1. An employment application asks about HIV status. The nurse applicant can legally reply
A. “No,” even though they have tested HIV positive.
B. “I don’t know, but I would be willing to be tested.”
C. “I don’t know, a
...
1. An employment application asks about HIV status. The nurse applicant can legally reply
A. “No,” even though they have tested HIV positive.
B. “I don’t know, but I would be willing to be tested.”
C. “I don’t know, and I refuse to be tested.”
D. “You do not have a right to ask me that question.”
ANS: D: In employment practice, it is illegal to discriminate against people with certain diseases
or conditions. Asking a question about health status, especially HIV or AIDS infection, is illegal
2. An example of a violation of criminal law by a nurse is
A. taking a drug that is a controlled substance from agency supply for personal use.
B. accidentally administering a drug to the wrong patient, who has a serious reaction.
C. advising a patient to sue the doctor for a supposed mistake the doctor made.
D. writing a letter to the newspaper outlining questionable or unsafe hospital practices.
ANS: A: Theft of a controlled substance is a federal crime. A medication error could result in
malpractice charges or a civil lawsuit, but criminal charges would apply only if the drug were
given intentionally to harm the patient. Advising a patient that a doctor made a mistake might be
appropriate but could also result in the doctor charging the nurse with slander. Writing to a
newspaper might also be appropriate but could result in charges of libel.
3. If a nurse is reported to a state board of nursing for repeatedly making medication errors, it is
most likely that
A. the nurse will immediately have his or her license revoked.
B. the nurse will have to take the licensing examination again.
C. a course in legal aspects of nursing care will be required.
D. there will be a hearing to determine whether the charges are true.
ANS: D: The nurse may have his or her license revoked or be required to take a refresher course,
but this would be based on the evidence presented at a hearing. The licensing examination is not
usually required as a correction of the situation as described
4. A nurse co-worker arrives at work 30 minutes late, smelling strongly of alcohol. The fellow
nurses’ legal course of action is to
A. have the nurse lie down in the nurses’ lounge and sleep while others do the work.
B. state that, if this happens again, it will be reported.
C. report the condition of the nurse to the nursing supervisor.
D. offer a breath mint and instruct the nurse co-worker to work.
ANS: C: Nurses must report the condition. It is a nurse’s legal and ethical duty to protect patients
from impaired or incompetent workers. Allowing the impaired nurse to sleep enables the
impaired nurse to avoid the consequences of his or her actions and to continue the risky behavior.
Threatening to report “the next time” continues to place patients at risk, as does masking the
signs of impairment with breath mints.
5. If a nurse receives unwelcome sexual advances from a nursing supervisor, the first step the
nurse should take is to
A. send an anonymous letter to the nursing administration to alert them to the situation.
B. tell the nursing supervisor that she is uncomfortable with the sexual advances and ask the
supervisor to refrain from this behavior
C. report the nursing supervisor to the state board for nursing.
D. resign and seek employment in a more comfortable environment.
ANS: B: The first step in dealing with sexual harassment in the workplace is to indicate to the
person that the actions or conversations are offensive and ask the person to stop. If the actions
continue, then reporting the occurrence to the supervisor or the offender’s supervisor is indicated.
Charges might be filed with the state licensing agency but only after the employer and the
offender have a chance to correct the situation. Resignation from an unpleasant work
environment would be a last resort and would not protect a nurse from encountering similar
situations in other workplaces.
6. A person who has been brought to the emergency room after being struck by a car insists on
leaving, although the doctor has advised him to be hospitalized overnight. The nurse caring for
this patient should
A. have him sign a Leave Against Medical Advice (AMA) form.
B. tell him that he cannot leave until the doctor releases him.
C. immediately begin the process of involuntary committal.
D. contact the person’s health care proxy to assist in the decision-making process.
ANS: A: A person has the right to refuse medical care, and agencies use the Leave AMA to
document the medical advice given and the patient’s informed choice to leave against that
advice. A patient can leave without the doctor’s release, even without signing the AMA form
(which the nurse should document on the form). Involuntary committal is indicated when a
patient is not mentally competent to make decisions regarding health and is a danger to self or
others. A health care proxy acts on the patient’s behalf only when the patient is not able to do so.
7. The information in a patient’s chart may legally be
A. copied by students for use in school reports or case studies.
B. provided to lawyers or insurers without the patient’s permission.
C. shared with other health care providers at the patient’s request.
D. withheld from the patient, because it is the property of the doctor or agency.
ANS: C: A release or consent is required to provide information from a patient’s chart to anyone
not directly caring for that patient. The patient must provide consent to provide information to
insurers, lawyers, or other health care agencies or providers. The patient has the right to access
the information in his chart (copies), but the agency or doctor retains ownership of the document.
It is illegal for students to copy patient records for school assignments. They may use
information from patient records but must be careful to protect the patient’s privacy and
confidentiality standards.
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