Health Law Flashcards
What is HPCA?
HEALTH PRACTITIONERS COMPETENCE ASSURANCE ACT 2003
Main purpose is to protect the health and safety of the public and ensure the competency of health professionals.
- covered all registered health professionals
- each profession has its own regulating body
- each individual nurse is responsible for own practice
- this is why when RNs teach students may hold back because the student is under RN
- Must meet NCNZ competencies for practice and work within NCNZ-defined scopes of practice.
-The HPCA Act is clear that nurses have a defined scope of practice
-It is every nurse’s responsibility to understand what their scope of practice is
-Nurses must also understand the scope of other health professionals they work with
- Competence notifications are mandatory for:
Employers – where a nurse is dismissed or resigned for reasons relating to competence
The HDC or Director of Proceedings – if there is a belief that a nurse may pose a risk of harm because of competence issues
Other health practitioners – may notify the council where they have reason to believe that a nurse may pose a risk of harm by practicing below the required standard of competence
What are the health notifications under HCPA?
about a nurse’s health condition must be in writing and addressed to the Registrar. Mandatory notifications are required from any person who is:
- in charge of an organization that provides health services
- a health practitioner
- an employer of health practitioners
- a medical officer of health
- in charge of an educational program in New Zealand that provides a course of study that leads to a prescribed qualification for a nursing scope of practice
What are the criminal convictions notifications in HPCA?
- Court registrars are required to send a notice of conviction to the council where a nurse has been convicted of an offence that is punishable by imprisonment for a term of three months or longer or for other offences listed in the Act.
- The criteria for “fitness for registration” are outlined in Section 16 of the HPCA Act
-very important for nurses to look after each other when practice is being impacted, especially with mental health. HDBs allow nurses time off when having severe mental or physical problems, and allow them to come back to practice after evaluated. The risk is too high for risk of pt and the registration of the nurse. - Court Registrars are also to notify the relevant registration body of any conviction of a health practitioner against 12 different statutes:
- Health & Disability Services (Safety) Act 2001
- Medicines Act 1981
- Misuse of Drugs Act 1975
- Mental Health (Compulsory Treatment Assessment & Treatment) Act 1992
What is the competence process HPCA?
“the standard of competence reasonably expected of a health practitioner practicing with the Health Practitioners scope of practice”
1. Notification to the nursing council
2. Nurse responds to questions asked
3. Nursing council advises review
4. Review with a panel
5. Found Competent / Non-competent
6. Outcomes: Courses & Conditions
What are the voluntary codes
- Purpose is to guide behaviour in a professional setting
- No power to require compliance (Nursing counsel does by HPCA)
Example : Nursing code of conduct
what are the Legislative Codes?
q Full legal authority & ability to impose penalties
q Example: under HBCA
Explain the Human rights act 1993
basic rights and freedoms that every person is entitled to regardless of their age, ethnicity, culture, religion, sex etc.
aims to ensure that all people in New Zealand are treated fairly and equally, in line with United Nations conventions. It also sets out the role of the Human Rights Commission.
The Human Rights Act and the Bill of Rights Act are the two main human rights laws in New Zealand.
The areas of life that the Human Rights Act cover are:
dealings with government or public sector agencies
employment
access to public places, vehicles and facilities
provision of goods and services
provision of land, housing and accommodation
access to education
What is HDC?
health and disabilities commission
Established the role of the commissioner to: Promote and protect right and disability services consumers facilitate fair, simple, speedy and efficient resolutions of complaints also established a national network of independent advocates.
Has 10 rights
