Legislation Flashcards
Acts (new statute law)
Override, appeal and/or replace previous statute
Most acts make provision for regulations to be made
Statutory law
- law passed by parliament
- set out in written statutes
- supreme law of New Zealand
Midwives act 1904
- set up formal system of midwifery education
- established a register of midwives
- phasing out of lay midwives
1990 amendments to nurses act 1977
- reinstated midwifery autonomy
- nursing council was regulatory body for midwives until 2003
Health practitioners competence assurance act 2003
- 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
Competence to Practice - two things midwives need to prove to MCNZ
- Complete pre-regulation programme
- Meeting competencies for entry to register of MW’s
Competence to practice; ongoing
- 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
Complaints about HCP
- 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
- Health practitioners disciplinary tribunal hear professional misconduct charges
Legislation relating to the protection of the public
- NZ Bill of Rights Act 1990
- Human Rights Act 1993
- Human Rights Amendment Act 2001
- Crimes Act 1961
NZ bill of rights act 1990
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)
Human rights amendment act 2001
- 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
Crimes Act 1961
- 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
Legislation supporting INVESTIGATION of a health professionals practice
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
The Code of Health & Disability Services Consumer Rights
- 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
Injury prevention and rehabilitation & compensation act 2001 and amendment 2005
Compensation for personal injury including ‘treatment injury’
Privacy Act 1993
- 12 principles related to the collection, correction, use, storage and access to individuals personal info
- Claims are investigated by privacy commissioner
Health information privacy code 1994
- 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
Health (retention of health information) regulations 1996
- 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
Medicines Act 1981 and amendment 1990
- 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
Requirements of Rx
- 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
Misuse of Drugs Act 1975 Amendments 1990 & 1999
- CONTROLLED DRUGS
- Only CD midwives are able to Rx is Pethidine
- CD Rx writing
CD Rx for pethidine
- ‘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
NZ Public Health and Disability act 2000
- 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
Notice Persuant to Section 88 of The Public Health and Disability Act 2000
- 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
