The legal responsibilities of nurses in

Society has become adept at using computers, cell phones, Facebook, and Twitter for exchange of information. The law does not, however, specify who may collect urine or breath samples for alcohol or drug testing. Silver Spring, MD: Author. Generally, the law imposes a duty of care on a health care practitioner in situations where it is "reasonably foreseeable" that the practitioner might cause harm to patients through their actions or omissions.

The legal responsibilities of nurses in

In addition, as long as no force is used, it is also highly unlikely that a nurse who collects a sample from a suspect who does not consent will be subject to federal civil rights liability. For instance, in one case, a suspect who was ill with pneumonia had a blood test performed at a hospital after he was arrested for driving under the influence. Physicians were allowed to write the prescription only after forty-eight hours following the third request. With an increasingly aging population, these regulations are important, especially because a condition of payment for services by Medicare and Medicaid requires adherence to the Compliance Program Guidelines. In short, a nurse who accepts an employment such undertakes to hold him or herself responsible for the performance or execution of every nursing care and procedures. It generally provides guidance for health care providers concerning the patients wishes concerning consent or refusal for care. In other words, did the nurse commit an act or omission in the act of taking care of the patient and did that act or omission result in harm to the patient?

Finally, a nurse should not refuse a physicians order unless she is absolutely certain that the patients health will not be further jeopardized by refusing the order.

Therefore, it is important to be aware that a HIPAA-compliant authorization must be obtained for any exchange of health care information.

responsibility in nursing

Guidelines and hospital policies and procedures are more specific but may change from year to year. Promptly report abnormal assessments, including laboratory data, and document what was reported and any follow-up. In such an instance, no more than three samples can be taken against the will of a person during the five-hour period immediately following the arrest.

The ANA supports a nurses decision to reject an assignment in these situations, even when a nurse is not afforded specific legal or contractual protection for rejecting the assignment. What is the Privacy Act? Ask that you not be assigned to those tasks that offend your conscience.

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Chapter 6 Nursing Responsibility and the Law