All Rights Reserved. It's important to note that when State law and institutional policy are in conflict, state law trumps the institution. 28, 6, 32-32. doi: 10.7748/ns2013.10.28.6.32.s37 implementation of nursing laws can serve as strategic plan that guides nursing profession, whether in-patient nursing care or public health nursing. Nursing and the Law Patricia Staunton President Australian Nurses Federation (NSW) 1st National Rural Health Conference Toowoomba 14th - 16th February 1991 Proceedings. Good writing skills are important in any professional context, but for nurses, they are especially important. Constitutional law is the primary source; everything else derives from this. Ignoring the law and relying on the false sense of security provided by decades of teaching in the more tolerant and relatively anonymous cocoon of traditional classrooms by supporting infringing activities, (even unintentionally) is, for lack of a better term, indefensible North Carolina State University (n.d.b). The Importance of Laws and Rule of the Board for Nursing The Ultimate Laws and Rule of the Board for Nursing Trick . Patients have the right to privacy, and they have the right to have the information shared with healthcare providers who will use it with discretion in the patient’s best interest. Never-Before-Seen Structure Provides Semen With The Energy To Focus On Fertilising With An Egg, WHO Guideline for Emergency Risk Communication (ERC) policy and practice, How Parents Arguments Really Affect Their Children By Prof Gordon Harold University of Sussex, JOHESU Response To NMA ‘Time To Caution Press Statetment, School of Midwifery UBTH Admission into Basic Midwifery 2021/2022 Session, NCDC Accredited Covid-19 Test Centers In Nigeria For Travellers, 60,000 Nurses infected with coronavirus in Iran, WHO 2021 Midwifery Network Webinar Recordings and Upcoming Webinar Information. Law in mental health nursing. Another important consideration is the legal significance of nursing records. This is true whether you are a nursing student, relatively new in the field, … Assignment 2: Importance of Legal System In 350 B.C., Aristotle said, the rule of law is better than the rule of any individual. It is a moral compass that pushes nurses to administer services fairly and in a timely fashion. Patient privacy is important in the field of medicine, and nurses are frequently the ones to maintain it. Second, legislatures at both the state and federal level enact statutes that regulate aspects of healthcare. These standards are important to our profession because they promote and guide our clinical practice. Nursing and the Law Ms Pat Staunton President Australian Nurses Federation (NSW) I I was asked to speak on this issue for two reasons I suspect. This is a very brief summary of the sources of law that inform and impact your professional nursing practice. These rulings set precedents for lower courts and legislatures to follow and consequently can impact a profession. The practice of nursing has oriented towards a more collaborative approach with patients in order to realize treatment plan outcomes. But the law does not prohibit any-one from practicing nursing as long as she does not assume to be a registered or trained nurse. To apply ethics effectively, nurses must develop reasoning skills and understand the concepts and principles that assist ethical analysis. Organizational policies and procedures guide nurses in proper protocols and provide them with a point of reference to judge themselves and their peers. As stated by O’Keefe in Nursing Malpractice and the Law, in nursing care, patient rights are the advocacy symbol. Ethics ensure that every person is given the greatest level of attention and care possible. This should not be opinion, but an analysis, supported by the readings and your own research. problems. The law informs nursing at every stage and it is But pinning down a specific number is hard to do, given the legal vagaries from state to state. law. Before dealing with “evidence law”, it is important to discuss about the concept of “evidence” in general since evidence and law of evidence are two different things. Most individuals choose nursing as a profession because of their desire to care for other individuals. Nurses should create a favorable environment for mutual trust and respect between the patients and rest of healthcare professionals. It is agreed by both the International Council of Nurses and the World Health Organization that the main objective of the statutory regulation of nursing is the protection of the public. If you have legal questions, please speak with a licensed attorney in your area. Ethical dilemmas in the healthcare setting can spark heated debates among staff, patients and patients' families. Written by: Jagg Xaxx. The reality is that law is now fundamental to the study of nursing and underpins your relationship with the profession and with your patients. Firstly, because I am the author … rest on the agreed core concepts of nursing, namely: person, culture, care, health, healing, environment and nursing itself ” (p. 16). Not every patient is going to be the exact same, but you can secure an overall idea about what is normal, and for that reason normal for the person. Functions of Law in Nursing The law serves a number of functions in nursing which are to: – Provides a framework for establishing which nursing actions in the care of clients are legal – Differentiates the nurses’ responsibilities from those of other health professionals – Helps establish the boundaries of independent nursing action NurseGuidance.com is a place where nurses offer helpful videos and articles with advice to other nurses. (Berman and Synder, 2012) Torts: Torts are civil laws that address the legal rights of patients and the responsibilities of the nurse in the nurse patient relationship. Therefore, laws should guide and control nursing career practices to safeguard both employees and patients. Practitioners can appeal the results of a disciplinary hearing to the first level of courts in that jurisdiction and from there to the mid-level and highest level appeals courts. Show More. Legal codes or laws are rules established by our government. This third segment focuses on nursing licensure and what it means for healthcare. Importance of Ethics in Nursing; Importance of Ethics in Nursing. Nursing Amendment Act 10 of 2018 (GG 6703) came into force on date of publication: 6 September 2018. Professional nursing standards are also used to provide a framework for developing clinical competency checklists or proficiency evaluations for a specific clinical unit or employer. This article examines the reasons and techniques for accurate and complete documentation in a medical record. Areas of potential liability innursing NURSING LIAbILITy IS USUALLyINvOLvED wITh TORT LAw. IT IS ImPORTANT FOR A NURSE TOkNOw ThE DIFFERENCES bETwEENmALPRACTICE (UNINTENTIONALTORTS) AND INTENTIONAL TORTS. Nursing; A Fine Profession Complex structures, such as skyscrapers, contain many flights of stairs with lower levels providing important foundations for sequential floors, but at the same time including a vast profession of their own. If you have been hired under a contract of employment or an employment agreement, for example, your position is governed by that contract. The rule of law means that there are clear, understandable rules that everyone has to follow – citizens, governments and businesses. Focus topic: Legal Aspects of Nursing —mandatory licensure required in order to practice nursing. Thomas Northcut/Digital Vision/Getty Images. See Aristotle, Politics, Book 3-Chapter 16. You’ve successfully completed your nursing program and begin planning your celebration. Primary, Secondary and Tertiary) behave as if they are above the law and carry out nursing care as they deem fit. It is important for nurses to treat a patient's physical ailments as well as his or her emotional needs. You know you’re almost a Registered Nurse when … 1. Nursing may include checkups and revealing of personal information. Law in mental health nursing. Caring and nursing have always been thought of synonymously. https://www.youtube.com/watch?v=CD7dqj1iPwQ. In addition, the law governs the activity of business associates such as third-party administrators, pharmacy benefit managers for health plans, billing and transcription companies, and professionals performing legal, accounting, or administrative work. An important aspect of this is ensuring that patients have adequate information to manage aspects of the treatment plan themselves or with help from their families. Administrative law refers to the rules and regulations that state or federal agencies develop and issue as part of their oversight or regulatory authority in a specific area of expertise (e.g., accounting, law, architecture, pharmacy.) Most of the time, these types of law operate indirectly, behind the scenes, and many nurses are unaware of them until something brings one or more of them to the surface. As important as the law appears to be in nursing practice, experience in Nigeria has shown that nurses in the health care institutions (i.e. Gruber M, Gruber JM. To provide for the establishment and constitution of a … One of the earliest and most important nursing roles I experienced during my clinical rotations was that of patient advocate. The rule of law has no simple definition, but in its essence, it’s a concept that means no one is above the law. it is important for a nurse toknow the differences betweenmalpractice (unintentionaltorts) and intentional torts. superior-inferior relationship). These laws spell out a framework for the board or agency and grant them the authority to do what they do. It is an organization that concentrates solely on helping provide nursing home patients and their families the legal help they need. Here are situations nurses face almost every day: Obtain informed consent. Courts issue rulings on challenges to board or agency rules, disciplinary actions, the constitutionality of statutes and in civil and criminal cases. There are four key sources of law that affect nursing practice – Constitutional, statutory, administrative and case law. Ethics is relevant to clinical, practice-based issues and affects all areas of the professional nursing role. Over the last 200 years, nursing has grown from an untrained job to a highly educated and respected profession. Published On: January 05, 2018. IMPORTANCE OF ETHICS IN NURSING. Communication skills are a necessary tool in the practice of nursing. There are many books on law and ethics in nursing and health care. There are regularly changing provisions within the Affordable Care Act, other federal healthcare requirements, state laws and regulations, CMS Conditions of Participation, Joint Commission Standards, and other accreditation requirements. NR 103 The Importance of Caring in the Nursing Profession. We'll go over law, jurisprudence, incompetence, liability, negligence, and malpractice. Nursing Act 8 of 2004 (GG 3249) brought into force on . She retired from the U.S. Army in 2015 as a Lieutenant Colonel. Surprisingly, contract law is an important aspect of nursing practice. (“BJ”) Strickland is from Tennessee. It’s important that nurses have a clear and comprehensive understanding of ethical and legal codes within their career. This law requires all nurses to immediately report any suspected or known neglect, abuse, or exploitation of any patient (adult or minor) encountered in the professional setting. On the first day of my gerontology clinical rotation in an assisted living facility, I met 98-year-old Mrs. K. She seemed happy to have someone spend time with her and told me all about her family and daily life. Why is it necessary for you to study law and ethics when you want to devote your time to the study of nursing and caring for patients? Beth J. 1 October 2004 by GN 213/2004 (GG 3291) as amended by . nursing, health and human rights. Why Is Caring an Important Part of Nursing? If an individual makes an official complaint about the care they received then the nursing records that are kept are the only proof that the members of the multidisciplinary team have fulfilled their duty of care to the patient. Volume 3/Issue 3 October 2012 www.journalofnursingregulation.com 37 The first nurse registration law, enacted in 1903 in North Carolina, was written to do just that—protect the title of nurse and improve the practice of nursing. All nurses should have respect for their patients, protect their rights and maintain dignity. Ethics is important in nursing because it sets forth a series of actions and decisions that are in the best interests of a patient and dictate what must be done. A place where registered nurses and nurse practitioners offer helpful videos and articles and advice to other nurses. Ethics is important in nursing because it sets forth a series of actions and decisions that are in the best interests of a patient and dictate what must be done. Importance of Written Communication in Nursing. Ethics are a fundamental part of nursing. It is important to clearly distinguish between law, ethics and morality. Required fields are marked *. First, state and territorial legislatures enact laws that direct the executive branch to set up boards or agencies to oversee specific areas that need regulating. Statutory law comes directly from constitutional law. Laws communicate what is … Education and guides like The Code help them navigate murky waters in which the right thing to do is not always clear. To establish whether the law is important in mental health nursing, the specific areas which will be discussed are the code of patient right, patient advocacy and it will conclude with a summary of the discussion. Federal laws such as the Patient Self-Determination Act, the Americans with Disabilities Act and HIPAA (the Health Insurance Portability and Accountability Act), to name a few, are laws that have affected how nurses practice in the last twenty or more years.