• Title/Summary/Keyword: Nursing Law

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A Study on the Legal Responsibility of Nurse (간호사의 법적 책임에 관한 연구)

  • Beom, Kyung Chul
    • The Korean Society of Law and Medicine
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    • v.15 no.2
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    • pp.285-316
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    • 2014
  • As the number of medical disputes regarding nurses has increased after medical disputes have increase, there is a need for a study on it. However, the legal relationship between nurses and patients has not yet been analyzed. Recently, the role and function of nurses are expanded according to the development of the science of nursing; moreover their activity and limitation of responsibility are also expanded. For this reason, the medical disputes regarding nurses have been increasing. However, the majority of these kind of dispute are just passed over because their practice is usually considered to be a mere action to assist doctor's role. In addition, nurse practice is not a secondary action of doctor's role, but forms part of a medical treatment. Of course, nurses handle many secondary tasks after doctors finish their medical treatment. But this is only part of the whole tasks of nurses. Furthermore, the general details of their medical treatment are not different from those of doctors because they also belong to the medical service personnel. Considering these features of nurse and the medical condition in South Korea, their task is becoming increasingly developed and specialized and they are also establishing their own field. With this stream of times, there is a growing interest in enacting a Nursing Practice Act, in other words, the independent law on nurse for the sake of patient safety and national health promotion. Then, their responsibility will distinctly be expanded as much more. That is, the time that nurses practice their medical care by following doctors' order and also pass over their responsibility to doctors is closed. Thus, this study examines the features and responsibilities of nursing practice, and discusses an institutional framework to efficiently cope with the legal disputes between nurses and patients. It aims to throw light on the decision making on nurse-patient disputes in future.

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The Reliability and Validity of Korean Version of Wong and Law Emotional Intelligence Scale (K-WLEIS) (한국어판 감성지능 측정도구의 신뢰도와 타당도 검증)

  • Jeong, Harim;Choi, Heejung;Park, Myungsook
    • Journal of Korean Academy of Nursing
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    • v.50 no.4
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    • pp.611-620
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    • 2020
  • Purpose: The aim of this study was to evaluate the reliability and validity of the Korean version of the Wong and Law Emotional Intelligence Scale (K-WLEIS). Methods: Data were collected from 360 nursing students using a self reported questionnaire. Exploratory and confirmatory factor analysis were used to test construct validity. Convergence validity was identified by correlation with communication competency. Item convergent and discriminant validity were also analyzed. Reliability was evaluated internal consistency and test-retest reliability. Results: The results of exploratory factor analysis showed that the eigen values ranged from 1.34 to 5.86 and 73.2% of the total explained variance. Confirmatory factor analysis showed adequate model fit indices (χ2/df 1.89, RMSEA .07, GFI .89, CFI .95, and TLI .93) and standardized factor loadings (.48 to .87). The average extracted variances (.71 to .79) and composite reliability (.80 to .87) validated convergence and discriminant validity of the items. Test-retest reliability of intra-class correlation coefficient was .90 and the Cronbach's alpha coefficient was .88. Conclusion: The K-WLEIS is an appropriate scale for measuring the emotional intelligence of Korean nursing students. Therefore, it is expected that the K-WLEIS will be used for nursing education programs to improve nursing students' emotional intelligence.

A Nurse Scheduling Support System (간호인력 배치 시스템)

  • Choi, Yong-Sun;Park, Jung-Ho;Park, Hyeoun-Ae;Cho, Hyun;Han, Hae-Ra
    • Journal of Korean Academy of Nursing Administration
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    • v.2 no.2
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    • pp.73-83
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    • 1996
  • Scheduling for nursing personnel involves many factors and requirements. Therefore, manual scheduling requires much time and effort to produce an adequate schedule. This paper introduces a PC based nurse scheduling support system which was developed in Microsoft Access 2.0, an easy to use data base management tool. First step of this system is to determine necessary number of nursing personnel by medical law or by patient classification. Current Korean medical law stipulates that number of patients attended by a nurse is 2.5 for hospitalization. In addition, necessary nursing personnel by patient classification was determined four nurses for seven patients in this system based on the authors' preliminary study. And the second step is to assign daily duty type for each nurse at every nursing unit automatically. The introduced system fully utilizes the GUI environment of Microsoft Windows and even makes the computer-novice nurses feel comfortable in using the system. This system can help nursing administrators improve nurse scheduling in a way of quick and easy schedule generation for the future, and allow nurses more time for patient care.

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From Their Own Response: Experiences of Korean Children with Chronic Illness and Their Families

  • Park, Eun-Sook;Oh, Won-Oak;Suk, Min-Hyun;Yoon, Young-Mi
    • Child Health Nursing Research
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    • v.15 no.4
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    • pp.350-358
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    • 2009
  • Purpose: This study was done to better understand how sick children and their families define chronic illness; what behaviors they used for managing chronic illness; and how they perceived the socio-cultural context of Korea. Methods: This study was a secondary analysis of qualitative studies. Articles on children with a chronic illness and their families located in electronic databases were selected for review. Twenty one qualitative studies were reviewed. Qualitative studies that had used an analysis tool, the Family Management Style Framework were reviewed. Results: Children with chronic illness and their families tended to accept illness as a negative outcome and thought that they were deprived of the context of normality. In the traditional Korean family style, parents-in-law demand absolute obedience from their daughter-in-law, leading to a conflict between the two parties, which, in turn, may have negatively affected their perceptions of chronic illness. Western and oriental medical treatments were used, and participants sought an array of folk remedies. Conclusion: Culturally specific findings can help to better understand the difficulties faced by children with a chronic illness and their families and can provide invaluable input into the development of culturally appropriate and sensitive nursing interventions.

The Scope of Practice for Registered Nurses in 64 South Korean Laws

  • Choi, Sungkyoung;Jang, Seung Gyeong;Lee, Won
    • Journal of Korean Academy of Nursing
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    • v.49 no.6
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    • pp.760-770
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    • 2019
  • Purpose: The role of registered nurses is expanding in scope as the healthcare paradigm shifts from acute, hospital-based care to community and population-based care. Given this paradigm shift, this study explores the legal aspects of the role of a registered nurse. Methods: We used document analysis for extracting laws and legal orders related to nursing from the entirety of Korean law. Using textualism approach, we examined the contents utilizing a framework that was developed based on the role classification of community nurses by Clark in this study. Results: A total of 119 items related to nursing were derived from 64 laws. Of these, 71.4 % can be performed by people in multiple types of occupations including nurses. As a result of analyzing required qualifications, 45.4% of 119 items required additional qualifications besides registered nurse license. Analysis of workplace and activity type demonstrated that 26.1% of the 119 items were related to medical institutions, with nurses performing mostly "Client-oriented role." More than half (68.9%) were non-medical institutions, with nurses performing mostly "Delivery-oriented role." Some, however, did not stipulate the nurse's roles clearly. Conclusion: Therefore, to match the enhanced scope and responsibilities of registered nurses and to appropriately recognize, guide, and hold these nurses accountable, laws and policy must reflect these changes. In doing so, these updated laws and policies will ultimately serve as a basis for improving the quality and safety of nursing services.

Advanced Practice Nurse System and Unlicensed Medical Practice (전문간호사 제도와 무면허 의료행위 - 대법원 2010.3.25. 선고, 2008도590 판결 중심으로 -)

  • Kim, Kyoung-Reay
    • The Korean Society of Law and Medicine
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    • v.11 no.1
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    • pp.173-198
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    • 2010
  • There is a system in Korea named "Advanced Practice Nurse System" qualified by the Minister of Health, Welfare and Family Affairs for Advanced Practice Nurse besides nurse licence. Medical practice is, in today's medical law, understood as a general concept colligating medical practice, nursing practice and midwife practice and so on, for it is defined as a deed of medical technique practiced by medical personnel. Referring to the fact that the Supreme Court recognizes medical personnel as people who have medical expert knowledge, nursing practice can be recognized as a region of medical business and therefore it is not necessary to prescribe nursing practice separately from the definition of medical practice on a precedent, because nurse belongs to medical personnel. According to the precedent regarding 'Unlicensed Medical Practice of Advanced Practice Nurse for Anesthesia' recently sentenced by the Supreme Court, the medical practice is only allowed a doctor because it is 'in need of special knowledge and experience because of high danger on human body' and it is judged to be an unlicensed medical practice prohibited in medical law if it is to be done by a nurse. When considering the actual situation that System for Advanced Practice Nurse for Anesthesia is established under the circumstance that an anesthetist is in want and therefore the operation has not been performed on time, and that it is being expected an anesthetist to be in need, it is necessary to legislate for the range of medical practice of Advanced Practice Nurse so that Advanced Practice Nurse System can be practically legalized, for the role of Advanced Practice Nurse has the great possibility of shrinking because the precedent has considered Advanced Practice Nurse for Anesthesia doing anesthetic operation in clinic today as a potential wrongdoer.

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Policy Implications of Nurse Staffing Legislation (간호사 배치기준에 대한 정책적 함의)

  • You, Sun-Ju
    • The Journal of the Korea Contents Association
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    • v.13 no.6
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    • pp.380-389
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    • 2013
  • The nurse staffing level in the acute care hospitals affects patient safety and performance, and the nurse staffing legislation can be an important tool to guarantee the minimum nurse staffing. In Korea, although the medical law suggests the nurse staffing standards, it is necessary to revise the medical law for quality of nursing care and patient safety. Firstly, the nurse staffing standards in the current medical law enacted in 1962 needs to be revised to reflect changes in health care environment. Secondly, legal nurse staffing standards in the medical law are the minimum nurse staffing that medical institutions should comply with and thus must be managed so that all medical institutions should abide by them. Thirdly, the nurse staffing standards should apply on the basis of RN-to-patient ratios per shift in order to help patients understanding and ensure the easy management. Fourthly, the information of nursing staff level by the nursing unit and nursing shift in hospitals shall be released.