Law 2

Nurse Practitioner (NP & RN)

primary care delivery and psychosocial and physical health problems

Clinical Nurse Specialist (CNS & RN)

manages patients with complex needs (obstetrics, pediatrics, psychiatry)

Nurse Midwife

provides normal prenatal, intrapartum, and postpartum care

Nurse Anesthesist

provides anesthesia; was the first role expanded for nurses requiring certificate

Nurse Managers (CNO)

has administrative authority for activities and training of other nurses; maintains standards of practice and policy

Special-Duty Nurse

employed by a patient or family; an organization is generally not liable for negligence unless master-servent relationship is discovered

Floating Nurse

rotates from unit to unit

Nurse Assistant

can assist patients with activities of daily living

Student Nurse

provides nursing care to patients; is personally liable and facility is liable based on respondent superior

EMTALA (emergency medical treatment & active labor act)

forbids Medicare-participating hospitals from "dumping" patients out of emergency departments (1986)

Privacy Act of 1974

- Safeguarded individual privacy from the misuse of federal records
- Gave individuals access to records concerning themselves that are maintained by federal agencies
- Established a Privacy Protection Safety Commission

DRG (Diagnosed Related Groups)

a method of classifying patients by categories according to age, diagnosis, and treatment resource requirements

Informed Consent

a legal doctrine that provides that a patient has the right to know the potential risks, benefits, and alternatives of proposed procedures

Express Consent

verbal or written consent

Implied Consent

emergency situations; when impediment action is needed to prevent death or permanent impairment of patient's health; it is required by law to help unconscious patients

Verbal Consent

as binding as written consent, but more difficult to prove

Written Consent

consent forms should be executed when a proposed treatment may involve some unusual risk to the patient; it provides physical proof of consent

Statutory Consent

Provides that when a patient is clinically unable to give consent to a lifesaving treatment, the law implies consent on the presumption on a reasonable person would consent to lifesaving intervention; person needs to be clinically unable! (mentally ill)

Temporary Consent

An agreement that allows the health care facility to initiate emergency treatment while an attempt is being made to reach the family for consent

Respondent Superior

a legal doctrine holding employers liable for the wrongful acts of their employers

Physician's Assistant

Duties: suturing minor wounds, administer injections, preform routine history and physical exams; they should be monitored and supervised by a physical

Respiratory Therapist

responsible for the treatment, management, diagnostic testing, and control of patients with cardiopulmonary defects

Medical Assistants

an unlicensed person who provides administrative, clerical, and/or technical support to a licensed practitioner

Physical Therapy

the art and science of preventing and treating neuromuscular or musculoskeletal disabilities and rehabilitation potential

Consent for Specific Procedures Only

consent for anesthesia, radiation therapy, chemotherapy, and imaging

Judicial Consent

may be necessary in those instances where there is a concern as to the absence or legality of consent

Health Insurance Portability and Accountability Act (HIPAA)

privacy, confidentiality, security, administrative, physical, technical

Health Care Quality Improvement Act (HCQIA)

Enacted in part to provide those persons giving information to professional review bodies and those assisting in review activities limited immunity from damages that may arise as a result of adverse decisions that affect a physician's medical staff privil

Patient Self-Determination Act

Protects patients rights about making decisions regarding their own health. Provides that each individual has a right under state law to make decisions concerning his or her medical care, including the right to accept or refuse medical treatment

Persons who can consent

a competent patient, a guardian, a parent, an emancipated minor

Disclosure Rules

physical, not hospital, has duty to advise a patient of risks of treatment. Patients AND physicials have duty to disclose

Exculpatory Agreements

an agreement that relieves one from liability when he or she has acted in good faith

Child Abuse

the intentional serious mental, emotional, sexual, and/or physical injury inflicted by a family or other person responsible for child's care

Neglect

the failure to provide the care necessary to avoid physical harm

Good Faith

reasonable cause to believe a child's injuries were not accidental; not acting from his/her desire to harass, injure, or embarrass the child's parents

Elder Abuse

any form of mistreatment that results in harm or loss in an oler person (physical, sexual, psychological, financial)

Medical Malpractice Action

written complaint or claim demanding payment based on a healthcare practitioner's provision of or failure to provide healthcare services, including the filing of a cause of action on tort law, brought in any state or federal court.

Entity

an entity that provides healthcare services and engages in professional review activity through a formal peer-review process for the purpose of furthering quality health care or committee of that entity

Incident Report

contains statements made by employees and physicians regarding a deviation from acceptable patient care

Serious Event

an event involving the clinical care of a patient in a medical facility that results in death or compromises patient safety and results in an unanticipated injury requiring the delivery of additional healthcare services to the patient

Sentinel Event

an unexpected occurrence involving death or serious physical or psychological injury, or the risk thereof

Abandonment

the unilateral termination of a physician-patient relationship by the physician without notice to the patient

CPT (Current Procedural Terminology)

accurately describes medical, surgical, and diagnostic services and is designed to communicate uniform information about medical services and procedures among health care providers

RCA (Root Cause Analysis)

a chronologic review of an event to identify what, why, how, when, and where an unwanted event occurred in order to prevent reoccurrence of the event

Reciprocity

an agreement between two states

Endorsements

board determines if a nurse qualifications meet state board standard

Waiver

specific prerequisites may be waived

Examination

some states require all to take, temporary licenses an be granted

Communicable Diseases

most states have enacted laws that require the reporting of actual or suspected cases of communicable diseases; to protect citizen's health by quarantine

Births & Deaths

all births and deaths are reportable; births occurring outside of a health care physicality should be reported by an attendant

Suspicious Deaths

- May be result of some form of criminal activity
- Must be referred for further review
- Examples: violent deaths, deaths caused by unlawful acts or criminal neglect, and deaths that may be considered suspicious or unusual

Incident Reporting

contain statements made by employees and physicians regarding a deviation from acceptable patient care. Some states require investigation & reporting on certain incidences