Deck 11: Legal Aspects of Nursing Practice

Question 1

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:

A) differs because the APRN license is granted state by state.
B) does not exist for advanced practice nurses.
C) is exactly the same for both types of nurses.
D) varies depending on the region of practice.

Answer 1

is exactly the same for both types of nurses.

Question 2

A nurse is surprised to find that states have police power or, laws controlling licensure, over nursing.A colleague explains this means :

A) all nursing actions are under scrutiny by the states.
B) nurses do not have any rights unless given by the state.
C) state police are in charge of nursing investigations.
D) states can use their power to protect their citizens.

Answer 2

states can use their power to protect their citizens.

Question 3

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

A) "I have to know the nursing laws of both states."
B) "It's hard to remember which license to carry."
C) "Taking two licensure exams was pretty tough."
D) "Telehealth nursing isn't allowed in Compact states."

Answer 3

"I have to know the nursing laws of both states."

Question 4

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:

A) be sure security is available to apply restraints.
B) get orders from the physician for a sedative.
C) move the patient away from other patients.
D) try other methods to keep the patient safe.

Question 5

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:

A) are always looking for ways to increase their scope of practice without need."
B) control access, standards, and discipline, which gives them too much power."
C) create their own standards for entry into the profession without any oversight."
D) should practice under the auspices of physicians but fight to be independent."

Question 6

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?

A) "A court of law will uphold your written contract, not verbal promises."
B) "It doesn't matter how long you have worked here; the rules apply equally."
C) "Unit management does not have the authority to allow these alterations."
D) "You should not have been fired; I would suggest getting a lawyer."

Question 7

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.

A) common
B) contract
C) private
D) tort

Question 8

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:

A) being fined or sentenced to prison.
B) having to compensate the patient.
C) mandatory community service hours.
D) suspension of the nursing license.

Question 9

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:

A) addiction is not covered under the Americans with Disabilities Act (ADA).
B) nurses are succumbing to drug addiction with increasing frequency.
C) these nurses have not been compliant with their drug rehabilitation.
D) the state board is increasing typical sanctions for drug dependency.

Question 10

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,

A) "Check to see if that state is in our Compact."
B) "See if that state will just give you a license."
C) "There's no way around it; you have to take it."
D) "You won't have to take another test."

Question 11

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

A) administrative
B) constitutional
C) contract
D) tort

Question 12

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

A) check for national standards regarding the practice under question.
B) determine whether other professional groups would help implement it.
C) find a state senator who will sponsor and support the proposed bill.
D) hire a lobbyist to represent the nurse's opinion in the legislature.

Question 13

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:

A) discuss the patient's wishes.
B) finish the procedure quickly.
C) stop the procedure immediately.
D) tell the patient that the procedure is almost done.

Question 14

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

A) a lawsuit charging nursing malpractice has been filed, and the nurse is being sued.
B) someone filed a motion with the state board requesting a license revocation hearing.
C) the board of nursing has cause to believe the nurse violated the state practice law.
D) the nurse has been charged with a civil or criminal offense and must appear in court.

Question 15

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?

A) Ask the unit management for a raise, because the nurse is not a union member.
B) Consult with the union to determine whether individualized raises are possible.
C) Join the union before approaching management with a request for a raise.
D) Request a meeting with union and floor management to discuss the raise.

Question 16

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 :

A) ask that the questions be reworded for comprehension.
B) be cautious and not answer questions about medical care.
C) request a break to get something to eat or drink.
D) try his or her best to answer all of the questions honestly.

Question 17

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

A) common
B) private
C) public
D) statutory

Question 18

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:

A) malpractice occurred because the patient had emotional distress.
B) malpractice occurred because the nurse didn't follow the policy.
C) no malpractice occurred because most nurses don't verify insulin.
D) no malpractice occurred because there were no actual damages.

Question 19

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

A) enforceable.
B) express.
C) implied.
D) promissory.

Question 20

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?

A) Devise a plan ensuring delegated tasks are completed and evaluated.
B) Remind the assistant that he or she carries the responsibility for these tasks.
C) Report the situation to the manager and request an assignment change.
D) Stop delegating and perform all the nursing actions him- or herself.

Question 21

A patient is having an operation in the morning.During the nurse's shift, the patient asks several questions that lead the nurse to determine that the patient does not understand the procedure.The best action by the nurse is to:

A) call the surgeon to come back and explain the procedure.
B) pass this information on to the day shift in shift report.
C) reassure the patient that he or she understood the operation correctly earlier.
D) try to explain the operation so that the patient understands.

Question 22

A nurse is explaining to some co-workers that the basic premise behind the confidentiality section of the Health Insurance Portability and Accountability Act (HIPAA)is that:

A) health information belongs to the patient.
B) it is unethical to disclose health records.
C) minor transgressions are not the real issue.
D) only electronic patient records are protected.

Question 23

Several nurses are discussing a patient and family in the cafeteria.The best response by one of the nurses to this discussion is:

A) "Let's discuss this once we get back to the nurses' station."
B) "Shh! The patient's family might be in the cafeteria now."
C) "This is confidential information and shouldn't be discussed."
D) "We should really keep our voices down, so others can't hear us."

Question 24

A faculty member is explaining to the senior nursing class that to become licensed, applicants must: (Select all that apply.)

A) demonstrate good moral character.
B) graduate from an approved program.
C) maintain a certain grade point average.
D) pass the standard licensure examination.

Question 25

A physician asks a nurse to witness a consent form the patient has already signed, even though the nurse did not see the patient sign the form.The best action by the nurse is to:

A) ask the patient if the signature on the form is his or hers.
B) refuse because the nurse did not witness the signing.
C) tell the physician the consent cannot be witnessed now.
D) write "consent procedure witnessed" on the consent.

Question 26

A patient walked into an emergency department (ED)and then collapsed before checking in.The priority action by the nurse is to:

A) check the patient's wallet for identification.
B) get consent when the patient wakes up.
C) check to see whether the patient has any family nearby.
D) treat the patient first because consent is implied.

Question 27

A staff development nurse is orienting several new employees to the facility.The nurse explains that any good compliance program: (Select all that apply.)

A) functions to identify and correct potential concerns.
B) ensures a confidential way for staff to report violations.
C) promotes conformity to the facility's legal requirements.
D) protects staff from retaliation for good-faith reports.
E) works to ensure that union negotiations become public knowledge.

Question 28

A faculty member explains to students that laws regulating state nursing licensure incorporate which actions? (Select all that apply.)

A) Disciplining licensees
B) Entry into the profession
C) Establishing curricula
D) Handling nurse imposters
E) Safeguarding nurses' rights