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Legislation For Midwifery Practice > Legislation > Flashcards

Legislation Flashcards

0
Q

Acts (new statute law)

A

Override, appeal and/or replace previous statute

Most acts make provision for regulations to be made

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1
Q

Statutory law

A
  • law passed by parliament
  • set out in written statutes
  • supreme law of New Zealand
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2
Q

Midwives act 1904

A
  • set up formal system of midwifery education
  • established a register of midwives
  • phasing out of lay midwives
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3
Q

1990 amendments to nurses act 1977

A
  • reinstated midwifery autonomy

- nursing council was regulatory body for midwives until 2003

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4
Q

Health practitioners competence assurance act 2003

A
  • To promote and protect health and safety of the publec by ensuring HP’s are competent and fit to practice
  • Provided for MCNZ to regulate midwives
  • Midwifery recognised as independent profession
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5
Q

Competence to Practice - two things midwives need to prove to MCNZ

A
  • Complete pre-regulation programme

- Meeting competencies for entry to register of MW’s

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6
Q

Competence to practice; ongoing

A
  • compulsory education over 3 years
  • emergency skills workshop annually
  • MW practice day and BF update 3 yearly
  • MSR every 2 years
  • Elective education and professional activities
  • maintain portfolio
  • annual application for APC
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7
Q

Complaints about HCP

A
  • 1st instance: office of health and disability commissioner
    • Health practitioners disciplinary tribunal hear professional misconduct charges
      HPDT can censure, suspend or restrict practice, impose fines up to $30000 or remove name from register
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8
Q

Legislation relating to the protection of the public

A
  • NZ Bill of Rights Act 1990
  • Human Rights Act 1993
  • Human Rights Amendment Act 2001
  • Crimes Act 1961
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9
Q

NZ bill of rights act 1990

A

Protect certain civil and democratic rights
‘Life and security of the person’
Not to be subject to medical or scientific experimentation without consent (s10)
right to refuse to undergo medical treatment (s11)

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10
Q

Human rights amendment act 2001

A
  • Establishment of Human rights Review tribunal

- Hear submission from aggrieved person seeking damages against practitioner in breech of the HRA 1993 or HDC Act 1994

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11
Q

Crimes Act 1961

A
  • Providing necessaries of life using reasonable knowledge, skill and care
  • Police can investigate HCP in case of significant injury or death, usually under instruction of coroner
  • Outlines grounds for termination of pregnancy and laws related to FGM
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12
Q

Legislation supporting INVESTIGATION of a health professionals practice

A

Health and disability commissioner (HDC) act 1994

  • setting up of HDC office
  • Independent patient advocacy servicec nationwide
  • ability to hear complaints about practice of HCP - may refer to NZCOM resolutions committee or result in full investigation
  • Established the Code of Health and Disability Services Consumer Rights
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13
Q

The Code of Health & Disability Services Consumer Rights

A
  • 10 Fundamental rights for consumers
  • Is a regulation therefore is enforceable by law
  • Essence: consumers have rights, practitioners have responsibilities
  • Investigation relates to whether or not the practitioner has breached the consumers code of rights or not
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14
Q

Injury prevention and rehabilitation & compensation act 2001 and amendment 2005

A

Compensation for personal injury including ‘treatment injury’

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15
Q

Privacy Act 1993

A
  • 12 principles related to the collection, correction, use, storage and access to individuals personal info
  • Claims are investigated by privacy commissioner
16
Q

Health information privacy code 1994

A
  • 12 principles regarding health information of identifiable persons
  • For midwives all info must be stored to prevent unlawful access, loss or misuse of information. Locked cabinet
  • Women need to know when you are sharing their information, with whom and why
17
Q

Health (retention of health information) regulations 1996

A
  • Original health information is to be kept for 10 years
  • woman and baby notes
  • midwives diaries
  • phone logs
  • if requested, copies are sent not originals
18
Q

Medicines Act 1981 and amendment 1990

A
  • Enables MW to have limited prescribing rights
  • MW permitted to prescribe within their scope of practice
  • Amendment 1999 removed Benzodiazepines
  • Amendment 2011 denotes requirements of a Rx
19
Q

Requirements of Rx

A
  • Practitioners NAME, ADDRESS, MCNZ NUMBER, PHONE NUMBER
  • A4
  • Medicine name, strength, dose
  • Frequency of administration
  • Method of administration
  • Total period of supply
  • Repeats

-SIGN, DATE, DELETE UNUSED SECTIONS

20
Q

Misuse of Drugs Act 1975 Amendments 1990 & 1999

A
  • CONTROLLED DRUGS
  • Only CD midwives are able to Rx is Pethidine
  • CD Rx writing
21
Q

CD Rx for pethidine

A
  • ‘FOR MIDWIFERY USE ONLY’ must be written on it
  • Max of two doses
  • Must be filled within 4 days
  • Repeats must be picked up within 4 days
  • entire Rx must be hand written
22
Q

NZ Public Health and Disability act 2000

A
  • Enables DHB’s to fund and provide H&D services via contracts with MoH
  • Funds maternity services and maternity service providers
  • Contains the major legislation concerning midwifery services and payment
23
Q

Notice Persuant to Section 88 of The Public Health and Disability Act 2000

A
  • provision of primary maternity services
  • Terms and conditions under which midwives may claim funding
  • Identifies the service eligible women are to, what the govt will pay for and what practitioners are req’d to provide as evidence of service provision
  • contract for service
  • payment schedules
  • Contains documents relating to interaction with other HCP
  • 2007 became primary maternity services specification notice
24
Q

Lead Maternity Carer concept

A
  • LMC responsible for women accessing care they require
  • Relies on continuity of care
  • Acknowledges woman’s right to birth in place of choice
  • Based on informed consent
25
Q

Birth Registration - LEGAL OBLIGATIONS

A
  • BIRTH: Notification within 5 working days. Registration as soon as practical
26
Q

MISCARRIAGE

A

no registration required

27
Q
  • THERAPEUTIC TERMINATION (20+ wk)
A

Death certificate required. (Any signs of life at birth requires birth cert also

28
Q

STILLBIRTH

A

Notification (BDM9) within 5 days + cert of cause of fetal and neonate death (BDM167)/or coroners order

29
Q

NEONATE DEATH

A
  • Birth notification withing 5 days
  • Medical cert cause of death or coroners order
  • Notification of death within 3 days after disposal of body
30
Q

MATERNAL DEATH

A
  • Death during pregnancy or 42 days after conclusion of pregnancy
  • Death of a woman who at the time of her death was suffering from molar pregnancy
31
Q

Coroners Act 2006

A
  • Coroner investigates deaths where facts surrounding death need to be identified to clarify - if possibly- how person died
  • Coroner can order post mortem
  • All maternal deaths must be reported to coroner
32
Q

Adoption Act 1955 Amendments 1957 and 1987

A
  • Sets out process to be followed before adoption can take place legally
  • Agents empowered to manage adoption process: social worker/child youth and family
33
Q

Role of midwife in adoption

A

Inform woman of mandatory pathways and support in decision making. CANNOT work as agent or broker adoption

34
Q

Children, young persons and their families act 1989

A
  • Care and protection of children and youth justice
  • Procedures for removal of children from parents
  • Midwives refer concerns to CYFS staff
  • CYFS can apply for care and protection order
35
Q

Care of children act 2004

A
  • Children over the age of 16 can refuse medical care

- it is the right of a girl at any age to consent or refuse an abortion without the knowledge of her parents

36
Q

Parental leave and employment protection act 1987 amendments 2001 and 2005

A
  • Parental leave rights and employment requirement s if a parent wishes to keep a position open and available on return from maternity leave
  • 2001 and 2005 = up to 14 weeks paid leave
37
Q

Contraception and sterilisation & abortion act 1977 Amendment 1990

A
  • Specify circumstances in which contraceptive information can be supplied and given to young persons
  • define when strilisation can be undertaken
  • provide for the circumstances and procedures under which abortion may be authorised
  • MW may Rx contraception as part of PN care

Legislation For Midwifery Practice (1 decks)

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