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Chamberlain University
NR-446 Collaborative Healthcare
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When transitioning from a bedside nurse to a leadership role, nurses face expanded legal and ethical responsibilities. This progression involves influencing policy development, ensuring client and colleague safety, understanding healthcare legislation, advocating effectively, and following laws that regulate nursing practice. Nurse leaders set the tone for legal and professional standards within their teams, ensuring that care is provided within the scope of practice and aligned with federal regulations such as those from the U.S. Equal Employment Opportunity Commission (EEOC). While leaders are responsible for creating a safe environment, individual staff remain liable for their own actions. It is vital that nurse leaders foster awareness and understanding of personal accountability.
During clinical observations, such as when a nurse prepares medication for multiple clients simultaneously, the leader must consider key ethical principles: the principle of nonmaleficence (to do no harm), fidelity (commitment to professional standards), and confidentiality (addressing errors privately). Leadership should avoid paternalistic behavior except in urgent situations requiring immediate decisions to ensure safety.
Action | Who Benefits | Rationale |
---|---|---|
Educating clients on managing their health | Client | Promotes autonomy and informed decision-making |
Supporting policy that expands nurse practice | Profession | Enhances access to care, reflecting beneficence and utility |
Volunteering in underserved areas | Client | Addresses health equity and promotes justice |
Obtaining informed consent | Client | Reinforces the client’s right to autonomy |
Supporting whistleblowers | Profession | Demonstrates integrity and commitment to veracity |
Advocating for nursing policies | Profession | Encourages nursing involvement in systemic change |
According to the American Nurses Association (ANA, 2015), both direct care nurses and nurse leaders must uphold ethical principles. Leaders, however, are additionally tasked with modeling ethical conduct and guiding teams with transparency and fairness.
Direct Care Nurse Action | Ethical Principle | Nurse Leader Action |
---|---|---|
Provides patient education | Autonomy | Follows fair disciplinary procedures |
Manages pain effectively | Beneficence | Encourages professional growth |
Avoids harmful medications | Nonmaleficence | Plans fair staff scheduling |
Prevents self-harm | Paternalism | Assigns staff according to expertise |
Assists with duties | Utility | Prevents ill colleagues from working |
Delivers equitable care | Justice | Bases pay increases on performance |
Discloses medication errors | Veracity | Shares policy changes transparently |
Keeps promises | Fidelity | Honors commitments to staff |
Maintains privacy | Confidentiality | Protects staff and client information |
Ethical decision-making is a core responsibility of nurse leaders and managers. Their behavior heavily influences staff conduct and client care. They must maintain and promote ethical standards, acknowledge risks, protect human rights, and act as ethical role models.
Leadership Roles
Management Functions
The National Academy of Medicine’s report, The Future of Nursing 2020-2030: Charting a Path to Achieve Health Equity, outlines key goals to influence health policy. These include:
Nurse leaders are encouraged to integrate social determinants of health into practice and advocate for policies that ensure access to quality care for all.
Since the introduction of the Nurse Practice Act, nurse leaders have held responsibility not only for their own practice but also for ensuring legal compliance among their teams.
Leadership Responsibilities
Management Functions
Key Legal Topics
Legal Domain | Impact on Nurse Leaders |
---|---|
Licensing/Certification | Ensure validity of staff licenses |
Collective Bargaining | Promote safe working conditions |
Employment Laws | Uphold EEOC hiring and employment standards |
Effective advocacy includes speaking up for clients, facilitating ethical discussions, and guiding staff. Nurse leaders must foster autonomy, respond to staff concerns, and build systems that support both clients and teams.
Leadership Traits
Management Traits
Ethical Prioritization
Consideration | Priority? | Rationale |
---|---|---|
Experience in ICU | Yes | Ensures safe care through skill matching |
Nurse preference | No | Client safety takes precedence |
When a nurse fails to prevent a client fall or administers unsafe care, they violate professional duties like nonmaleficence and basic safety standards. Similarly, a nurse manager supporting a nurse who refused to give a medication due to an allergy is an example of ethical advocacy.
Ethical Principles Overview
The MORAL model guides ethical decisions:
Application Example:Â When staff express concern over ICU transfers, nurse leaders should first examine transfer data and collaborate with stakeholders to identify ethical concerns and propose practical solutions.
Creating an ethical culture prevents moral distress, enhances job satisfaction, and improves care outcomes. Nurse leaders can use the following practices:
To address an ethical conflict, the nurse must first fully comprehend the issue at hand. This initial step involves collecting relevant and comprehensive data that may influence the ethical discussion and guide the final decision. After gathering the facts, the nurse can then identify the individuals capable of resolving the conflict, clarify values associated with the dilemma, and explore possible courses of action.
When participating in an interprofessional ethics consultation, especially in cases involving advance directives, the nurse brings a unique perspective. Nurses often maintain ongoing interactions with patients, allowing them to share nuanced insights into the patient’s preferences, behaviors, and circumstances, thereby adding valuable context to ethical decisions.
The three branches of the U.S. federal government have distinct functions:
Branch | Responsibility | Examples |
---|---|---|
Legislative | Creates laws | Senate, House of Representatives |
Executive | Enforces laws | President, Vice President, Cabinet |
Judicial | Interprets laws | Supreme Court, Federal Courts |
Administrative bodies such as the Department of Health and Human Services (HHS) and Department of Justice (DOJ) implement and enforce these laws.
Legal precedence refers to court rulings based on prior similar cases. Courts often rely on precedence when statutory language is ambiguous. Although executive orders cannot replace laws, they supplement legal frameworks where guidance is unclear or lacking.
The U.S. Constitution establishes the government’s foundational principles. Legislative bodies create more detailed statutory laws, such as those defining healthcare standards and nursing practice.
For a case to be considered malpractice, the following conditions must be met:
Negligence involves a failure to provide the expected standard of care, such as giving the wrong medication or failing to report changes in patient condition. Consequences may include lawsuits or disciplinary actions like license suspension.
Example | Malpractice | Negligence |
---|---|---|
Administering correct drug w/ side effect | No | No |
Administering wrong dosage | Yes | Yes |
State Boards of Nursing and legislative bodies regulate nursing practices. For example, in California, the Board of Nursing and State Legislature influence nursing standards. The Nurse Practice Act, available through the National Council of State Boards of Nursing, outlines state-specific regulations (https://www.ncsbn.org/npa.htm).
When an error occurs, such as administering an incorrect drug dosage, the nurse should:
The Executive branch enforces laws, while the Legislative branch drafts them. The Judicial branch interprets them. Entities like the Veterans Affairs (VA) manage benefits, and the Pentagon handles defense matters.
Employment laws govern working conditions, break times, job protection, and breastfeeding rights. These laws help ensure a safe and equitable workplace.
Legal Protections | Labor Standards | Labor Relations |
---|---|---|
Work hour limitations | X | Â |
Job protection for illness | X | Â |
Collective bargaining rights | Â | X |
Dispute resolution processes | Â | X |
Advocacy involves protecting clients’ rights, ensuring informed decision-making, and offering equitable care regardless of personal judgments. Vulnerable populations (e.g., elderly, disabled, LGBTQIA+, racial minorities) often require additional advocacy.
Examples of advocacy include ensuring consent is understood before procedures, supporting clients who refuse care for religious reasons, and providing unbiased care to stigmatized individuals.
A hospital system addressing nurse shortages uses policy changes to improve nurse well-being. Committee members review exit interviews, sick call data, and workforce demographics to guide decisions. Areas like back injuries, HR conflicts, and equipment shortages may indicate policy gaps.
Potential Issue | Policy Action Needed |
---|---|
High back injury rate | Update safety policies |
Workforce diversity imbalance | Adjust recruitment |
High turnover | Improve work culture |
Employment Type | Characteristics |
---|---|
Full-Time Hourly | Works 36+ hrs/week, receives W-2 |
Part-Time Hourly | Works <36 hrs/week, different benefit structure |
Salaried Employee | Set pay regardless of hours |
Consultant/Subcontractor | Not employed, paid via 1099, runs own business |
Employers may not legally inquire about age, disability, or parental status. Hiring decisions must comply with anti-discrimination laws covering gender, race, religion, and other protected categories.
American Nurses Association. (2015). Code of ethics for nurses with interpretive statements. Nursesbooks.org.
National Council of State Boards of Nursing. (n.d.). Nurse Practice Act. Retrieved from https://www.ncsbn.org/npa.htm
U.S. Government. (n.d.). Branches of the U.S. Government. Retrieved from https://www.usa.gov/branches-of-government
U.S. Department of Labor. (n.d.). Employment Law Guide. Retrieved from https://www.dol.gov/general/aboutdol/majorlaws
Institute of Medicine. (2011). The Future of Nursing: Leading Change, Advancing Health. National Academies Press.
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