Chapter 5: Legal Foundations of Professional Nursing

Chapter 5: Legal Foundations of Professional Nursing

Complete Chapter Questions With Answers

Sample Questions Are Posted Below

Question 1

What are the primary sources of law? (Select all that apply.)

1. Statutes
2. Contract
3. Constitutions
4. Decisions of court
5. Federal

Correct Answer: 1, 3, 4

Rationale: The three primary sources of law are statutes, constitutions, and decisions of court or common law. Contract and federal are types of law, but are not sources of law. Administrative laws are the fourth primary source of law.

Cognitive Level: Remembering

Client Need: Safe and Effective Care Environment

Client Need Sub: Management of Care

QSEN Competencies: I.A.7. Explore ethical and legal implications of patient-centered care.

AACN Essential Competencies: VIII.12. Act to prevent unsafe, illegal, or unethical care practices.

NLN Competencies: Context and Environment; Ethical Comportment; Act in accordance with legal and regulatory requirements, including HIPAA, for faculty, students, patients, and families.

Nursing/Integrated Concepts: Assessment; Nursing Process

Learning Outcome: 1. Identify primary sources of law and types of legal actions.

Page Number: p. 75

Question 2

What happens when a federal law and a state law conflict?

1. Federal law supersedes state law.
2. State law supersedes federal law.
3. Both federal and state laws are superseded by local law.
4. The two types of law carry equal weight.

Correct Answer: 1

Rationale: Laws enacted by any legislative body are called statutes or statutory laws. When federal and state laws conflict, federal law supersedes. Likewise, state laws supersede local laws.

Cognitive Level: Understanding

Client Need: Safe and Effective Care Environment

Client Need Sub: Management of Care

QSEN Competencies: I.A.7. Explore ethical and legal implications of patient-centered care.

AACN Essential Competencies: VIII.12. Act to prevent unsafe, illegal, or unethical care practices.

NLN Competencies: Context and Environment; Ethical Comportment; Act in accordance with legal and regulatory requirements, including HIPAA, for faculty, students, patients, and families.

Nursing/Integrated Concepts: Assessment; Nursing Process

Learning Outcome: 1. Identify primary sources of law and types of legal actions.

Page Number: p. 75

Question 3

Which act requires that a copy of the client’s advance health care directive be included in the client’s medical record?

1. Good Samaritan Act
2. Americans with Disabilities Act
3. Patient Self-Determination Act
4. Nurse practice Act

Correct Answer: 3

Rationale: The Patient Self-Determination Act enables clients to participate in decisions about their care, and requires that a copy of the client’s advance health care directive be included on the client’s chart. The Americans with Disabilities act supports equal access for those with disabilities. Good Samaritan laws protect healthcare professionals who volunteer services in an emergency situation. Nurse practice acts govern the practice of nursing on a state-by-state basis.

Cognitive Level: Remembering

Client Need: Safe and Effective Care Environment

Client Need Sub: Management of Care

QSEN Competencies: I.A.7. Explore ethical and legal implications of patient-centered care.

AACN Essential Competencies: VIII.12. Act to prevent unsafe, illegal, or unethical care practices.

NLN Competencies: Context and Environment; Ethical Comportment; Act in accordance with legal and regulatory requirements, including HIPAA, for faculty, students, patients, and families.

Nursing/Integrated Concepts: Assessment; Nursing Process

Learning Outcome: 1. Identify primary sources of law and types of legal actions.

Page Number: p. 75

Question 4

A nurse has been sued for malpractice after a client received a wrong medication and required two additional days in the hospital. What type of legal action is most likely in this case?

1. Contract
2. Public
3. Criminal
4. Civil

Correct Answer: 4

Rationale: There are two kinds of legal actions: civil (private) actions and criminal actions. Civil actions deal with conflicts between individuals, whereas criminal actions deal with disputes between an individual and the society as a whole. Most nursing malpractice suits are related to civil actions.

Cognitive Level: Applying

Client Need: Safe and Effective Care Environment

Client Need Sub: Management of Care

QSEN Competencies: I.A.7. Explore ethical and legal implications of patient-centered care.

AACN Essential Competencies: VIII.12. Act to prevent unsafe, illegal, or unethical care practices.

NLN Competencies: Context and Environment; Ethical Comportment; Act in accordance with legal and regulatory requirements, including HIPAA, for faculty, students, patients, and families.

Nursing/Integrated Concepts: Planning; Nursing Process

Learning Outcome: 1. Identify primary sources of law and types of legal actions.

Page Number: p. 76

Question 5

When was the first nurse practice act implemented in the United States?

1. 1900
2. 1935
3. 1949
4. 1960

Correct Answer: 3

Rationale: In 1938, New York State passed the first nurse practice act, which was implemented in 1949. By 1952, all states had nurse practice acts.

Cognitive Level: Remembering

Client Need: Safe and Effective Care Environment

Client Need Sub: Management of Care

QSEN Competencies: I.A.7. Explore ethical and legal implications of patient-centered care.

AACN Essential Competencies: VIII.12. Act to prevent unsafe, illegal, or unethical care practices.

NLN Competencies: Context and Environment; Ethical Comportment; Act in accordance with legal and regulatory requirements, including HIPAA, for faculty, students, patients, and families.

Nursing/Integrated Concepts: Assessment; Nursing Process

Learning Outcome: 2. Describe the nurse practice act as the legal boundary of nursing.

Page Number: p. 74