Introduction

1. Introduction • http://www.youtube.com/watch?v=serV18MirGg • Quote for the Day: • Get involved...  The world is run by those who show up!"

2. Legal and Ethical Issues in Maternal/Newborn and Women’s Health Developed by D. Ann Currie,R.N.,M.S.N. 2012

3. LEGAL CONSIDERATIONS • GENERAL LEGAL CONCEPTS • ARENAS FOR CONSIDERATION • LITIGATION • RISK MANAGEMENT • QUALITY ASSURANCE • DOCUMENTATION • CLINCAL EXAMPLES OF COMMON LEGAL ISSUES

4. GENERAL LEGAL CONCEPTS • LAW CAN BE DEFINED AS”THOSE RULES MADE BY HUMANS WHICH REGULATE SOCIAL CONDUCT IN A FORMALLY PRESCRIBED AND LEGALLY BINDING MANNER.”(BERNZWEIG)

5. FUNCTIONS OF THE LAW IN NURSING • THE LAW SERVES A NUMBER OF FUNCTIONS IN NURSING: • IT PROVIDES A FRAMEWORK FOR ESTABLISHING WHICH NURSING ACTIONS IN THE CARE OF THE CLIENTS ARE LEGAL • IT DIFFERENTIATES THE NURSE’SRESPONSIBILITIES FROM THOSE OF OTHER HEALTH PROFESSIONAL

6. CONT. FUNCTIONS • IT HELPS ESTABLISH THE BOUNDARIES OF INDEPENDENT NURSING ACTION. • IT ASSISTS IN MAINTAINING A STANDARD OF NURSING PRACTICE BY MAKING NURSES ACCOUNTABLE UNDER THE LAW.

7. SOURCES OF LAW • CONSTITUTION • LEGISLATION (STATUTES) • COMMON LAW

8. TYPES OF LAWS • PUBLIC LAW- CRIMINAL LAW • PRIVATE LAW-CIVIL LAW • CONTRACT LAW • TORT LAW

9. ARENAS OF LEGAL CONSIDERATION • PERSONAL PROFESSIONAL PRACTICE • CLIENT CARE AND ADVOCACY

10. LEGAL CONSIDERATIONS IN PERSONAL PROFESSIONAL PRACTICE • SCOPE OF PRACTICE • STANDARDS OF CARE • LICENSURE • COLLECTIVE BARGAINING

11. SCOPE OF PRACTICE • THE NURSE PRACTICE ACT---- • BROAD DEFINITION OF PERMISSIBLE BOUNDARIES OF PRACTICE WITHIN A STATE. • DISTINGUISHES NURSING PRACTICE FROM THE PRACTICE OF OTHER HEALTH PROFESSIONALS

12. SCOPE OF PRACTICE • EXCLUDES UNTRAINED OR UNLICENSED INDIVIDUALS FROM PRACTICING NURSING. • RULES AND REGULATIONS PROMULGATED BY STATE BOARDS OF NURSING PROVIDE OFFICIAL INTERPRETATION OF NURSING ACTS.

13. SCOPE OF PRACTICE • CORRECT INTERPRETATION AND UNDERSTANDING OF STATE PRACTICE ACTS ENABLES THE NURSE: TO PROVIDE SAFE CARE WITHIN THE LIMITS OF NURSING PRACTICE AND TO AVOID THE RISK OF BEING ACCUSED OF PRACTICING MEDICINE WITHOUT A LICENSE • READ AND KNOW THE NURSE PRACTICE ACT ****.

14. STANDARDS OF CARE • DEFINITION: • MINIMUM CRITERIA FOR COMPETENT,PROFICIENT DELIVERY OF NURSING CARE. • USED TO EVALUATE THE QUALITY OF CARE PROVIDED • FORMULATED FROM SKILLS AND KNOWLEDGE COMMONLY POSSESSED BY MEMBERS OF

15. CONT. • A PROFESSION….NURSES. • IDENTIFY HEALTH,DEMOGRAPHIC,ENIRONMENTAL,AND PSYCHOSOCIAL PARAMETERS OF CARE • REFLECTS CURRENT KNOWLEDGE IN THE FIELD,AND,THEREFORE,ARE DYNAMIC AND SUBJECT TO CHANGE.

16. USES OF STANDARDS OF CARE • CRITERION FOR DETERMINING IF A NURSE HAS VIOLATED THE STATE -NURSE PRACTICE ACT. • CRITERION FOR DETERMINING IF A NURSE HAS VIOLATED STATE OR CITY CRIMINAL CODES • CRITERION ELEVATING NURSING PRACTICE TO A PROFESSIONAL LEVEL.

17. INTERNAL STANDARDS OF CARE • INDIVDUAL • INSTITUTIONAL • SET BY ROLE AND EDUCATION OF THE NURSE: JOB DESCRIPTION,EDUCATION,AND EXPERTISE • SET BY INDIVIDUAL INSTITUTIONS: POLICIES AND PROCEDURES.

18. EXTERNAL OR NATIONAL STANDARDS OF CARE • EXTERNAL BECAUSE THEY SUPERCEDE INDIVIDUAL PRACTITIONERS AND INSTITUTIONS. • BROADER THAN LOCALITY RULES: STANDARDS OF CARE VEIWED FROM THE PERSPECTIVE OF CARE WITHIN A GEOGRAPHIC AREA.

19. CONT. EXTERNAL STANDARDS OF CARE • BASED ON REASONABLENESS AND AVERAGE DEGREE OF SKILL,CARE, AND DILIGENCE PRACTICED BY MEMBERS OF THE PROFESSION ACROSS THE NATION. • NURSES IN A VARIETY OF SETTINGS AND LOCALS MUST MEET THE SAME STANDARDS: HOMES,BIRTHING CENTERS,HOSPITALS ETC.

20. CONT. ETERNAL STANDARDS OF CARE • STANDARDS ESTABLISHED BY: • STATE BOARDS OF NURSING THROUGH NURSE PRACTCE ACTS OR PROMULGATED RULES AND REGULATIONS. • PROFESSIOAL ORGANIZATIONS: ANA,ICN,OR CONGRESS FOR NURSING PRACTICE.

21. CONT. EXTERNAL STANDARDS OF CARE • SPECIALITY NURSING ORGANIZATIONS:AWHONN,NANN, ACNM. • FEDERAL ORGANIZATIONS AND GUIDELINE: JCAHO AND MEDICARE RULES.

22. STANDARD OF CARE NEGLIGENCE AND MALPRACTICE • NEGLIGENCE- IT IS OMITTING AN ACT OR DEVIATION FROM THE STANDARD OF CARE THAT A REASONABLY PRUDENT PERSON WOULD NOT OMIT OR COMMIT UNDER SIMILAR CIRCUMSTANCES. • MALPRACTICE- IT IS A NEGLIGENT ACTION OF A PROFESSIONAL

23. ELEMENTS OF NEGLIGENCE • THERE WAS A DUTY TO PROVIDE CARE. • THE DUTY WAS BREACHED. • INJURY OCCURRED. • THE BREACH OF DUTY CAUSED INJURY

24. EXAMPLES OF NEGLIGENCE • EXAMPLES OF OMISSION: FAILING TO GIVE A MEDICATION, FAILING TO ASSESS PROPERLY,FAILING TO NOTIFY A PHYSICIAN OF A CHANGE IN A CLIENT”S CONDITION OR STAUS. • EXAMPLES OF COMMISSION:GIVING WRONG MEDICATION OR TO WRONG CLIENT

25. CONT. • PLACING INFANT IN WRONG CRIB OR GIVING INFANT TO WRONG MOTHER.

26. CONT. • NURSES NOT MEETING APPROPRIATE STANDARDS OF CARE COULD BE SUBJECT TO ALEGATIONS OF NEGLIGENCE OR MALPRACTICE.

27. NURSE’S RESPONSILITY IN PREVENTING NEGLIGENCE AND MALPRACTICE • OBTAIN AND MAINTAIN CURRENT INFORMATION REGARDING THE STATE NURSE PRACTICE ACT- GET A COPY AND READ IT AND KNOW IT..READ PUBLICATION FROM THE STATE (BON), VISIT WEB SITE FOR BNE INFORMATION AND ATTEND BNE WORKSHOPS.

28. CONT. NURSE RESPONSIBLITY • OBTAIN AND MAINTAIN CURRENT INFORMATION ON INTERNAL AND EXTERNAL STANDARDS OF PRACTICE, • SEEK CONTINUING EDUCATION TO REMAIN CURRENT IN SPECALITY AREAS • USE THE NURSING PROCESS WHEN GIVING CLIENT CARE.

29. CONT. NURSE’S RESPONSIBILITY • DEVELOPE A POSITIVE, EMPOWERING RELATIONSHIP WITH CLIENTS---SEE CLIENTS AS AN IMPORTANT MEMBER OF THE HEALTH TEAM. • BE THROUGH IN COMPLETING AND REPORTING ASSESSMENTS AND IMPLEMENTING CARE.

30. CONT NURSE’S RESPONSIBLITY • MAINTAIN CLEAR, CONCISE, ACCURATE, COMPLETE, AND LEDGIBLE DOCUMENTATION. • QUESTION APPROPRIATENESS OF CARE WHEN HARM CAN BE DONE TO CLIENT. • CHECK MEDICAL ORDERS FREQUENTLY. • USE CHAIN OF COMMAND.

31. LEGAL CONSIDERATIONS FOR CLIENT CARE • HEALTHCARE REFORM • MANAGED CARE • SHORTENED HOSPITAL STAYS • UNLICENSED ASSISTIVE PERSONNNEL(UAP) • NURSE’S ROLE AS CLIENT ADVOCATE.

32. Healthcare reform • The USA leads the world in healthcare spending, yet has one of the highest infant mortality rates among the industrialized nations…….. • One of the primary factors related to infant mortality(deaths under one year of age per 1000 live births) is an increase in the delivery of low birth weight infants, which is linked to lack of prenatal care.

33. Healthcare Reform • Barriers to access to prenatal care • 1) Costs of health care • 2) Limited financial resources • 3)Uncoordinated service systems • 4) Individual behaviors and beliefs concerning health care • 5)Bureaucratic obstacles, such as complicated, lengthy forms for Medicaid

34. HEALTHCARE REFORM • Barriers to prenatal care • 6) Unavailability of maternal services in certain parts of the country • 7) Underfunded and overcrowded publicly supervised clinics • 8) Difficulty in recruiting and retaining healthcare providers in publicly subsidized clinics

35. Healthcare reform • Barriers to prenatal care • 9) Lack of coordinated services for needy individuals • 10) Inaccessibility to prenatal services because of transportation, location, and lack of child care facilities. • 11) Other….

36. HEALTHCARE REFORM • Federal and state governments, through policies and legislation, have begun to implement strategies to resolve these barriers by: • 1) Broadening health insurance coverage for childbearing women and infants • 2) Improving coordination and funding of public programs

37. Healthcare Reforms • 3) Simplifying bureaucratic procedures • 4) Increasing the number of maternity care providers • 5) Establishing a national council on children and health • 6) Raising public awareness throughout the country • 7) Other…..

38. HEALTHCARE REFORM • NEED TO CONTINUE to seek reform to further control costs, improve access to healthcare, and improve quality of healthcare

39. MANAGED CARE • Private sector solution for decreasing healthcare costs • 1) Health insurance plans that combine: delivery of healthcare services, financing of those services, controlling the use of services. • 2) Philosophy of managed care organizations includes:

40. Managed Care • Cont. Health promotion and disease prevention, desire to avoid serious disease and costly treatment services • 3)To meet expenses and make a reasonable profits • 4) Creates a climate in which providers have: little time and few resources with which to provide care and financial

41. MANAGED CARE • CONT. -DISINCENTIVES FOR PROVIDERS TO GIVE ADEQUATE SERVICES TO THEIR CLIENTS. • 5) CONSEQUENCES : FEWER EXPENSIVE TESTS OR COSTLY PROCEDURS PERFORMED, SHORTENED HOSPITAL STAYS AND INCREASED USE OF UNLICENSED HEALTHCARE WORKERS.

42. SHORTENED HOSPITAL STAYS • During the early to mid-1990 hospital stays after birth were shortened to 24 hours or less…. • Consequently, there was not enough time for maternal and parental teaching regarding self care and infant care- problems in infant care and health developed, breast-feeding problems, and self care problems in the mothers.

43. SHORTENED HOSPITAL STAYS • Several states passed laws requiring longer stays for maternity and neonatal clients.. • U.S. Congress passed Senate Bill 969, the Newborns’ and Mothers’ Protection Act of 1996:1) Set a national standard requiring health insurance and employer-provided benefit plans to cover minimum hospital stay: 48hrs-vaginal delivery,

44. SHORTENED HOSPITAL STAYS • 96 hrs for c/s, early discharge with home health care..within 24-72 hrs of discharge. • 2) Even with federal law mandating a longer postpartum stay, nurses are still responsible for: verbal and written instructions about infant and self-care, and s/s indicating problems and what to do, and f/u visit. • In Texas nurses must teach about PP depression

45. SHORTENED HOSPITAL STAYS • Cont. evaluation of parents’ learning, recommending timely follow-up care, incliding a home visit,whenmom seems at risk after a longer stay.

46. UNLICENSED ASSISTIVE PERSONNEL (UAP) • UAPs are healthcare workers who have no defined body of knowledge or educational preparation upon which to base their practice • Uncreditentialed • No state or federal regulatory body to validate their competence

47. UAPS • Nurses are responsible for the delegation of tasks to UAPs…see Texas BON guidelines for delegation . • UAPs can perform repetitive tasks…which are clearly defined and for which they have been trained. • Nurses should obtain information on UAPs’ training and skills prior to delegating tasks.

48. UAPS • Inappropriate delegation to UAPs increases the nurse’s liability and may jeopardize the nurse’s license. • What should not be delegated to UAPs: Essential nursing processes of assessing,diagnosing of a problem, planning client care, implementing that care, and evaluating the outcomes.And judgements about client status.

49. NURSE’S ROLE AS CLIENT ADVOCATE • Maintain current information about issues critical to client care…. • Educate clients and other significant persons about such issues… • Become involved in the political process as an advocate for quality healthcare for all healthcare recipients. • Other…...

50. LITIGATION • Statues of limitations: • Maternal or Women Health Care Patients- • 2 years • Neonate/Infant- • Majority plus 2years- Texas Majority is 18years old plus 2year= 20 years