...City Master of Arts in Nursing N105 CURRENT TRENDS IN NURSING (NURSING LAWS) My report is about the Current Trends in Nursing Laws and I have made a Comparative Analysis of all the Bills being passed by the House of Representatives and Senate that is actively being lobbied by; (a) Partylist Representative from ANG NARS, Hon. Leah Paquiz in which she filed HB 151 last July 1, 2013; (b) Senator Nancy Binay who filed SB 1264 last August 12, 2013; and (c) Sen. Teofisto Guingona III who filed SB 2583 last January 22, 2015. I will present my Summarized Report in Tabular Form so I can clearly present their differences for a clear comparison against our current law being implemented which is R.A. 9173 or The Philippine Nursing Act of 2002. R.A. 9173 House Bill 151 Cong. Leah Paquiz Senate Bill 1264 Sen. Nancy Binay Senate Bill 2583 Sen. Teofisto Guingona An Act Providing for a More Responsive Nursing Profession, Repealing for the Purpose Republic Act No. 7164, otherwise known as “The Philippine Nursing Act of 1991” and for other purposes An Act Providing for A SAME AS HB 151 Same as HB 151 Comprehensive Nursing Law Except the phrase, Towards Quality Health Care System, “ and Appropriating Funds Therefor” Repealing for this purpose R.A. 9173 otherwise known as “The Philippine Nursing Act of 2002” and Appropriating Funds Therefor MAJOR DIFFERENCES R.A. 9173 Proposed House and Senate Bills 1. Board of Nursing Composition: -6 members...
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...Dilemmas and D'Legals: Ethics and Law in Nursing Marsha Brice, Barbara Gong, Holly Lavely, Lindsey Talbot, Loveda Turnage NUR/391 August 6, 2012 Esther Van Baren Dilemmas and D'Legals: Ethics and Law in Nursing Every day nurses are confronted with situations that lead them to question their ethics and the legal duties of their profession. Both dilemmas are presented for examination and discussion in this class via two scenarios. In the first case scenario, the family of a victim of a hemorrhagic stroke must decide what measures they want the hospital staff to take to either sustain her life or if they want to deny any or all life-saving steps. In this instance, the father and children are at odds in their decision. The next case presents malpractice lawsuit scene where a nurse is called to testify on behalf of the patient against the negligent nurse and hospital. While these situations are vastly different, they share two inherent questions: What is the ethical thing to do? What is the nurse’s legal obligation? Each case study produced different legal questions. In the first case study the family of the patient could not agree on a course of action. There was no advance directive and the patient was not conscious. The husband of the patient in this case is the legal next of kin and is therefore legally responsible for making health care decisions for his wife when she is unable to do so. The children of the patient could challenge their father in court...
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...Nursing ethics and law Name Institution’s name The case scenario involving Jazi, a patient admitted in ICU, depicts a number of both legal and ethical issues. The fact that Jazi was not involved in the decision making process regarding his treatment option has resulted to professional and moral questions on whether it was right or wrong. Inherently, this paper identifies the ethical and legal issues that results from the actions of the nurses, and the doctor with regard to Jazi condition. Legal issues Legal Issues | Facts supporting / refuting | Further information which needs consideration | * NFR directive | * Nurses should have worked on the verbal order | * Why did the nurses not follow up with the doctor on the NFR directive? | * Decision making process involvement | * The nurses did not involve the patient in decision making process (Matt, 2012). | * Why did the nurses continued with their duty despite their knowledge of the mistake? | * Negligence | * The nurses owed the Jazi duty of care, | * Why did the nurses not follow up with the doctor on the NFR directive and provide the required care? | Ethical issues Principle | Explanation | Independence | The scenario reveals Jazi's autonomy breached since he was not involved in the decision making process regarding his treatment options (Ghaye, Gillespie & Lillyman, 2000). | Moral duty | The nurses have the moral duty to ensure the well being of the patient, and so they...
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...References 26 Appendix 27 Glossary of terms CPR: Cardiopulmonary Resuscitation. DNACPR: Do Not Attempt Cardiopulmonary Resuscitation. NMC: Nursing & Midwifery Council. GMC: General Medical Council. BMA: British Medical Association. GP: General Practitioner Introduction The Aim of this module is to encourage me to enhance my personal and professional skills, to increase the efficacy of patient care and interaction. Also to make me more aware of the legal, professional and ethical implications of practice. The module allowed me to further develop my knowledge of these topics: Ethics & Accountability, Legal Aspects of Practice, finally Accountability & Professional Practice. I was then asked to submit an essay of 4500 words based on the following: “Critically analyse an aspect of care from your practice setting that encompasses the ethical, professional & legal role of the nurse. Issues of accountability should be incorporated into this essay”. Aspect of care The aspect of care I have chosen to include in my essay is the “Do Not Attempt Cardiopulmonary Resuscitation (DNACPR)” Adult Policy 2010 (please see Appendix 1). I decided to choose this topic as there was a situation on my ward recently where a patient discovered a DNACPR form in the front of her nursing notes. The patient was very upset as she was not aware of this decision. She was an elderly lady with end stage Chronic Obstructive Pulmonary Disease. It came...
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...Nursing Law Duty of care: This can be defined as duty that healthcare professionals owe their client in order to avoid unreasonable risk of harm to patients receiving nursing care under them. Duty of care is expected where a person is responsible for the care of others. A nurse has a legal duty to be careful when nursing a patient If a health care professional is careless in his or her nursing practice, this is known as breach of duty of care and such professional can be held liable for such act or omission. Negligence: Negligence can be defined as an actionable harm caused to other people under one’s care. As an example, if a nurse was negligent in administering an incorrect dose of a medication; which might result in a patient sustaining injury. This means that the nurse responsible fell below standard of care expected of them. Consent: Is a legal obligation that is required from all persons who are in the care and treatment of a patient, before initiating any procedure or treatment. As a broad principle, obtaining the consent of a person prior to undertaking a procedure or treatment is respectful and therefore, should be attended to as a matter of course by all health professionals. For example, a patient has a legally enforceable right not to be touched by health care worker without a valid consent. Hence, for consent to be valid, it must: * Be informed, * Cover the actual procedure, * Be voluntarily given by the client, and * Be obtained by a patient...
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...QUESTION TWO: ADULT CASE STUDY, AN ETHICAL ISSUE OF CONSENT. This essay presents a critical incident analysis of a 70 years old man refusing to give consent to a life saving treatment. The essay will discuss its impact by discussing the conflict between professional and the patient’s issues. It will go on to explain the main professional issues in the scenario, breach of any NMC code of conduct and show how they relate to the guidelines set by Nursing and Midwifery Council (NMC). It will also highlight on the relevant underlying legal or ethical principles that applies to the case study and its implications. For instance, ethical principles, such as beneficence, non-maleficence, autonomy, justice, human rights and the best interests of the patient will be explored, in the light of relevant laws, in order to show some of the legal and ethical complexities within this case study, and finally draw a conclusion. For confidentiality purposes, have been changed in accordance to the NMC guidelines. The main professional issue reflected in this case study is the issue of consent. Consent, means to give permission for something to take place or to agree to do something (oxford dictionary 1998). This does not necessitate that, the actions approved have been developed or permission given in the knowledge of possible consequences known as informed consent has been achieved. This goes to show that, for medical purposes, although the patient has the right to refuse treatment, he has to also...
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...of 14 NURSING LAW AND ETHICS JURIS OUTLINE ( Atty. Aleth Joyce T. Cubacub) Chapter 1- Overview Nursing Profession - Process of constant change - Etymological perspective it comes from the Latin word meaning NUTRIX or nourish Nursing - Art, a science and a social science - Being an art, deals with skills that require dexterity and proficiency - Science : systematic and well-defined body of knowledge which utilizes scientific methods and procedures in the application of nursing process - Social Science: primordial interest is man whether well or sick - It is involved in total quality patient care when giving the patient prescribed medication or treatments - Primary focus is the individual’s response to health related problems FOUR FUNDAMENTAL RESPONSIBILITIES OF NURSING a. Promote health b. Prevent illness c. Restore health and d. To alleviate sufferings - Noble goal to promote the harmonious or symphonic interaction between men and their environment CHARACTERISTICS OF NURSING a. Nursing is caring b. Involves close, personal contact with the recipient of care; c. Concerned services ( humans as physiological, psychological and sociological organisms) d. Committed to personalized services regardless of color, creed or social or economic status e. Committed to promoting individual, family , community and national health goals f. Committed to involvement in ethical, legal and political issues in the delivery of health care NURSING PROCESS - Use nurse process as a tool in nursing practice...
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...The Nursing Practice Act (NPA) is the body of California law that mandates the Board to set out the scope of practice and responsibilities for RNs. The Practice Act is located in the California Business and Professions Code starting with Section 2700. Regulations that specify the implementation of the law appear in the California Code of Regulations ("Board Of Nursing", n.d.). What is the NPA? How does it affect nurses? What are the requirements for getting a nursing license from the Board of Nursing? All of these are important questions for someone to ponder when considering joining the nursing profession. Let us explore the ins and outs of becoming and being and registered nurse in California. Nurse Practice Act Samantha Kelly NSG/320 November 21, 2011 Jen Millar University of Phoenix Nurse Practice Act The Nursing Practice Act (NPA) is the body of California law that mandates the Board to set out the scope of practice and responsibilities for RNs. The Practice Act is located in the California Business and Professions Code starting with Section 2700. Regulations that specify the implementation of the law appear in the California Code of Regulations ("Board Of Nursing", n.d.). What is the NPA? How does it affect nurses? What are the requirements for getting a nursing license from the Board of Nursing? All of these are important questions for someone to ponder when considering joining the nursing profession...
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...Individual Analysis Standards of Nursing Nursing is a multi-faceted and evolving profession defined by the American Nurses Association (ANA) as, “The protection, promotion, and optimization of suffering through the diagnosis and treatment of human responses, and advocacy in the care of individuals, families, communities and population” (ANA, 2010, p.1). Standards of nursing care set by the ANA include standards of care, code of ethics, and professional standards. The standards set forth by the ANA help to define the scope of nursing practice. For the purpose of this paper, I will further detail how these standards affect my professional nursing care. Nursing professionals are obligated and expected to practice within the scope and standards of nursing care. Within my own scope of practice, I follow the standards of care on a daily basis. I am assessing patients, planning patient care, implementing, and evaluating the outcomes of patient care. My facility has outlined standards of care. By following these policies and procedures, I can commit to safe nursing practice. Nursing professionals are also obligated and expected to adhere to the standards of professional performance. Within my own nursing practice, I am expected to provide nonjudgmental care, therefore I must disrequard my own prejudices and be an advocate for the patient no matter the patient’s race, economic status, disease process, or chosen lifestyle. The nursing professional is also responsible to...
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...The definition of nursing practice is based by each states rules and regulations to govern the practice of nursing within that state. All nurses practice acts include two essential purposes. First each act includes statements that refer to protecting the health and safety of the citizens in the jurisdiction. The second purpose is to protect the title of the RN. The legal title RN is reserved for those meeting the requirements to practice nursing. (Contemporary Nursing, 2014) The scope of practice for RN’s is to provide individuals and groups nursing care, requiring specialized knowledge, judgment and skill derived from the principles of biological, physical, behavioral, social and nursing science. Such nursing care includes: 1. Indentifying patterns of human response to actual or potential health problems amendable to a nursing regimen. 2. Executing a nursing regimen through the selection, performance, management and evaluation of nursing actions.’ 3. Assessing health status for the purpose of providing nursing care. 4. Providing health counseling and health teaching. 5. Teaching administering, supervising, delegating and evaluating nursing practice. (Law regulating the practice of nursing, dialysis care and community health workers., 2013) (Ohio Board of Nursing) An advanced practice RN is a registered nurse who has completed and advanced graduate-level education program and has passed a national certification examination in order to practice in one...
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...Australia is supported by the Code of Ethics for Nurses in Australia. This Code of Professional Conduct for Nurses sets the minimum standards for practice a professional person is expected to uphold both within and outside of professional domains in order to ensure the ‘good standing’ of the nursing profession. These two companion Codes, together with other published practice standards (e.g. competency standards, decisionmaking frameworks, guidelines and position statements), provide a framework for legally and professionally accountable and responsible nursing practice in all clinical, 2 management, education and research domains. The support and assistance of Royal College of Nursing (unified with The College of Nursing on 1 July 2012 to become Australian College of Nursing) and the Australian Nursing Federation in developing this edition of the Code of Professional Conduct for Nurses in Australia is acknowledged. In considering this Code and the Code of Ethics for Nurses in Australia, it should be borne in mind that they are designed for multiple audiences: nurses; nursing students; people requiring or receiving nursing care; other health workers; the community generally; employers of nurses; nursing regulatory authorities; and consumer protection agencies. 4. Nurses respect the dignity, culture, ethnicity, values and beliefs of people receiving care and treatment, and of their...
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...Regulating and Accreditating Agencies In Nursing Education January 21, 2013 Regulatory agencies and accreditation bodies have been used to guide and enforce nursing practice and education for years. Nursing practice regulation was started to protect nurses and the communities they serve in. Today, the primary purpose of regulation has remained virtually unchanged, but now “also relates to defining nursing practices as well as nursing education” (Flook, 2003, p. 161). Regulation agencies play many roles in nursing educational settings. Accrediting agencies help students ensure that they are choosing a school program that practices competent, professional nursing practices. Choosing a nursing program that is accredited ensures that the curricula and education received conforms to certain requirements and provides comfort to students, knowing that their investments in their education is not wasted (University of San Francisco, 2011). Regulatory Agencies A regulatory agency creates and “enforces rules or regulations that carry the full force of the law”. “The ultimate goal of nursing regulation is to protect the public from harm” (Flook, 2003, p. 163). The Boards of Nursing (BON) were established over 100 years ago to protect the health of the public by supervising and ensuring safe nursing practice. Boards of Nursing were established to enforce regulations for the unsafe, unethical, and incompetent nursing practices. The BON is a very influential...
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... Regulation of Nursing Practice and Legal Aspects Marie Alexandre University Of Phoenix HCS/430 - LEGAL ISSUES IN HEALTH CARE: REGULATION AND COMPLIANCE Instructor: LENORA SMITH July 4th 2011 Running Head: Professional Regulation and Criminal Liability Abstract The delivery of care within the health care system is a challenge because of the changes that are influencing health professional, patients and health care organization. Nursing practice is governed by many legal concepts. It is important for nurses to know the basic of legal concepts, because nurses will be held accountable for making decision that can be harmful to patient’s health. Nurses most have a clear understanding of the law and how it affects nursing practice. Many of legal issues today require Nurses to use critical thinking abilities to practice safe nursing care, Safe Nursing care means to understand the legal boundaries within with nurses must function. The paper will help described nursing, legal issues nursing are facing today. Professional Nursing should know the legal limit which affects nursing practice. An understanding of the law bond with sound judgment should ensure safe and appropriate nursing care. Running Head: Professional Regulation...
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... A. Functional Differences The functional differences between the Oregon State Board of Nurses (OSBN) and the American Nursing Association (ANA) are varied. The State Board of Nurses is a body of nine individuals chosen by the Governor, only four of whom are Registered Nurses, and one is a nurse practitioner (Oregon State Board of Nursing, n.d.). Some of the things the Board is responsible for is the issuing and renewing of all medical licenses for nurse practitioners, registered nurses, licensed vocational nurses, and certified nursing assistants. The Board represents all the licensed nurses in the state. The Board also interprets the Nurse Practice Act and evaluates and approves nursing education programs, as well as investigates complaints and takes disciplinary action for wrong doings of nurses (Oregon State Board of Nursing, n.d.). I feel that the Nurse Practice Act written by the OSBN, is a very important body of laws. “These rules have the effect of law and help define safe and competent practice.” (Oregon.gov, n.d.) It entails guidelines to govern my practice: it covers the laws that direct how I would conduct my self in a delegation situation, how I renew my license, how I would report illegal activity and to whom, how I should ensure my legal safety when accepting assignments and floating to another floor. It also contains many other laws to guide my practice. (Oregon.gov n.d.) On the other hand, the American Nurses Association (ANA) consists of 15 Board...
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...Legal principles Nurses like other healthcare professionals need to practice according to a complex web of federal and state statutes – while making decisions in an ethically responsible manner. Nurses tend to consider the ethical implications of their decisions to ensure their actions are in the interest of their patients and do not cause harm. At first glance, it may seem that making these decisions should be straightforward, but many situations are not clear-cut, and there are times when what seems legal is not ethical and vice versa. The nursing, legal principles fall on the licensure, federal and state laws, the practice scope and the expectation of professionalism. Their license and nursing standard offers a framework that stipulates...
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