Foundations of Faith Community Nursing © 2014 Legal Aspects Foundations of Faith Community Nursing

Foundations of Faith Community Nursing © 2014 Learning Outcomes 1.Establish professional boundaries in faith community nursing practice. 2.Minimize exposure to liability in faith community nursing practice. 3.Analyze the major areas of accountability in faith community nursing practice using the ANA/HMA Faith Community Nursing: Scope & standards of Practice (2012) as a framework. 4.Practice faith community nursing according to guidelines in his/her specific state Nursing Practice Act.

Foundations of Faith Community Nursing © 2014 Outcome 1 Establish professional boundaries in faith community nursing practice.

Foundations of Faith Community Nursing © 2014 Key Term: Professional Boundaries the spaces between the nurse’s power and the client’s vulnerability

Foundations of Faith Community Nursing © 2014 Why Establish Professional Boundaries? These boundaries allow the nurse to control the power differential. They permit a safe connection to meet the patient’s needs. The relationship between the nurse and the client is professional.

Foundations of Faith Community Nursing © 2014 Guiding Principles for Maintaining Professional Behavior The nurse’s responsibility is to delineate and maintain boundaries. The nurse should work within the zone of helpfulness. The nurse should avoid any boundary crossing.

Foundations of Faith Community Nursing © 2014 Challenges in Avoiding Boundary Crossing Be aware. Be cognizant of feelings and behaviors. Be observant of the behavior of other professionals. Always act in the best interest of the patient.

Foundations of Faith Community Nursing © 2014 Guiding Principles for Maintaining Professional Behavior Care setting, community influences, patient needs and the nature of therapy affect the delineation of boundaries. Avoid excessive personal disclosure. Professional sexual misconduct is an extreme form of boundary violation. Be cognizant of boundaries with social media.

Foundations of Faith Community Nursing © 2014 Case Studies These case studies are about professional boundaries, knowledge and understanding of the state Nursing Practice Act, and ANA/HMA Faith Community Nursing: Scope and Standards of Practice (2 nd ed., 2012). After reading or role playing, discuss related questions provided. Learning Activity

Foundations of Faith Community Nursing © 2014 Critical Thinking How does this information apply if the nurse is the FCN in a small faith community? How can an FCN identify a potential boundary violation? Explain your answer.

Foundations of Faith Community Nursing © 2014 Outcome 2 Minimize exposure to liability in faith community nursing practice.

Foundations of Faith Community Nursing © 2014 Key Term: Negligence failure to act as an ordinary prudent person would act under similar circumstances

Foundations of Faith Community Nursing © 2014 Key Term: Malpractice failure of a professional to meet the standards of a reasonable member of the profession in similar circumstances

Foundations of Faith Community Nursing © 2014 Tort Law A civil wrong as opposed to a criminal wrong Intentional Tort Unintentional Tort—unintended wrong against another person –negligence –malpractice

Foundations of Faith Community Nursing © 2014 Examples of Health Care Torts Wrongful birth Wrongful death Assault Battery False imprisonment Loss of consortium

Foundations of Faith Community Nursing © 2014 Examples of Health Care Torts (continued) Defamation of character Emotional distress Intentional indifference Breach of confidentiality Invasion of privacy

Foundations of Faith Community Nursing © 2014 Four Elements of Negligence Duty Injury Breach of duty Causation

Foundations of Faith Community Nursing © 2014 Negligence Under the Concept of “Duty to Care” Assessment failures Planning failure Implementation failures Evaluation failure Breach of duty Injury

Foundations of Faith Community Nursing © 2014 Criminal Law Misdemeanors illegal practice of medicine failing to report child or elder abuse falsification of the patient’s medical record assault and battery and physical abuse of patients

Foundations of Faith Community Nursing © 2014 Criminal Law (continued) Felonies drug trafficking fraud in billing for services of Medicare patients theft rape murder

Foundations of Faith Community Nursing © 2014 Specific Legal Topics in Faith Community Nursing Advance directives Health Care Agent or durable medical power of attorney Wills Delegation of responsibilities to volunteer nurses Privacy/HIPPA

Foundations of Faith Community Nursing © 2014 Legal Relationship Between the FCN and Employer Employment by a health care system or institution Independent contractor in an agreement with the faith community or institution Unpaid position

Foundations of Faith Community Nursing © 2014 Insurance for the FCN Malpractice Automobile General liability

Foundations of Faith Community Nursing © 2014 Critical Thinking What actions can the FCN take to protect himself or herself from malpractice? Should FCNs have malpractice insurance? Explain your answer. How does the reality of risk affect the FCN’s approach to providing care?

Foundations of Faith Community Nursing © 2014 Outcome 3 Analyze the major areas of accountability in faith community nursing using the ANA/HMA Faith Community Nursing: Scope and Standards of Practice (2 nd ed., 2012) as a framework.

Foundations of Faith Community Nursing © 2014 Key Term: Accountability the acknowledgement of responsibility for actions

Foundations of Faith Community Nursing © 2014 Who are FCNs accountable to? God recipients of services faith communities or health institutions local and federal laws professional authorities

Foundations of Faith Community Nursing © 2014 Critical Thinking How is accountability an expression of stewardship that honors God?

Foundations of Faith Community Nursing © 2014 Outcome 4 Practice faith community nursing according to guidelines in his or her specific state’s Nursing Practice Act.

Foundations of Faith Community Nursing © 2014 Key Term: Nursing Practice Act statute in each state and territory that regulates the practice of nursing

Foundations of Faith Community Nursing © 2014 Nursing Practice Act delegation of duties scope of practice

Foundations of Faith Community Nursing © 2014 Key Term: State Board of Nursing the appointed board within each state charged with responsibility to administer the Nursing Practice Act of that state

Foundations of Faith Community Nursing © 2014 Critical Thinking How is following established standards of nursing care a fulfillment of the FCN’s responsibility to God? To others? According to your state’s Nursing Practice Act, what duties must the registered nurse (RN) not delegate?

Foundations of Faith Community Nursing © 2014 Questions and Answers