Legal and Ethical Issues in Nursing Education: An Essential Guide / Edition 1

by Mary Ellen Smith Glasgow PhD, RN, ACNS-BC, ANEF, FAAN, H. Michael Dreher PhD, RN, FAAN, ANEF, Michael D. Dahnke PhD, John Gyllenhammer JD

Overview

Understand the legal framework that provides the structure of Nursing!

This is the only current text to critically examine the vast array of legal and ethical matters confronting nursing faculty in classroom and clinical settings. Designed to assist students preparing to be nurse educators, academic nursing administrators, and novice and seasoned faculty in making real-life decisions about academic issues within a legal and ethical framework. Replete with practical advice from experts in the fields of nursing, law, and ethics, this text guides the reader through legal and ethical principles, analyses of relevant case-based scenarios, and practical recommendations for handling problems in accordance with existing laws and institutional policy.

Clearly and concisely written and organized, this text provides a comprehensive description of the legal process, including higher education law, the courts, case law, the role of a university attorney, and how to read and cite judicial decisions. Real-world case scenarios and detailed analyses of pertinent issues, including coverage of incivility, discrimination, harassment, academic dishonesty, and freedom of speech, are examined from the perspective of students, faculty, and administrators.

Key Features:

• Written by a nursing dean, a former nursing dean, an ethicist, and a higher education attorney
• An entire section of legal and ethical cases, featuring a unique philosophical and ethical perspective
• Delivers best practices for nursing faculty
• Provides tips on when to consult the university attorney, critical elements to consider, actions to take when law and ethics conflict, helpful resources, and a glossary of legal terms
• An Instructor’s Manual and discussion questions facilitate teaching.

Product Details

ISBN-13:	9780826161925
Publisher:	Springer Publishing Company
Publication date:	09/16/2020
Pages:	420
Product dimensions:	6.90(w) x 10.00(h) x 0.90(d)

About the Author

MARY ELLEN SMITH GLASGOW, PhD, RN, ACNS-BC, ANEF, FNAP, FAAN, serves as Dean and Professor of Duquesne University School of Nursing. She has also served as Vice-Provost of Research during part of her current tenure at Duquesne. Dr. Glasgow previously served as Associate Dean for Nursing, Undergraduate Health Professions, and Continuing Education and Chair of Undergraduate Programs at Drexel University. Dr. Glasgow was selected as a 2009 Robert Wood Johnson Foundation Executive Nurse Fellow. As dean, under her leadership, enrollment and NCLEX-RN scores increased, and research and scholarship significantly expanded. Duquesne University School of Nursing is recognized as a national leader in nursing education, emphasizing social justice, digital technologies, and graduates with strong ethical reasoning skills. In 2015, she led the development of the first dual undergraduate Biomedical Engineering and Nursing Program in the country, and in 2017, a PhD in Nursing Ethics. Dr. Glasgow is an innovator in nursing and health professions, both nationally and internationally. At Drexel, she created a BSN Co-op Program, a BSN Accelerated Career Entry Program, Pathway to Health Professions Program, and other forward-thinking educational programs. She also advanced online pedagogy, developing one of the largest online nursing programs in the country. She previously served as Associate Editor for Oncology Nursing Forum, responsible for the Leadership and Professional Development feature column. She is the coauthor of four books, two of which have won first place in the American Journal of Nursing Book-of-the-Year Award. Dr. Glasgow has authored over 100 articles and book chapters and has presented nationally and internationally. She was inducted as a Fellow in the American Academy of Nursing, NLN Academy of Nursing Education Fellow, and as a Distinguished Fellow in the National Academies of Practice. She has been honored with the Villanova University College of Nursing Alumni Medallion for Distinguished Contribution to Nursing Education and received the Distinguished Alumni Award from Gwynedd-Mercy University. Recently, she served on the Health Service Executive and National Nursing and Midwifery Quality-Care Metrics Project Team to develop quality metrics for the country of Ireland.

H. Michael Dreher, PHD, RN, FAAN, ANEF, has long been an innovator in nursing and healthcare professions, both nationally and internationally. He is currently Professor of Nursing and Interim Dean of Health Sciences at the College of Staten Island, City University of New York (CUNY). He was also recently the Acting Chair of the Department of Nursing, overseeing the DNP program. Previously, he was Assistant Vice President and Associate Provost at Medgar Evers College, CUNY, in Brooklyn. At Medgar, he launched a BS in Financial Economics, the first fully online undergraduate degree program at CUNY. He served as Associate Vice President for Healthcare Innovation and Special Projects at The College of New Rochelle from 2017 to 2019 and Dean of the School of Nursing and Healthcare Professions from 2014 to 2017. At Drexel, he co-created a 5-year Co-op BS in Nursing, which became the largest provider of baccalaureate-prepared nurses in Pennsylvania, and developed an MS in Nursing Innovation. As the founding Chair of the Doctoral Nursing Department, he also launched one of the first Doctor of Nursing Practice programs in the United States, which included the first mandatory study abroad program for doctoral students. He has served as Associate Editor of Holistic Nursing Practice, writing a column on "Innovation, Health, and Healing," Associate Editor of Clinical Scholars Review: The Journal of Doctoral Nursing Practice, and Column Editor for "Practice Evidence." He is recognized as a national and international scholar on the professional/ practice doctorate. In 2010, he was appointed as the only non-UK citizen to the UK Council on Graduate Education's 2011 Report on Professional Doctorates Review Panel. He is the co-author of six books, three of which have won the American Journal of Nursing Book-of-the-Year Award. His most recent book was by ME Smith Glasgow, HM Dreher, MD Dahnke, and J. Gyllenhammer (JD), Legal and Ethical Issues in Nursing Education: An Essential Guide, 2e (2021). He has been funded by the John A. Hartford Foundation, the Center for American Nurses, HRSA, and various other agencies. He was inducted as a Fellow in the American Academy of Nursing in 2012 and an Academy of Nursing Education Fellow in 2017. He is a graduate of the University of South Carolina, Widener University, and the University of Pennsylvania.

Michael D. Dahnke, PhD, is a philosopher and bioethicist. He received his PhD in philosophy from Temple University and a BA in liberal studies from Bowling Green State University. In his career, he has worked across many interdisciplinary fields: Healthcare Ethics, Nursing Ethics, Medical Humanities, Healthcare Administration, Philosophy of Science in Nursing Practice, and Cultural Issues in Healthcare. His early work was in Aesthetics. He is the author and co-author of four books: Film, Art, and Filmart: An Introduction to Aesthetics Through Film (2007); first author on Philosophy of Nursing Science for Nursing Practice: Concepts (2011), which received a five-star review from Doody's (less than 2% of all health profession books reviewed earn this distinction). The second edition of this book (2016) received 2nd place in the American Journal of Nursing's Book-of-the-Year Awards in the Research Category. He was also co-author of ME Smith Glasgow, HM Dreher, MD Dahnke, and J. Gyllenhammer's (2020) Legal and Ethical Issues in Nursing Education: An Essential Guide. He has taught students in health care fields including nursing (Bachelors, Masters, and Doctoral), physician assistant, behavioral health science, and health care administration, as well as undergraduates from all types of majors in his Introduction to Philosophy, Ethics, Logic, and Business Ethics courses. He has published (and sometimes mentored undergraduate students as first author) in Critical Care Nurse, Journal of Bioethical Enquiry, Emergency Nursing, Advances in Health Sciences Education, International Journal of Healthcare Management, Journal of Neonatal Nursing, Holistic Nursing Practice, Auslegung: A Journal of Philosophy, MedSurg Nursing, and Philosophy Now. Dr. Dahnke's most influential work has been examining some fewer known aspects of the Terri Schiavo case, publishing "What we learn (and don't learn) from the Terri Schiavo autopsy" in Functional Neurology, Rehabilitation, and Ergonomics and "Levinas and the face of Terri Schiavo: Bioethical and phenomenological reflections on a public spectacle and private tragedy" in Theoretical Medicine and Bioethics. He was previously Clinical Associate Professor in the Department of Health Administration and Division of Graduate Nursing at Drexel University and Clinical Associate Professor in the School of Nursing and Health Professions at The College of New Rochelle. He is currently Adjunct Assistant Professor at the College of Staten Island (City University of New York — CUNY) and teaches at Seton Hall University.

John Gyllenhammer, JD joined the Drexel University Office of the General Counsel in 1997. John is the chief attorney responsible for all legal matters affecting the College of Medicine, College of Nursing and Health Professions and the School of Public Health and serves as the Office’s managing attorney for all administrative, financial and personnel matters.

Table of Contents

Preface

About the authors

Contributors

Note from Authors

Acknowledgements

Section I: Revisiting the Legal Process

• An Introduction to the Legal Process: A Primer
• Legal Issues Commonly Encountered by Faculty and Academic Administrators
• How to Read a Judicial Decision
• 4. The Role of the University Attorney: When the Academic Nursing Administrator Comes Calling

Section II: The Ethics Dimension of Legal and Ethical Issues in Nursing Education

• Basic Primer on Applied Ethics
• The Ethics of Nursing Education

Section III: Legal and Ethical Cases with Nursing Students, Faculty, & Administrators

Each of the following will be an individual case:

• Neutrality, Confidentiality and Independence: The Role of the Ombudsman When a Student Files a Complaint
• Neutrality, Confidentiality and Independence in the Role of the Ombudsman: When a Faculty Files a Complaint
• Due Process Issues for the Student
• A Critical Explanation of what ‘Academic Freedom’ really is and what it is not!
• Intellectual Property: – When faculty members misrepresent a work-product as their own
• The Tenure Process
• Harassment
• Managing Issues of Student Complaints of Discrimination
• Academic Dishonesty Among Students
• Academic Freedom Issues for the Student
• Incivility: Faculty on Faculty and Academic Nursing Administrator on Faculty, Their Subordinates
• Conflict of Interest in the Faculty Role
• Disability Issues for the Student
• When Academic Nursing Policies are Ignored, Not Enforced, or Overruled?
• Individual Rights and Public Safety: Addressing Conduct and Mental Health Issues Among Students
• Substance Misuse: Assessment and Confrontation in the Nursing Education
• Medical Marijuana and Nursing Students: An Evolving Higher Education Quandary

Section IV: Specific Clinical Education Issues

• Clinical Probation and Failure
• The Testing Environment
• Changing the NCLEX-RN to the Clinical Judgment Measurement Model: Educational, Legal, and Ethical Implications
• Creating a Safe and Ethical Nursing Education Environment

Section V: Specific Issues Confronting Adjunct Faculty in the Clinical Agency and Classroom

• Confronting Adjunct Faculty Issues in the Classroom and Clinical Agency
• Student-Faculty Professional Boundaries in the Academic and Clinical Environment
• Addressing Students with Mental Health Issues or Psychiatric Disabilities
• A Bad Action: Is it Ethical, Illegal, or Both?