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Accountability / Liability

Canadian Nurses Protective Society > Accountability / Liability

Access to Cannabis for Medical Purposes: What Every Nurse Should Know

Table of Contents What is the difference between the Cannabis Act and the Cannabis Regulations? Will the provincial or territorial legislation impose further limits on my nursing practice? Now that the Cannabis Act has come into force and cannabis is legal, am I free to do as I wish? Information for Nurse Practitioners Information for…

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Administration of medications not approved by Health Canada

Health Canada has adopted guidelines for the importation of health products under the Food and Drugs Act (the “Guidelines”) which allow Canadian citizens to import a variety of health products for their personal use.1 Under the Guidelines, Canadians may be able to import health products not otherwise authorized by Health Canada, which may include human…

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Ask a lawyer: Complementary Therapies

Question:  My patient has asked me to administer a complementary therapy in the form of a liquid herbal substance, which I do not know much about. What are my legal obligations? Am I able to refuse? Answer: Complementary therapies are therapies that are employed in conjunction with mainstream health-care practices.1 Examples of complementary therapies may include…

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Ask a lawyer: Good Samaritan

Question: I drove by a motorcycle accident on the way to work. As an experienced emergency room nurse, I stopped to assist the injured driver until paramedics arrived on scene. Was I legally obligated to stop and assist, and will I be liable for the care I delivered if the person does not fully recover?…

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Ask a lawyer: Providing cosmetic services

Question: I am thinking of taking a part-time job in a medical spa, injecting Botox and other fillers. What are the risks? Answer: Registered Nurses and Nurse Practitioners need to meet certain criteria when providing cosmetic procedures. For instance, nurses who provide cosmetic services are required to work within their scope of practice, as defined…

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Ask a lawyer: RN Prescribing

Question: My sister does not have a family doctor and she has asked if I can prescribe her birth control pills. As a registered nurse, am I authorized to prescribe contraceptives to a family member or friend? Answer: There are a number of issues to consider when determining if it is appropriate for a registered…

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Ask a lawyer: Volunteer work

Question: Am I protected if I do volunteer nursing work? Answer: The CNPS recognizes that nurses have valuable skills, knowledge and expertise that are an asset to their employer and to the public in general. Accordingly, some nurses may wish to volunteer to provide professional nursing services outside of the workplace setting on an unpaid…

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Ask a lawyer: Working with unregulated care providers

Question:  What are the liability risks for nurses who work with unregulated care providers in collaborative care teams? Answer: New and evolving models for health-care delivery have increased the opportunity for collaborative practice between physicians, nurses and other health-care providers, some of whom may not be regulated. Unlike regulated health-care professionals, unregulated care providers (“UCPs”)…

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InfoLAW: Delegation to Other Health Care Workers

In today’s busy health-care environments, delegation is a necessary component to assisting in facilitating effective and efficient patient care. However, when traditional nursing tasks are delegated to unregulated care providers (UCP) or workers, nurses should understand the associated implications for patient safety, quality of care and their own responsibility. 1. What is delegation? Delegation occurs…

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InfoLAW: Nurse as an Advocate

In the nursing profession, patient advocacy is usually discussed within an ethical framework. Is there a corresponding legal duty? Canadian court decisions have recognized the existence of a legal nursing duty to obtain proper care for patients, even when this requires nurses to seek assistance outside the usual treatment team (i.e. by speaking to someone…

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