NURSES AND THE LAW

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NURSES AND THE LAW
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REGULATORY LAW

• Regulation of nursing is part of provincial law
• Registered Nurses Act (Manitoba)
• Self-regulation
• Guides nursing practice
• Protects the name RN
• Must be registered with CRNM
• Nurse Practice Acts (expanded roles)

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COLLECTIVE BARGAINING

• Function of the union
• Legal contract between employer and employee
• Wages, benefits, working conditions
• Guided by provincial labour laws
• Continuous process of handling issues in the
  workplace
• Grievance procedure

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CONFIDENTIALITY

• Right to privacy
• Moral and legal obligation
• Personal Health Information Act (PHIA)
• Share information- need to know basis
• Betrayal of a patients confidence is
  professional misconduct
• Exceptions
• Harm might result to patient or others
• Legislation

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INFORMED CONSENT

• Agreement to allow something to happen
• Consent was given voluntarily
• Client had capacity to understand
• Client was given enough information to make an
  informed decision (risks, benefits, consequences)
• Competent adult or mature minor

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SUBSTANCE MISUSE

• Drug misuse and chemical dependency are serious
  issues for nurses
• Due to shift work, stress, long hours, access
• Recognize the problem
• Programs available for help

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LIVING WILLADVANCED DIRECTIVE

• Written statement of personal preferences for
  treatment
• May not be able to make the decision later
• Becoming more common
• Health care directive is legal in Manitoba

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POTENTIAL LIABILITY IN NURSINGTorts or Civil
Law

• Negligence
• Malpractice
• Assault
• Battery
• Invasion of privacy
• False imprisonment

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LEGAL PROTECTIONS IN NURSING PRACTICE

• Professional liability insurance
• Good Samaritan Act
• Carrying out doctors orders
• Providing safe, competent care
• Record keeping
• Telephone advice
• Incident report

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LEGAL ISSUES AND STUDENTS

• Responsible for own actions
• Liable for negligence
• Responsibility is shared with instructor
• Reasonable supervision
• Be prepared for assignment
• Ask for help as needed
• Comply with policies of clinical setting and
  university