Deck 49: Legal Issues

Question 1

A nurse educator is teaching a group of nursing students about the function of the state board of nursing. Which information will the educator include in the teaching session? Select all that apply.

A)Creating the NCLEX-RN examination
B)Defining professional standards
C)Investigating violations of the nurse practice act
D)Suspending or revoking licenses
E)Finding drug treatment centers for impaired nurses

Answer 1

Defining professional standards
Investigating violations of the nurse practice act
Suspending or revoking licenses

Question 2

The nurse observes a healthcare provider discussing an operative procedure with a client and determines that informed consent was achieved. Which information was included in the informed consent process? Select all that apply.

A)The provider's disapproval if the surgery is not performed
B)The health problem that requires surgery
C)The purpose of the surgery
D)The expectations of the surgery
E)Outcome if surgery is not performed

Answer 2

The health problem that requires surgery
The purpose of the surgery
The expectations of the surgery
Outcome if surgery is not performed

Question 3

A client who sustained a traumatic brain injury several weeks ago is in a chronic vegetative state and is no longer competent to make healthcare decisions. Who should the nurse expect to make care decisions for this client?

A)The physician
B)The client's spouse
C)Social services
D)The agent named in the durable power of attorney

Answer 3

The agent named in the durable power of attorney

Question 4

The nursing instructor asks a student to explain why the American Board of Managed Care Nursing (ABMCN)is an example of a certification program. How should the student respond?

A)It formally recognizes nurses who have achieved a high standard of practice in managed care.
B)It provides a process for recognizing the professional competence of individuals who pass the program.
C)It investigates and adjudicates cases of professional negligence.
D)It lists the state requirements for a nursing professional to achieve licensure.

Question 5

Which statement exemplifies the ultimate accountability of nursing students for their actions?

A)"State regulatory bodies have the ultimate responsibility for my actions."
B)"The client's perception of the care I give determines the correctness of my actions."
C)"I am responsible for my own actions, correct or incorrect."
D)"No one may judge my actions as correct or incorrect other than me."

Question 6

The nurse on the medical unit is admitting a client. When the nurse asks the client about advance directives, the client states, "I have a living will." Which is the purpose of a living will?

A)Provides specific instructions about type of medications the client requires to sustain life
B)Provides specific instructions about what medical treatment the client does not want in the event they can no longer make decisions for themselves
C)Provides specific instructions about who will make healthcare decisions if the client cannot
D)Provides specific instructions about how decisions are to be made if the client is unable to make the decisions

Question 7

A 16-year-old client has requested that she be examined and receive counseling without her parents being present. Which response demonstrates a correct response to this request?

A)The nurse asks the client's parents if this is okay with them.
B)The nurse agrees but still informs the parents immediately of everything they did not witness.
C)The nurse strongly urges the client to reconsider this request to receive the best possible care.
D)The nurse agrees that the client has the right to make this request but suggests that the parents still be present and involved.

Question 8

A client newly diagnosed with diabetes mellitus tells the nurse that the prescribed diet does not provide enough variation of choice. It is against the state's nurse practice act for a nurse to order a diet for the client. Which response by the nurse is most appropriate?

A)"I will bring you a different menu."
B)"I will ask my manager to talk with the dietitian."
C)"Let's look at your diet and see what type of variety we can find."
D)"I will notify the dietary department to change your diet."

Question 9

A client with terminal cancer has signed an advance directive indicating that no parenteral nutrition or hydration will be implemented. For several days the client has refused food and fluids, pushing the caregiver's hands away when attempts are made to feed the client or offer any kind of fluid. The family is considering placing a gastrostomy tube because they feel the client is "starving to death." Which actions by the nurse are appropriate? Select all that apply.

A)Take the case to the hospital's ethics committee.
B)Honor the client's refusal of parenteral nutrition and hydration.
C)Talk to the healthcare provider so the family's wishes can be acted upon.
D)Help the family come to terms with the situation.
E)Honor the family's wishes and have them sign a consent form.

Question 10

The nurse receives a notice that the state board of nursing has become a member of the Nurse Licensure Compact. How would this change in the state board of nursing structure influence the nurse's ability to practice nursing? Select all that apply.

A)The nurse can only practice nursing in the residing state.
B)The nurse can practice nursing in other states within the compact.
C)The nurse is accountable to the state in which the nurse and clients reside.
D)The nursing license will become similar to having a driver's license.
E)The nurse has to obtain an additional license.

Question 11

A client is receiving care in the hospital for life-threatening injuries sustained in a motor vehicle crash and is taken immediately to surgery. There is no family available to provide consent; however, the client's medical record is available and reviewed by the nurse. Which treatments are inappropriate in this situation? Select all that apply.

A)Emergency surgery
B)Treatment that was previously refused
C)Treatment that violates religious beliefs
D)Medications to treat the injury
E)Experimental medications for a research study

Question 12

The nurse is concerned about being sued for negligence when providing care. Which nursing actions may be grounds for negligence? Select all that apply.

A)Client fell getting out of bed because the call light was not used.
B)Client name band was checked prior to providing all medications.
C)Client's morning medications were administered in the early afternoon.
D)Client states not understanding activity restrictions and wound eviscerated.
E)Client documentation did not include appearance of infiltrated IV site.

Question 13

A student nurse administers a medication to the wrong client while the instructor is with another student. Which statement by the instructor is most appropriate in this situation?

A)"You have placed the nursing student program in danger."
B)"You may be sued by the hospital for the extra care cost to the client."
C)"You are expected to practice like a licensed nurse."
D)"You have set a bad example for the other students."

Question 14

A nurse educator on an oncology unit is teaching staff nurses about advance directives. Which elements will the nurse include in the teaching session? Select all that apply.

A)The surrogate decision maker has the authority to consent to any medical treatment or diagnostic procedure.
B)The surrogate decision maker has the authority to consent to only lifesaving medical treatments.
C)The surrogate decision maker has the authority to authorize admission only to medical facilities and not long-term care facilities.
D)The surrogate decision maker has the authority to have access to all medical records.
E)The surrogate decision maker has the authority to refuse any medical treatment or diagnostic procedure.

Question 15

A nurse working on a medical-surgical unit wants to ensure care is provided within the standard of nursing care. Which actions by the nurse are appropriate? Select all that apply.

A)Analyze the position description.
B)Review and become familiar with the policy and procedure manual.
C)Question the value of collaborating with other disciplines.
D)Review applicable state nurse practice act and administrative rules.
E)Adhere to national standards of practice and care.

Question 16

The nurse working on a medical unit is admitting a client diagnosed with heart failure. During the admission process, the client states, "I do not want to be put on a ventilator because I had to watch my mother die on a ventilator. I want information on making out a living will." When planning care for this client, which intervention is the most appropriate?

A)Educate the client on the process and purpose of a living will and arrange for one to be created should the client choose to do so.
B)Encourage the client to allow for mechanical ventilation.
C)Educate the client on the purpose of mechanical ventilation.
D)Refer the client to a therapist to deal with the death of her mother.

Question 17

A client on a medical-surgical unit experiences a code blue situation unexpectedly. The emergency situation has ended and the client survived. The nurses are breaking for lunch and plan to process their feelings about the emergency. Which action by the nurses will facilitate this?

A)Discussing the event outside the hospital
B)Asking management for the use of a private room to debrief
C)Talking while riding in the staff elevator
D)Debriefing about the situation at home

Question 18

After discussing advance directives during a home visit, an older adult client decides to prepare documents for future care needs. Which actions by the nurse are appropriate in this situation? Select all that apply.

A)Telling the client that changes to the advance directive can be made at any time
B)Telling the client that it is not necessary to make decisions about healthcare needs in the future
C)Giving a copy of the advance directives to the client's adult children
D)Educating the client about the purpose and types of life-sustaining measures
E)Having the client name an individual to be responsible for care decisions

Question 19

Which action demonstrates correct reporting of suspected child abuse?

A)The nurse includes the entirety of the client's medical record.
B)The nurse compiles a report with all pertinent information that is factually true.
C)The nurse recommends that the organization report the abuse to state authorities.
D)The nurse reports only information the client has authorized for release.

Question 20

Which of the following is a licensure examination developed by the National Council of State Boards of Nursing (NCSBN)for state and territory boards of nursing (BONs)to implement as part of their requirements for licensure?

A)National Council Licensure Examination for Registered Nurses (NCLEX-RN)
B)National Nurse Aide Assessment Program (NNAAP)
C)Medication Aide Certification Examination (MACE)
D)Nursing Workforce Diversity (NWD)program

Question 21

A nurse educator is planning a class for a group of nursing students regarding risk management. Which information should the educator include in this presentation? Select all that apply.

A)Risk management seeks to prevent harm.
B)Risk management empowers clients.
C)Risk management controls the cost of supplies.
D)Risk management examines past mistakes and identifies potential hazards.
E)Risk management ensures that nurses are truthful.

Question 22

During an assessment of a child in the urgent care clinic, the nurse notes that the child has a swollen and split lip. When asking the parent how the child's lip injury occurred, the parent responds, "We are here for my child's ear not my child's lip." Which is the rationale for reporting this incident?

A)The child reports that a parent caused the injury.
B)The lip injury is unrelated to the ear infection.
C)The nurse can be sued if there is no abuse.
D)Suspected abuse must be reported.

Question 23

The nurse is asked to participate on a committee to ensure that no breaches of client confidentiality occur when providing care. Which actions help ensure client confidentiality when providing care? Select all that apply.

A)Withholding private information from other staff unless needed for care
B)Sharing the name and diagnosis of clients upon request
C)Discussing client care with nurses on other units
D)Restricting the discussion of client care to the report room
E)Reviewing the client's care needs with a designated health insurance agent

Question 24

While making rounds on the night shift, a nursing supervisor notes that a 73-year-old client under observation following a myocardial infarction has multiple visible bruises on the arms and legs. The supervisor suspects abuse because nothing in the client's chart suggests this client should have sustained these injuries. This state's good faith immunity applies in cases of suspected abuse not only of children but also of older adults or adults with disabilities. Which action has the highest priority for the nursing supervisor in this situation?

A)Notify authorities regarding the suspected abuse.
B)Do nothing about the situation.
C)Notify the security department.
D)Ask a shift nurse about the source of the injuries.

Question 25

The nursing instructor is evaluating the success of training provided to staff nurses on ways to reduce the incidence of pediatric medication errors. Which observations indicate that training has been effective? Select all that apply.

A)Staff nurses are double-checking medication calculations.
B)Staff nurses are refusing to dilute medications.
C)Staff nurses are using liquid preparations.
D)Staff nurses are asking the pharmacy to prepare the exact doses.
E)Staff nurses are asking each other to validate placement of decimal points.

Question 26

Which of the following should the nurse understand to be health information not protected under the HIPAA Privacy Rule?

A)A client's Social Security number, birthdate, and mailing address
B)A description of the symptoms of an illness the client has that does not reference the client in any way
C)The details of a client's visit to a medical office including the diagnosis rendered
D)How much the client owes for a treatment rendered to the client

Question 27

The Health Insurance Portability and Accountability Act (HIPAA)was created in part to

A)exclude clients with preexisting conditions from healthcare insurance coverage.
B)designate special rights for individuals who lose other health coverage.
C)promote medical underwriting in group plans.
D)relax the rules for disclosure of protected health information.

Question 28

An adolescent client with a sexually transmitted infection (STI)says to the nurse, "Promise you won't tell my parents about my condition." The agency policy is that all STIs must be reported in accordance with federal and state law. Which action by the nurse is appropriate?

A)Disclosing information to the parents
B)Reporting the STI to the proper authorities
C)Respecting the client's privacy and confidentiality by not mentioning or reporting the STI
D)Telling other nurses in the clinic that the client has an STI

Question 29

The nurse is in the midst of a complicated client care situation and is not sure what needs to be done with some information. Which healthcare issues must the nurse report to the state? Select all that apply.

A)Amputation of a limb
B)Death of a client
C)Death of a neonate
D)Diagnosis of tuberculosis
E)Kidney transplant

Question 30

Which action protects the client's confidentiality?

A)The nurse discusses details of a client's case with family members she expects will tell no one else.
B)The nurse doesn't reveal outside the healthcare team that he was involved with the treatment of a famous client.
C)The nurse thinks HIPAA procedures for her facility are too restrictive to enable necessary sharing of information.
D)The nurse discusses clients only with other employees of the healthcare facility where he works.

Question 31

The nurse is caring for a client on a medical-surgical unit that has just implemented the electronic medical record for client documentation. The client asks the nurse about the facility's computerized system for keeping client information, especially in regard to confidentiality. Which is the best response by the nurse?

A)"I can see why you're worried, with all the computer hackers out there these days."
B)"Our system was designed with a lot of input from nursing staff."
C)"Electronic medical records are kept in accordance with the HIPAA Privacy Rule."
D)"Don't worry; your information is always safe."

Question 32

The nurse is concerned about the risk involved when implementing healthcare provider prescriptions for a newly admitted client. Which strategies should the nurse consider to reduce this risk? Select all that apply.

A)Question any order written for a postoperative client.
B)Question any order a client questions.
C)Question any order if the client's condition changes.
D)Question any verbal order.
E)Question any order that is incomplete.

Question 33

Which of the following statements describes the nurse's duty to investigate suspected abuse of a pediatric client before reporting it?

A)The nurse must question a parent or guardian about the suspected abuse.
B)The nurse must personally observe the client being abused.
C)The nurse must identify at least two witnesses who will testify that the client was abused.
D)The nurse does not need to investigate suspected abuse of a pediatric client.

Question 34

A medication error occurred and the nurse is preparing to complete an incident report. Which information is required to thoroughly complete this report? Select all that apply.

A)Name of client involved in the incident
B)Location where incident report is completed
C)Date and time of the incident
D)Medication involved in the incident
E)Number of hours the nurse was at work before the incident occurred

Question 35

A novice nurse attends a lecture regarding risk management. Which action should the nurse implement to reduce risks in practice?

A)Not discussing errors made
B)Questioning every order that the physician writes
C)Urging the nurse's organization to purchase liability insurance
D)Storing unused equipment in the halls of the unit

Question 36

A nurse who reports suspected child abuse, honestly believing it to have occurred, is not subject to civil or criminal liabilities when the subsequent investigation does not make a determination of abuse. This is called

A)good faith immunity.
B)protection of privacy.
C)breach of confidentiality.
D)criminal malfeasance.