Journal of Nursing Law (J Nurs Law )

Publisher: American Association of Nurse Attorneys; Professional Education Systems

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.

  • Impact factor
    0.00
  • 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

  • Journal of Nursing Law 04/2012; 15(1):3=8.
  • [Show abstract] [Hide abstract]
    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 01/2012; 15(2).
  • [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 01/2012; 15(2).
  • [Show abstract] [Hide abstract]
    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 01/2012; 15(2).
  • [Show abstract] [Hide abstract]
    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 01/2012; 15(2).
  • [Show abstract] [Hide abstract]
    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.
  • [Show abstract] [Hide abstract]
    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.
  • [Show abstract] [Hide abstract]
    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.
  • [Show abstract] [Hide abstract]
    ABSTRACT: With the Supreme Court's decision on Washington v. Glucksberg, the clash between patient autonomy and cultural mores reached a zenith. Unintended consequences have often resulted in assisted suicide becoming a difficult and complicated matter. Current laws do not serve dying patients well, nor do they give support to the families who often must stand by helplessly when end-of-life wishes of a patient are not honored. This is complicated by a lack of education and empowerment for those who face these difficult decisions. There remains an ambiguity regarding the roles of health care providers immersed in their patients' end-of-life scenarios. The purpose of this article is to examine the case in the context of the codified social customs of the United States, to determine the conflict between patient desires and current statutes, and to describe how increased awareness of advance directives may improve the current state of affairs.
    Journal of Nursing Law 02/2011; 14(1):11-16.
  • [Show abstract] [Hide abstract]
    ABSTRACT: The practice of Physician Assisted Suicide (PAS) is critiqued using the ethical principle of nonmaleficence and Kant’s Categorical Imperative. Currently legal in three states, PAS has significant implications for nurses who are intimately involved in both design and delivery of palliative care. Although the practice has wide range support based upon patient’s rights for self-determination, the actual implementation of PAS has documented flaws which should not be underestimated. Alternative solutions to PAS are discussed including increased training and access to end of life care, with open, regular dialogue between healthcare providers and patients about end of life decision making.
    Journal of Nursing Law 01/2011; 14(3-4):110-116.
  • [Show abstract] [Hide abstract]
    ABSTRACT: Evidence exists that the goals of the Patient Self-Determination Act (PSDA), which went into effect December 1991, have fallen significantly short of their achievement. The purpose of this paper is to explore the outstanding and controversial issues that continue to impact both health care providers and health care consumers today. A brief history of the PSDA and events that led to its passage are discussed. Further, the complex legal, ethical, and societal issues that have arisen in the almost two decades since its passage are explored for their impact on health care providers, health care consumers, families, surrogate decision makers, the economy, and society as a whole. Recommendations for addressing the barriers that impede PSDA goal achievement are also presented, such as education, policy reform, and effective communications among health care providers, health care consumers and others. Recommendations for future research are also offered.
    Journal of Nursing Law 11/2009; 13(4):114-123.
  • [Show abstract] [Hide abstract]
    ABSTRACT: With advances in medical technology bringing about extreme changes in health care, various ethical issues arise. Nurses, as health care professionals, are required to participate in ethical decisions and to assume the role of advocate for the patient. While the need of ethics education has increased in nursing, the effectiveness of a current teaching method (i.e., an integrated teaching method) for ethics education has been a concern. Although the integrated teaching method deals with wide varieties of ethic content, the teaching method lacks core content and a systematic approach to ethics education within nursing programs. A structural barrier in nursing programs may hinder achieving the goal of the integrated teaching method for teaching ethics. Development of a policy for ethics education is essential. This article suggests directions for developing a policy for ethics education; it explores the legal basis of nursing ethics education, and examines the legal requirements for nursing professionals to complete ethics courses in five states including North Carolina, California, Florida, New York, and Texas.
    Journal of Nursing Law 11/2009; 13(4):106-113.
  • [Show abstract] [Hide abstract]
    ABSTRACT: Nurses play a role as advocates to assist patients and families struggling with complex information and difficult decisions. In particular, the fact that nurses encounter clinical situations that require ethical judgment highlights the need for nursing staff to gain knowledge and expertise in delivering care in an ethical manner. In this study, through reviewing empirical studies of hospital-based nurses' experiences, the author identified the ethical issues that nurses frequently face and the approaches that they have taken to solving them. The findings can serve to intensify the awareness of the ethical issues in both clinical and educational areas.
    Journal of Nursing Law 08/2009; 13(3):68-77.
  • [Show abstract] [Hide abstract]
    ABSTRACT: Correctional nurses supply a substantial portion of a prisoner's health care. In order to effectively provide this care, these health care providers need to understand a prisoner's Eighth Amendment right to avoid cruel and unusual punishment. The author, in this article, provides nurses with an understanding of the Eighth Amendment by discussing the history of the Eighth Amendment, explaining the two-prong Estelle test for determining whether a prisoner's Eighth Amendment right has been violated and exploring, through case law, common types of deliberate indifference identified by LaFarge (2007) in A Jailhouse Lawyer's Manual. Finally, the author offers a perspective on whether the Eighth Amendment will one day entitle prisoners with the right to complementary and alternative medicine.
    Journal of Nursing Law 08/2009; 13(3):78-88.
  • [Show abstract] [Hide abstract]
    ABSTRACT: Misdiagnosis and mistreatment, due to factors such as a cultural misunderstanding or lack of communication, can and has resulted in lawsuits. An examination of current case law reveals that numerous lawsuits can be directly attributed to culturally incompetent health care professionals. The process of becoming culturally competent is not only the key to quality care for those who practice in the field of health care, but also critical for those who practice in the field of health law. Borrowing from the field of health care, this article will propose a model of cultural competence for the field of health law.
    Journal of Nursing Law 06/2009; 13(2):36-44.
  • [Show abstract] [Hide abstract]
    ABSTRACT: Breastfeeding legislation may promote and facilitate support for breastfeeding. Most of the states in the nation have passed legislation to promote and support breastfeeding, although the legislative language and implications often differ. This article has identified states with relatively low breastfeeding rates, nationally and regionally, and compared their breastfeeding legislation to that of other states.
    Journal of Nursing Law 06/2009; 13(2):45-53.
  • [Show abstract] [Hide abstract]
    ABSTRACT: Acceptance of the premise that nursing legal and ethical standards are emerging and evolving in the global community, forms the basis for this exploration of Malaysian nursing law and ethics. Recent changes in the provision of health care in Malaysia have contributed to the growing importance of nursing law and ethics. The role of Malaysian nurses has been affected by litigation related to negligence, informed consent, confidentiality, and euthanasia. Malaysian nursing legislation does not address many legal and ethical issues that require a comprehensive set of laws that recognize the considerable convergence between legal and ethical judgments. Technological advances in health care have also created challenges for the Malaysian nursing profession. Nurses must conquer these challenges by becoming more knowledgeable about legal and ethical decision making. The education of Malaysian nurses about the demands of law and ethical standards would promote greater accountability, knowledge, and personal commitment in providing health care to individuals throughout their life span.
    Journal of Nursing Law 06/2009; 13(2):54-62.
  • [Show abstract] [Hide abstract]
    ABSTRACT: The health of our nation is deteriorating; our health care system is in crisis. Nursing is strategically positioned to be the driving force for change within the health care system. Nurses across the country and internationally are uniting behind the initiative to establish the Office of the National Nurse (ONN), a federal office of prevention led by a nurse within the current U.S. Public Health Service structure. Collectively, nurses have had great influence on formation of this initiative into policy for implementation, yet a few select national nursing organization decision makers oppose the policy initiative, attempting to silence the collective voice of nurses calling for change. Nurses are ready to address not only their concerns about workplace and workforce issues but are equally eager to develop a collaborative system of nursing leadership for the health of the country. Policy for this new era will require a willingness from within the profession to embrace change to improve the health of Americans.
    Journal of Nursing Law 02/2009; 13(1):13-18.
  • [Show abstract] [Hide abstract]
    ABSTRACT: Collaborative Law is seeing rapid expansion as excitement grows for this unique dispute resolution method. The process offers clear benefits for physicians, patients, health care organizations, and insurance companies that are not available if one directly enters into litigation or utilizes other resolution options. The Collaborative Law process has the potential to address patient desires for early answers, apologies, and assurances that safety improvements will be made to address avoidable error. The process also has the potential to provide physicians with disclosure and apology assistance and offers a confidential environment for discussion and response to adverse incidents. The Collaborative Law process has the potential to provide early solutions and thereby assist health care organizations with timely responses to safety concerns. It also offers the potential to provide insurance companies, health care organizations, and other stakeholders with a cost-effective process for resolving medically related issues.
    Journal of Nursing Law 02/2009; 13(1):4-12.