Auburn University NURSING 3210Exit HESI 2021

Leadership and Management  Legal Aspects of Nursing o Often an NCLEX-RN® question asks who should explain a surgical procedure to the client. The answer is the health care provider. Remember that it is the nurse’s re ...

Leadership and Management  Legal Aspects of Nursing o Often an NCLEX-RN® question asks who should explain a surgical procedure to the client. The answer is the health care provider. Remember that it is the nurse’s responsibility to be sure that the operative permit is signed and is on the chart. It is not the nurse’s responsibility to explain the procedure to the client. o Often questions are asked regarding the Good Samaritan Act, which is the means of protecting a nurse when she or he is performing emergency care.  Good Samaritan Act: Protects health practitioners against malpractice claims for care provided in emergency situations (e.g., the nurse gives aid at the scene to an automobile accident victim). o If the nurse carries out a health care provider’s prescription for which he or she is not prepared and does not inform the health care provider of his or her lack of preparation, the nurse is solely liable for any damages.  If the nurse informs the health care provider of his or her lack of preparation in carrying out a prescription and carries out the prescription anyway, the nurse and the health care provider are liable for any damages. o Assignments are often tested on the NCLEX-RN. The Nurse Practice Acts of each state governs policies related to making assignments. Usually, when determining who should be assigned to do a sterile dressing change, for example, a licensed nurse should be chosen—that is, an RN or licensed practical nurse (LPN) that has been checked off on this procedure. o Restraints of any kind may constitute false imprisonment. Freedom from unlawful restraint is a basic human right and is protected by law.  Apply restraints properly; check restraints frequently to see that they are not causing injury and record such monitoring; remove restraints as soon as possible; use restraints only as a last resort o A patient must give written consent before health care providers can use or disclose personal health information; health care providers must give patients notice about providers’ responsibilities regarding patient confidentiality; patients must have access to their medical records; providers who restrict access must explain why and must offer patients a description of the complaint process; patients have the right to request that changes be made in their medical records to correct inaccuracies; health care providers must follow specific tracking procedures for any disclosures made that ensure accountability for maintenance of patient confidentiality; patients have the right to request that health care providers restrict the use and disclosure of their personal health information, though the provider may decline to do so.  Leadership and Management o Assertive communication starts with “I need” rather than with “You must.” o Motivation comes from within an individual. A nurse leader can provide an environment that will promote motivation through positive feedback, respect, and seeking input. Look for responses that demonstrate these behaviors. o Effective leadership involves assertive management skills (i.e. democratic/participative). Look for responses that demonstrate that the nurse is using assertive communication skills. o Delegating to the right person requires that the nurse be aware of the qualifications of the delegator: appropriate education, training, skills, experience, and demonstrated and documented competence.  Five Rights of Delegation (as defined by the National Council of State Boards of Nursing)  Right task: Is this a task that can be delegated by a nurse?  Right circumstance: Considering the setting and available resources, should delegation take place?  Right person: Is the task being delegated by the right person to the right person?  Right direction/communication: Is the nurse providing a clear, concise description