WELDON E. (Don) HAVINS, M.D., J.D., L.L.M. (Health Law)
Nevada Physician
©
Copyright 1999 Weldon E. Havins
All
rights reserved.
Table of Contents
Chapter 1
OVERVIEW OF THE LEGAL SYSTEM
INTRODUCTION
SOURCES OF LAW:
THE FEDERAL AND STATE SYSTEMS
Constitutions
Legislatures
Common Law
Federal Courts
State Courts
Administrative Law
THE CIVIL SUIT
Initiation and Filing
The Pretrial Phase
The Trial
ALTERNATIVES TO
LITIGATION
Chapter 2
THE LEGAL REGULATION OF NURSING IN NEVADA
INTRODUCTION
STRUCTURE OF THE
BOARD OF NURSING
DEFINITION OF
SCOPES OF PRACTICE IN THE NURSE PRACTICE ACT
LICENSING
REQUIREMENTS AND CONTINUING EDUCATION
Registered Nursing
Licensed Practical Nursing
Interim licensure
Failure/reapplication
License renewal
Continuing education requirement
ADVANCED
PRACTICE NURSING (APN)
Requirements for certification
Scope of practice
Renewal of APN
Revocation
APPLICATION FOR
APN CERTIFICATION
NURSE SPECIALTY
CERTIFICATION
Requirements for title
Scope of practice
Renewal
Revocation
Certified Registered Nurse Anesthetists (CNAs)
Scope of practice
Requirements for CNA certification
License renewal
Revocation
STANDARDS OF
NURSING PRACTICE
DELEGATION AND
SUPERVISION OF NURSING CARE
Delegating
Supervising
DISCIPLINARY
ACTION BY THE BOARD
General procedure
Grounds for disciplinary action
Chapter 3
PROFESSIONAL REGULATION OF NURSING
INTRODUCTION
PROFESSIONAL
NURSING STANDARDS
The Nevada State Board of Nursing
STANDARDS OF
CARE
Assessment
Diagnoses
Outcome Identification
Implementation
Evaluation
STANDARDS OF
PROFESSIONAL PERFORMANCE
Quality of Care
Performance Appraisal
Education
Collegiality
Ethics
Collaboration
Research
Resource Utilization
CODE FOR NURSES
CREDENTIALING
Accreditation
DELEGATION
Chapter 4
DOCUMENTATION AND ADMINISTRATION
DOCUMENTATION
PRINCIPLES
Charting the Patient’s Care
Fundamentals and Nevada Law
Conclusion
INSTITUTIONAL
PROTOCOL
Conclusion
INFORMED CONSENT
Conclusion
PATIENT CARE BY
TELEPHONE
Conclusion
PATIENT PRIVACY
Compelled Disclosure
Conclusion
Chapter 5
PATIENT CARE CONCERNS
INTRODUCTION
REFUSAL OF CARE
BY A PATIENT AND OTHER CONSENT ISSUES
Informed Consent
Implied Consent
Minors and Consent
The Nurses’ Role
PHYSICAL
RESTRAINTS
LANGUAGE
DIFFERENCES
MEDICATION
ERRORS
“Five Rights” and “Three Checks” Safeguards
Dosage Errors
Wrong Medication
Wrong Route
CONCLUSION
Chapter
6
NURSING RESPONSIBILITY AND THE LAW
INTRODUCTION
REFUSING AN
ASSIGNMENT BECAUSE OF QUALIFICATIONS
The Nurse’s Alternative
Supervisor’s Responsibilities
REFUSING AN
ASSIGNMENT BECAUSE OF CONSCIENCE
Objections Based on Religion
Abortion
QUESTIONING A
PHYSICIAN’S ORDER
POLICE REQUESTS
Nevada Statutes and Regulations
Case Law
The Nurse’s Decision
THE RIGHT TO DIE
Types of Advance Directives
Substituted Judgment
Assisted Suicide
Active Euthanasia
Chapter 7
THE NEVADA NURSE AS AN EMPLOYEE
INTRODUCTION
OBTAINING
EMPLOYMENT
Information available to the public
Employee rights
DISCRIMINATION
Sexual harassment discrimination
Federal law
Nevada law
Age discrimination
Procedures for filing an ADEA complaint
Disability discrimination
Filing procedures
FAMILY AND
MEDICAL LEAVE
ON THE JOB
INJURIES
REFUSING AN
ASSIGNMENT
LAW ENFORCEMENT
ISSUES
EMPLOYMENT
TERMINATION