Ebook Etika dan Hukum Keperawatan : Ethical and Legal Issues for Doctoral Nursing Students ; A Textbook Students and Reference For Nurse Leaders
Advanced practice nurses and researchers prepared at the doctoral
level must be equipped with specialized knowledge and skills in all
aspects of medical, research, legal and business ethics relevant to ev-
idence-based practice and research in underserved and other popula-
tions. The editors of this text realized the need for such content after
completing an article together in 2008 for the Journal of Professional
Nursing, “The ethics curriculum for doctor of nursing practice pro-
grams” (24(5): September–October, 270–274).
Traditional bioethics content often does not address these issues and
therefore there is need for an expanded view of required ethics content
in the curriculum of Doctor of Nursing Practice (DNP) and PhD pro-
grams nationwide. Thus, we have edited this new textbook, Ethical and
Legal Issues for Doctoral Nursing Students: A Textbook for Students
and Reference for Nurse Leaders. In today’s healthcare workplace,
whether in practice, academia or in research settings, doctoral nursing
students and faculty may face the following ethical dilemmas:
• Determining that a bodega (Spanish market) owner was selling un-
prescribed antibiotics over the counter
• Voting, as part of a committee, on whether a noncompliant patient
deserved a second liver transplant
• Being asked by a collaborating physician to collect clinical
information before IRB and HIPAA forms were completed
• Having to care for a child who was declared dead but whose parents
refused to allow the ventilator to be shut down
• Deciding how to handle a suspected case of billing irregularity
These examples demonstrate that the rapidly expanding scope of ad-
vanced practice requires doctorally prepared-advanced practice nurses
and nurse researchers to make more complex ethical decisions, often
without the necessary background to do so competently and comfort-
xii Ethical and Legal Issues for Doctoral Nursing Students
ably. This curricular gap can have serious consequences in access,
quality and patient safety and can also mean that nurses may not be
able to fully contribute to the ethical decision-making process. DNP
and PhD graduates must understand how the legal definition of death,
assisted suicide and euthanasia may affect medication prescription and
decisions about site of care. DNPs and PhDs must fully comply with
HIPAA regulations and understand how the Stark Acts and the False
Claims Act affect their practices. Medicare, Medicaid and private in-
surer reimbursement also requires a deep understanding of how cod-
ing irregularities might be considered fraud. As is true with clinical
knowledge, traditional APN or undergraduate nursing ethics curricula
do not reflect the expanded vision needed to practice in the twenty-first
century. Nursing education at the doctoral level necessitates stronger
ethical knowledge and application in clinical practice.
By the year 2015, nurse practitioner education will transition from
the master’s level to the doctorate. This represents a fundamental
change that will require a curriculum that reflects the advanced level
of a doctoral degree program. PhD nursing programs also require an
advanced level of ethical education. This text will utilize a definition of
nursing ethics which includes elements of medical, legal, research and
business ethics. The expanded content is taught within one major core
course and provides a foundation for all major courses.
The rationale for expanded expertise is based on five premises that
directly influence health care quality:
• As the scope and independence of practice of DNPs have expanded,
so too have ethical dilemmas that directly influence such practice.
There are major, unaddressed ethical dilemmas that influence
DNPs’ ability to provide quality care to all. Consider that as part of
a transplant team, DNP-prepared nurses may directly influence who
is placed on organ transplant lists.
• Knowledge of bioethics, with its focus on patient care and research,
is important but not sufficient for DNP practice. Nurses who
practice at an advanced level must also understand other ethical
frameworks, including legal and business arenas. Coding practices
may influence reimbursement as well as patient costs. A nurse
prepared at the DNP level must understand the ramifications of
under- and over-coding.
• As health care becomes more interdisciplinary, DNPs must
understand how different ethical frameworks impact the workplace.
Having an expanded foundational base for ethical decision-making
Preface xiii
will increase the DNP’s ability to participate at the highest level
with multiple professions.
• There are tremendous issues of access and disparity in care
provided to the underserved. These problems are directly influenced
by ethical reasoning and in turn lead to further ethical discourse.
Knowledge of funding mechanisms and cultural differences are
necessary but not sufficient to solve these problems. These issues
will not be solved by health professionals who do not have a firm
grounding in ethics.
We believe that Ethical and Legal Issues for Doctoral Nursing Stu-
dents: A Textbook for Students and Reference for Nurse Leaders will
help guide faculty and students in the complex healthcare arena faced
by both.
Throughout this text, the LACE (Licensure, Accreditation, Certifica-
tion and Education) 2008 APRN Consensus Model definition of ad-
vanced practice nursing is used. The model was developed by the APRN
Consensus Work Group and the National Council of State Boards of
Nursing APRN Advisory Committee with input from the stakeholder
communities. There are four roles defined in this model: certified regis-
tered nurse anesthetist (CRNA), certified nurse-midwife (CNM), clini-
cal nurse specialist (CNS) and certified nurse practitioner. When the
title APRN is used in the text, it represents all four of these roles.
The contents of the book reflect current knowledge and legislation.
We would like to thank all the authors for their thoughtful and wise
contributions to this volume.
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