Class 6 Unit 3 Discussion

In this unit, you will learn how the law affects advanced practice nursing. Laws that govern the advanced practice nurse can be as complex as state and federal regulations or may be guided by public policy and codes of ethics. It is important to understand the laws, statutes, policies, and codes and to be able to incorporate them into the health system practice environments. The nurse can be involved in a licensure action brought by the state or in a negligence or malpractice suit. The Nurse Practice Act of the state of practice defines the scope of practice. Standards of care are based on what a reasonably prudent nurse would or would not do under similar circumstances. These standards and the Nurse Practice Act will be used in both licensure and malpractice actions. The nurse, if sued, will be judged by a jury which is made up of lay people. If the action is for licensure by the state of practice, the results can be suspension, revocation, or a warning. Generally, states have boards made up of nurses that make decisions for licensure issues. States have different guidelines for determining unprofessional practice. In some states, if one is convicted of a felony unrelated to the practice of nursing, it may be grounds for suspension. Other grounds are gross negligence or negligence on more than one occasion. Practicing defensively and knowing your state's laws is the best way to avoid being involved in these types of actions.

Patients’ Rights When Incapacitated Because of Age or Mental Illness

You will also look at the rights of patients that may be incapacitated because of their age or mental condition. In most states, a minor is considered anyone under the age of 18. Adults may be under a legal incapacity because of a psychiatric condition or other mental status such as Alzheimer’s or dementia. Legally and ethically, these patients have rights to make decisions for themselves when possible.

The nurse may be placed in a situation where the patient’s wishes and the family’s wishes conflict. This can be a source of moral distress for the nurse. The nurse needs to know the law and how to handle these issues. Additionally, having policies and procedures in place before such an event occurs can help alleviate the stress of these situations.

After completing this unit, you should be able to:

· Evaluate the legal process and the effect it has on the scope of advanced nursing practice.

· Analyze methods to prevent malpractice.

· Differentiate between legal and ethical issues of patients’ rights.

· Evaluate the judicial and legislative processes that regulate the licensing of an advanced practice nurse.