NMC CBT NMC-CBT Legal Frameworks, Consent, and Capacity 3 — Questions and Answers
Question 1: A nurse discovers that a colleague has been administering medications without documenting them. Under the NMC Code, what is the nurse's primary obligation?
- Speak to the colleague privately and give them time to self-correct
- Raise the concern immediately through appropriate channels to protect patient safety (Correct answer)
- Wait until the annual appraisal to formally raise the issue
- Report only if a patient suffers actual harm as a result
Correct answer: Raise the concern immediately through appropriate channels to protect patient safety
The NMC Code requires nurses to raise concerns immediately when patient safety is at risk, regardless of whether harm has yet occurred.
Question 2: Under the Equality Act 2010, which characteristic specifically protects patients who follow a particular religion from discrimination in healthcare settings?
- Belief
- Religion or belief (Correct answer)
- Culture
- Nationality
Correct answer: Religion or belief
Religion or belief is one of the nine protected characteristics under the Equality Act 2010, covering both religious belief and philosophical belief.
Question 3: A patient is brought to the ED unconscious with no advance decision. Paramedics say the patient told them verbally not to be resuscitated. How should the team proceed?
- Honour the verbal statement and withhold resuscitation
- Attempt resuscitation as the verbal report is not a valid advance decision (Correct answer)
- Contact the family immediately before making any decision
- Await a court order before proceeding
Correct answer: Attempt resuscitation as the verbal report is not a valid advance decision
A verbal statement is not a legally binding advance decision under the MCA 2005; resuscitation should proceed until a valid, signed ADRT is confirmed.
Question 4: Which of the following correctly describes the legal status of a Lasting Power of Attorney (LPA) for Health and Welfare?
- An LPA holder can make decisions for a person who still has capacity
- An LPA for Health and Welfare only activates when the donor lacks mental capacity (Correct answer)
- An LPA allows the attorney to consent on behalf of a detained MHA patient
- An LPA is automatically created when a spouse is next of kin
Correct answer: An LPA for Health and Welfare only activates when the donor lacks mental capacity
An LPA for Health and Welfare only comes into effect when the donor lacks mental capacity to make the specific decision in question.
Question 5: What is the legal significance of the 'zone of parental control' in the context of the Mental Health Act for patients under 18?
- Parents can admit children to psychiatric units without any legal authority if they consent
- Parents have unlimited authority to make all decisions for children under 16
- Parental consent can only authorise an informal admission if it falls within the zone of parental control and the child does not object (Correct answer)
- The MHA cannot apply to anyone under 18
Correct answer: Parental consent can only authorise an informal admission if it falls within the zone of parental control and the child does not object
Parental consent can authorise informal admission of a minor to a psychiatric unit only if the decision falls within the zone of parental control and the child does not competently object.
Question 6: A nurse working in a GP surgery receives a request from an insurance company for a patient's medical records. What is the correct action?
- Release the records as insurance companies are authorised to access all patient data
- Obtain explicit written consent from the patient before releasing any records (Correct answer)
- Release a summary only without seeking consent
- Refuse all requests from third parties under any circumstances
Correct answer: Obtain explicit written consent from the patient before releasing any records
Patient medical records are confidential and cannot be released to third parties such as insurers without the patient's explicit written consent.
Question 7: Under the Human Rights Act 1998, which Article is most directly relevant when a patient claims their treatment in a hospital was degrading?
- Article 2 — Right to Life
- Article 3 — Prohibition of Torture and Inhuman or Degrading Treatment (Correct answer)
- Article 8 — Right to Respect for Private and Family Life
- Article 14 — Prohibition of Discrimination
Correct answer: Article 3 — Prohibition of Torture and Inhuman or Degrading Treatment
Article 3 of the HRA 1998 prohibits torture and inhuman or degrading treatment, and is directly applicable to complaints of degrading hospital care.
NMC CBT NMC-CBT Legal Frameworks, Consent, and Capacity 3
A nurse discovers that a colleague has been administering medications without documenting them.
Under the NMC Code, what is the nurse's primary obligation?