should the individual become
incapacitated
Acute care and long-term care facilities must:
•Provide written information to all adult patients about their rights under state law
•Ensure institutional compliance with state laws on advance directives
•Provide for education of staff and the community on advance directives
•Document in the medical record whether the patient has an advance directive
Nursing Practice Act
(defines and controls nursing)
Defines the practice of professional nursing
Sets the minimum educational qualifications and other requirements for licensure
Determines the legal titles and abbreviations nurses may use
Provides for disciplinary action of licensees for certain causes
In many states, NPA is a statutory law affecting nursing practice within the bounds of the state.
The NPA is important to professional nurses.
ANA and NCSBN have developed and suggested language for the content of state NPA.
1996 ANA Model Practice Act - encourages consideration of the many issues inherent in a nursing
practice act and the political realities of state legislature and regulatory processes.
NCSBN Model Nursing Practice Act (2012) urges the inclusion of:
A clear differentiation between advanced and generalist nursing practice
Authority for boards of nursing to regulate advanced nursing practice, including authority for
prescription writing
Authority for boards of nursing to oversee unlicensed assistive personnel (UAP)
Clarification of the nurse's responsibility for delegation to and supervision of other personnel
Support for mandatory licensure for nurses while retaining sufficient flexibility to accommodate the
changing nature of nursing practice
Nurse disciplinary issues
most common offense is substance abuse
The state boards of nursing has the power to sanction a nurse for performing professional functions
that are dangerous to the patient or general public.
2024
Civil law
recognized and enforces the rights of individuals in disputes over legal rights or duties of individuals in
relation to one another
Criminal law
involves public concerns regarding an individual's unlawful behavior that threatens society
the criminal court system defines what constitutes a crime and may mandate specific punishments
within limits set by legislative bodies and the constitution.
Negligence (4 parts)
1. The professional (nurse) has assumed the duty of care (responsibility for the patient's care).
2. The professional (nurse) breached the duty of care by failing to meet the standard of care.
3. The failure of the professional (nurse) to meet the standard of care was the proximate cause of the
injury.
4. The injury is proved and correlated.
Assault
a threat or an attempt to make bodily contact with another person without the person's consent.
Battery
the assault carried out; the impermissible, unprivileged touching of one person by another.
Three Major Conditions of Informed Consent
1.Consent must be given voluntarily.
2.Consent must be given by an individual with the capacity and competence to understand.
3.The patient must be given enough information.
Elements of Informed Consent to be Legally Valid
•Completeness refers to the quality of the information provided.
•Competency takes into account the capability of a particular patient to understand the information
given and make a choice.
•Voluntariness refers to the freedom the patient has to accept or reject alternatives.
1. Autonomy
2. Minors, under the effects of drugs and alcohol, mental deficits, and competency to consent
Role of Nurse for informed consent
Unless primary providers, nurses collaborate with the primary provider.
A nurse may witness a patient's signing but is not responsible for explaining the proposed treatment.
The nurse is not responsible for evaluating whether the physician has truly explained the significant
risks, benefits, and alternative treatments.
The nurse is responsible for determining that the elements for valid consent are in place, providing
feedback if the patient wishes to change consent, and communicating the patient's need for further
information to the primary provider.
Standard of Care
, a level of care that the majority of nurse would perform.
HIPAA
HIPAA requires all health care providers, including physicians, hospitals, health plans, pharmacies,
public health authorities, insurance companies, billing agencies, information systems sales and service
providers, and others, to ensure the privacy and confidentiality of patients.
HIPAA regulations require several major patient protections:
Patients are able to see and obtain copies of their medical records, generally within 30 days of their
request, and to request corrections if they detect errors. Providers may charge patients for the cost of
copying and mailing the records.
Providers must give patients written notice describing the provider's information practices and
explaining patients' rights. Patients must be asked to agree to these practices by signing or initialing
the notice.
Limitations are placed on the length of time records can be retrieved, what information can be
shared, where it can be shared, and who can be present when it is shared.
Advanced Directives (Patient Self-Determination Practice Act)
•Advanced directives - written instructions that describe preferences should the individual become
incapacitated
Acute care and long-term care facilities must:
•Provide written information to all adult patients about their rights under state law
•Ensure institutional compliance with state laws on advance directives
•Provide for education of staff and the community on advance directives
•Document in the medical record whether the patient has an advance directive
Nursing Practice Act
(defines and controls nursing)
Defines the practice of professional nursing
Sets the minimum educational qualifications and other requirements for licensure
Determines the legal titles and abbreviations nurses may use
Provides for disciplinary action of licensees for certain causes
In many states, NPA is a statutory law affecting nursing practice within the bounds of the state.
The NPA is important to professional nurses.
ANA and NCSBN have developed and suggested language for the content of state NPA.
1996 ANA Model Practice Act - encourages consideration of the many issues inherent in a nursing
practice act and the political realities of state legislature and regulatory processes.
NCSBN Model Nursing Practice Act (2012) urges the inclusion of:
A clear differentiation between advanced and generalist nursing practice
Authority for boards of nursing to regulate advanced nursing practice, including authority for
prescription writing
Authority for boards of nursing to oversee unlicensed assistive personnel (UAP)
Clarification of the nurse's responsibility for delegation to and supervision of other personnel
Support for mandatory licensure for nurses while retaining sufficient flexibility to accommodate the
changing nature of nursing practice
Nurse disciplinary issues
most common offense is substance abuse
The state boards of nursing has the power to sanction a nurse for performing professional functions
that are dangerous to the patient or general public.
