Posted: August 29th, 2022

Ethical and Legal Implications of Prescribing Drugs

Ethical and Legal Implications of Prescribing Drugs

Introduction

Superior Apply Registered Nurses (APRNs) are RNs who’ve gotten extra coaching and specialised in a sure space. They’re crucial to the well being care system as a result of they will diagnose, deal with, and handle sufferers’ situations. As with many different well being care jobs, this degree of accountability comes with its personal set of authorized and ethical guidelines that each licensed APRN should observe. The legislation and code of ethics for APRNs could also be totally different from one state to the subsequent. However they’re all there to be sure that sufferers and APRNs are secure. In terms of the legislation and ethics, giving care and writing prescriptions can typically go towards one another. As a result of of this, APRNs must know all of the state and federal guidelines that apply to their observe and specialty (American Affiliation of Nurse Practitioners, 2015) What it means morally and legally to prescribe medicine. This paper will discuss in regards to the moral and authorized points that come up when an APRN prescribes narcotics to a member of the family who is just not a affected person. It’ll additionally speak about how prescriptions are written and how you can keep away from making errors.

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What the moral and authorized penalties are for an APRN who prescribes medicine to a member of the family

In the US, APRNs have been given totally different ranges of prescribing energy for medicines, procedures, and providers. APRNs must know what their state’s and the federal authorities’s authorized and moral guidelines say about what they will and cannot do. As with most medical providers, prescribing treatment requires an Assessment, a assessment of the affected person’s historical past, a analysis, training, and follow-up (American Affiliation of Nurse Practitioners, 2015). This rule is in keeping with the nursing moral accountability to do no hurt (ANA, n.d.). What it means morally and legally to prescribe medicine

Many state legal guidelines make it unlawful or exhausting to present drugs or medical care to members of the family. That is executed for security causes and to keep away from authorized and ethical issues (Conde, 2017). For instance, Texas does not make it unlawful to deal with members of the family so long as a medical document is stored with the precise Assessment and analysis. Nevertheless, you possibly can’t give your self, household, or pals managed substances until it is an emergency (Conde, 2017). On this case, the APRN might need damaged state legislation, which might be a authorized downside. The moral implications of this example could possibly be associated to the APRN’s responsibility to do no hurt, which may have led to a prescription for a narcotic if this was an emergency. It is also towards the responsibility to do no hurt if the APRNs are prescribing narcotics to her partner to Help along with his or her drug use. However this case state of affairs will have to be checked out extra intently to see if this was executed truthfully.

How one can Cope with Treatment Error Disclosure and Non-Disclosure

Treatment errors can occur at any level between writing the prescription and giving the medication. For APRNs, the chance of making a mistake when writing a prescription is excessive. Treatment errors could cause sufferers to get sick and even die, so state and federal legal guidelines are in place to Help shield sufferers from these varieties of errors. When errors or abuse occur, it’s the job of the APRN and another healthcare employee who sees it to report it. (2016) Westrick and Jacob. It may be exhausting to resolve whether or not to inform folks a couple of treatment error or not. Figuring out the state and federal legal guidelines about reporting treatment errors and the power’s coverage may also help make the method rather less scary. So, it is necessary for each APRN to find out about state, federal, and establishment insurance policies on treatment errors and how you can report them. (Sorrell, 2017)

A medicine error is one sort of medical error that may occur at any time throughout a medical therapy. When medical errors occur, it is necessary for the individuals who had been harm to find out about them. This might cease extra errors from taking place and give the affected person extra management over their care sooner or later. On this state of affairs, if there’s a probability that the narcotics being prescribed are being abused, the partner could possibly be in hassle with the legislation. Part 74.106 of the Texas civil legislation says that not telling a affected person a couple of medical error or attainable hurt is towards the legislation. This might result in legal costs for negligence and the suspension or revocation of a license (Texas.gov, n.d.).

Two methods a complicated observe nurse would use this data to Help decide:

All well being care employees, together with nurses, have an obligation to do no hurt, and sufferers have a proper to know every little thing about their care. When a nurse sees one thing that would harm a affected person, it’s their job to repair the issue. APRNs should be cautious when making robust selections about moral dilemmas. The protection of the affected person should be a very powerful factor to think about (Rosenthal & Burchum, 2018). On this state of affairs, in case you are a nurse and you see one other APRN writing a prescription for a partner who is just not a affected person, your first step must be to examine the group’s coverage and observe the foundations for reporting the incident. An alternative choice is to speak to the APRN in an expert method to get extra data and determine if a legislation or code of ethics is being damaged.

How Prescriptions Are Written

As a result of errors will be life-threatening, the method of writing a prescription is difficult and delicate. Each supplier, together with the APRN, must know the way it works. There are necessary issues that should be in a prescription, whether or not it is written or digital. These items could differ by state and group, however there are some issues that must be in each prescription. These embrace the supplier’s identify and data (together with signature and DEA/NPI quantity), the affected person’s identify and a second identifier (resembling date of delivery), the drug identify, drug power, route, and frequency (Rosenthal & Burchum, 2018)

Methods to cut back treatment errors

Writing prescriptions is a vital half of taking care of a affected person. Nevertheless, errors in writing prescriptions can harm or kill sufferers (Dyasanoor & Urooge, 2016). As a result of of this, APRNs and organizations should pay shut consideration to the method of writing a prescription and at all times attempt to make it higher. The use of EMAR has helped enhance the way in which prescriptions are written and lower down on treatment errors. When EMAR is used, it’s much less seemingly that some elements of a written prescription might be misinterpret. For instance, an abbreviation or phrase that’s exhausting to learn on a written order may result in a medicine error. Then again, an abbreviation is way much less more likely to be misinterpret on an EMAR.

Avoiding verbal orders is one other means to Help preserve prescriptions from being written with errors (American Academy of Ophthalmology, 2015). If a verbal order is misunderstood, it may result in a mistake with the treatment. Earlier than giving out prescribed drugs, you may additionally use a system that checks the prescription twice. Take the pharmacy for instance. Healthcare organizations want to ensure their staff know how you can report errors and really feel comfy doing so. This may be executed by making a secure, non-judgmental atmosphere that encourages reporting (Moffatt-Bruce et al., 2016).

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There’s a probability that getting medical providers or prescriptions may harm somebody. So, APRNs who can write prescriptions must know the state legal guidelines, federal legal guidelines, and moral guidelines about how you can write prescriptions. When prescribing medicines, APRNs must observe not solely moral guidelines and state legal guidelines, but additionally organizational insurance policies and tips based mostly on proof. That is to keep away from medical errors.

References

American Academy of Ophthalmology. (2015). Minimizing Treatment Errors: Communication about Drug Orders – 2015. https://www.aao.org/patient-safety-statement/minimizing-medication-errors-communication-about-d#prime

American Affiliation of Nurse Practitioners. (2015). Requirements of observe for nurse practitioners. Retrieved from https://www.aanp.org/advocacy/advocacy-resource/position-statements/standards-of-practice-for-nurse-practitioners

ANA. (n.d.). Ethics and Human Rights. https://www.nursingworld.org/practice-policy/nursing-excellence/ethics

Conde, C. (2017). Treating your individual. Retrieved from https://www.texmed.org/template.aspx?id=22563

Dyasanoor & Urooge (2016). Perception into the standard of prescription writing – An Institutional examine. Journal of Medical and Diagnostic Analysis: 10(Three) ZC16-ZC64. Retrieved from

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4843389/

Moffatt-Bruce, S. D., Ferdinand, F. D., & Fann, J. I. (2016). Affected person Security: Disclosure of Medical Errors and Threat Mitigation. https://www.sts.org/websites/default/information/paperwork/patient_safety/DisclosureofMedicalErrors.pdf

Rosenthal, L. D., & Burchum, J. R. (2018). Lehne’s pharmacotherapeutics for superior observe suppliers. St Louis, MO: Elsevier.

Sorrell, J.M. (2017). Ethics: Ethical Points with Medical Errors: Shaping a Tradition of Security in Healthcare. Retrieved from https://ojin.nursingworld.org/MainMenuCategories/ANAMarketplace/ANAPeriodicals/OJIN/Columns/Ethics/Ethical-Points-with-Medical-Errors.html

Texas.gov. (n.d.). Civil observe and cures code. https://statutes.capitol.texas.gov/Docs/CP/htm/CP.74.htm#74.104

Westrick, S. J., & Jacob, N. (2016). Disclosure of Errors and Apology: Regulation and Ethics. The Journal for Nurse Practitioners, 12(2), 120-126. https://doi.org/10.1016/j.nurpra.2015.10.007

Task: Ethical and Legal Implications of Prescribing Drugs
What sort of drug do you have to prescribe based mostly in your affected person’s analysis? How a lot of the drug ought to the affected person obtain? How usually ought to the drug be administered? When ought to the drug not be prescribed? Are there particular person affected person components that would create issues when taking the drug? Do you have to be prescribing medicine to this affected person? How would possibly totally different state rules have an effect on the prescribing of this drug to this affected person?

These are some of the questions you would possibly think about when choosing a therapy plan for a affected person.

Picture Credit score: Getty Photographs/Caiaimage

As a complicated observe nurse prescribing medicine, you’re held accountable for folks’s lives daily. Sufferers and their households will usually place belief in you as a result of of your place. With this belief comes energy and accountability, in addition to an moral and authorized obligation to “do no hurt.” It can be crucial that you’re conscious of present skilled, authorized, and moral requirements for superior observe nurses with prescriptive authority. Moreover, it is very important make sure that the therapy plans and administration/prescribing of medicine is in accordance with the rules of the state during which you observe. Understanding how these rules could have an effect on the prescribing of sure medicine in several states could have a big affect in your affected person’s therapy plan. On this Task, you discover moral and authorized implications of situations and think about how you can appropriately reply.

To Put together
Evaluate the Assets for this module and think about the authorized and moral implications of prescribing prescribed drugs, disclosure, and nondisclosure.
Evaluate the state of affairs assigned by your Teacher for this Task.
Search particular legal guidelines and requirements for prescribing prescribed drugs and for addressing treatment errors on your state or area, and replicate on these as you assessment the state of affairs assigned by your Teacher.
Think about the moral and authorized implications of the state of affairs for all stakeholders concerned, such because the prescriber, pharmacist, affected person, and affected person’s household. Ethical and Legal Implications of Prescribing Drugs
Take into consideration two methods that you simply, as a complicated observe nurse, would use to information your ethically and legally accountable decision-making on this state of affairs, together with whether or not you’d disclose any treatment errors.
By Day 7 of Week 1
Write a 2- to Three-page paper that addresses the next:

Clarify the moral and authorized implications of the state of affairs you chose on all stakeholders concerned, such because the prescriber, pharmacist, affected person, and affected person’s household.
Describe methods to deal with disclosure and nondisclosure as recognized within the state of affairs you chose. Make sure to reference legal guidelines particular to your state. Ethical and Legal Implications of Prescribing Drugs
Clarify two methods that you simply, as a complicated observe nurse, would use to information your choice making on this state of affairs, together with whether or not you’d disclose your error. Make sure to justify your rationalization.
Clarify the method of writing prescriptions, together with methods to attenuate treatment errors.

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