Law and Ethics in Advanced Practice Nursing

Hardcover (Print)
Buy New
Buy New from BN.com
$64.89
Buy Used
Buy Used from BN.com
$48.93
(Save 34%)
Item is in good condition but packaging may have signs of shelf wear/aging or torn packaging.
Condition: Used – Good details
Used and New from Other Sellers
Used and New from Other Sellers
from $17.25
Usually ships in 1-2 business days
(Save 77%)
Other sellers (Hardcover)
  • All (9) from $17.25   
  • New (6) from $47.31   
  • Used (3) from $17.25   

Overview

Designated a Doody's Core Title!

"This is an extremely valuable book for practicing APNs and students in APN programs. The authors demystify legal/ethical/political issues and make them understandable for advanced practice nurses. The authors help to focus APNs on these important and necessary aspects of nursing practice."Score: 100, 5 stars

--Doody's

The book presents an overview of the history and current state of advance practice nursing and the law both nationally and internationally. The authors provide detailed, exemplary legal and ethical case studies that frame pivotal moments in practice.

The book's key topics include nursing pedagogy related to law, international law and nursing, future roles for APNs that may be legally and ethically supported, and potential challenges to APN practice. The book also discusses current issues that affect nursing law for advance practice, such as autonomy in end of life situations, conflicts between professional duties, and caring needs.

Key Features:

  • Presents the history and current state of the law and advance practice nursing
  • Summarizes and analyzes legal and ethical issues facing APNs
  • Provides guidelines for how to prevent lawsuits
  • Offers guidance on dealing with a lawsuit filed against you
  • Provides international comparisons of legal and ethical considerations

Read More Show Less

Editorial Reviews

From The Critics
Reviewer: Kathleen M Woodruff, DNP (Johns Hopkins University School of Nursing)
Description: This is a comprehensive guide to the legal and ethical aspects of the advanced practice nursing (APN) role. The authors, both with law degrees, are uniquely prepared to educate nurses on this extremely complex area of nursing practice.
Purpose: The purpose is not only to provide a historical basis of the development of the APN role, but also to explore the legal and ethical challenges. It also provides current APNs with the tools to impact the law, ethics, and policy. Practical case presentations illustrate issues such as malpractice, contracts, and ethical conflicts.
Audience: This book is written for APNs in practice, nurse educators teaching in APN programs, and basic and applied nursing researchers who are studying phenomena of concern to APNs. It will be a helpful resource for lawyers and ethicists who work with APNs or in healthcare. The authors are experts in this field and are fluent in translating this information for advanced practice nurses.
Features: This is a wonderful resource that is both readable and practical for advanced practice nurses. It provides an interesting history of the origins and struggles of the APN role. It presents practical information on issues related to law/ethics, contract issues, malpractice, licensure, and practice regulations. It also educates readers in understanding the basics of creating change in practice within the legal and political arenas. The book also provides clear information regarding global nursing and the impact of international issues.
Assessment: This is an extremely valuable book for practicing APNs and students in APN programs. The authors demystify legal/ethical/political issues and make them understandable for advanced practice nurses. The authors help to focus APNs on these important and necessary aspects of nursing practice.
Doody Reviews
Reviewer: Kathleen M. Woodruff, RN, MS, CRNP (Johns Hopkins University School of Nursing)
Description: This is a comprehensive guide to the legal and ethical aspects of the advanced practice nursing (APN) role. The authors, both with law degrees, are uniquely prepared to educate nurses on this extremely complex area of nursing practice.
Purpose: The purpose is not only to provide a historical basis of the development of the APN role, but also to explore the legal and ethical challenges. It also provides current APNs with the tools to impact the law, ethics, and policy. Practical case presentations illustrate issues such as malpractice, contracts, and ethical conflicts.
Audience: This book is written for APNs in practice, nurse educators teaching in APN programs, and basic and applied nursing researchers who are studying phenomena of concern to APNs. It will be a helpful resource for lawyers and ethicists who work with APNs or in healthcare. The authors are experts in this field and are fluent in translating this information for advanced practice nurses.
Features: This is a wonderful resource that is both readable and practical for advanced practice nurses. It provides an interesting history of the origins and struggles of the APN role. It presents practical information on issues related to law/ethics, contract issues, malpractice, licensure, and practice regulations. It also educates readers in understanding the basics of creating change in practice within the legal and political arenas. The book also provides clear information regarding global nursing and the impact of international issues.
Assessment: This is an extremely valuable book for practicing APNs and students in APN programs. The authors demystify legal/ethical/political issues and make them understandable for advanced practice nurses. The authors help to focus APNs on these important and necessary aspects of nursing practice.
From The Critics
Reviewer: Kathleen M. Woodruff, RN, MS, CRNP(Johns Hopkins University School of Nursing)
Description: This is a comprehensive guide to the legal and ethical aspects of the advanced practice nursing (APN) role. The authors, both with law degrees, are uniquely prepared to educate nurses on this extremely complex area of nursing practice.
Purpose: The purpose is not only to provide a historical basis of the development of the APN role, but also to explore the legal and ethical challenges. It also provides current APNs with the tools to impact the law, ethics, and policy. Practical case presentations illustrate issues such as malpractice, contracts, and ethical conflicts.
Audience: This book is written for APNs in practice, nurse educators teaching in APN programs, and basic and applied nursing researchers who are studying phenomena of concern to APNs. It will be a helpful resource for lawyers and ethicists who work with APNs or in healthcare. The authors are experts in this field and are fluent in translating this information for advanced practice nurses.
Features: This is a wonderful resource that is both readable and practical for advanced practice nurses. It provides an interesting history of the origins and struggles of the APN role. It presents practical information on issues related to law/ethics, contract issues, malpractice, licensure, and practice regulations. It also educates readers in understanding the basics of creating change in practice within the legal and political arenas. The book also provides clear information regarding global nursing and the impact of international issues.
Assessment: This is an extremely valuable book for practicing APNs and students in APN programs. The authors demystify legal/ethical/political issues and make them understandable for advanced practice nurses. The authors help to focus APNs on these important and necessary aspects of nursing practice.
From The Critics
Reviewer: Kathleen M. Woodruff, RN, MS, CRNP(Johns Hopkins University School of Nursing)
Description: This is a comprehensive guide to the legal and ethical aspects of the advanced practice nursing (APN) role. The authors, both with law degrees, are uniquely prepared to educate nurses on this extremely complex area of nursing practice.
Purpose: The purpose is not only to provide a historical basis of the development of the APN role, but also to explore the legal and ethical challenges. It also provides current APNs with the tools to impact the law, ethics, and policy. Practical case presentations illustrate issues such as malpractice, contracts, and ethical conflicts.
Audience: This book is written for APNs in practice, nurse educators teaching in APN programs, and basic and applied nursing researchers who are studying phenomena of concern to APNs. It will be a helpful resource for lawyers and ethicists who work with APNs or in healthcare. The authors are experts in this field and are fluent in translating this information for advanced practice nurses.
Features: This is a wonderful resource that is both readable and practical for advanced practice nurses. It provides an interesting history of the origins and struggles of the APN role. It presents practical information on issues related to law/ethics, contract issues, malpractice, licensure, and practice regulations. It also educates readers in understanding the basics of creating change in practice within the legal and political arenas. The book also provides clear information regarding global nursing and the impact of international issues.
Assessment: This is an extremely valuable book for practicing APNs and students in APN programs. The authors demystify legal/ethical/political issues and make them understandable for advanced practice nurses. The authors help to focus APNs on these important and necessary aspects of nursing practice.
Read More Show Less

Product Details

  • ISBN-13: 9780826114587
  • Publisher: Springer Publishing Company, Incorporated
  • Publication date: 5/28/2010
  • Edition description: New Edition
  • Pages: 250
  • Product dimensions: 6.20 (w) x 9.10 (h) x 0.70 (d)

Meet the Author

Diane K. Kjervik, JD, RN, FAAN, is Professor and Chair, School of Nursing, University of North Carolina - Chapel Hill. She received a BSN from the University of Wisconsin-Madison, an MS in Psychiatric Nursing from the UCSF, and a JD from William Mitchell College of Law, St. Paul, Minnesota. She recently served as Director of the Carolina Women's Center and as President of The American Association of Nurse Attorneys (TAANA). She is also member of numerous organizations such as the American Bar Association and the American Nurses Association. In both 2004 and 1998, she received the TAANA Outstanding Advocate Award. And in 2006 she received the prestigious Mary Turner Lane Award from the Association of Women Faculty and Professionals at UNC-Chapel Hill for her work on behalf of women. She is a peer reviewer for many journals and has reviewed grants for federal agencies including the National Library of Medicine, the Bureau of Health Professions in Rockville, Maryland, and the Advisory Council for the National Center for Nursing Research at NIH. She also served as Chair of the Committee on Standards for Legal Content in Nursing Education of TAANA, and as Director of Governmental Relations and Associate Director of Research for the American Association of Colleges of Nursing. Prof. Kjervik is Editor-in-Chief of the Journal of Nursing Law, the author of numerous articles, chapters, and books, and a frequent speaker on topics dealing with the legal rights and ethical responsibilities of health professionals.

Edith Ann Brous, RN, JD received her BSN from Wayne State University in 1978, her MS from Columbia University College of Nursing and MPH from Columbia University School of Public Health in 1995, and her JD from Fordham University School of Law in 1999. She is currently in private practice as a nurse attorney with practice areas of medical malpractice, professional licensure defense, and nursing advocacy legislation. She held previous positions at Martin, Clearwater and Bell, LLP, DLA Piper, and Garson, Gerspach, DeCorato & Cohen, LLP. Prior to her practice of law, she was the Assistant Director of Nursing for Emergency and Hyperbaric Services at Cabrini Medical Center in New York City. She is a contributing editor on legal issues for the American Journal of Nursing and is well-published in the nursing literature on law and law-related issues. Ms. Brous is adjunct faculty at several universities and lectures throughout the country on legal aspects of nursing practice. She is a member of many bar associations and professional nursing organizations and is the current President-Elect of The American Association of Nurse Attorneys.

Read More Show Less

Table of Contents

Contributors xi

Foreword Penny Brooke xiii

Preface xvii

1 Law as a Partner in the Expansion of Advanced Practice Nursing Roles Diane Kjervik 1

Roles and Privileges 2

Standard of Care 2

Unintentional Acts (Negligence) 2

Intentional Acts 9

Expertise and Courtroom Testimony 10

Hospital and Prescriptive Privileges 11

Relationships Between APNs and Physicians 13

Antitrust 13

Noncompete Clauses 14

Insurance/Third-Party Payment 15

Supervision by Physicians 16

2 The Interface of Nursing Law and Ethics Diane Kjervik 25

Common Ethical Frameworks 26

Deontology 26

Consequentialism (Teleology) 27

Casuistry 27

Communitarianism 28

Ethic of Care 28

Virtue Ethics 28

Ethical Underpinnings of Legal Analysis 29

Promoting Patient Autonomy 30

APN Autonomy 31

Choice and Finance 32

Justice and Vulnerable Populations 33

Sources of Ethical Conflict 35

Access to Care 35

End of Life 35

Beginning of Life 36

Adolescents 36

Refusal of Treatment 37

Privacy and Confidentiality 38

Violence 38

Consequences of Ethical Conflict 39

APN Self-Reflections and Actions 39

3 Policy Changes Affecting Advanced Practice Diane Kjervik 47

Regulatory Models for Advanced Practice Registered Nurses 48

Whistleblowing 49

APN Compliance With State Law 51

Billing Issues 51

Retail Clinics 52

Evolving APN Practice and Educational Reform 54

Opportunities for Growth 55

4 Malpractice/Negligence Edith Ann Brous 59

Introduction 59

Background 60

Negligence and Malpractice 63

Elements of a Claim 65

Duty 65

Duty to Third Parties 69

Breach 72

Causation 73

Harm 83

Expert Testimony 85

Foreseeability 92

Causes of Action 93

Theories of Liability 95

Professional Liability Insurance 99

Types of Policies 99

Common Misconceptions 100

Collateral Impact 102

Reducing Exposure 103

Interpersonal Skills 103

Documentation 103

Insurance 104

5 Labor and Employment Issues Edith Ann Brous 109

Introduction 109

Employment Relationships 110

Employees 110

Employment-at-Will 111

Contractual Employment 111

Independent Contractors 111

Determination of Worker Classification 112

APNs' Rights as Employees 115

Department of Labor 115

APNs as "Supervisors" 128

Equal Employment Opportunity Commission 132

Title VII of the Civil Rights Act of 1964 132

Americans With Disabilities Act of 1990 133

Rehabilitation Act of 1973 134

Age Discrimination in Employment Act of 1967 135

Equal Pay Act of 1963 136

Civil Rights Act of 1991 139

APNs as Contractors 139

Contract Basics 140

Collaborative Practice Agreements and Nurse Practice Act Considerations 143

Terms 143

Negotiation Tips 144

6 Licensure and Regulation Edith Ann Brous 149

Introduction 149

Background 150

Board Structure 150

Board Authority 151

Board Function 152

Scope of Practice 154

Delegation 158

Licensure 161

Complaint Resolution 162

Professional Misconduct/Unprofessional Conduct 167

Appealing Board of Nursing Decisions 169

Legal Disability 173

Collateral Implications 174

7 Nursing and Law Pedagogy for Advanced Practice Nurses Diane Kjervik 179

Law and Nursing Theory 180

Teaching Strategies to Incorporate the Law into Advanced Practice Nursing Programs 183

Research Approaches for Understanding the Law and Advanced Practice Nursing Roles 185

8 International Law and Nurses Edith Ann Brous Gina Raineri Bernain 191

Introduction 191

Sources of Law 193

Civil Law 193

Common Law 194

Mixed Jurisdictions 194

International Issues 195

Recruitment 195

Danger 198

The Chilean Perspective 200

Solutions 202

Conclusion Diane Kjervik Edith Ann Brous 207

Future Roles and Opportunities for APNs 207

Potential Legal Challenges to APN Practice 208

Table of Cases 211

Index 215

Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star

(0)

4 Star

(0)

3 Star

(0)

2 Star

(0)

1 Star

(0)

Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation

Reminder:

  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

 
Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)