Fundamentals · chapter 16 · Legal and Ethical Considerations
Legal Dimensions of Care
The 14 things this section of the textbook says that you are most likely to be asked about — quoted word for word, not retold. Then 5 practice questions with the reasoning.
Key points
Nursing legal accountability
Nurses are bound to work within laws established nationally and locally, by agencies and professional associations and by state boards of nursing (SBONs).
Nurse role in consent
However, the process often includes nurses, particularly as witness to the signature and to confirm that informed consent was obtained prior to beginning procedures or interventions. The nurse holds the responsibility of ensuring the person signing the consent is of legal age, competent, and voluntarily providing informed consent.
Consent liability
Nurses can be held legally liable if they know appropriate consent has not been obtained and do not inform supervisors or providers (Rich, 2023).
Consent and battery
Not getting informed consent from a patient is considered negligence (breach of duty). Further, performing procedures on patients without consent may be considered battery.
Emergency consent exception
The exception to the informed consent requirement is emergency situations, when implied consent is assumed (Weiss et al., 2019).
State regulation of practice
Legal regulation of nursing practice occurs at a state level, via SBONs. These SBONs set standards and expectations of nursing practice for the state and strategies to decide when correct care has been provided (Boehning Haddad, 2022).
NPA scope of practice
The NPAs also define the specific activities that different types of nurses are allowed to perform, scopes of practice, nursing school standards, licensure processes, causes of disciplinary actions, and the legal rights nurses have if complaints are filed against them (Boehning Haddad, 2022).
Standards of practice
Individual nurses have a responsibility to meet the standards of practice for their agency and state.
SBON licensing responsibility
State boards of nursing are fully responsible for providing and managing nursing licenses (Boehning Haddad, 2022). They set fees and ensure applicants for licensure have completed the requisite education and board testing.
Multistate license compliance
Nurses holding a multistate compact license must adhere to the rules and regulations of the respective state in which they are practicing at any given time.
Good Samaritan protection
These laws protect healthcare professionals from civil liability in emergency situations as long as they are acting in a way that is expected, reasonable, and prudent for someone with the same background.
OSHA healthcare regulations
OSHA sets regulations for healthcare facilities to follow to protect workers. Their regulations for nursing include topics as wide ranging as workplace violence, safe patient handling, infectious diseases, chemical and pharmaceutical hazards, and enforcement standards.
Mandatory abuse reporting
A nurse is a mandated reporter, an individual required by law to report suspected or known abuse against children, older adults, people with disabilities, and between intimate partners.
Duty to report
The specifics of where and how to report vary by state; however, all nurses have a legal and ethical responsibility to report suspected abuse (Carlson, 2024).
Terms to know
- laws
- Formal rules, or laws, for conduct—professional, political, social, or otherwise—govern behavior and are created and sanctioned by various governing bodies, such as Congress and states.
- informed consent
- A requirement that healthcare providers must inform a patient or their surrogate of the potential benefits, risks, and alternative treatments for a procedure or treatment that is being offered is called informed consent (Weiss et al., 2019).
- credentialing
- A process that agencies use to ensure that their clinical staff (all healthcare professionals) meet the necessary and legal criteria to practice is called credentialing.
- Accreditation
- Accreditation means that a school is teaching a curriculum that meets state and national standards of nursing education (Gaines, 2023).
- certification
- A certification allows healthcare practitioners to become specialized in one or more subjects as subject-matter experts (edX.org, 2023).
- mandated reporter
- A nurse is a mandated reporter, an individual required by law to report suspected or known abuse against children, older adults, people with disabilities, and between intimate partners.
Practice questions
Stuck on select-all-that-apply? How to take them one option at a time.
The graded version needs JavaScript. Every question is below anyway, with the answer and why.
Every question here, with the answer
A patient scheduled for a procedure tells the nurse, “I signed the consent form, but I still do not understand the risks or alternatives.” What is the nurse’s best action?
- Ask a family member to sign an additional consent after the procedure begins.
- Explain the risks, benefits, and alternatives in detail and ask the patient to initial the form.
- Proceed because the signed consent form is already in the chart.
- Pause the procedure process and notify the provider or supervisor that appropriate consent may not have been obtained.
Answer: Pause the procedure process and notify the provider or supervisor that appropriate consent may not have been obtained.
The nurse should not provide the detailed risks, benefits, and alternatives because that is the provider’s responsibility. However, the nurse must advocate for the patient and notify the appropriate provider or supervisor if informed consent may not have been properly obtained.
A newly admitted patient asks what rights they have regarding health information and records. Which rights should the nurse include? Select all that apply.
- Privacy when their information is discussed between healthcare workers.
- Access to their medical records.
- Confidentiality of communications and records.
- Disclosure of patient information without appropriate consent whenever staff request it.
- Automatic access for any family member to review their medical record.
Answer: Privacy when their information is discussed between healthcare workers., Access to their medical records., Confidentiality of communications and records.
The Patients’ Bill of Rights includes privacy during discussions between healthcare workers, confidentiality of communications and records, and access to medical records. The section does not state that any family member has automatic access, and it emphasizes privacy and confidentiality rather than unrestricted disclosure.
A nurse with a multistate compact license accepts an assignment in another participating state. Which statement reflects the nurse’s legal responsibility while practicing there?
- The nurse follows only the regulations of the state where the original license was issued.
- The nurse follows the rules and regulations of the state in which they are practicing at that time.
- The nurse is exempt from state board of nursing regulation while working under the compact.
- The nurse may use one set of rules for all participating states because the compact replaces state regulations.
Answer: The nurse follows the rules and regulations of the state in which they are practicing at that time.
The Nurse Licensure Compact allows practice in multiple participating states, but it does not remove the nurse’s responsibility to follow the laws where care is being provided. The nurse must know the specific participating states and their regulations.
During an assessment of an older adult patient, which findings should make the nurse monitor for possible abuse? Select all that apply.
- The patient has unexplained wounds, bruises, or scars.
- The patient has an advanced directive in the medical record.
- The patient does not have necessary assistive items, such as eyeglasses or mobility devices.
- The patient is withdrawn, violent, or agitated.
- The patient has poor personal hygiene and dirty clothing.
Answer: The patient has unexplained wounds, bruises, or scars., The patient does not have necessary assistive items, such as eyeglasses or mobility devices., The patient is withdrawn, violent, or agitated., The patient has poor personal hygiene and dirty clothing.
The section identifies withdrawal, agitation, unexplained injuries, poor hygiene or dirty clothing, and missing assistive items as signs and symptoms that may indicate abuse of an older adult. Having an advanced directive is listed as a patient right, not a sign of abuse.
An off-duty nurse stops to assist at the scene of an emergency and is concerned about civil liability. Which action is most consistent with Good Samaritan law protections described in the section?
- Providing care only if the emergency occurs inside the nurse’s employing facility.
- Ignoring usual standards because Good Samaritan laws protect all actions during emergencies.
- Accepting payment from the person receiving emergency assistance.
- Providing assistance in an expected, reasonable, and prudent way for someone with the nurse’s background.
Answer: Providing assistance in an expected, reasonable, and prudent way for someone with the nurse’s background.
Good Samaritan laws are described as protecting healthcare professionals from civil liability in emergency situations when they act as expected, reasonable, and prudent for someone with the same background. The protection is not described as depending on payment or the location being the nurse’s workplace, and it does not cover all actions regardless of conduct.
Where every quote comes from
Section 16.3 Legal Dimensions of Care of Fundamentals of Nursing by Christy Bowen, Lindsay Draper, Heather Moore, OpenStax, 2024. Read the whole section free at openstax.org.
The textbook is licensed under CC BY-NC-SA 4.0. This page quotes it word for word and adds the headings, the order and the practice questions; references to the book's figures and stray spaces left by its formatting are removed. The page is shared under the same licence. Nothing here is sold.