Legal Flashcards
Health Practitioner Regulation National Law (2009)
National registration and accreditation scheme designed to:
- protect the public
- mobilise workforce
- provide high-quality education
- rigorously assess overseas professionals
- provide access to services in public interest
- facilitate flexible, responsible, sustainable workforce & continued development
Unprofessional conduct (define)
Professional conduct of a RHP that is of a ‘lesser standard’ including:
- contravening national law
-contravening condition of registration or undertaking of NMBA
- criminal conviction
- influencing (or attempting to) conduct of another RHP:
Professional misconduct (define)
Professional conduct of a RHP including:
- UP that is substantially below expected standard
- Several instances of UP which (combined) are substantially below expected standard
- conduct inconsistent with being a fit and proper person
Impairment (define)
A physical or mental impairment, disability, condition or disorder that detrimentally affects (or is likely to)
- RHP: capacity to practice profession; OR
- Student: capacity to undertake clinical training
Notifiable conduct (s140)
- practising while intoxicated by alcohol or drugs; or
- sexual misconduct in connection practice
- placing the public at risk of substantial harm:
- because of an impairment
- by practising in a way that significantly departs from accepted professional standards
Mandatory notifications (s141)
RHP must notify National Agency as soon as practicable after forming reasonable belief that:
- another RHP has engaged in notifiable conduct; OR
- a student has an impairment that could place public at substantial risk of harm
Voluntary notifications (s144)
Anyone can notify National Agency on the grounds that:
1. Unprofessional conduct
2. Inadequate knowledge, skill, judgement, care
3. Not a fit and proper person
4. Impairment
5. Contravention of National law or undertaking
6. Registration improperly obtained
Mandatory reporting (Elder Abuse)
Under Aged Care Act, nurses providing care and services to people in aged care settings must report:
- Unreasonable use of force or assault; AND
- Unlawful sexual contact.
to the Aged Care Safety and Quality Commission.
Mandatory reporting (Child Abuse)
Under s124A, B of the Children and Community Services Act 2004 (WA), nurses must report if in the course of their practice, they form a belief based on reasonable grounds that child sexual abuse is occurring or has occurred.
Other forms of abuse (physical, emotional and neglect) should continue to be reported using Child Protection Concern Referral Form but there is no penalty if a report is not made.
FDV (responses)
A. Concerns identified
- Offer individualised support incl. FDV services
- Consult line manager/CNS
- Consult CPU (PCH)
- Consider electronic record alert
B. Disclosure (no immediate threat)
- Provide reassurance
- Assess current supports/services
- Consult line manager/CNS
- Referral/liaison with FDV services
- Develop safety plan
- CAHS-CH contacts
- Discuss notifying police
- Clients of concern communication tool
- Electronic record alert
C. Disclosure (immediate threat)
- Ensure personal safety
-Assess current plans/services/supports
- Engage specialists to develop safety plan
- Support contacting police, crisis care, FDV services
- Disclose obligation to report to CPFS when it is unsafe for children to be at home or risk of abuse
- Complete CPFS Child Protection
Concern Referral Form within 24hrs
- Client of concern communication tool
- Electronic record alert
5 Preconditions to accountability
- Ability - competence to fulfil the requirements of one’s role/practice, requiring sufficient knowledge and skills.
- Responsibility – assumed undertaking or being assigned activities/interventions within the individual’s scope of practice for which the individual is answerable.
- Supervision
a) Direct - A takes direct responsibility for the provision of nursing care provided by B under continual observance of A
b) A delegates interventions to B who undertakes activities without constant monitoring. B is responsible for their actions but A remains accountable for the outcome and must take reasonable steps to ensure quality and safety of care. - Authority - sanctioned/legitimate power delegated to a nurse that allows the nurse to make decisions and perform role-related functions.
- Autonomy - freedom to independently fulfil responsibilities without close supervision; right to practice in line with professional codes/standards and evidence-base.
Valid consent (explain)
For consent to be valid it must be:
1. Given by a person with capacity
2. Voluntarily
3. Fully-informed
4. Specific and cover what is actually done
Doctrine of necessity (define)
Common law doctrine provides a defence for the provision of medical treatment where a patient requires urgent, time-critical treatment and it is not practicable to communicate with them. Treatment must be:
- reasonable - i.e. supported by evidence-based practise.
- necessary to save a life and/or prevent serious injury (cf. merely convenient)
Duty of care (define)
Common law duty to take reasonable care to avoid acts or omissions that could foreseeably lead to injury or harm to those who are closely and directly affected by an individual’s actions (Donoghue v Stevenson).
Negligence (define)
Doing or failing to do something that a reasonable person would (or would not) do which causes another person damage, injury or loss as a result, in circumstances where a duty of care is owed.
