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The Americans with Disabilities

NUR3826 Ethical and Legal Aspects of Nursing

Quiz 3

Question 1

Delegation has been a concept used in nursing:

Answers:

Since the 1990s.

Since the early 1970s.

Since the mid-1950s.

Throughout all of nursing’s history.

Question 2

Collective bargaining is defined and protected by the:

Answers:

Civil Rights Act of 1991.

National Labor Relations Act and its amendments.

Equal Pay Act of 1963.

National Practitioner Data Bank.

Question 3

Risk management is a process that attempts to identify potential hazards and:

Answers:

Compensate previous injuries.

Eliminate them before anyone is harmed.

Discipline staff who have been involved in previous incidents.

Supercede the need to file incident reports.

Question 4

When the nurse manager transfers full responsibility for the performance of a task without transferring the accountability for the ultimate outcome, the task has been:

Answers:

Regulated.

Supervised.

Delegated.

Retained.

Question 5

The doctrine of respondeat superior:

Answers:

Makes the hospital liable for independent contractor.

Prevents the hospital from being liable for actions of its employees.

Makes it more likely that the hospital will be liable for actions of its employees.

Makes the hospital responsible for liability against invited guests.

Question 6

When a nurse is employed as a private-duty nurse, which of the following legal doctrines cannot apply to the nurse’s conduct?

Answers:

Correct

The doctrine of respondeat superior.

Personal liability.

Res ipsa loquitur.

Negligent cause of action.

Question 7

Persons who are qualified under the Americans with Disabilities Act include:

Answers:

Persons who have gender identity disorders and sexual behavior disorders.

Persons who are bisexual and homosexual.

Persons who are currently using illegal drugs.

Persons who are recovering or rehabilitated alcoholics.

Question 8

When nursing students perform skills customarily performed by RNs, the standard of care that applies to their actions is:

Answers:

A diminished standard of care, because the nursing student has not yet passed the state board examination.

A student’s standard of care, specially carved out for student nurses.

A higher standard of care, because the student is more completely supervised than are practicing RNs.

The same standard as for the RN.

Question 9

In passing the Americans with Disabilities Act of 1990, Congress attempted to combine the two legal concepts of:

Answers:

Disability and the right to work.

Disability and equality.

Disability and autonomy.

Disability and fairness.

Question 10

Reasonable accommodation means that the employer must provide the qualified employee with:

Answers:

Employment regardless of the disability.

Needed and reasonable modifications in the workplace.

A part-time schedule if the qualified worker is unable to work on a full-time basis.

Employment opportunities not given to persons without disabilities.

Question 11

One of the means used today to ensure that nurses floated to other areas of the hospital are qualified to work in those units is:

Answers:

Correct

Cross-training staff to various units.

Employing extra staff for all units.

Orienting staff to only one unit and then keeping them on that unit.

Transferring patients to units with better staffing patterns.

Question 12

Since unlicensed personnel are not licensed by the state in their own right, they may perform delegated tasks because:

Answers:

They practice on the license of the professional delegating the task.

They are sanctioned by the American Hospital Association as an exception to the requirement for licensure.

They work under the auspices and licensure of the institution, not the professional nurse.

They are sanctioned by the state nurse practice act as an exception to the requirement for licensure.

Question 13

A nurse, while under a general employment contract with a hospital, is subject to the right to direct and control the details of his or her work by a second entity. Such a nurse would be said to be acting as a (an):

Answers:

Dual servant.

Borrowed servant.

Independent contractor.

Agent of the principal.

Question 14

The nurse’s responsibility and accountability for appropriate delegation of tasks is found in the:

Answers:

ANA Code for Nurses.

ANA Nursing Scope and Standards of Practice.

State nurse practice acts and rules and regulations as promulgated by the state boards of nursing.

All of the above.

Question 15

When one delegates tasks to another, accountability for that task:

Answers:

Is transferred to the person performing the task.

Is retained by the person who transfers the task.

Is held jointly by the person transferring the task and the person performing the task.

Can be imputed to either the person performing the task or the person transferring performance of the task.

Question 16

Advanced Practice Nurses (APNs) in hospital settings are more likely to be sued for malpractice than staff nurses because:

Answers:

They work with more seriously ill patients, who may develop more complications during the course of treatment.

They enjoy higher salaries and thus are better litigation targets.

They assume greater legal liability by virtue of their specialty credentials.

They are perceived as having greater autonomy in the work setting.

Question 17

A nurse practicing in a long term care facility, delegates the task of ambulating Mr. Gonzales, to two aides. Mr. Gonzales is an elderly gentleman who has a history of transient ischemic attacks (TIAs). While he appears to be able to ambulate without assistance, two aides are to walk with him to ensure that he does not experience another TIA and falls. One of the most important aspects when delegating this task, given Mr. Gonzales’ history, is to ensure that:

Answers:

Mr. Gonzales is comfortable with having aides walk with him.

Mr. Gonzales understands the need for assistance.

The aides understand the importance of walking with Mr. Gonzales.

The aides ambulate Mr. Gonzalez at least once during the day.

Question 18

The legal guide to the practice of registered nursing is:

Answers:

ANA Code of Ethics

Nightingale Pledge

State Nurse Practice Act

Nurse’s Bill of Rights

Question 19

The doctrine of personal liability is a rule that:

Answers:

Protects nurses against liability for malpractice.

Holds everyone responsible for his or her own negligent conduct.

Makes some persons responsible for the actions of others.

Ensures that no one has liability in certain legal actions.

Question 20

The Americans with Disabilities Act covers:

Answers:

Only physical impairment.

Only mental impairment.

Either physical or mental impairment.

Neither physical or mental impairment.

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