NR416 Class 8 Nursing Laws

Nursing Home Reform Act 1987 - Restraints

Mandatory Reporting Obligations vary between states.

PSDA – Patient Self Determination Act​

Controlled Substances storing and documentation​

EMTALA - Emergency Medical Treatment & Active Labor Act ​

HIPAA – Health Insurance Portability & Accountability Act 2002​

ADA - Americans With Disabilities Act 1990-2008

OSHA – Occupational Safety and Health Act 1970

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Laws Affecting Nursing Practice​

PSDA Dilemmas

PSDA

Privacy vS Confidentiality

HIPAA-Ensured Patient Rights

HIPAA – Confidentiality Considerations

osha

INDEX

lEGAL REGULATIONS

OSHA

• Use of electrical equipment​
• Use of isolation techniques ​
• Use of radiation​
• Use of chemicals

DO NOT:

Confidentiality is a legal and an Ethical Responsibility​

• Friend any patient, past or present, on social media​
• Answering questions from a patient's visitor unless permission is given by the patient.​
• Discuss patients in public areas where confidential information can be overheard.
• Walk away from a computer without signing out​.
• Remove any printed patient records from clinical settings.​

• Answer questions from a patient’s family or visitor before verifying they have permission to receive patient information.​
• Write down any patient identifying information​
• Take any photos in the clinical or service learning area.​
• Discuss or reference anything to do with clinical or service learning on social media.​

HIPAA

• To see and copy their health record​
• To update their health record​
• To request correction of any mistakes ​
• To get a list of the disclosures a health care institution has made independent of disclosures made for the purposes of treatment, payment, and health care operations​
• To request a restriction on certain uses or disclosures​
• To choose how to receive health information

Ensured Patient Rights

hipaa

CONFIDENTIALITY

PRIVACY

• About Identifiable Data​
• Extension of privacy​
• an agreement about maintenance and who has access to identifiable data​
• HIPAA - protects patients from inappropriate disclosures of Protected Health Information (PHI) ​

• About people​
• Sense of being in control of access that others have to ourselves​
• A right to be protected​

Privacy vs Confidentiality

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Patient Self Determination Act 1990

PSDA

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Dilemmas

PSDA

Advance Care Directives - patient’s wishes for interventions and actions that should be taken in the event of a life-threatening emergency and the patient is not conscious or no longer competent.

• Indicate the kind of medical treatment the patient wants or does not want (such as CPR), how comfortable the patient wants to be, how the patient wants to be treated by others and what the patient wants loved ones to know.​
• Patient must be asked and given education about Advanced Care Directives​.
• Must have a specific section in all patient chart.