11 Legal Issues Related to Municipal Health Care Maintain a system that allows all nurses to review amended policies when they are revised. Encourage continuing education and examine nurses to better understand how to improve patient care. Focus on communicating a patient`s condition and ensuring staff follow documentation guidelines. Have a patient care incident recording and tracking system to identify areas where staff need training. Adequate training of staff on the use of new patient care systems Advise staff when the hospital creates, revises or removes policies or implements a new method of patient care. Federal legislation is important to the practice of community and public nurses. The Public Health Service and CDC were created by Congress to coordinate the collection, sharing, and analysis of disease-specific disease data from all U.S. states and territories to protect the health of individuals and communities. Guidelines for addressing legal issues related to reporting obligations, such as the importance of maintaining confidentiality, are issued by the CDC. The Occupational Safety and Health Administration (OSHA) also provides guidelines for safe and healthy work environments. It`s not uncommon to read the story of a nurse convicted of a crime and later find that the state nursing board has scheduled a hearing to determine whether the nurse`s license should be revoked or suspended. Certain offences may constitute grounds for loss of professional licensure if the conduct can reasonably be related to the nurse`s professional responsibilities. Drug abuse offences may result in a public health nurse`s licence being suspended until it is proven that the nurse is no longer using the substance.
Because nurses are able to influence consumer health and safety, caregivers` personal habits and behaviour are associated with their professional licensing. 3 Legal Issues in Municipal Health Care In a civilized society, a system of laws promotes order, protects the rights of citizens and provides the framework for diverse relationships. Laws help establish order in a society for the common good of all. In today`s complex world, with advanced technologies and a number of societal issues, legal issues are an important aspect of life. For nurses practising in today`s health care system, knowledge of basic legal concepts is crucial. (Deloughery, 1998). Administrative bodies often have the power to revoke or suspend professional licences. Charges of alleged violations of the Nursing Practice Act or by-laws or other charges against a nurse in connection with the practice of the profession shall be heard and decided by the National Board of Nursing.
The decision of the administrative body may be appealed to the State judicial system. If a community or public nurse is asked to perform a procedure that she believes is outside the scope of the nursing profession, the nurse or supervisor may obtain clarification by requesting a declaratory decision from the state nursing board. Official (state) health authorities often enforce laws in addition to providing health services; Nurses who work in these organizations are often part of this enforcement process. This chapter details the legal issues surrounding municipal and public health care and discusses the rights of the public and clients, as well as the rights of caregivers. It is important for caregivers to know the laws for which they are held responsible. Federal laws and regulations apply to individuals throughout the United States, while state and local laws apply in their respective state and local jurisdictions. For example, government or public entities may be protected by limited immunity laws, while private entities may not be included in this legal protection. The facts and legal issues of case law are used to assess possible liability and are constantly evolving.
Community and health nurses are responsible for understanding federal and state laws regarding their practice. Public health laws have played a crucial role in health promotion and disease prevention. Legal interventions such as quarantine and isolation have contained epidemics since the Middle Ages. In Jacobson v. Massachusetts of 1905, the United States Supreme Court upheld Massachusetts` power to enforce a legal requirement for smallpox vaccination. The decision established the constitutionality of states` mandatory vaccination laws when they are necessary for public health or safety. The Court emphasized that the freedom of the individual must sometimes be subordinated to the common good and is subject to the police power of the State. There are special circumstances when it comes to contact with people with human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS). All clinicians are required by law to report AIDS cases to local health services. Some states require HIV infections to be reported to the state Department of Health.
Most states keep information strictly confidential, meaning health services are not allowed to contact sexual partners or close contacts without the infected person`s permission. Some countries allow the transmission of HIV/AIDS to certain close contacts under certain conditions. The National HIV/AIDS Clinicians` Consultation Center maintains a compendium of national HIV testing laws that can help you learn about your state`s laws (National HIV/AIDS Clinicians` Consultation Center, 2011). State legislatures also enact laws under health laws that outline communicable disease notification laws, school immunization laws, and other laws aimed at promoting health and reducing health risks in the community. An individual`s right to privacy may conflict with a public health obligation to protect the community. Examples of bylaws designed to protect the public are those published by OSHA. Worker safety is critical to maintaining a healthy workforce, and employers must comply with regulations that define a safe and healthy work environment. For example, employers of health workers are required to provide protective equipment and training on universal precautions to prevent the spread of HIV and hepatitis B virus. 10 Legal Issues Related to Municipal Nurses Nurses should take the following steps to protect themselves from professional negligence: Keep up to date with the requirements of your job, including policies that assign additional responsibilities to your position. Hold regular staff meetings with mandatory participation. Promote the free flow of communication between employees. Consider incidents without involvement or blame and focus on the opportunity to improve the patient care process.
Ensure that the reference materials we need on a regular basis, such as hospital policies, procedures, guidelines and reference materials, are easily accessible to all caregivers. Environmental and health issues are of particular interest to communities. Laws in these areas are generally enacted by the legislative and administrative bodies of each state. The federal legislature provides the guidelines or “framework legislation”. States must abide by federal laws and avoid enacting state laws that conflict with federal guidelines. State and federal courts write jurisprudence or common law that reflects society`s current beliefs about what best serves the common good. Sometimes the laws in which nurses have to work lend themselves to different interpretations. In these cases, nurses and the agencies where they work should seek advice from their state`s attorney general for clarification.
If a nurse inadvertently injures a client, malpractice or negligence under civil law would be the most likely outcome. If a public health nurse intentionally plans a harmful outcome, criminal prosecution could arise. When can a public health nurse not be covered by the employer`s professional liability insurance? Issues of accountability in health care have changed dramatically over the past 50 years.