Legal Obligation of a Student Nurse

Educators must respect a student`s legal rights to privacy under the Family Education Rights and Privacy Act (FERPA) and the Health Insurance Portability and Accountability Act (HIPAA). The items placed in this envelope are broken down and listed with a description such as a «ring with a purple stone», a «yellow metal bracelet» or a «white metal chain» instead of an amethia thong, a 14k gold bracelet or a sterling silver necklace, as the nurse cannot determine and confirm that these items are in fact more than cheap costume jewelry. It is difficult to answer the question you submitted because you did not give an example of what caused your concern. Of course, a nursing student has the responsibility to provide counseling, educate patients, and educate family members about nursing as part of their learning and clinical rotations. (A review of the definition of nursing practice in your state`s nursing law and rules of practice will support these responsibilities.) And after graduation, RNs and RPNs continue to take on these and other grooming responsibilities. Similarly, advanced nurses provide advanced care to the patients they see. The legal risks seem more obvious than ever in today`s healthcare industry. As nursing becomes increasingly involved in assessment, diagnosis, planning, implementation and evaluation, the profession assumes more legal risks (Nurses Legal Handbook, 2004). One area that is still under discussion is the designation of the preceptor (Ashley, 2004). Who risks the responsibility of nursing students when they work as teachers? The answer is not always a direct path, as is the case with most legal disputes.

A very important point is that nursing students are personally responsible for their own negligent acts. Female nursing students are responsible for caring for their patients, and female students are held to the same standards as a registered professional nurse in their nursing duties (Pozgar, 2016). In this regard, students should understand their knowledge and skills and communicate with their teacher or faculty member if they do not feel comfortable performing the required tasks or procedures. If the student has been assigned a task or procedure in which he or she is not competent or qualified, it is the student`s responsibility to communicate it and not to perform the delegated tasks. Failure to take these steps exposes the student, faculty or faculty member to a risk of legal liability. Since nursing students are required to meet the Standards for Registered Professional Nurses, female students are considered representatives of the institution for accountability reasons. As such, the institution is held accountable for its actions based on the superior defendant, an «established law of the United States (U.S.) which states that a master must be held liable for the criminal acts of his servants committed in the exercise of his employment» (Tazbir, Martin, Cain, Priest and Hook [2014], p. 387). This law covers anyone employed by an organization, including students. As organizations are held accountable for female nursing students, so are nursing teachers. Although students are not practising under a teacher`s licence, the teacher would be held responsible for an outcome where a task has been delegated to the student. Nurses are maintained to competent standards and are responsible for their patients or clients at all stages of the care process.

As a teacher, it is important to contact the nursing student (and faculty member) to determine the level of responsibility the student can assume. Students are not allowed to perform invasive procedures without the direct supervision of a preceptor or faculty member. In addition to communication efforts, it is always imperative to determine what is the scope of the agency/employer for students, as well as the Nursing Practice Act for the state in which they practice. While the responsibility of hiring nursing students may seem daunting, remember that responsibility is not common for nursing students. Taking precautions, as with any health profession, reduces the likelihood of legal liability.