10.9:
Sources of Law
Laws are rules enforced by a controlling authority to regulate society's behavior.
In nursing practice, the law provides the framework for nursing actions, protects patients' rights, sets boundaries for an independent nurse's action, and assists in maintaining practice standards.
The four key sources of law are constitutional, statutory, administrative, and common law.
Constitutional law refers to rights inscribed in federal and state constitutions, for example, a constitutional right to refuse treatment.
Statutory laws originate from constitutional law. The legislative branch of the government creates and passes them.
These laws are either civil, protecting individuals' rights, or criminal, protecting society against crime.
Administrative or regulatory law pertains to the rules and regulations that state or federal agencies develop and issue in a specific area of expertise.
For instance, the State Board of Nursing defines rules and regulations to enforce and implement the Nurse Practice Act.
Common law refers to an unwritten set of laws based on judicial precedents. For instance, obtaining informed consent before any medical procedure, implied under the US Constitution, is common law.
10.9:
Sources of Law
Laws form the essential rules set by governing authorities to shape and control societal behavior. In nursing, laws guide actions, safeguard patient rights, define nurses' scope of practice, and maintain professional standards. Understanding the legal framework governing nursing involves recognizing four primary sources of law: constitutional, statutory, administrative (regulatory), and common law.
Constitutional law is foundational, deriving from federal and state constitutions, and establishes fundamental legal rights and principles. For example, it upholds individuals' rights, such as refusing medical treatment, which ensures that nurses respect patients' legal and ethical rights.
Statutory law, stemming from constitutional authority, is enacted by the legislative branch. It includes codified laws classified into civil laws, which protect individual rights, and criminal laws, aimed at safeguarding society. In nursing, statutory laws dictate legal obligations and standards concerning patient care and professional behavior, ensuring that nurses' actions align with legal requirements.
Administrative or Regulatory law consists of rules and regulations set by state or federal agencies tailored to specific areas of expertise. These laws operationalize statutory laws. For nursing, this is evident in the regulations established by the State Board of Nursing, which enforces the Nurse Practice Act. This Act delineates the scope of nursing practice, licensure, and disciplinary measures for violations of practice standards.
Common law, or case law, evolves from judicial decisions rather than legislative acts, forming an unwritten body of law based on legal precedents. This law significantly impacts nursing by setting care standards, such as patient privacy and confidentiality rights. Though not explicitly outlined in the Constitution, these rights are inferred from judicial rulings, influencing nursing practices concerning patient information.
For nurses, understanding these legal foundations is critical for compliance and ensuring patient safety and professional integrity. By adhering to these laws, nurses deliver clinically appropriate care and uphold legal and ethical standards, safeguarding both their patients and their professional standing.