Nurses have many legal responsibilities, including, but not limited to, the provision of patient care. Critical thinking and clinical and professional judgment are essential to prevent harm. Legal obligations are supported by autonomy, confidentiality, mandatory reporting, patient safety, and scope of practice. The legalities inherent in our profession permeate every workspace, from the bedside to the boardroom, from sales to schools. The awareness of legalities should be interjected into our mental consciousness as we diligently perform our duties.
Nurses practicing in academic settings must know their state’s Nurse Practice Act (NPA). All states within the U.S. have laws in place to govern the practice of nursing. These laws are defined in the NPA. A state or jurisdiction’s NPA guides practice. The NPA includes the creation of a Board of Nursing (BON) for enforcement. The BON’s main purpose is to protect the public. An additional consideration is to ensure the rights of nursing professionals. Adhering to the provisions in the NPA makes the nurse less vulnerable to legal action.
For nurses practicing in academia or another sector, meeting standards may prove beneficial by optimizing outcomes and fostering greater respect for people and processes. However, failing to meet legal standards can be severe, including employment termination, loss of licensure, medical malpractice, negligence lawsuits, and even imprisonment. This underscores the critical importance of legal knowledge in nursing practice.
Academicians can easily increase their legal knowledge by diving into legal research, reading healthcare cases, staying alert to news (court cases, medical malpractice, and personal injury), taking classes about health law, and joining nursing organizations. These resources are readily available and can significantly enhance nurse faculty’s understanding of the legal side of nursing education. The New Jersey State Nurses Association (NJSNA), American Nurses Association (ANA), the National League of Nurses (NLN), and the New Jersey League of Nurses (NJLN) are just a few examples of such resources.
For those interested in taking a deeper dive, the Master of Science in Jurisprudence or Master of Legal Studies degree offers non-lawyers advanced knowledge and understanding of the law. Areas of focus include Health Law, Employment and HR Law, Environmental Regulation, Intellectual Property, Tax Law, Technology Law, and Indigenous Rights. Legal studies are not reserved only for attaining lawyer status. Patient Care Law is for nurses. Protect yourself and your stakeholders by keeping in the know.
References
Hoskins, K., Grady, C., Ulrich, C.M. (2018). Ethics Education in Nursing: Instruction for Future Generations of Nurses, OJIN: The Online Journal of Issues in Nursing, 23(1). https://doi.org/10.3912/OJIN.Vol23No01Man03
Jefferies, D., McNally, S., Roberts, K., Wallace, A., Stunden, A., D’Souza, S., & Glew, P. (2018). The importance of academic literacy for undergraduate nursing students and its relationship to future professional clinical practice: A systematic review. Nurse Education Today, 60, 84–91. https://doi.org/10.1016/j.nedt.2017.09.020
Russell, K.A. (2017). Nurse practice acts guide and govern: Update 2017. Journal of Nursing Regulation, 8(3):18-23. https://www.ncsbn.org/public-files/2017_NPA_Guide_and_govern.pdf
Content of this article has been developed in collaboration with the referenced State Nursing Association.
