Definitions in the Law

The laws in the US include the following definitions and distinctions:

Administrative law refers to rules and regulations promulgated by an agency or board to implement statutes created in legislation. A state board of nursing is an example of such an agency or board.

Individual state boards of nursing (BON) are charged by state Nurse Practice Act (NPA) legislation to protect the public by ensuring safe and competent nursing practice.

The administrative responsibilities of BONs vary among states, but their mandates usually include:

• Enforcing the state’s nurse practice act (NPA) and nurse licensure;
• Accrediting or approving nursing education programs;
• Developing practice standards;
• Developing policies, administrative rules, and regulations; and
• Addressing violations of the NPA (NCSBN, 2018)

Administrative Law addresses behavior that is likely to affect an interest of the public. When a possible infraction of an administrative rule or regulation is reported to an administrative agency such as the BON, a peer review may be conducted, and a hearing may be held before an administrative judge or panel. If a violation of the Nurse Practice Act is found, the BON has a range of disciplinary responses, including:

• Warning, reprimand, and or fine
• Mandatory remedial education
• Encumbering a nursing license by:
  • Stipulating a limitation on nursing practice,
  • Temporary suspension of the license
  • Revocation of the license (NCSBN 2018). 

Ethics are the rules of behavior that are based on morals. Law and ethics affect nursing by defining nursing roles and determining the scope of nursing practice. 

Jurisprudence - ( iuris = law) + (prudentia = wisdom) latin

Law is a binding rule of conduct that is established and enforced to safeguard the public.

Legislation refers to law making process of a legislative body.  The Texas legislature meets every two years and may amend, repeal, or promulgate laws, including those affecting the nursing profession.

Public law is associated with direct government involvement. Federal and state laws that deal with society as a whole are criminal laws.

Criminal laws deal with felonies and misdemeanors, while civil or private law deals with individuals and their relationships.

Types of Law
There are four primary sources of law:

1. federal and state constitutional law
   
2. federal and state legislative law
   
3. common law
   
4. administrative rules and regulations.

Regardless of the type of law, a nurse must be familiar with and follow the law.

Constitutional law dictates how governments are created at the federal and state levels. These laws define authority and identify the specific measures for establishing laws. (Sells, 2009). The right to due process is guaranteed under constitutional law.

Statutes - Laws established through legislation by Congress or state legislatures.

Criminal law focuses on the fundamental issues of the law and personal liberties. Lawyers in this field defend many of the basic rights considered crucial to preserving a free and just society. People are arrested and tried if guilty, sentenced to jail.

Common law deals with the interpretation of the legislation in a specific situation. It is also known as case law. The decisions made by the judiciary system become the rule to be used when evaluating other similar situations. This type of law is typically used in situations involving malpractice.

Civil Law - Individuals rather than the government administers civil law. There are four types of civil law: labor, patent, contract, and tort.
The type of civil law that commonly involves nursing and healthcare is tort law.

Torts are personal civil injuries or wrongs that reside outside of a contractual relationship. Where contracts look mostly “forward” to a relationship between parties, torts look “backward,” so to speak, to assess shortcomings in a relationship gone wrong. In simple terms, a tort is any action (commission) or omission that harms another individual.

Purpose of Nursing Law is to protect the patient and the nurse and define the scope of practice.

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Which type of law regulates professional behavior?