legislation

Question 1

what is the primary purpose of the Health Practitioners Competence Assurance Act 2003 (HPCA)?

Answer 1

To protect the health and safety of members of the public by providing mechanisms to ensure that health practitioners are competent and fit to practice in their profession.

Question 2

What year is the NZ Bill of Rights Act?

Answer 2

1990

Question 3

What are the sections in the Human Bill of Rights Act 1990 that affect health practitioners?

Answer 3

Section 10: right not to be subjected to scientific or medical experimentation. Every person has the right not to be subjected to scientific or medical experimentation without that person’s consent.

Section 11: right to refuse to undergo medical treatment - Everyone has the right to refuse to undergo any medical treatment

Question 4

How does the Human Rights Act 1993 and (Amendment 2001) affect health practitioners?

Answer 4

It allowed for the establishment of the Human Rights Review Tribunal.

Question 5

Which act relates to providing the necessaries of life and the requirement to use reasonable knowledge skill and care?

Answer 5

Crimes Act 1961

Question 6

When was female genital mutilation made illegal in NZ? and under which Act?

Answer 6

it was made illegal in 1996 in an amendment to the Crimes Act 1961

Question 7

Identify the 10 rights within the Code of Health and Disability Services Consumer Rights 1996?

Answer 7

1. The right to be treated with respect
2. The right to freedom from discrimination, coercion, harassment and exploitation.
3. The right to dignity and independence.
4. The right to services of an appropriate standard
5. The right to effective communication.
6. The right to be fully informed.
7. The right to make an informed choice and give informed consent.
8. The right to support.
9. Rights in respect of teaching or research
10. The right to complain

Question 8

If the commissioner refers to a committee within midwifery about a complaint who to they liaise with?

Answer 8

NZCOM resolution committee.

Question 9

investigations always relate to whether or not a practitioner has …

Answer 9

breached the code of rights (Code of Health and Disability Services Consumer Rights 1996).

Question 10

what are some of the disciplinary actions that the commissioner has options to?

Answer 10

written apology
recommending further education
referral to Midwifery Council for a competency review
laying a charge of professional misconduct before the Health Practitioners Disciplinary Tribunal

Question 11

what are the health information privacy rules within the Health Information Privacy Code 2020?

Answer 11

1. Information collected must have a lawful purpose where the information is necessary for that purpose.
2. Source of health information - must be collected from the individual concerned or must be authorised by the individual concerned.
3. collection of health information from the individual concerned - must be aware of the fact of information being collected and who it is being shared with / given access to it.
4. Manner of collection of health information - must be by a lawful means, be fair and not intrude into an unreasonable extent upon the personal affairs of the individual.
5. storage and security of the information - any health agency that holds health information must safeguard it to protect it against loss, access, use, modification or disclosure, or other misuse. If unkept, must be disposed of in a manner that protects the privacy of the individual.
6. access to personal health information - an individual may request from a health agency if they hold their health information and request their health information.
7. correction of health information - individual may request their health information to be corrected
8. A health agency must ensure that health information is accurate, up to date, complete, relevant and not misleading before using or disclosing it.
9. health information must not be kept for longer than necessary of the purpose it is legally required for.
10. the health information must only be used for the purpose it was legally required. There are some exemptions such as if the individual authorises it’s use for other purposes.
11. Health information must not be disclosed unless it is to the individual (or representative) or authorised by the individual (or representative). and with the exemption of many other subrules
12. Health information may be disclosed to a foreign entity under most exemptions in the subrules of rule 11.
13. Health Agency may assign a unique identifier to an individual to enable the health agency to efficiently carry out its functions.

Question 12

The Pae Ora (Healthy futures) Act 2022 provides funding and provision of services in order to: ?

Answer 12

• Protect, promote ad improve the health of all New Zealanders.
• achieve equity in health outcomes among all of New Zealand’s population groups, including by striving to eliminate health disparities, in particular for Maori.
• build towards pae ora (healthy futures) for all New Zealanders

Question 13

The Health Act 1956 sets out roles and responsibilities of whom?

Answer 13

individuals to safeguard public health, including the Minister of Health, the Director of Public Health and designated officers for public health.

Question 14

The Primary Maternity Services Notice is now covered under which section of which act?

Answer 14

Section 94 (Primary Maternity Services) under the Pae Ora (Healthy Futures) Act 2022.

Question 15

The notice sets out ________ & __________ under which midwives and others will be able to ______ _______ ________

Answer 15

Terms and conditions
claim public funding

Question 16

The Primary Maternity Services Notice identifies; ?

Answer 16

• The service eligible women are entitled to
• What the Government will pay for
• What practitioners are required to provide as evidence of service provision. The notice outlines who can claim and under what circumstances.

Question 17

What must happen when a baby is born alive or still born?

Answer 17

A notification of birth must be completed and sent to the registrar-general within 5 working days of the birth.

Question 18

what is the definition of a live birth?

Answer 18

The complete extraction or expulsion from its mother, a product of conception, irrespective of the duration of pregnancy, which after such separation, breathes or shows any other evidence of life, such as the beating of the umbilical cord or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is still attached.

Question 19

What is the definition of a stillbirth ?

Answer 19

A baby born after the 20th week of pregnancy who does not breath or show any signs of life, or a baby born dead at any stage of pregnancy and weighs 400g or more at birth.

Question 20

What is the definition of a miscarriage ?

Answer 20

the issue from its mother, before the 21st week of pregnancy, of a dead fetus weighing less than 400g.

Question 21

What is the definition of a neonatal death?

Answer 21

The death of a baby within the first 28 days of life.

Question 22

What is the definition of Maternal death?

Answer 22

The death of a woman that occurs during pregnancy or within 42 days of the date of completion of the pregnancy (including birth, termination or miscarriage) irrespective of the duration or the site of pregnancy, from any cause related to or aggravated by the pregnancy or it’s management. It does not include accidental or incidental causes.

Question 23

which deaths must be reported to the coroner?

Answer 23

Maternal death

Question 24

To provide abortion services to a woman who is more than 20 weeks gestation, a midwife must consider if the abortion is clinically appropriate. In doing this the midwife must?

Answer 24

• consult with at least one other qualified health practitioner
• have regard to all relevant legal, professional and ethical standards to which the qualified health practitioner is subject.
• and consider the woman’s mental health, physical health, overall wellbeing and the gestation of the fetus.

Question 25

What are the 6 key points for sharing information under the Family Violence Act 2018

Answer 25

1. It must only be shared with a family violence agency or social services practitioner - covered by the family violence act 2018.
2. If possible it must be shared with the consent of the individual concerned - however, sometimes this is not possible.
3. It should help the person to achieve one of the purposes - risk and needs assessment, decision making, protecting victims from family violence.
4. The information should be relevant.
5. The information should be accurate.
6. The information shared should be documented.