Keith Mack
Nursing common law refers to the laws and regulations that govern nursing practice. These laws aim to protect the public by ensuring safe and ethical nursing care. They outline the scope of nursing practice, define terms and phrases relevant to nursing law, establish nursing education standards, and provide grounds for disciplinary actions in cases of violations. The Nursing Practice Act (NPA) is a critical component of nursing common law, providing standards for nursing practice and safeguarding patient rights, privacy, and confidentiality. Nurses must be aware of these laws and their legal responsibilities to avoid potential legal issues and ensure safe patient care.
| Characteristics | Values |
|---|---|
| Purpose | To protect the patient and the nurse and define the scope of practice |
| Scope | Defining phrases and terms for the intent of the law, defining the composition of the board members, defining nursing school educational program standards, defining the scope of nursing practice, overseeing licensure processes, protecting titles and providing grounds for disciplinary actions for violations |
| Reporting requirements | Suspected abuse of children, the elderly, and the disabled, gunshot wounds, dog bites, some communicable diseases, and unsafe or illegal practices of other health care team members |
| Patient privacy laws | HIPAA |
| Patient rights | Privacy, confidentiality, consent, and safety |
| Nurse licensure | Nurse Licensure Compact |
| Nurse education | Standards for education and training that nurses must satisfy to engage in lawful practice |
| Nurse conduct | A code of conduct for the continued privilege to practice nursing |
| Nurse discipline | Grounds for disciplinary actions for violations |
| Nurse practice | Standards for nursing practice |
| Nurse liability | Nurses can be held legally responsible for their actions on the job |
| Nurse as expert witnesses | Nurses are increasingly recognized as expert witnesses |
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What You'll Learn
The Nursing Practice Act (NPA)
Nursing, like any other profession in the healthcare industry, is governed by a set of legal regulations and guidelines. These laws are defined in the Nursing Practice Act (NPA) and are set by each state and territory in the US to govern the practice of nursing. The NPA is then interpreted into regulations by each state and territorial nursing board, which has the authority to regulate the practice of nursing care and the power to enforce the laws.
The NPA provides guiding principles for the scope of nursing regulation, which includes defining phrases and terms for the intent of the law, defining the composition of board members, defining nursing school educational program standards, defining the scope of nursing practice, overseeing licensure processes, and providing grounds for disciplinary actions for violations. The NPA is the law for governing nursing practice in each state and is used for guidance to action. Therefore, the NPA has terms and phrases clearly defined for the state boards of nursing to use for enforcement.
The NPA emphasizes the accountability of all nurses, not only in providing but also in improving safe client care. It provides nursing practice standards and a code of conduct for the continued privilege to practice nursing. The NPA also includes laws and rules relating to the Nurse Licensure Compact, which allows nurses to practice across state lines, usually online or via telephone connections.
The NPA exists to regulate and protect the public from practitioners who are a risk to health, safety, and welfare within its state board jurisdiction. This protection principle is accomplished by assessing competence at initial licensure and throughout a nurse's career. Nurses are mandated to report suspected abuse of children, the elderly, and the disabled, as well as other instances like gunshot wounds, dog bites, some communicable diseases, and unsafe or illegal practices of other healthcare team members.
It is important for nurses to be familiar with healthcare law to ensure they are providing safe and ethical care to patients, as well as protecting themselves from potential legal issues.
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Mandatory reporting requirements
Nurses must also report gunshot wounds, dog bites, some communicable diseases, and unsafe or illegal practices of other healthcare team members. For example, if a nurse witnesses a violation of healthcare law, they should report it to their supervisor or the appropriate authorities. Reporting responsibility often begins at the organizational level, and nurses may need to identify the relevant local, state, or federal authorities to submit the report and pursue it to its resolution.
In addition to mandatory reporting, nurses should be aware of laws that protect them from liability in specific situations. For instance, Good Samaritan laws typically negate any penalty to a person rendering aid in an emergency, and these exist at both the state level and federally, such as the Aviation Medical Assistance Act (AMAA). Similarly, in Wisconsin, a law states that anyone who renders emergency care at the scene of an accident or emergency in good faith is immune from civil liability. However, it is important to note that laws vary by state, and nurses should review the laws in the state they are practising in.
Nurses should also be aware of the legal concept of ''beneficence,' which defines actions that promote the well-being of others, specifically in the medical field. This includes taking action or not avoiding actions that are in the best interest of patients.
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Patient privacy laws
In the context of nursing, common law refers to the body of laws and regulations that govern the nursing profession and its practice. These laws are designed to protect the public, ensure safe and ethical patient care, and outline the rights and responsibilities of nurses.
In the United States, patient privacy laws are primarily governed by the Health Insurance Portability and Accountability Act (HIPAA). HIPAA establishes a Privacy Rule, a federal law that gives patients rights over their health information and sets rules and limits on who can access and receive this information. The Privacy Rule applies to all forms of protected health information, whether electronic, written, or oral.
The Security Rule, another federal law under HIPAA, requires security measures to protect health information in electronic form. This includes safeguards to ensure that health information is not improperly used or disclosed.
HIPAA recommends disclosing only the minimum amount of information necessary to ensure patient privacy. For example, when discussing sensitive information with a patient in a room with others, healthcare providers should avoid divulging specific details. Instead, they may ask the patient to move to a private room for further discussion.
HIPAA also outlines exclusions to protected health information (PHI) disclosure. Mental health notes, for instance, cannot be shared without explicit authorization. Other exclusions include legal documents pertaining to medical records, laboratory results (especially for sexually transmitted diseases), and cases where the patient cannot provide consent or is unavailable.
In the event of a HIPAA violation, patients can report the matter to the Office of Civil Rights (OCR). If the violation involves gross negligence and professional malpractice, the case may be brought to court.
In addition to HIPAA, patient privacy is also protected by the Nursing Practice Act (NPA), which is enacted by each state and territory in the US. The NPA provides guiding principles and standards for nursing practice, including patient confidentiality and safe nursing care. State laws, such as Good Samaritan laws, also offer protections against negligence claims for individuals providing emergency aid.
Nurses are responsible for being aware of these patient privacy laws and upholding patient confidentiality. This includes obtaining consent, reporting suspected abuse or neglect, and safeguarding sensitive health information.
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Nurse Licensure Compact
The Nurse Licensure Compact (NLC) is a law that allows nurses to practice across state lines in the United States without having to obtain multiple licenses. Traditionally, nurses in the US have been licensed by the state or jurisdiction in which they practice, meaning that they would need to obtain multiple licenses if they wanted to practice in more than one state. The NLC was first introduced in 2000 when Maryland signed the first healthcare compact into law. It was then updated in 2015, requiring states that had adopted the original compact to return to the legislature for approval of the new "enhanced" version. As of 2017, 43 jurisdictions are part of the NLC.
The NLC is an interstate agreement that permits registered nurses (RNs) and licensed practical/vocational nurses (LPN/LVNs) to hold a single license that is valid in multiple states. This is known as a "multistate licensure privilege". To participate in the NLC, state nursing boards must join the national database, Coordinated Licensure Information System (CLIS), or Nurses License Verification database. This allows states to share information for verification of nurse licensure, discipline, and practice privileges.
The NLC provides greater mobility for nurses, allowing them to practice in multiple states without having to obtain additional licenses. However, it is important to note that nurses practicing under the NLC must follow the laws and rules of the state in which they are currently practicing. If a nurse violates the nursing practice act of a particular state, that state may take action to discipline the nurse.
The NLC is just one example of how nursing regulation is evolving to meet the needs of a changing healthcare landscape. Nursing regulation aims to provide standardization for laws governing nursing practice, emphasizing accountability and the provision of safe and ethical client care. Nurses are responsible for being aware of both public and private laws that affect their practice, as well as the legal consequences of violating these laws. By understanding the legal and ethical principles of their profession, nurses can ensure that they are providing the highest standard of care to their patients.
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Common law and precedent
Nursing law is a complex and multifaceted area, with nurses needing to be aware of both public and private laws that affect their practice. In the United States, each state and territory has its own Nursing Practice Act (NPA), which is interpreted and enforced by each state's board of nursing. These laws are designed to regulate and protect the public from practitioners who may pose a danger to health, safety, and welfare. They also provide standards for nursing education and training, as well as delineating the legal responsibilities of nurses, such as upholding patient confidentiality and reporting instances of abuse.
Nurses must be aware of the legal landscape in their state, as well as any relevant federal laws. This includes understanding their educational requirements, licensure, and relicence matters. They should also be familiar with healthcare laws such as patient privacy laws (HIPAA), informed consent laws, professional licensing laws, and laws related to medical malpractice. By understanding these laws, nurses can ensure they are providing safe and ethical care to their patients while also protecting themselves from potential legal issues.
In addition to common law and precedent, nursing law also encompasses mandatory reporting requirements, Good Samaritan laws, and the legal aspects of nursing practice, such as do-not-resuscitate orders and nursing defences in litigation. Nurses may also encounter situations involving tampering with medical documents, alternative dispute resolution, and the litigation process itself. As such, it is crucial for nurses to stay up-to-date with legal changes and seek out educational resources to enhance their understanding of the legal system.
Overall, the interplay between common law, precedent, and nursing law is complex and dynamic. Nurses have a responsibility to be aware of the legal landscape that governs their practice and to uphold the legal and ethical principles that ensure safe and effective patient care. By understanding the legal system, nurses can better navigate potential legal issues and provide the best possible care for their patients.
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Frequently asked questions
The NPA is a set of laws and regulations that govern the practice of nursing in the US. Each state and territory has its own version of the NPA, which is interpreted and enforced by each state's board of nursing. The NPA provides guiding principles for nursing regulation, including defining the scope of nursing practice, nursing education standards, and licensure processes.
Nurses should be familiar with various healthcare laws to ensure safe and ethical patient care and protect themselves from legal issues. Some key laws include patient privacy laws (e.g., HIPAA), informed consent laws, professional licensing laws, and laws related to medical malpractice.
Beneficence is a legal term in the medical field that refers to taking actions that promote the well-being of patients. It involves acting in the patient's best interest and avoiding actions that may cause harm.
Common law refers to existing laws in areas such as tort, contract, and property. While statutes can overrule or modify common law, nursing practices are influenced by judicial precedent set by previous court decisions. For example, the expanded practice of nurses has been shaped by precedents established in court cases.
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