10 Nursing Practice Act Establishes legal requirements in the state where the LPN Practices Act does the following Establishes and enforces licensing rules Develops and enforces rules and regulations for nursing practice in the state: Rules complement laws Application of laws established, written and amended by the state legislature Emancipation Emancipation is legal recognition, that the minor lives independently and is legally responsible for his or her own support and decision-making. • Can be done through a formal judicial process • In some states, a minor can be automatically emancipated by marrying, joining the military, or becoming parents before reaching the age of majority • Some states do not formally recognize any form of emancipation risk management • A system to ensure appropriate care and identify hazards before harm is inflicted on a client. • Risk management steps • Identification of possible risks • Risk analysis • Act to reduce risk • Evaluate actions taken • Incident/event reports Legal issues and implications for nurses • Decision making model algorithm: • Does the action fit into your area of practice in the New Jersey Nursing Practice Act? Do the Committee`s regulations refer to this particular act? (This may be all the information you need to make your decision. If not, continue to the next step.) Reference materials you may need include: a. Nursing Practice Act: N.J.S.A. 45:11-23, 11-23, 46:b. Delegation Rule: N.J.A.C. 13:37-6.2; c. the nursing practice standards of your professional nursing organization; d.

Board-authorized standards of practice care and board guidelines, such as the role of the RPN in IV therapy – available upon request. If NO, the action is NOT in your field of activity without the above. If YES, continue to the next step. • Is the activity authorized by a valid order, in accordance with established institutional/regulatory or supplier protocols, policies and procedures? It is the nurse`s responsibility to clarify a prescription or regimen that is deemed inaccurate or contraindicated by consulting with the licensed prescribing physician and notifying the prescribing physician if the RN makes the decision not to administer the drug or treatment. If NO, the action is NOT in your field of activity without the above. If YES, continue to the next step. • Is the law supported by research evidence from the nursing literature and/or research in a health-related field? Has a national health care organization issued an opinion on this practice? If NO, the action is NOT in your field of activity without the above. If YES, continue to the next step.

• Do you have the knowledge and clinical expertise to work safely? Documentation to validate your teaching and clinical skills must be retained for a period of four years. If NO, the action is NOT in your field of activity without the above. If YES, continue to the next step. • Must the act be performed in accordance with accepted « standards of care » that would be provided in similar circumstances by reasonable and prudent nurses with similar clinical training and skills? Nurses are responsible for knowing and respecting their area of practice in the Nursing Practice Act, Board Regulations, and any other federal and state laws that affect their practice. If NO, the action is NOT in your area of activity. Performing the action may endanger both the patient and the nurse. If YES, continue to the next step. • Are you ready to take responsibility for providing safe care? If NO, the action is NOT in your area of activity. If YES, you can perform the action based on a valid order in accordance with the established protocols, policies and procedures of the institution, agency or supplier.

12 Understanding the law General sources of law Statutory law Customary lawEnacted laws: adopted by formal legislative bodies such as legislators Regulatory laws: by regulatory bodies such as the State Board of Nursing Common Law On the basis of common usage, customs and judicial decisions or judicial decisions of previous cases, The common law is used to influence judges or juries Often appointed by experts, Statements Legal issues and implications for nurses • Standards of Practice ( • VII- The patient/client`s progress or absence in achieving the goal is determined by the individual and the nurse. • VIII- The patient/client`s progress or lack of progress towards the goal determines the reassessment; identification of priorities, setting new goals and revising the care plan. State Laws • Nursing Practice Laws: • Establishment of training requirements • Distinction between nursing and medical practice • Definition of the field of practice of nurses • Precise definition of nursing practice • All nurses are responsible for knowing their Nursing Practice Act Legal issues and implications for nurses • Standards of Practice (continued) • IV- The care plan includes the assessment of priorities and prescribe approaches or measures of care to achieve the objectives. • V-care measures provide for patient/client participation in health promotion, maintenance and restoration. • VI care measures help the patient/client maximize their health capabilities. 6 Understanding ethics (continued)Ethical issues Genetics Stem cell research Bioethics Legal issues and implications for nurses • Mission • The mission of the New Jersey State Board of Nursing is to protect the health and safety of the public through effective public policy, competent and ethical nursing practices, and exceptional customer service. The Board fulfills its mission in an environment characterized by openness, trust and integrity Standards of Care • Standards of care are guidelines for nursing practice, describing the nurse`s field of practice, function and role. • Nursing diagnoses II are derived from the patient/client`s state of health. • III-The care plan contains objectives derived from nursing diagnoses 9 Legal issues RPNs are responsible for providing care based on established standards Failure to do so is a criminal act to follow the law of nursing practice in the state where you practice legal issues in nursing and health care. Why is it important to understand the legal issues that affect nursing practice? Caregivers are constantly challenged to make difficult decisions about right and wrong or life and death.