A nurse is assisting with teaching a newly licensed nurse about professionalism. The nurse should include that which of the following demonstrates unprofessional behavior by a nurse?
Explaining the steps of a surgical procedure to a client.
Witnessing a client consent for a surgical procedure.
Confirming that a client appears competent to consent to a surgical procedure.
Verifying that a client voluntarily gave consent to a surgical procedure.
The Correct Answer is C
Choice A reason: This is incorrect. Explaining the steps of a surgical procedure to a client is not unprofessional, but a professional duty of a nurse. A nurse should provide accurate and relevant information to the client about their health condition, treatment options, and expected outcomes, in order to help them make informed decisions and prepare for the procedure¹.
Choice B reason: This is incorrect. Witnessing a client consent for a surgical procedure is not unprofessional, but a professional responsibility of a nurse. A nurse should act as a witness to the client's signature on the consent form, and ensure that the consent process was conducted properly, ethically, and legally².
Choice C reason: This is the correct answer. Confirming that a client appears competent to consent to a surgical procedure is unprofessional, as it is not within the scope of practice of a nurse. A nurse cannot assess or determine the client's mental capacity or competence to consent, as this requires a medical evaluation by a physician or a psychologist³. A nurse can only observe and report the client's behavior, mood, and cognition to the health care team.
Choice D reason: This is incorrect. Verifying that a client voluntarily gave consent to a surgical procedure is not unprofessional, but a professional obligation of a nurse. A nurse should ensure that the client's consent was given freely, without any coercion, manipulation, or undue influence from others². A nurse should also respect the client's right to withdraw or change their consent at any time².
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Correct Answer is D
Explanation
Choice A reason: Outside client's room is not an appropriate area to provide report to the oncoming nurse. This area may not be private or quiet enough to ensure confidentiality and accuracy of the information. The nurse may also miss important cues or changes in the client's condition or environment.
Choice B reason: Conference area is not an appropriate area to provide report to the oncoming nurse. This area may be too far from the client's room or the nursing station, which can delay the response time or the continuity of care. The nurse may also lose the opportunity to interact with the client and the family, and to verify the data with the physical assessment.
Choice C reason: Nurse's lounge is not an appropriate area to provide report to the oncoming nurse. This area may be too informal or distracting to maintain the professionalism and focus of the report. The nurse may also violate the privacy and dignity of the client and the family by discussing their personal or medical information in a public place.
Choice D reason: Client's bedside is an appropriate area to provide report to the oncoming nurse. This area allows the nurse to involve the client and the family in the report, which can enhance their satisfaction, safety, and education. The nurse can also observe the client's condition and behavior, and perform the physical assessment and the medication reconciliation with the oncoming nurse.
Correct Answer is D
Explanation
Choice A reason: This statement is false and should not be included in the teaching. The Enforcement Rule does not address the use and disclosure of ePHI, which stands for electronic protected health information. The use and disclosure of ePHI is addressed by the Privacy Rule and the Security Rule, which are part of the HIPAA Administrative Simplification Rules.
Choice B reason: This statement is false and should not be included in the teaching. The Enforcement Rule does not cover the process of reporting data breaches, which are unauthorized or unlawful access, use, or disclosure of protected health information. The process of reporting data breaches is covered by the Breach Notification Rule, which is also part of the HIPAA Administrative Simplification Rules.
Choice C reason:This statement is false and should not be included in the teaching.The definition of protected health information (PHI) is outlined in the HIPAA Privacy Rule, not the Enforcement Rule. PHI includes any information about health status, provision of healthcare, or payment for healthcare that can be linked to an individual, whether in electronic, paper, or oral form. The Privacy Rule defines PHI and ePHI explicitly to establish what needs to be protected under HIPAA regulations. The Enforcement Rule does not define PHI but instead deals with the penalties and compliance actions when HIPAA rules, such as those defined in the Privacy or Security Rules, are violated.
Choice D reason:This statement is true and should be included in the teaching. The HIPAA Enforcement Rule explicitly covers the administration of financial penalties for violations of HIPAA regulations. It outlines the processes by which the Department of Health and Human Services (HHS) investigates potential violations, determines compliance failures, and imposes civil monetary penalties when necessary. The Enforcement Rule also establishes the structure of penalties based on factors such as the severity of the violation, whether the violation was willful or accidental, and whether corrective actions were taken promptly. This ensures accountability and compliance with HIPAA standards, making this the correct answer to the question.
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