Nursing and the law : trends and issues / Kammie Monarch.

Format:

Book

Author/Creator:

Monarch, Kammie, 1961-

Language:

English

Subjects (All):

Nursing--Law and legislation--United States.

Nursing.

Nursing--Law and legislation.

United States.

Legislation, Nursing.

Medical Subjects:

Legislation, Nursing.

United States.

Physical Description:

xxi, 314 pages : map ; 26 cm

Other Title:

Nursing & the law

Place of Publication:

Washington, D.C. : American Nurses Association, [2002]

Contents:

1. The U.S. Legal System 1

The U.S. Constitution 1

Federal Law 3

State Law 6

Pursuing Health Care-Related Claims 7

2. The Nurse as a Regulated Health Care Professional 11

Nurse Practice Act 12

Administrative Procedures Act 34

The Disciplinary Action Process 37

Trends 40

3. The Nurse as a Civil Litigation Defendant 53

Causes of Action 54

Doctrines and Terms 79

The Civil Litigation Process 84

4. The Nurse as the Accused in Criminal Litigation 95

Doctrines and Terms 95

Criminal Litigation Process 100

Crimes 104

5. The Nurse Practicing as Employee 119

Contemporary Clinical Issues Faced by Nurse-Employees 119

Federal Laws Protecting Employees 131

State Laws Protecting Employees 140

6. The Nurse as an Independent Contractor 149

Contract Types 150

Contractual Terms Included in Independent Contractor Agreements 151

Legal Issues Associated with Independent Contractor Agreements 158

7. The Nurse Practicing as Educator 163

Catalogs 163

Students with Disabilities 164

Dismissing Students 166

Providing Students a Safe Environment 167

Warning Third Parties 168

Clinical Experiences 168

Intellectual Property Issues 169

Privacy of Academic Records 172

8. The Nurse Practicing as Administrator 175

Doctrines 175

Causes of Action 181

9. The Nurse as Counselor 193

Breach of Confidentiality 193

Failure to Warn Third Parties 194

Sexual Misconduct 199

Improper Hospitalization 200

Failure to Protect Suicidal Patients 201

Improper Medication Administration 203

Negligent Patient Supervision 204

Negligent Discharge and Release 206

Third-Party Litigation 208

10. The Nurse as Case Manager in a Managed Care Environment 215

Managed Care Expectations 215

Managed Care Implementation 216

The Work of the Managed Care Working Group Convened by the ANA 217

The Role of the Nurse in Managed Care Environments 218

The Nurse as Case Manager 219

Contractual Issues 220

Managed Care Case Law 233

Employment Retirement Income Security Act 237

11. The Nurse as Credentialed Health Care Provider 241

Credentialing and the Nursing Profession 241

Credentialing and Health Care Organizations 245

Credentialing of Nurses 245

Credentialing-Related Case Law 248

12. Conclusion: Ethical Components of Nursing Practice 255

Comparing and Contrasting Laws and Ethics 255

The Code of Ethics for Nurses 259

Ethical Issues Confronting Nurses 261

Appendix A. Licensure Guidelines Issued by ANA's House of Delegates 265

Appendix B. Advanced Directive: Example 269

Appendix C. Actions That Can Result in Sanctions by HCFA 275.

Notes:

Includes bibliographical references and index.

ISBN:

1558101756

OCLC:

47696241