Codes of Ethics, Legal Authority, and You: A Practical Guide for Nurses

Disclaimer

This article contains information based on my education, professional knowledge, and clinical experience. I am not an attorney; this content is for informational purposes only and should not be construed as legal advice.

Introduction

You recently researched the topic of professional responsibility. It referenced a code of ethics. You wondered how you could violate it. You wondered what would happen if you did. You wondered if the publishing organization could do anything about it.

These are the right questions to ask.

Confusion surrounds codes of ethics and their authority. Why? Because, well, put plainly, the use of such codes and their authority is confusing. Many healthcare professionals treat codes of ethics as if they were laws. Some think codes of ethics have no force at all. Most fall somewhere in between, uncertain about what codes require and what happens if they violate them.

The truth is nuanced. Codes of ethics matter. They shape professional practice. They establish standards that employers and professional organizations take seriously. But they are not laws. In some instances, they can be enforceable regulations. In others, they are merely aspirational guidelines that carry significant evidentiary weight. Understanding this distinction is critical for healthcare professionals. Understanding when ethical violations become legal violations can protect your career and your license.

This article walks you through that understanding. It starts with the basics of what codes of ethics are and how they are developed. It explains how codes differ from law. It shows you where codes sit in the authority hierarchy. Then it brings it down to you. It explains the meaning of codes for healthcare professionals, nurses, and legal nurse consultants.

What Are Codes of Ethics

Professional codes of ethics are written guidelines for how members of a profession should conduct themselves. They establish standards for behavior. They describe what the profession considers right and wrong. They define professional responsibility.

Every profession has its own code of ethics. Attorneys have them. Physicians have them. Nurses have them. Engineers have them. Social workers have them. The specifics differ, but the purpose remains the same. Codes of ethics exist to establish professional standards and, in many instances, to protect the public.

Who develops codes of ethics? Great question! Different organizations do this work. Sometimes professional associations develop them. The American Nurses Association (ANA) developed the ANA Code of Ethics for Nurses. The American Association of Legal Nurse Consultants (AALNC) has developed its own Code of Ethics for legal nurse consultants. The American Bar Association (ABA) developed the Model Rules of Professional Conduct. These are voluntary professional organizations. Their members choose to join and typically follow their guidance.

Other codes originate from regulatory agencies or those with enforcement authority. State boards of nursing sometimes develop codes of conduct. They exist as part of the regulatory framework. The difference between these two sources matters enormously. A code from a voluntary professional organization is different from a code issued by a regulatory body. Moreover, there are times when a regulatory body will adopt a code written by a professional organization instead of penning its own, making it an enforceable regulation. Understanding the true source of a code reveals its authority.

How are codes developed? Another great question! Codes are typically developed through a collaborative process. Experts in the field identify important ethical issues. They discuss what the profession should require. They draft language. They revise based on feedback. They adopt the final version. Some codes go through extensive public comment periods. Comment periods are a best practice to seek input from the community at large. Some are developed by smaller working groups. The process varies, but intentionality is typically there.

Codes of Ethics vs. Law

Here is the fundamental truth. Codes of ethics and laws are not the same thing.

Laws are mandatory. They are created by legislative bodies or constitutional authority. They apply to everyone in a jurisdiction. Violation brings legal consequences. Governments enforce laws through police and court systems. Violation can result in fines, imprisonment, or jail time.

Regulations are rules provided by governmental entities with specific enforcement authority. They are typically granted this authority through either federal or state statute. Regulations carry a similar weight to law and are also enforceable. You have likely heard of many of these on the federal level, such as the Environmental Protection Agency, the Food and Drug Administration, and the Securities and Exchange Commission. State legislatures also grant regulatory authority to state entities that issue regulations. Most applicable for our discussion is the state-specific Board of Nursing. 

So where do codes of ethics fit in? Most codes of ethics start as aspirational guidelines. Voluntary professional organizations create them. They establish professional standards. They describe what the profession values. However, they are neither laws nor regulations. Violation does not automatically bring legal consequences. Voluntary professional organizations lack enforcement authority. The American Nurses Association (ANA) does not have the authority to discipline a nurse. However, if a state-specific board of nursing has formally adopted the ANA’s Code of Ethics within its statutory or regulatory framework, the board of nursing can enforce the code. Regulatory bodies enforce their codes through professional discipline. Oftentimes, instead of formally adopting a code of ethics, boards issue vague regulations surrounding “professional misconduct” and then use the code of ethics as evidentiary support of how a nurse’s actions rose to the level of professional misconduct. Again, as you can see, the weight of the code of ethics is incredibly nuanced.

Many assume that violating a code of ethics means breaking the law. This isn’t necessarily the case. Typically, if you have broken the law, you have also violated your professional ethical code. However, just because you deviated from your profession’s code of ethics does not mean that you’ve automatically broken the law. It requires a deeper analysis.

Many violations involve both ethical and legal considerations. Stealing from patients is a violation of the nursing code of ethics. It also violates criminal law and property law. Falsifying records violates nursing codes. It also violates fraud laws. These actions breach both realms.

Many ethical violations have no legal consequence at all. A nurse calls in sick to work but is taking a vacation day instead. This violates the codes of ethics. It breaches professional honesty. The nurse might be written up. The nurse might lose their job. There will most likely be consequences. However, the state board of nursing will not act against the nurse's license. No laws were broken. Public safety was never in jeopardy. It was an ethical violation with workplace consequences, not legal consequences.

Conversely, some legal violations might not be ethical violations in the same way. The codes often push professionals to go beyond what the law requires. The law sets a minimum standard. Codes often push for more.

Context matters tremendously. The same action can be a minor ethical lapse in one situation and a serious violation with legal consequences in another. The key is understanding the specific facts.

Understanding Legal Authority and Hierarchy

The legal system organizes authority into categories. Lawyers talk about mandatory authority, persuasive authority, and secondary authority.

Mandatory authority refers to law that courts are required to follow. It is binding. A court in your state must follow the statutes passed by your state legislature. A court must follow decisions from higher courts in its system. A court must follow the Constitution. Mandatory authority comes from sources that have the power to create binding law.

Persuasive authority refers to law or guidance that courts can consider but are not obligated to follow. It comes from sources that do not have direct power over the court. A court can look at decisions from other states. A court can consider law review articles. A court may consider professional guidance. But none of these are mandatory. The court can disagree and proceed independently.

Secondary authority refers to materials that explain the law rather than create it. Law dictionaries are a secondary authority. Restatements of law are secondary authority. Treatises that analyze law are a secondary authority. These materials help people understand the law, but they do not create law themselves. Interestingly, many laws we have today came from restatements. Wait, I just said secondary authorities do not make law. How is that so? Well, courts often formally adopt restatements into common law through judicial opinion. The restatement did not create the law. Instead, the Court used the restatement and created new law. Could it be any simpler (with sarcasm)? Again, as with most things in the justice system, it is incredibly complex and nuanced.

Where do codes of ethics fit into this hierarchy? The answer depends entirely on who issued the code or who has adopted it.

Some codes of ethics are binding and mandatory. These come from regulatory agencies or government bodies that have the authority to create binding requirements. Kentucky's Rules of Professional Conduct for attorneys are binding. The Supreme Court of Kentucky issues these rules and grants the Kentucky Bar Association the regulatory authority to enforce them. Violation brings professional consequences, often in the form of disciplinary action by the board. These are mandatory authorities.

Other codes of ethics are not binding. They come from voluntary professional organizations with no legal authority. We just mentioned the Kentucky Rules of Professional Conduct and its binding nature. Surely the American Bar Association’s Model Rules are binding if the state’s rules are, right? Wrong! The American Bar Association's (ABA) Model Rules of Professional Conduct are not binding. The ABA is a voluntary organization. The ABA lacks the authority to enforce its rules. These rules are not mandatory authority. Nonetheless, many states have used the ABA’s Model Rules as a guideline for creating their state-specific rules. The interrelation of binding and non-binding codes of ethics cannot be overstated.

Here is what matters to you. Even when codes of ethics are not binding, they matter greatly! Codes of ethics serve as evidentiary support for customary practice and accepted standards of practice. Courts look to these codes. Regulatory bodies look to these codes. When someone is accused of professional misconduct, both binding and non-binding codes are considered as evidence of what the profession expects.

A court does not have to follow the ABA Model Rules because they are not binding. A court can, and often will, consider them as evidence of professional standards. The court can use them to understand what attorneys should do. The court can cite them to support a finding of misconduct. The code is persuasive even if not mandatory.

Why does this matter? Because it tells you that codes of ethics affect you even if they are not a binding law. It indicates whether a court is required to follow a code or may consider it. It tells you whether a violation creates automatic legal liability or creates evidence that can be used against you.

Understanding the source of the code reveals its legal standing. Understanding the source tells you whether the code is mandatory or aspirational. But regardless of standing, codes of ethics matter as evidence.

The Case of Attorney Ethics and Bar Association Authority

Attorneys provide a good example of how this works. The American Bar Association is a voluntary professional organization. Attorneys can join or not join. The ABA develops the Model Rules of Professional Conduct. These guidelines provide comprehensive instructions on how attorneys should conduct themselves.

Are the ABA Model Rules binding on attorneys? No. They are not. The ABA has no power to enforce them. The ABA cannot fine attorneys. The ABA cannot suspend an attorney's license. The ABA cannot force anyone to follow its rules. The ABA is a voluntary professional organization. It has influence but not authority.

Why not? Due to the structure of the legal system. The Constitution reserves certain powers to the states. Regulating professions is one of those powers. Each state has the power to decide how attorneys in that state will be regulated. The U.S. Supreme Court has the authority to regulate attorneys who practice before it. But it does not have authority over all attorneys in the country. That authority rests with the states.

The state supreme court decides how attorneys in that state will be licensed and regulated. The state supreme court decides how attorneys will be disciplined for ethical violations. The state supreme court holds the ultimate authority.

How does the state supreme court exercise this authority? It depends on the state.

Some states have mandatory bar associations. Every attorney who practices in that state must be a member of the state bar association. The state supreme court creates the state bar association. It is not a voluntary organization. It is a regulatory entity. The state supreme court has delegated day-to-day oversight of attorneys to the state bar association. The state bar association enforces the ethical rules. The state bar association disciplines attorneys who violate those rules.

Other states, although the minority, have voluntary bar associations. Attorneys can choose to join or not join. The state supreme court reserves the power to license and discipline attorneys, although it typically delegates day-to-day oversight to an independent disciplinary body. This disciplinary body is created by the state supreme court. It is not a voluntary organization. It is a regulatory entity. The disciplinary body enforces the ethical rules. The disciplinary body disciplines attorneys who violate those rules.

In both cases, the key is the delegation from the state supreme court. The state supreme court has constitutional authority. The state supreme court creates and approves a regulatory agency, delegating to it the authority to regulate. That regulatory agency now has the authority to publish regulations and enforce them with oversight from the granting organization, in this case, the state supreme court.

Most states have a state-specific version of the Model Rules of Professional Conduct. These are the state's version of the attorney ethical rules. They are often based on the ABA Model Rules, but they are not identical to them. They are the state's rules. They are adopted by the state supreme court or through the regulatory process, which the state supreme court oversees. These state-specific rules are binding. These state-specific rules are enforceable. Attorneys who violate them face discipline.

Why is the state-specific code enforceable when the ABA Model Rules are not? The answer is delegation and authority. The state supreme court has constitutional authority. The state supreme court adopts or approves the state-specific code. The state supreme court has delegated enforcement to a regulatory body. That delegation carries authority. That code becomes binding.

The ABA Model Rules do not have such backing. The ABA is voluntary. The ABA has no government authority. No state supreme court has delegated authority to the ABA. The ABA cannot enforce its rules. The ABA Model Rules are persuasive. Courts can look to them. They often influence attorneys. Yet, they are not mandatory. They are not binding. They are not enforceable.

This is a crucial distinction. Understanding who issued the code and what authority they have determines whether the code is binding or merely aspirational.

Nursing Regulation and Codes of Ethics

Nursing regulation operates similarly, but with some notable differences.

Each state has a board of nursing. The state legislature creates the board of nursing through statutory law. The legislature then delegates the board of nursing regulatory authority through statutory law. The board of nursing is now a regulatory agency. It has the authority to regulate nurses in that state, as granted by the state legislature. This sequence is often found in the state-specific Nurse Practice Act, which is the set of statutes governing nursing practice.

The Board of Nursing can discipline nurses who violate the Nurse Practice Act. The board can issue citations. The board can order remedial education. The board can suspend or revoke licenses. The board enforces the Nurse Practice Act, which is the state’s specific laws and regulations governing nursing practice.

Now, the American Nurses Association is a professional organization. Nurses can choose to join or not join. The ANA developed the ANA Code of Ethics. Is this code binding? No. The ANA is not a regulatory agency. The ANA has no delegated governmental authority to discipline nurses. The ANA has no power over anyone's license. The ANA Code of Ethics is aspirational in nature. It describes the general values of the nursing profession. It is not mandatory or binding in and of itself. It is not enforceable by the ANA.

However, this does not mean the ANA Code is irrelevant. The state board of nursing can use the ANA Code. When a nurse is accused of unprofessional conduct, the board of nursing can look to the ANA Code of Ethics. The board can use the code as evidence of what the nursing profession expects. The board can cite the code in its decision. However, the board is typically enforcing the Nurse Practice Act. The code supports the enforcement. The code does not create the enforcement.

Similarly, some boards of nursing may adopt the ANA Code of Ethics by name within their Nurse Practice Act or other regulatory framework. Is the code binding now? It is, but not through the ANA. It now carries binding authority because it has been adopted by the state-specific board of nursing, which has been delegated legislative authority to enforce laws and regulations against nurses. See the difference here? See the similarities? In both instances, the ANA Code of Ethics is relevant, but in one, it provides evidentiary support for misconduct, and in the other, it serves as a primary source of regulation.  

The American Association of Legal Nurse Consultants (AALNC) is also a professional organization. Legal nurse consultants have the option to join or not join. The AALNC developed a Code of Ethics for legal nurse consultants. This code is aspirational. The AALNC has no regulatory authority. The AALNC cannot discipline legal nurse consultants. The AALNC cannot directly affect anyone's nursing license. To my knowledge, no state-specific board of nursing has adopted the AALNC code of ethics into its regulatory framework. The AALNC Code of Ethics is not binding.

Nonetheless, a state board of nursing could use the AALNC Code as evidence in a disciplinary proceeding. If a legal nurse consultant violates the code and that violation relates to professional practice, the board may cite the code in its disciplinary action. The board might use the code to support a finding of unprofessional conduct. The code would be persuasive evidence. However, primary enforcement would come through the Nurse Practice Act or another state-specific regulation.

The key difference is the source of authority. Regulatory agencies have authority. Voluntary professional organizations do not. Codes from regulatory agencies are binding and enforceable. Codes from voluntary organizations are aspirational and non-binding in nature. Yet, it is vital to understand the interplay between the binding regulatory agency and the influential professional organization.

Codes of Ethics as Evidentiary Support

Although many codes of ethics are not binding, they are relevant in legal and regulatory proceedings. They matter as evidence.

Codes of ethics can support your conduct. If you followed your professional code, you could point to that. You can claim to be following professional standards. You can use the code as evidence that your conduct was appropriate. The code supports your position.

Codes of ethics can be used against you, too. If you violated your professional code, someone could point to that. They can say you violated professional standards. They can use the code as evidence that your conduct was inappropriate. The code works against your position.

When a state board of nursing investigates a nurse, it examines several factors. The board looks at the Nurse Practice Act. The board looks at the facts. The board may consider the ANA Code of Ethics. The board may consider the AALNC Code of Ethics if the nurse is a legal nurse consultant. The board gathers evidence.

If the nurse's conduct violated a code of ethics, the board can cite that as evidence. The board can say the conduct fell short of professional standards. The code becomes part of the record. The code influences the board's decision, but the code is not the basis for discipline. The Nurse Practice Act usually is. The code is supporting evidence.

This is important to understand. A code of ethics can be used against you, but only if your conduct violates the code and the law or professional regulatory standards. The code alone does not create liability. The code, plus the violation of law or professional regulatory standards, creates liability.

The Contextual Nature of Ethical Violations

This is where many people go wrong. They see a rule in a code of ethics and think it applies universally.

It does not work that way.

Every situation is unique. The facts matter. The context matters. The same action in different contexts can have completely different consequences. Additionally, similarly situated professionals in the same career may disagree on both the substance of a code and its interpretation. There are always two sides to a story. This is why we have courtrooms and alternative dispute resolution.

Again, consider the example of lying. Most codes of ethics require professional honesty. Most codes of ethics require truthfulness. Nonetheless, lying about being sick when you are on vacation is different from lying about patient care.

Scenario one. You call your manager and say you are sick. You will not be coming to work. Your manager believes you. You go on vacation instead. This is dishonest. This violates your professional honesty. Your employer finds out. Your employer might discipline you. Your employer might fire you. You violated workplace policy. You violated professional ethics. But did you violate your Nurse Practice Act? No. Your conduct did not relate to your professional nursing practice. It did not harm patients or pose a risk to the public. It did not involve your clinical judgment. The state board of nursing will not act against your license. You violated ethics and workplace policy. You did not violate the law in a way that affects your nursing license.

Scenario two. You document in a patient's chart that you performed a patient assessment that you did not actually perform. You chart vital signs you did not take. You chart a physical exam you did not conduct. You lie about patient care. This is dishonest. This violates your professional honesty. This violates the code of ethics. This is also considered unprofessional conduct under the Nurse Practice Act. This is potentially criminal. This affects patient safety. This goes to your fitness to practice nursing. The state board of nursing will investigate the matter. The board will likely cite the code of ethics as evidence of unprofessional conduct alongside a multitude of other evidentiary support. The board will likely discipline you. The board might suspend or revoke your license. You violated both ethics and law. You violated the law in a way that relates to your professional practice.

Same action - lying. Different contexts. Different consequences.

This is why understanding context is crucial. Ethical standards are general guidelines. They try to establish universal principles, but the real world is not universal. The facts of each situation are unique. The harm involved is different. The intent might be different. The professional responsibility is different.

When evaluating ethical conduct, it is essential to consider the specific facts. You should consider what was at stake. You should consider whether patient care or professional judgment was involved in the decision. You should consider whether the conduct relates to your fitness to practice. You must consider the context!

Broad sweeping generalizations do not work. You cannot say "any lie is an ethical violation with serious consequences." You can say "lying violates the ethical code" and then evaluate the specific situation. Context determines consequence. Language is critical, especially in the legal realm.

What if two professionals disagree about whether an action violates a code? What if one experienced nurse says a particular action is clearly unethical and another experienced nurse says it is not? This happens all the time. Similarly situated professionals can interpret codes of ethics differently. The substance of a code can be debated. The meaning of the code can be disputed.

This disagreement is not a problem. It is how the system works. It is why we have courtrooms. When professionals disagree about ethical conduct and legal consequences hang in the balance, the matter is referred to a neutral decision-maker. For nurses, it typically starts with the Board of Nursing. Notably, boards of nursing are not neutral; their primary role is to protect the public at all costs. Sometimes, the nurse’s license is the cost. Nonetheless, it can be appealed. A judge hears the arguments. A jury hears the arguments. An arbitrator hears the arguments. Both sides present their interpretation of the code. Both sides present their understanding of professional standards. The neutral decision maker listens to both sides and adopts one position or the other.

Here is what this means for you. Firstly, you should be aware of any professional code of ethics that guides your profession. Ignorance of the code is not an excuse for violation. Notwithstanding, a code of ethics can be rebutted. You can disagree with an interpretation of a code. You can present evidence of a different professional standard. You can argue that your conduct fell within acceptable professional judgment. Courts are careful not to restrict professional judgment and autonomy. Courts understand that professionals need discretion. Courts recognize that restricting professional judgment can harm the public. Professionals need room to exercise judgment. Professionals require space to make informed decisions based on their expertise.

This means that even if someone accuses you of violating a code of ethics, you are not automatically guilty of wrongdoing. You can defend your conduct. You can explain your professional judgment. You can present evidence that your conduct was within acceptable professional standards. You can argue that the accuser is misinterpreting the code. Both sides can present their case. A neutral decision maker decides.

As a professional, you have a responsibility in this process. You must be aware of the code. You must understand what it says. You must understand how your conduct aligns with the code. You must be able to articulate your position. If your conduct is questioned, you must explain how your actions align with the code or why a different interpretation of the code applies. You need to articulate why your professional judgment was sound. You need to present your side of the story clearly and convincingly.

This is not just about defending yourself in the event of something going wrong. This is about professional responsibility. Knowing your code means you understand what your profession expects. It means you can make informed decisions about your conduct. It means you can explain your choices. It means you can defend your work if challenged.

This protects professionals. This protects the public. It prevents codes of ethics from being applied so rigidly that they restrict the professional judgment that serves patients well.

Codes of Ethics in Legal Nurse Consulting

Legal nurse consultants are nurses first. Legal nurse consultants are subject to their state Nurse Practice Act. Legal nurse consultants are regulated by their state board of nursing. The general standards for nurses apply to legal nurse consultants.

Legal nurse consultants have additional considerations. You are working in a legal context. You are providing opinions that might appear in court or legal proceedings. You are working with attorneys. You have duties to the legal system and to the pursuit of justice. Although I consider legal nurse consultants to be one of the most unregulated fields of nursing, it does not mean that we cannot self-regulate.

The ANA Code of Ethics applies to you. You are a nurse. The ANA Code addresses issues such as patient advocacy, confidentiality, and integrity. Many of these principles are also applicable in legal consulting. You must be honest in your analysis. You must be thorough in your review. You must maintain professional integrity.

The AALNC Code of Ethics applies to you. This code explicitly addresses legal nurse consulting. It addresses topics such as expert witness testimony, case analysis, and professional relationships. It describes standards for legal nurse consulting practice. It is aspirational and non-binding, but it outlines the values of the field. It remains influential, despite its non-binding nature.

When you work as a legal nurse consultant, your conduct must comply with the Nurse Practice Act. It is binding. You cannot falsify records. You cannot misrepresent your qualifications. You cannot provide opinions outside your expertise. You cannot be impaired while working. You must maintain professional competence. These requirements are derived from the Nurse Practice Act and supported by the codes of ethics.

If you violate the AALNC Code of Ethics, what consequences will you face? The AALNC cannot discipline you. The AALNC cannot affect your license. However, if your violation also relates to your professional nursing practice, the state board of nursing may act.

The key is understanding which conduct relates to your professional practice and which does not. As a legal nurse consultant, your conduct in cases is directly related to your professional practice. Your honesty in analysis matters. Your competence in reviewing records matters. Your integrity in providing opinions matters. These touch on your fitness to practice nursing. The board of nursing cares about these.

Your conduct outside of cases matters less for board purposes. If you are rude to an attorney, that is a professional conduct issue between you and the attorney. It does not relate to your fitness to practice as a nurse. The board probably does not care. Your employer or the attorney might care. Your reputation may suffer. You may face other professional consequences, but action by the Board of Nursing is unlikely.

Practical Guidance for Healthcare Professionals

How do you navigate this complex landscape? How do you know what you should do?

Start by understanding the source and authority of any code that applies to you. Is it from a regulatory body or a voluntary organization? Does the organization have authority over your license? Is the code binding or aspirational? Understanding this tells you how much weight to give the code.

Next, evaluate situations based on their unique facts, not broad generalizations. You cannot apply ethical rules like a checklist. You must think critically. You must consider context. You must consider what is at stake. You must consider whether patient care or professional judgment is involved.

Ask yourself these questions. Does this conduct relate to my professional practice as a nurse? Would this conduct affect my fitness to practice nursing? Could this cause harm to patients? Does this conduct violate the Nurse Practice Act in my state? Does this conduct violate my professional code of ethics? Could this conduct result in legal consequences?

The answers to these questions help you evaluate the severity of potential violations.

If you are unsure about something, seek guidance. You can contact your professional organization. Most have ethics committees that can discuss scenarios. You can consult an attorney if legal issues are involved. There are resources available to assist you on this journey.

Document your thinking. If you faced an ethical dilemma and you made a decision, document why you made that decision. Document what you considered. Document the facts. This creates a record of your professional judgment. This shows that you took ethics seriously. This can protect you if someone later questions your conduct.

Understand your personal ethical compass. Know what you believe about right and wrong. Know what matters to you professionally. Your personal ethics might be stricter than your code requires. That is fine. You can hold yourself to higher standards.

Balance your personal ethics with your professional standards. You might think something is wrong when your code allows it. That is a personal choice. You might think something is acceptable that your code forbids. That is also a personal choice. In any matter, you must be able to articulate your position, and it should be a reasonable position. The code sets a floor for acceptable conduct. You can go higher. You can go lower. Nonetheless, you must always be ready for the consequences of either path you choose. If you practice as an expert, you must also be prepared to answer questions directly related to your understanding of the code of ethics and how you align your professional practice within its framework.

Conclusion

Understanding codes of ethics is about understanding authority and context.

Codes of ethics matter. They establish professional standards. They guide your conduct. They protect the public. They shape your profession. But codes of ethics are not laws. They do not have the force of law unless they originate from a regulatory body with the necessary authority.

Many codes of ethics come from voluntary professional organizations. These codes are aspirational. They describe what the profession values. They guide members. They do not create legal liability on their own. But they can be used as evidence in legal and regulatory proceedings. They can support or undermine your position.

Some codes come from regulatory bodies. These codes carry authority. They are likely to be enforced. However, even these codes must be connected to the law to result in formal discipline. A regulatory code describes standards. The law provides the enforcement mechanism.

Your professional responsibility is complex. You must understand your code of ethics. You must understand your state's Nurse Practice Act. You must understand which codes bind you and which guide you. You must understand the source of each code and the authority behind it.

Most importantly, you must understand context. The same action can be an ethical lapse in one situation and a serious violation with legal consequences in another. You cannot apply ethical rules like a checklist. You must think critically. You must consider facts. You must consider harm. You must consider professional responsibility. You must be able to articulate your position and support it.

Understanding these distinctions protects your career. Understanding these distinctions enables you to be a more effective professional. Understanding these distinctions allows you to navigate ethical complexity with confidence.

If you are facing an ethical dilemma in your nursing practice or legal nurse consulting work, you do not have to walk that journey alone. Let’s chat!  I can be an ear, a shoulder, or most importantly, a friend. Visit www.garveyces.com to learn more about my consulting and mentorship services or contact me directly at matthew.garvey@garveyces.com to discuss your professional ethics questions and concerns.

AI Assistance Disclosure:

 This article was developed, in part, with the assistance of artificial intelligence tools. The author has reviewed and edited all content to ensure accuracy and alignment with the author's professional expertise and opinions.