Nursing And The Law: What Are The Rules?

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Question 1
Free
Multiple Choice

To function within the scope of the law, the nurse must know that the legal duties and functions of the nurse in a given state are determined by the

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A

U.S. Constitution.

B

Bill of Rights.

C

bylaws of the professional organization.

D

Nurse Practice Act of the state.

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Question 2
Free
Multiple Choice

An example of a criminal action committed by a nurse is

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A

restraining a patient without a physician's order.

B

releasing information without the patient's consent.

C

discontinuing a ventilator without a physician's order.

D

making a medication error.

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Question 3
Free
Multiple Choice

A new LPN/LVN passes the NCLEX-PN examination and obtains licensure in state X. The LPN/LVN wishes to work in a state other than state X but is unsure of how to proceed. Which statement provides sound advice in this situation?

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A

The effect of current national licensure allows a nurse licensed in one state to work in any other state for a maximum of 2 years without applying for endorsement.

B

The nurse can work legally in any state that borders state X without applying for endorsement.

C

The nurse should contact the state board of nursing of the state in which she wishes to work to determine whether they have multistate licensure with state X.

D

The nurse should apply to take the NCLEX-PN examination in the state in which she wishes to work.

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Question 4
Free
Multiple Choice

A resident asks an LPN/LVN, "What is meant by the practical/vocational nurse's standard of care in a long-term care agency?" The LPN/LVN should respond, "The practical/vocational nurse who provides care for residents in a long-term care agency must implement care that is consistent with

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A

shortcuts acceptable to the agency that allow nurses to assume larger and more complex patient assignments."

B

care that an ordinary, prudent LPN/LVN with the same education and experience would perform in similar circumstances."

C

the minimum competency necessary to function as a health care giver in the state in which the nurse resides."

D

customs of the agency in which the nurse is employed."

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Question 5
Free
Multiple Choice

Civil law is concerned with

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A

acts that threaten society.

B

decision making based on the nursing process.

C

intentional and unintentional torts.

D

guilt associated with criminal behavior.

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Question 6
Multiple Choice

A nurse is found liable for battery. What does this mean?

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A
The nurse threatened the patient, causing fear of bodily harm.
B
The nurse, without consent, touched the patient in a way that caused harm.
C
The nurse detained the patient against his will.
D
The nurse incorrectly performed a procedure that is within her scope of practice.
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Question 7
Multiple Choice

A nurse who angrily tells a patient, "If you don't go to sleep, I'm going to give you an injection," can be accused of

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A
defamation.
B
breach of confidentiality.
C
assault.
D
respondeat superior.
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Question 8
Multiple Choice

Patient A, who has Alzheimer's disease, wanders and is often noisy and intrusive. The patient has a prn order for haloperidol (Haldol) IM for assaultive behavior. At report, the LPN/LVN charge nurse explains that staffing is poor and she is unable to provide the supervision the patient needs. She directs the medication nurse to administer the patient's prn haloperidol q4h during the shift. This action constitutes

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A
negligence.
B
libel.
C
assault.
D
false imprisonment.
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Question 9
Multiple Choice

The student nurse caring for a patient with a large decubitus ulcer photographs the ulcer without obtaining permission from the patient. The patient developed the ulcer while being cared for at home by her physician husband. The student plans to give the patient's history and use the photograph in a paper she is writing. The instructor explains to the student that this action is unacceptable and could result in a court action for

Choose correct answer/s
A
battery.
B
malpractice.
C
negligence.
D
libel.
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Question 10
Multiple Choice

Legally, student practical/vocational nurses are held to the level of performance

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A
described in the job description for nursing assistants.
B
described in the outline/syllabus of the course in which the student is enrolled.
C
of the LPN/LVN.
D
of the LPN/LVN instructor.
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Question 11
Multiple Choice

Which of the following is an example of breach of duty?

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A
The LPN/LVN walks off the unit during the shift.
B
The LPN/LVN resigns from the position.
C
The LPN/LVN delegates duties to unlicensed assistive personnel.
D
The LPN/LVN does not perform duties according to the standard of care.
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Question 12
Multiple Choice

When documenting patient behavior, the LPN/LVN should

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A
record subjective interpretations of patient behavior.
B
avoid mentioning communicating with supervisors to report changes in condition.
C
record all interventions performed and patient instruction given.
D
Use white-out to erase errors in documentation.
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Question 13
Multiple Choice

How should an LPN/LVN explain the term accountability to a student nurse?

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A
"Accountability is the transfer of responsibility for wrong actions."
B
"Accountability is shared responsibility with the physician for wrongdoing."
C
"Accountability is assuming personal responsibility for one's nursing actions."
D
"Accountability is giving up responsibility when the situation dictates."
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Question 14
Multiple Choice

The instructor tells an SP/VN, "You have functioned at a substandard level of clinical performance recently. Now you have a chance to redeem yourself. I'm assigning you to a complex nursing situation. I expect you to function without asking for assistance." What is the most accurate assessment of the instructor's action?

Choose correct answer/s
A
The action will enable the instructor to determine whether the student should pass or fail the course.
B
The instructor is accountable for making an unsafe patient care assignment.
C
It is an acceptable teaching practice to challenge students to higher levels of performance.
D
The instructor should be investigated for fraud by the state board of nursing.
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Question 15
Multiple Choice

The instructor tells a student nurse, "You have functioned at a substandard level of clinical performance recently. Now you have a chance to redeem yourself. I'm assigning you to a complex nursing situation. I expect you to function without asking for assistance." The most appropriate response from the student nurse would be

Choose correct answer/s
A
"I'll try my best, but I will need someone on staff to answer my questions."
B
"Is this your way of asking for my resignation from the program?"
C
"I cannot accept the assignment. Complex nursing situations are beyond my abilities."
D
"You'd better remember that if anything goes wrong, the hospital will hold you responsible."
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Question 16
Multiple Choice

A patient tells the LPN/LVN, "I want you to bring my medical record so I can read it. I know HIPAA gives me the right to see it." The LPN/LVN should

Choose correct answer/s
A
bring the record from the nurses' station to the patient within the hour.
B
explain that the request will be made to the RN, who will follow agency policy.
C
try to talk the patient out of seeing the record by offering to answer questions.
D
tell the patient to make the request in writing to the physician.
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Question 17
Multiple Choice

With regard to HIPAA implementation, the LPN/LVN who is newly employed at a health care agency should

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A
realize that enough was learned about the provisions of the act in school to function effectively at work.
B
be aware that each agency may interpret HIPAA provisions somewhat differently.
C
operate on the assumption that all agency privacy practices are similar.
D
depend on the HIPAA website to provide all necessary job-related information.
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Question 18
Multiple Choice

The patient tells the nurse, "I want to make sure that my daughter can make health care decisions for me in the event I'm unable to make decisions for myself. What do I need to do?" The nurse should advise the patient that he or she needs to execute a(n)

Choose correct answer/s
A
living will.
B
civil action.
C
informed consent.
D
durable medical power of attorney.
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Question 19
Multiple Choice

The term used to describe a competent patient's agreement to have a surgical procedure after the physician explains the procedure, the desired outcome, possible complications, and possible alternative treatment is

Choose correct answer/s
A
statute.
B
competency.
C
informed consent.
D
standard of care.
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Question 20
Multiple Choice

The nurse discusses the patient's condition on the phone with the patient's brother. On learning this, the patient is upset, saying he has not spoken with his brother for years and does not want his brother to know anything about his condition. The nurse has

Choose correct answer/s
A
slandered the patient.
B
committed a felony.
C
breached confidentiality.
D
assaulted the patient.
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