Legal Implications of Acceptance or Refusal of an Assignment
The American Nurse Association (ANA) and other bodies governing nursing care provide a way for nurses to accept or refuse a patient’s assignment (Russell, 2012). However, one must ensure that the refusal or acceptance of an assignment is governed by the legal, ethical, and professional requirements of a nurse. Legally, a nurse is allowed to refuse an assignment if performing the practice would cause harm to the patient or the practitioner. In such a case, the nurse will be fulfilling his bioethical requirement of beneficence and non-maleficence. In addition, accepting an assignment without having the required education or experience to handle it can lead to malpractice cases. A nurse can also refuse an assignment that is beyond his scope or if the required supervision is not available (Penny, 2011). The law, however, requires the nurse to make informed judgments before accepting or refusing an assignment to ensure that their actions do not compromise the patient’s right to life.
Registered nurses are allowed to delegate certain duties to other practitioners who are either licensed or not. Corazzini et al. (2010) explained that some of the issues to consider when delegating duties to unlicensed personnel include the task ahead, the circumstances, the person, communication, and evaluation. The registered nurse must ensure that the right person is chosen for the job and that all the circumstances surrounding the healthcare situation are well analyzed. In addition, the nurse must offer appropriate communication and supervision throughout the practice to avoid any cases of malpractice (Masters, 2015). Delegating to non-licensed personnel can cause insurance organizations to withdraw their support to the patient or sue the hospital for charging the insurer for services offered by an unqualified person.
References
Corazzini, K., Anderson, R., Rapp, C., Mueller, C., McConnell, E. & Lekan, D. (2010). Delegation in long-term care: scope of practice or job description? The Online Journal Of Issues in Nursing, 15(2), 1-8.
Masters, K. (2015). Role Development in Professional Nursing Practice. Burlington, MA: Jones & Bartlett Learning.
Penny, B. (2011). When Can You Say No? Nursing Critical Care, 6 (5), 48.
Russell, K. (2012). Nurse Practice Act Guide & Govern Nursing Practice. Journal of Nursing Regulation, 1 (1), 36-42.
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Question 
After reviewing the ANA position statement on “Rights of Registered Nurses when Considering a Patient Assignment,” discuss the legal and ethical implications of accepting assignments.
Legal Implications of Acceptance or Refusal of an Assignment
When delegating assignments to unlicensed personnel, what issues need to be considered? What insurance issues come into play? Analyze the legal principle of Respondent Superior.
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