The purpose of this chapter is to define the effects of law on nursing practice.
A review of federal agencies that are influential in nursing is presented. Areas
of nursing practice that are most commonly cited in malpractice and the role
of risk management in the health care environment are described. Advanced directives,
living wills and do not resuscitate (DNR) status are reviewed so that nurses
understand the legal implications.
The authors dedicate the majority of this chapter defining public law including: constitutional, criminal, and administrative law. There are multiple categories that affect nursing practice such as, a patient’s right to practice religion. This right falls under constitutional law. Criminal law focuses upon the actions of individuals that intentionally do harm to others. This may include patients who are not able to defend themselves against physical or emotional abuse such as, children or elderly. Another aspect of criminal law is ensuring that health care providers do not have a criminal background prior to employment. Criminal law also applies to the prohibition of substance abuse. Federal and state law requires a strict accounting of the dispensing and administration of regulated drugs such as, narcotics. Nurses are required to comply with accurate documentation of the above. It is important to note that if a nurse’s behavior off duty is discovered to be related to substance abuse, it can result in employment termination and loss of license.
Administrative law deals with both federal and state levels of protecting the rights of citizens. Examples of federal law are: the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and the Americans with Disabilities Act. Examples of state administrative law are the Nurse Practice Act and State Boards.
Civil law governs how individuals relate to each other on a daily basis. Contract law regulates transactions between individuals and/or legal entities such as a work agreement. Tort law focuses upon private or civil injury or wrong that requires the courts to provide a remedy for damages such as, malpractice and negligence, assault and battery, false imprisonment, invasion of privacy, living wills, power of attorney, do not resuscitate, and defamation.
Emphasis is placed upon
nursing’s skillful communication, especially when charting. It is suggested
to use the following model: FLAT or Factual, Legible, Accurate, and Timely in
documentation. Nurses are required to follow a physician’s orders, unless
doing so would cause harm. Risk management and reporting structures support
a nurse’s decisions during the process.