NURS3375 Health Policy & Legal Aspects: Safe Harbor – Module 4 Assignment Solution

Safe Harbor

Due to staffing shortages and the unpredictability of hospital needs, nurses are sometimes asked to take on assignments outside their normal routines.  As a healthcare professional, you must understand your options when asked to take on such assignments, the risks associated with accepting some assignments, and the protections afforded you by the law.  Reflect upon your learning about the Safe Harbor protection as well as any experiences you have had in this realm.  Then follow the instructions and complete the Safe Harbor form based upon a fictitious scenario.

Refer to your course readings and lectures as you complete the assignment.

Performance Objectives:

• Explain and apply appropriate options regarding acceptance or rejectionof assignments, including the use of Safe Harbor.
• Answer fill in the blank questions according to the readings this week.

Part 1: Safe Harbor Scenario and Questions

Nursing safe harbor is a law that nurses can use to absolve themselves of liability when forced to commit an act that the nurse believes violates Texas Board Statutes and Rules. Every nurse should be aware of the statutes and rules governing their profession. If a patient, supervisor or doctor asks the nurse to violate one of these rules, the nurse can invoke safe harbor before committing the act to ensure that they aren’t held legally responsible for what happens next. This protects them from facing punitive measures from their employer, losing their nursing license or being sued in court for putting a patient’s life in danger.

Explore the Case Study Scenario and place yourself in this situation. Answer the following questions according to your knowledge of Safe Harbor from the lectures and readings this week.

On Sunday, August 6th, you arrive to Saint Luke’s Hospital at 7pm for your night shift and clock into the ICU. Maria, the Charge Nurse, approaches you as you are putting your bag in a locker. “Thank goodness you are here”, she says. “You are going to have to take extra patients tonight. I am dealing with 2 nurses who just called in sick. Your assignment tonight will include the septic and stroke patients you had last night, but you also need to take on two more- one with a brain aneurysm and one that is post op major cardiac surgery.”

You know that this is an impossible task and would be placing the patients in serious harm. You ask if anyone can float to the floor or if someone can be called in, but no one is available. “This is all on you. I need you to be a team player here,” says Maria. You decide to claim Safe Harbor and find Christine, the Nurse Supervisor, who will invoke the Quick Request form on your behalf?

1). What are the 4 choices every RN has when given an assignment?

1).

2).

3).

4).

2). Based on the scenario above, you have decided to claim Safe Harbor. Refer to Rule 217.11 Standard of Nursing Practice, specifically Rule 217.11 1(T). Type the Rule as it appears into the first text box. Based on this rule, why did you claim Safe Harbor? Type in second box.

https://www.bon.texas.gov/rr_current/217-11.asp

Rule 217.11 1(T)-

Why did you claim Safe Harbor?

3). Name the two forms that need to be completed both before and after your shift. ***Update Spring 2020, you can now invoke orally to supervisor who then can record the event, but forms still must be filled out***

1.

2.

Part 2: Safe Harbor Quick Request Form

Below you will find the Safe Harbor Quick Request Form that must be completed before you engage in the care of these patients. Fill out the text box portion as you are the nurse in the scenario.

Do NOT fax or mail this form to the BON. Give it to your supervisor.

BON Safe Harbor Quick Request Form

A valid Safe Harbor Quick Request must include the following information (  ):

• ?? Name(s) of the nurse(s) invoking safe harbor:
• ?? Name of the supervisor recording the safe harbor invocation on behalf of the nurse(s), if applicable [*Required if the nurse(s) orally invoke(s) safe harbor in accordance with NPR Law §303.005(b-1).]:
• ?? Date and time of the safe harbor invocation:
• ?? Location where the requested conduct or assignment that is the subject of the safe harbor invocation occurred:
• ?? Name of the person who requested the nurse(s) engage in the conduct or made the assignment that is the subject of the safe harbor invocation:
• ?? BRIEF explanation of why the nurse(s) is(are) requesting a nursing peer review committee determination [For assistance, please review Board Rules 217.11 &217.12.]:

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?? Signature(s) of the nurse(s) invoking safe harbor [*This form must be signed by the nurse(s) invoking safe harbor even if the supervisor completes the form in accordance with NPR Law §303.005(b-1) & (b-2).]:

Your Typed Signature:

?? Signature of the supervisor recording the nurse’s safe harbor invocation, if applicable [*Required if the nurse(s) orally invoke(s) safe harbor.]:

Your Supervisors Typed Signature:

DO NOT FAX OR MAIL THIS FORM TO THE BON. GIVE THIS FORM TO THE SUPERVISOR WHO MADE THE ASSIGNMENT OR REQUESTED THE CONDUCT FOR WHICH YOU ARE INVOKING SAFE HARBOR, AND KEEP A COPY FOR YOUR RECORDS.

This Safe Harbor Quick Request Form is part 1 of 2 for valid invocation of safe harbor. Please complete part 2 of 2 (the Comprehensive Written Request for Safe Harbor Nursing Peer Review) before leaving the work setting at the end of the work period.

Submit this Assignment Document into Canvas for grading.