Journal of Nursing Law Impact Factor & Information

Publisher: American Association of Nurse Attorneys; Professional Education Systems

Journal description

The Journal of Nursing Law addresses issues of concern to lawyers, nurses, policy makers, and ethicists. It is the only journal analyzing nursing law relating to nursing practice, education, and administration. Emphasis is placed on emerging trends in the law with suggestions for how nurses and lawyers can influence these trends. Our audience includes nurse attorneys, bio-ethicists, legislators, practicing nurses, nurse educators and nurse administrators.

Current impact factor: 0.00

Impact Factor Rankings

Additional details

5-year impact 0.00
Cited half-life 0.00
Immediacy index 0.00
Eigenfactor 0.00
Article influence 0.00
Website Journal of Nursing Law website
Other titles Journal of nursing law (Online), Journal of nursing law, American journal of nursing law
ISSN 1073-7472
OCLC 60624594
Material type Document, Periodical, Internet resource
Document type Internet Resource, Computer File, Journal / Magazine / Newspaper

Publications in this journal

  • [Show abstract] [Hide abstract]
    ABSTRACT: Registered nurses (RNs) and nurse practitioners (NPs) are regulated by Boards of Nursing, which use the disciplinary process to address problems and ensure patient safety. Complaints against RNs and NPs can come from various sources, and any violation of the Nurse Practice Act or its rules is sufficient reason for discipline. There is an established protocol for the disciplinary process, and RNs/NPs should become familiar with it on the chance that someday they may have to defend themselves against a complaint and protect their license and career. If an RN/NP is involved in a disciplinary action, he or she should consider retaining an attorney to ensure adequate representation. This is especially important if the complaint could create problems beyond an RN/NP's professional license. In addition to becoming familiar with the disciplinary process, RNs/NPs also must ensure that they have sufficient professional liability insurance to avoid problems. The disciplinary insurance should provide “occurrence” coverage rather than “claims made” coverage.
    Journal of Nursing Law 08/2012; 15(2). DOI:10.1891/1073-7472.15.2.39
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    ABSTRACT: Professional boundaries speak to the nature of the relationship, which exists between the professional and the receipt of health care services. Working outside the boundary creates confusion and ambiguity and consequently reduces effectiveness. Major boundary crossings can be devastating to the victim and to the nurse. It is critical that one must maintain his or her personal, organizational, and professional standard of conduct, being aware of the various pitfalls that exist that may lead to boundary violations. Being self-aware and aware of the patient is critical to maintaining appropriate boundaries.
    Journal of Nursing Law 08/2012; 15(2). DOI:10.1891/1073-7472.15.2.61
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    ABSTRACT: Admission and progression in nursing programs for students, faculty, and the public requires adherence to competency and good moral character (GMC) behaviors. This is further supported by many significant advisory boards on the practice of excellence in nursing. Despite the urgency of this need, very few policies exist, which help to assure that nursing programs are graduating students with the benefit of clear and enforceable guidelines. Without clear policies on competence and GMC, legal consequences for nursing programs and faculty may occur. In addition, students are not guided by clarity regarding the consequences of inappropriate behaviors and competence problems. We describe a policy at a college of nursing that defines competence and good moral behaviors, distinguishing the normative difficulties associated with the education of nursing students, assessment and remediation steps including informal and formal proceedings and their consequences, appeal process, and documentation processes.
    Journal of Nursing Law 08/2012; 15(2). DOI:10.1891/1073-7472.15.2.51
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    ABSTRACT: Professional license defense attorneys have a difficult job, and one of the more difficult things to do is not only to recommend to a client to consent to a disciplinary Order but also to explain to them that the Order is only the tip of the iceberg; there are many potential consequences far beyond the Order, many of which involve vague potential harm. The purpose of this article is to reflect on the effects of disciplinary action by a licensing agency beyond the sanction agreed to or imposed on a licensee.
    Journal of Nursing Law 08/2012; 15(2). DOI:10.1891/1073-7472.15.2.45
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    ABSTRACT: Rule bending by nurses is described and linked to a conceptual framework composed of two theoretical models: responsible subversion and tolerance for rule bending. An exploratory descriptive study was conducted to indirectly quantify the incidence of specific exemplars of rule bending behavior by nurses, establish reasons for rule bending, and support conclusions about rule bending based on the propositions of the theoretical models. Potential patterns of behaviors, patterns of reasoning, and related conclusions are explored. Identification of possible environmental and personal drivers of rule bending behaviors by nurses is accomplished. An understanding of the etiology and incidence of this behavior may assist defense counsel with this particular type of practice violation. Replication studies in diverse nursing populations are recommended to advance this knowledge.
    Journal of Nursing Law 04/2012; 15(1):14-26. DOI:10.1891/1073-7472.15.1.14
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    ABSTRACT: This is an overview of the struggle risk managers face today to be proactive rather than reactive in their approach to patient safety, risk reductions, claims management, compliance and complaints. Although difficult to achieve, a proactive approach to risk management and patient safety has a value to the entire facility. Each facility differs in the risk management process but all systems and facilities can implement a proactive approach and process.
    Journal of Nursing Law 12/2011; 14(3):91-95. DOI:10.1891/1073-7472.
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    ABSTRACT: A high number of iatrogenic events is linked to medication error. Advanced practice registered nurses (APRNs) are increasingly more vulnerable to liability related to incompetent prescribing. Multiple issues surround medication error and the barriers to its prevention. Research shows that most medical error including medication is preventable. This article will offer a summary of the problem and a discussion of some of the current issues faced by health professionals with an emphasis on APRN prescribing. A review of research-driven strategies for enhancing safety in organizations and preventing errors in prescribing with a focus on APRN education is given.
    Journal of Nursing Law 12/2011; 14(3):120-127. DOI:10.1891/1073-7472.
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    ABSTRACT: Two federal laws, the Breast and Cervical Cancer Mortality Prevention Act of 1990 and the Breast and Cervical Cancer Prevention and Treatment Act, were passed with the intent of increasing financial access to breast cancer screening and treatment for eligible uninsured women in the United States. The Treatment Act provides states with the opportunity to expand Medicaid coverage to women in need of treatment for breast and cervical cancer as a Medicaid optional eligibility category. Women may be eligible for Medicaid coverage under this category if (a) screened through the National Breast and Cervical Cancer Early Detection Program (NBCCEDP) and are found to have breast or cervical cancer, (b) under 65 years of age, and (c) uninsured and not eligible for Medicaid under other eligibility categories. Individual states have flexibility in how “screened through the program” is defined. However, 17 states, including Minnesota, chose to only provide Medicaid coverage within this program for women who were screened or diagnosed with Centers for Disease Control and Prevention (CDC) funds—the most restrictive eligibility category. This case study describes the experience of one uninsured woman with breast cancer who lived in Minnesota. She received a screening mammogram from a provider who did not participate in Minnesota's cancer Early Detection Program and was therefore ineligible for Medicaid coverage to receive medically necessary treatment for her cancer. After describing the case, the benefits and limitations of the breast cancer legislation are summarized. The Patient Protection and Affordable Care Act (PPACA) of 2010 is then briefly analyzed with respect to the potential for this act to eliminate the financial access-related limitations of the breast cancer legislation. Recommendations for policy changes at the federal and/or state level are made with respect to the eligibility provisions of the Breast and Cervical Cancer Prevention and Treatment Act. The proposed policy changes are expected to reduce the occurrence of women slipping through the cracks of breast cancer screening and treatment legislation.
    Journal of Nursing Law 12/2011; 14(3):96-106. DOI:10.1891/1073-7472.
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    ABSTRACT: Many of us are familiar with the phrase “Is there a doctor in the house?” With national physician shortages we may very well start to hear “Is there a nurse–doctor in the house?” Advanced practice nurses are prime candidates to take over the role of primary caregivers and allow physicians to transition into a profession of specialized fields of medical practice.
    Journal of Nursing Law 12/2011; 14(3):117-119. DOI:10.1891/1073-7472.

  • Journal of Nursing Law 12/2011; 14(3):84-84. DOI:10.1891/1073-7472.
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    ABSTRACT: Health care in the United States is fraught with legal mine fields, particularly for newly licensed nurses. Numbers of disciplinary and litigation actions against nurses are on the rise, and most nurses are inadequately prepared to handle a legal incident in the practice setting. More nursing students are entering school with legal infractions, such as illegal substance use in their backgrounds or occurring during nursing school, thus putting them at risk for licensure rejection or encumbrance. Furthermore, a changing health care system with increasing regulatory oversight imposes increasingly complex legal duties on both student nurses and licensed nurses in the clinical setting. For these reasons, schools of nursing have implemented legal nursing courses. In the authors' experience at the University of Missouri-Kansas City (UMKC) School of Nursing, junior level undergraduate nursing students invariably emphasized clinical knowledge and skill acquisition and failed to fully appreciate the critical role that legal constructs play in guiding a safe, effective nursing practice. UMKC nursing faculty thus faced the dilemma of how to best educate nursing students regarding legal concepts. Despite the integration of multiple teaching methods such as case studies, discussion, policy analysis and testing, student course feedback demonstrated a disconnect between the legal concepts and clinical practice. Based on student feedback and faculty observations, a decision was made to explore the use of high fidelity human simulation (HFHS) experiences as a methodology for teaching application of legal concepts to nursing practice. The authors, who are faculty for the UMKC Ethical and Legal Issues course, set about designing and implementing a series of learning activities using HFHS as a novel educational approach for teaching legal concepts to junior level undergraduate nursing students. This article examines the HFHS experiences, as reported by Smith, Klaassen, Zimmerman, and Cheng (2011), and Smith, Witt, Klaassen, Zimmerman, and Cheng (2011), for effectiveness and applicability in the context of different teaching–learning frameworks.
    Journal of Nursing Law 11/2011; 14(of disciplinary and litigation actions against nurses are on the rise):85-90. DOI:10.1891/1073-7472.

  • Journal of Nursing Law 06/2011; 14(2):77-78. DOI:10.1891/1073-7472.14.2.77
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    ABSTRACT: This article addresses the legal and ethical issues that nurses need to understand when they are involved in the provision of palliative sedation in the United States. Presenting a series of cases that reflect the full range of palliative care options, the discussion draws analogies and distinctions between these measures and other interventions that affirmatively cause death such as euthanasia and physician-assisted death, thus enabling nurses to develop a framework within which to analyze the various circumstances in which ethically challenging palliative interventions may present themselves. Finally, the authors draw from respected ethical pronouncements to propose a series of guidelines designed to limit the application of palliative interventions in a manner that comports with the law and bioethical norms, thereby shielding nurses from the risk of engaging in palliative care interventions that arguably exceed the bounds of accepted professional behavior.
    Journal of Nursing Law 06/2011; 14(2):58-67. DOI:10.1891/1073-7472.14.2.58
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    ABSTRACT: The well-being, legal status, and security of families headed by parenting couples who are lesbians or gay men are the issues gaining focused attention from legal, health care, and nursing decision makers. According to data from the 2000 U.S. Census, approximately 960,000 children younger than the age of 18 were being raised by 740,000 lesbian or gay parents, including more than 200,000 female–female or male–male couples. Current actual numbers are likely much higher than these estimates—it has been suggested that the number of same-gender coparenting couples in the United States has more than doubled to a half-million couples as the result of new assisted reproductive technologies, more open policies for adoption and foster care, as well as an emerging parenting culture among a generation of younger lesbians and gay men.This article describes foundations of family organization and social status, applies concepts of citizenship to these families, discusses sexual orientation and citizenship, and presents relevant legal arguments from U.S. constitutional law and recent state supreme court decisions assessing why stigma and civil marriage discrimination of same-sex parenting couples harms parents and children in these families. A case is then made to respond to exposed gaps in legal protection for these families.
    Journal of Nursing Law 06/2011; 14(2):39-48. DOI:10.1891/1073-7472.14.2.39
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    ABSTRACT: Issues regarding cultural competence in health care delivery have been emerging over the course of the past 20 years as awareness of the needs of different cultural groups and ethnicities has emerged. Much of the focus of these concerns has centered on persons with limited English proficiency (LEP) and resulted in government regulations and private accreditation standards requiring the consideration of cultural aspects in the delivery of health care. Thus, health care providers now face the challenge of not only dealing with clients who are non-English speaking but also complying with regulatory requirements.The purpose of this article is to review the legal basis for LEP regulations and enforcement of the regulations and to offer suggestions for meeting those mandates.
    Journal of Nursing Law 05/2011; 14(2):49-57. DOI:10.1891/1073-7472.14.2.49
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    ABSTRACT: Australian registered nurses currently working in a broad variety of nursing areas are drawn from the former hospital-trained nurse system and tertiary educated university graduates. This population represent two very different educational preparations for practice. However, in regards to desiring "legal education," they appear to be similar. There are constant requests for continuing education and high levels of anxiety about legal consequences in clinical practice. This article reports a study that attempted to identify the sources of that anxiety, identify gaps in learning, and seek direction for future law teaching strategies. However, the study found nurses' anxiety was primarily related to system and organizational behaviors that they believed left them vulnerable. They lacked confidence in their capacity to defend themselves and grouped professional governance, legal, and discipline matters as a single threat, "the law."
    Journal of Nursing Law 05/2011; 14(2):68-76. DOI:10.1891/1073-7472.14.2.68
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    ABSTRACT: In assisted living facilities (ALFs), unlicensed assistive personnel (UAP) known as medication assistant technicians (MATs) are on the forefront administrating medication. ALFs are regulated by their respective state, not by the federal government. Requirements for the medication pass and nurse (RN/LPN) delegation vary state by state. This nationwide study identified states that use MATs (n = 32), states that do not use MATs (n = 16), and states that have a pilot program to evaluate the role of MATs (n = 2). The highlights of this investigation outline the limited consistency between state program requirements for MATs, disclosing extensive variations within classroom, clinical, and UAP experience requirements as a prerequisite for MAT preparation. This lack of congruency should be a matter of serious concern for both public protection with providing safe, ethical care and for nurses who are liable. Nurses have the ability to change health care policy by being proactive toward legislative changes within their state Nurse Practice Act (NPA) to support nationwide regulation of medication assistants.
    Journal of Nursing Law 03/2011; 14(1):3-10. DOI:10.1891/1073-7472.14.1.3
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    ABSTRACT: The National Institutes of Health (NIH) deems prisoners to be a vulnerable population because prisoners “may be under constraints because of their incarceration which could affect their ability to make a truly voluntary and uncoerced decision whether or not to participate as subjects in research.” (NIH, 1978, §46.302). Stringent federal regulations have been instituted to protect prisoners from coercion or abuse. This article was borne from my experiences in implementing a mental health research project in a state prison system. The extent of the regulations at the project outset was underestimated, thus causing logistical challenges and delays. Familiarity with these regulations will facilitate the completion of prison-based research projects for other nurse researchers.
    Journal of Nursing Law 03/2011; 14(1):17-20. DOI:10.1891/1073-7472.14.1.17