Question 1

A nurse has delegated some tasks to the unlicensed nursing assistant.At the end of the shift,the nurse discovers that most of the tasks have not been done.Which action by the nurse would be best?

Accepted Answer

When delegating a task,the nurse must ensure that the task is completed and provide feedback,or an evaluation,afterward.This nurse should plan some way to remember to check that delegated tasks have been completed and evaluated,because the nurse remains ultimately responsible for the task.
The nurse (not the assistant)retains the legal responsibility for the tasks that are delegated.
Perhaps the nurse should report the situation to the manager,but doing so and requesting an assignment change do not provide the nurse an opportunity to use delegation appropriately.
Most nurses are very busy and need to delegate.This also does not get to the core of the question,which is that nurses retain responsibility for delegated tasks.

Question 2

A nurse works in a unionized hospital but has not joined the union.This nurse feels deserving of a raise for several exceptional acts during the past year.What action by the nurse would be best in this situation?

Accepted Answer

The union agreements cover a certain classification of employees included in the agreement and include wages,hours,and working conditions.If the nurse is not classified as exempt from the agreement,the nurse should check to see whether there are any "merit" raises available under the union contract.The nurse must bargain with the union because she or he cannot bargain individually with the employer.
The union agreements cover a certain classification of employees,whether or not they are individual members of the union.
A union covers a certain classification of employees even if they are not members.
This might be a good second step but only after the nurse determines whether merit raises are possible under the union contract.

Question 3

A nurse administered the wrong dose of insulin to an assigned patient after bypassing the facility policy to have insulin doses double checked.The patient's blood glucose level remained within normal limits afterward,and the physician was notified per protocol.The patient and family were extremely upset and demanded to be moved to another floor.Later,the patient filed a malpractice suit against the hospital.The nurse lawyer reviewing the case would conclude that

Accepted Answer

The four elements of malpractice are duty,breach of duty,causation,and damages.Because this patient did not have damages,as evidenced by normal blood glucose levels afterward,a case of malpractice would likely not prevail.
The four elements of malpractice are duty,breach of duty,causation,and damages.Emotional distress might be a type of nonpecuniary damage,but the patient would have to prove the nurse caused it.However,because there were no physical damages,it would be difficult to win a case based solely on emotional distress.
The four elements of malpractice are duty,breach of duty,causation,and damages.The nurse clearly breached the duty by not following policy to double check insulin.However,the patient did not suffer any damages,so a malpractice claim would likely not prevail.
The four elements of malpractice are duty,breach of duty,causation,and damages.Even if it is common practice to sidestep policy,the nurse still has the duty to follow it.However,the patient had no damages,so a case of malpractice would likely not prevail.

Question 4

A nurse is surprised to find that states have police power over nursing.A colleague explains this means

Accepted Answer

Based on the U.S.Constitution,states have "police power" that they use to protect their citizens' health,safety,and welfare.
The state board of nursing can scrutinize nursing actions,but the statement that "all nursing actions are under scrutiny" implies somehow that the state is monitoring every action.In reality,the states and regulatory agencies become involved only in specified situations.
Nurses,like all other individuals,have rights guaranteed them by both state and federal constitutions and various laws that have been enacted.
The state police are not in charge of investigations of nursing practice.

Question 5

A nurse is having a hearing before the state board of nursing for a possible misconduct occurrence.The nurse is worried about possible sanctions,which can include

Accepted Answer

A board action is taken only against the nurse's license and can include suspension or revocation.

Question 6

A nursing faculty member has signed a 2-year contract.This faculty member knows this type of contract is known as

Accepted Answer

A contract with terms spelled out in writing is known as an express contract.
An enforceable contract simply means that a contract meets all criteria to be valid.The contract the faculty member signed was most likely an enforceable one,but this answer is not specific enough.
An implied contract in one based solely on the conduct of the parties.
"Promissory" in the context of contracts refers to an agreement that creates a legal relationship and is not a specific type of contract.

Question 7

A nurse has been fired for refusing to work the designated number of weekend and holiday shifts each quarter.The nurse protests to the human resources department,saying that unit managers modified this requirement because this nurse has the most seniority on the floor and that therefore,they cannot fire him or her for this.Which statement by the human resources officer best explains the situation?

Accepted Answer

The parole evidence rule provides that if oral agreements are made in addition to written agreements,the court will not allow these to take precedence over the written agreement.Nurses should never rely on verbal agreements;they should get all employment contracts or changes to contracts in writing.
This may be a true statement at that facility,but this answer is not specific enough to explain the rationale.
Unit management may or may not have authority to make modifications to work agreements,but this answer is not specific enough to explain the situation.
Suggesting that the nurse get a lawyer does not provide any type of explanation of the situation.

Question 8

A nurse knows that patient rights would be protected by __________ law.

Accepted Answer

Constitutional law would affect nursing because it contains patients' and nurses' rights and responsibilities.
Administrative law would affect nursing because it involves the licensing and regulation of nursing practice.
Contract law is a type of private law and determines employer-employee relationships.
Tort law is a type of private law that is concerned with remedies for wrongs suffered because of the actions of one person on another person.

Question 9

A patient is constantly disrupting therapeutic medical devices,such as intravenous lines and catheters.The staff wants to restrain the patient.Before doing this,the best action by the nursing staff would be to

Accepted Answer

Before applying restraints,try less intrusive methods to keep the patient safe,such as calming music,a sitter,or covering medical devices so that the patient cannot see them.This will help avoid a lawsuit based on false imprisonment.
Nurses can apply restraints;security would only be needed in cases in which the patient was a danger to the nursing staff.
Sedatives are considered chemical restraints;the staff should first try less intrusive methods to keep the patient safe.
Moving the patient away from other patients would not be beneficial unless the staff thought that being near others made the patient more agitated.

Question 10

A nurse is performing a procedure on a patient,and the patient suddenly says,"I don't want you to do that anymore." The best action by the nurse is to

Accepted Answer

The nurse should stop the procedure immediately to avoid committing battery.
The nurse should discuss the patient's wishes but only after the procedure has been stopped.
Finishing the procedure despite the patient's wishes that the nurse stop could be considered battery.
Telling the patient the procedure is almost done and continuing would probably constitute battery.

Question 11

A nurse is considering becoming an advanced practice nurse (APRN).After studying practice requirements,the nurse concludes that for the RN and the APRN,licensure

Accepted Answer

There is no license for APRNs.An APRN must have an RN license and a certification to practice as an APRN in the state(s)he or she practices in.
APRNs need to obtain certification,not a license,in each state of practice.
Becoming an RN requires a license;an APRN is a certification.
Licensure exists for the RN;APRNs have certification.

Question 12

A nurse is interested in taking a second job in an adjoining state but does not want to take another licensure examination.A helpful co-worker correctly states,

Accepted Answer

Many states have enacted the Nurse Multi-State Licensure compact.Nurses in "Compact" states can practice in any state within the compact with a valid license from one of the states.
The state will not just issue a nursing license to someone who asks.
If the states both belong to the Nurse Multi-State Licensure compact,having a license in one state allows practice in any of the other Compact states without taking another exam.
This might be true but not unless the adjoining state belongs to the Compact.The nurse must check to find out.

Question 13

A nurse is testifying as a witness in a court case.The attorney has asked a series of questions that the nurse is having trouble understanding.The best action by the nurse is to

Accepted Answer

If a question is difficult to understand,the nurse should ask that it be reworded.Then he or she should restate it to make sure it is understood.
Nurses should not answer questions related to medical care;however,this option does not answer the question.
If the nurse is fatigued,taking a short break can be helpful,and the nurse should request it;however,this option did not answer the question.
Although it is always good to answer questions honestly,this option does not answer the question.

Question 14

A nurse lawyer explains to attendees at a legal conference that when judges decide cases that involve disputes between people in part based on laws determined in previous court cases,this creates or expands the area of law known as __________ law.

Accepted Answer

Common law helps maintain order in a society and assists in settling disputes.Common law is applied through the use of previous court cases and expands each time a judge makes a ruling.
Contract law is a type of private law.
Private law regulates relationships between individuals.
Tort law is a specific type of private law.

Question 15

A nurse is reading the state board of nursing's quarterly report and notes that several nurses have been disciplined for drug addiction or dependence.The nurse concludes that

Accepted Answer

Nurses who are in treatment for a protected disability such as drug addiction do not have a public record connected with that disability,so if these nurses have had disciplinary action taken that is reported in a public format,the nurse can conclude that they are not in compliance.
Drug addiction is covered under the ADA.
The numbers of nurses with drug addiction problems is not related directly to licensure actions.
The state board increasing typical sanctions for drug dependency would not be related to reporting licensure actions.

Question 16

A nurse wants to change a law that regulates nursing practice.Before proposing this change,the priority action by the nurse should be to

Accepted Answer

National standards and guidelines developed by professional organizations are very useful references for nurses proposing legal changes.This is the priority action.
Determining whether other groups would help implement it is not the priority action.First,the nurse should research national standards regarding the practice.
Having a sponsor is a great tool,but this is premature.The nurse should first ascertain if there are any relevant national standards.
A lobbyist would help the nurse's cause,but this is premature,because the bill has not yet been proposed.The nurse should first research national standards.

Question 17

A practicing nurse knows that laws passed by legislatures are known as __________ law.

Accepted Answer

Statutory law is created through the enactment of laws by a legislative body.
Common law is established by previous court decisions.
Private law is concerned with relationships between individuals and includes tort law and contract law.
Public law defines relationships between individuals and the government.This includes constitutional,administrative,and criminal law.

Question 18

A lay health care advocate claims that nursing practice exists in a situation of inherent conflict of interest and that there needs to be legally mandated changes to some practices.Which statement by the advocate would best support this claim? "Nurses

Accepted Answer

This is the basis of a conflict-of-interest fear.Nurses themselves control access to the profession,design their own standards of professional behavior,and discipline those whose actions fall outside the realm of acceptable practice.To allay that fear,nurses need to be vocal advocates for their patients and demonstrate the ability to perform these three functions with integrity.
Nurses have been expanding their scope of practice through specialties (e.g. ,wound care nursing)and advanced practice roles.However,when this has been done,nurses have been able to show a clear need for these services.
Nurses do create their own standards but do so in organizations or as individuals that use best practice guidelines and conduct research to show patient benefit.The public does have a voice,and in essence,oversight,because they can be involved in politics (voting)and give commentary to nursing organizations and boards of nursing.
Nursing does have dependent (physician-directed)activities along with independent activities,but as a profession,nursing should have autonomous control over its practice.

Question 19

A nurse has received a charging document.The nurse manager advises the nurse that this document means

Accepted Answer

A charging document is sent to a nurse when the state board of nursing has due cause to believe that the nurse has violated the state's nurse practice act.
A charging document does not indicate that a malpractice suit has been filed.
A charging document does not specifically indicate that the nurse is to have a hearing for possible license revocation,although license revocation is a possible sanction for violations of the state nurse practice act.
A charging document does not indicate that the nurse has been charged with a civil or criminal offense.

Question 20

A nurse who practices in two different Compact states describes one consideration to this system to a colleague,stating,

Accepted Answer

The nurse working in more than one Compact state is subject to the laws of each state in which he or she is practicing and so must know the laws of each.
One does not need to carry a nursing license to work.
The purpose of the Compact is to allow nurses who are licensed in one of the states to practice in each of the others within the Compact without taking another licensure exam.
The ability to do telehealth nursing is one reason Compact agreements are so beneficial.The nurse working in this field may have patients in several states.

Quiz 11: Legal Aspects of Nursing Practice