N108: Transition to the Registered Professional Nurse Role Study Guide Occupational Safety and Health Review Committee mandates that employers must provide employees with protective equipment such as goggles, gloves, and protective needle systems. The Blood Borne Pathogens Standard also sets specific requirements for employers to identify, evaluate, and implement the use of safer medical devices. This act also mandates requirements for maintaining a sharps injury log, as well as the involvement of non-manager healthcare workers in evaluating and choosing medical devices. The Safe Medical Devices Act of 1990 encourages clinicians to report information about medical devices that harm patients. The Food and Drug Administration and the manufacturer of the device should be notified if a medical device causes or contributes to the death, serious injury, or illness of a patient. The FDA is responsible for the regulation of the medical device industry. The Family Educational Rights and Privacy Act of 1974 provides that students in nursing school may have access to their academic agents. This act also mandated informed consent for those participating in research. The Controlled Substances Act controls the distribution and use of controlled substances, such as narcotics, depressants, stimulants, and hallucinogens. Narcotics have to be reviewed every 72 hours. The Family Medical Leave Act (FMLA) allows work leaves based on family or medical needs. Liability Nurses are less likely than doctors to face lawsuits. However, nurses who may be concerned about the possibility of being sued may purchase malpractice liability insurance . There are two kinds of malpractice liability insurance: occurrence and claims made. Occurrence insurance covers incidents that may occur during any time that the insurance is in force. Claims made insurance covers a claim made while the insurance is in force. This means that if the incident occurs while the insurance is in force but the claim is made after insurance is dropped, the claim is not covered. Typically, these insurance policies cover malpractice defense costs and any judgment awarded. Professional Liability A liability is an obligation or debt that can be enforced by law. A person found guilty of any tort (whether intentional or unintentional) is considered legally liable, or legally responsible for the outcome. The person legally liable usually is required to pay for damages to the other person. These may include the actual cost of care, legal services, loss of earnings (present and future), and compensation for emotional and physical stress suffered. • Nursing liability (personal): As an educated professional, the nurse is always legally responsible or liable for actions • Institutional liability (employer): An employer can be held responsible for torts committed by an employee. • Supervisor liability: In the role of supervisor, or any other role that involved delegation, supervision, or direction of other people, the nurse can be liable for the actions of others.