Assignment Question
The purpose of this assignment is to prepare you to recognize the legal implications of failing to appropriately observe and report, as well as other situations considered unprofessional conduct by licensed nurses and certified nursing assistants. As you discovered earlier this week, the mission of the Nevada State Board of Nursing is to protect the public’s health, safety, and welfare through effective nursing regulation. It is a government agency established by Nevada law to protect the public from unsafe practices by nurses. The board members are appointed by the Governor and consist of four registered nurses, one practical nurse, one certified nursing assistant, and one consumer member. One member must represent the interests of those who are indigent, uninsured, or unable to afford health care. TASK: 1. Read the article Disabled Woman Who Gave Birth At Care Facility May Have Been Impregnated Before (Links to an external site.) 2. Revisit NAC 632.890: Unprofessional Conduct Regulation (Links to an external site.) 3. Imagine you were appointed by Governor Sisolak to serve as the CNA member of the 7-member board of nursing. You are hearing complaints and evidence made against the other nurses and nursing assistants who were assigned to care for the Hacienda HealthCare resident (not the nurse that sexually assaulted and impregnated the resident.) You are tasked with determining if other nurses and nursing assistants who cared for the resident are also guilty of violating the nurse practice act. Choose 3 of the items listed as Unprofessional Conduct in NAC 632.890 that these nurses or nursing assistants could possibly be found guilty of ( hint: there are at least 6 that fit and a couple involve observations and reporting!) Write a discussion posting listing the items you feel were violated and the reasons why. Be sure to be specific and detailed to earn full points! For example, if you were writing about the nurse that sexually assaulted the resident you could write: NAC 632.890 Part 32: Endangering the safety of the general public, patients, clients or coworkers by making actual or implied threats of violence or carrying out an act of violence. Nathan Sutherland violated this part of the nurse practice act when he sexually assaulted the residents
Answer
Introduction
The Nevada State Board of Nursing plays a crucial role in safeguarding the health, safety, and welfare of the public by regulating nursing practices within the state. Licensed nurses and certified nursing assistants are held to high professional standards to ensure the quality of patient care and protect patients from harm. This essay explores the legal implications of failing to observe and report unprofessional conduct within the nursing profession, with a focus on a real-life case involving the Hacienda HealthCare resident. As a hypothetical member of the Board of Nursing, appointed to represent certified nursing assistants, we will discuss three specific instances of unprofessional conduct outlined in NAC 632.890 and the reasons why the nurses and nursing assistants involved in the Hacienda HealthCare case may be found guilty of violating these regulations.
The Hacienda HealthCare Case: A Tragic Example
The Hacienda HealthCare case serves as a tragic example of the consequences that can arise when healthcare professionals fail to uphold their ethical and legal obligations. In this case, a vulnerable resident, unable to communicate her needs due to profound disabilities, was subjected to sexual assault and impregnated by a nurse. The profound breach of trust in this situation highlights the significance of the legal framework that governs nursing practices, particularly NAC 632.890.
Patient Dignity and Privacy: A Fundamental Right
One of the cornerstones of nursing ethics and law is the obligation to protect and preserve patient dignity and privacy (NAC 632.890 Part 5). Every patient, regardless of their medical condition, is entitled to be treated with respect and maintain their sense of dignity. In the Hacienda HealthCare case, the failure to report the ongoing abuse and sexual assault constituted a violation of this fundamental principle. The victim in this case not only experienced physical harm but also had her dignity stripped away. The nursing staff’s inaction perpetuated the suffering and violated the spirit of ethical nursing care.
Negligent Patient Supervision and Reporting: A Dereliction of Duty
Nursing professionals are entrusted with the care and supervision of patients, and they are obligated to report any unusual incidents promptly (NAC 632.890 Part 7). Negligent supervision, as demonstrated in the Hacienda HealthCare case, is a clear breach of this responsibility. The ongoing abuse went unnoticed for an extended period, reflecting a lack of diligence and vigilance among the nursing staff. Failing to recognize and report the abuse not only jeopardized the resident’s safety but also exposed systemic flaws in the healthcare facility’s monitoring processes.
Collaboration and Communication: Keys to Patient Safety
Effective collaboration and communication among healthcare team members are vital for patient safety (NAC 632.890 Part 16). In the Hacienda HealthCare case, the failure of the nursing staff to collaborate and report the abuse in a timely manner resulted in a delayed response and further harm to the resident. This situation underscores the importance of interdisciplinary teamwork and communication in healthcare settings. Nurses and CNAs must recognize that patient care is a collaborative effort, and failing to communicate critical information can have dire consequences.
Implications for the Nursing Profession
The legal and ethical implications of the Hacienda HealthCare case extend beyond the specific individuals involved. It serves as a sobering reminder of the profound duty of care that nurses and CNAs bear toward their patients. Upholding the highest standards of professional conduct is not just a matter of legal compliance but also a moral imperative. The nursing profession must reflect on this tragedy to reinforce its commitment to patient welfare, ethical principles, and legal obligations.
Unprofessional Conduct in Nursing
Nursing professionals are bound by ethical and legal responsibilities to provide safe and compassionate care to their patients. NAC 632.890 outlines various instances of unprofessional conduct that can result in disciplinary actions against nurses and nursing assistants. In the case of the Hacienda HealthCare resident, several aspects of unprofessional conduct may have been violated:
Failure to Maintain Patient Dignity and Privacy (NAC 632.890 Part 5):
Nurses and nursing assistants have a duty to uphold the dignity and privacy of patients. In the case of the Hacienda HealthCare resident, the failure to recognize and report the abuse and sexual assault clearly violated this part of the nurse practice act. Patient dignity was compromised, and privacy was invaded, leading to significant harm to the resident.
Negligent Patient Supervision and Reporting (NAC 632.890 Part 7):
One of the key responsibilities of healthcare professionals is to supervise patients effectively and report any unusual incidents promptly. In this case, the failure of nurses and nursing assistants to recognize and report the ongoing abuse and sexual assault of the resident demonstrates a lack of diligence in patient supervision and reporting. This negligence may lead to violations of Part 7.
Failure to Collaborate with Interdisciplinary Healthcare Teams (NAC 632.890 Part 16):
Effective communication and collaboration among healthcare team members are essential for patient safety. The failure of the nursing staff to collaborate and report the abuse in a timely manner can be seen as a breach of Part 16 of the nurse practice act. Such failure compromised the resident’s well-being and delayed necessary interventions.
Discussion
The case of the Hacienda HealthCare resident brings to light the importance of adhering to the principles of professional conduct and ethics in nursing. While the nurse who sexually assaulted and impregnated the resident is clearly in violation of the nurse practice act, other nurses and nursing assistants who were responsible for the resident’s care may also be found guilty of unprofessional conduct.
The failure to maintain patient dignity and privacy (NAC 632.890 Part 5) was evident in this case, as the resident’s fundamental rights were violated. The sexual assault and lack of reporting demonstrate a severe breach of trust between healthcare providers and the patient. Patient dignity and privacy are not mere suggestions but fundamental principles that healthcare providers must uphold to maintain the public’s trust.
Negligent patient supervision and reporting (NAC 632.890 Part 7) played a significant role in this case. The ongoing abuse went unnoticed for an extended period, highlighting a lack of vigilance among the nursing staff. Proper supervision and timely reporting could have prevented further harm to the resident. Neglecting these responsibilities not only jeopardizes patient safety but also erodes the credibility of the nursing profession.
Moreover, the failure to collaborate with interdisciplinary healthcare teams (NAC 632.890 Part 16) raises concerns about communication within the healthcare facility. Effective teamwork and communication are crucial to identifying and addressing patient safety issues promptly. In this case, the lack of collaboration delayed the necessary intervention and exposed the resident to continued harm. Nurses and nursing assistants must recognize that patient care is a collective effort, and failing to communicate critical information can have dire consequences.
Conclusion
In conclusion, the case of the Hacienda HealthCare resident serves as a stark reminder of the legal implications of unprofessional conduct within the nursing profession. Nurses and nursing assistants must adhere to the nurse practice act, as outlined in NAC 632.890, to protect the health, safety, and welfare of patients. Failing to maintain patient dignity and privacy, neglecting patient supervision and reporting responsibilities, and lacking collaboration with interdisciplinary healthcare teams are all serious violations that can result in disciplinary actions against healthcare professionals. Upholding the highest standards of professional conduct is essential to ensure the well-being of patients and maintain the integrity of the nursing profession.
References
American Nurses Association (ANA). (2020). Code of Ethics for Nurses with Interpretive Statements.
Disabled Woman Who Gave Birth At Care Facility May Have Been Impregnated Before. (2019). Nursing.
Nevada Administrative Code (NAC). (2017-2022). Chapter 632 – Nursing.
Frequently Asked Questions (FAQ) on Legal Implications of Unprofessional Conduct in Nursing
Q1: What is the role of the Nevada State Board of Nursing?
A1: The Nevada State Board of Nursing is a government agency established by Nevada law to protect the public’s health, safety, and welfare through effective nursing regulation. It oversees licensed nurses and certified nursing assistants (CNAs) and ensures they adhere to professional standards.
Q2: What is unprofessional conduct in nursing?
A2: Unprofessional conduct in nursing refers to actions or behaviors by nurses and CNAs that violate ethical principles and legal standards established to safeguard patient care and safety. This can encompass various actions, including neglecting patient supervision, failing to maintain patient dignity, and not collaborating effectively within healthcare teams.
Q3: What are the legal and ethical obligations of nurses and CNAs in patient care?
A3: Nurses and CNAs have a legal and ethical duty to provide safe and compassionate care to patients. They must respect patient dignity and privacy, diligently supervise patients, report unusual incidents promptly, and collaborate effectively with interdisciplinary healthcare teams.
Q4: How did the Hacienda HealthCare case illustrate the legal implications of unprofessional conduct in nursing?
A4: In the Hacienda HealthCare case, a nurse’s sexual assault of a resident and the failure of healthcare staff to report the abuse violated ethical principles and legal regulations. This case highlights the importance of recognizing and reporting unprofessional conduct to protect patient safety.
Q5: What is NAC 632.890, and how does it relate to unprofessional conduct in nursing?
A5: NAC 632.890 is a section of the Nevada Administrative Code that outlines specific instances of unprofessional conduct for nurses and CNAs. It provides a legal framework for defining and addressing violations related to patient care, supervision, reporting, and collaboration.
