Lecture five: Legislation for clinical practice Flashcards
What are legislations?
Legislations are acts of parliament that have been passed. They have been written down, they are accessible and available.
What is common law?
Common law is judge made law. Case goes to a court and they consider it. There is no legislation saying whether its right or wrong but judges look at it and apply principles and look back at what was previously decided. and they make a decision based on that. all rules that judge has decided.
What are some examples of privacy law?
- Privacy Act 2020
- Health Information Privacy Code
- Nursing Code of Conduct: Principle 5 - Respect health consumers’ privacy and confidentiality
What is the purpose of the privacy act 2020?
legislation
The purpose of this Act is to promote and protect individual privacy by-
(a)
a framework for protecting an individual’s right to privacy of personal information.
including the right of an individual to access their personal information, while recognising that other rights and interests may at times also need to be taken into account; and
(b)
giving effect to internationally recognised privacy obligations and standards in relation to the privacy of personal information, including the OECD Guidelines and the International Covenant on Civil and Political Rights.
What is the health and disability commissioner
Promotes the rights of all people in New Zealand who use health and disability services.
Code of rights for health consumers
What is the role of the nursing council? NCNZ
1) Scopes of practice (What you do)
2) Standards, code of conduct, competencies (How you shall act)
3) Accredit and monitor education
4) Registration
5) Fitness to practice
What is the health practitioner competence act? (HPCA)
Under section 3 the primary purpose of the Act is to
protect the health and safety of members of the public by providing for mechanisms to ensure that health practitioners are competent and fit to practise their professions.
It also permits the council to consider whether convictions may reflect adversely on fitness to practice and take into account the circumstances.
May register with conditions
What are the three influence to a persons fitness to practice?
Is this a competence issue,
a health issue
or a conduct issue
If a complaint is made about a nurse who assesses the complaint?
The Health and Disability Commissioner.
Each notification is assessed by registrar and deputy registrar twice a week as to whether it is:
- Within jurisdiction (professional not personal or employment)
- There are public safety issues
- The notifier or complainant is identified or willing to be identified (natural justice) - some exceptions
What are ways you can assess a nurses competence
- Refer for a review of competence
- Refer for a review of health
- Conduct - refer to Health and Disability Commissioner (if conduct affected a health consumer) or PCC
- No further action
What are indicators of a competence issue?
Does the nurse lack the skills or knowledge – may be competence
Was remedial action taken - may be competence
What are indicators of a conduct issue?
Did the nurse choose to act in a particular way -may be conduct
Was the conduct hidden and no remedial action taken - may be conduct
What are indicators of a health issue?
Health concerns will always be addressed first if possible
- May be raised in the notification or revealed during further inquiry.
- Generally mental health, substance or alcohol use or cognitive functioning issues require health review
- Physical conditions usually self limiting
- Nurse may take a health break if unwell and contact Council when intends practising again
