Legislations and ethics Flashcards
Understand the common laws and legislations relating to nursing practice and gain understanding of nursing ethics
Purpose of the NZNO
To guide nursing practice and communicate the nursing professions ethical values
Rangatiratanga
Self-determination
Māori have the right to self-determination and the right to determine their own
destiny.
Nursing* actions and outcomes will reflect the hopes and aspirations of Māori for
self-determination with respect to their own affairs.
Manaakitanga
Hospitality, Kindness, respect
Manaakitanga is the way in which we make people feel welcome when they are in
our company and ensure their mana is maintained.
Manaakitanga also means showing kindness, treating people with respect, caring
for others, nurturing relationships, reciprocity, cultural and social responsibility
Tika
Importance of truth, correctness, directness, justice, fairness, and rights.
> Tika tāngata describes human rights.
Nursing* practice will be based upon what is right and proper according to
circumstance and in accordance with common good.
Whanaugnatanga
Whakawhanaungatanga is the process of establishing relationships, which enables
connections between past and present to be made.
> Whānau connection, relationships with whānau both past and present, and kinship
are paramount.
> Whanaungatanga develops as a result of kinship rights and obligations, which also
serve to strengthen each member of the kin group. It also extends to others with
whom one develops a close familial, friendship or reciprocal relationship.
> Nursing* practice will focus on people and the relationships established and
maintained with others.
Wairuatanga
Wairuatanga is about understanding and believing there is a spiritual existence in
addition to the physical.
> The wairua of a person requires nourishment as regularly as the tinana (body), and
forms of nourishment differ among people.
> Article 12 of the UN Declaration on the Rights of Indigenous Peoples gives
indigenous people the right to manifest, practise, develop and teach their spiritual
and religious traditions, customs and ceremonies.
> Nursing* practice will acknowledge and respect the right of all people to spiritual
freedom.
Kotahitanga
> Kotahitanga is about unity, togetherness, solidarity and collective action.
All people are encouraged to have their say and be a part of collective approaches.
Nurses* will seek to work in unity and harmony with each other and others.
Kaitiakitanga
> Kaitiakitanga means guardianship or stewardship.
Autonomy
Individuals have the right to self-determination. This assumes that the individual or
group, or their client or agent, have the wisdom to make the best choice for that
individual or group.
Beneficence
Beneficence is the performing of actions leading to outcomes that now, or in the
future, would be regarded as worthwhile; the concept of doing good.
> The meaning and value of good can vary according to context and this can influence
what we think and do when considering beneficence.
Non-maleficence
Non-maleficence is the avoidance of harm, the prevention of future harm, and
minimising harm in situations where it is unavoidable.
> The meaning and value of harm can vary according to context and this can influence
what we think and do when considering maleficence.
Justice
Justice is based on the assumption that society has a responsibility to treat people
fairly. Justice can be further split into three categories: fair distribution of scarce
resources (distributive justice), respect for people’s rights (rights-based justice) and
respect for morally-acceptable laws (legal justice).
Confidentiality
Confidentiality means the privacy of written or spoken information, or of observed
body language, acquired through privileged access.
> The concept of privacy can vary according to the situation and what laws might
apply.
Veracity
Honesty
Veracity occurs when actions, speech and behaviour ensure communications
between individuals and/or groups are honest and truthful.
Fidelity
> Fidelity means the obligation to remain faithful to one’s commitments to others,
particularly promises and when information is given in confidence.
Guardianship of the environment and its resources
This assumes that society has a responsibility to respect and protect the
environment and its resources.
> How we understand and value guardianship and the relationship between person
and environment can vary according to culture and context.
Being professional
This involves the belief that nursing is a profession with a defined purpose. It has a
special relationship with society, having been established by society.
> There is a duty to provide health-related care for those members of society in need.
> Nursing possesses a distinct body of knowledge, its own area of independent
practice and is guided by the specific set of values identified here.
> Nurses are accountable for their nursing practice and accept responsibility for their
actions and decision-making.
Code of Health and disability human rights
establishes the rights of consumers, and the obligations and duties of providers to comply with the code.
Consumers have rights, providers have duties
- Every consumer has rights in this code
- Every provider is subject to duties in this code
- Every provider must take action to:
A: Inform consumers of their rights; and
B: Enable consumers to exercise their rights
10 Rights of the code of health and disability
1: Right to be treated with respect
2: Right to freedom from discrimination, coercion, harassment and exploitation
3: Right to dignity and respect
4: Right to services of an appropriate standard
5: Right to effective communication
6: Right to be fully informed
7: Right to make an informed decision and give informed consent
8: Right to support
9: Right in respect of teaching or research
10: Right to complain
Health practitioners competence assurance act
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 their professions
Mental Health Act 1992 (Compulsory assessment + treatment)
Provides a legal framework for those who require compulsory psychiatric assessment + treatment for those experiencing mental illness
Refines the circumstances and conditions under which the persons may be subject to compulsory assessment + treatment.
Refines the rights of individuals undergoing compulsory assessment + treatment and provides better protection for those rights.
Reforms and consolidates the law relating to the assessment + treatment of persons suffering from mental disorder.
Limb 1: Mental Health Act 1992
Limb 1: Abnormal state of mind
Mental disorder, in relation to any person, means an abnormal state of mind (whether continuous or intermittent by nature) characterised by delusions, or by disorders of mood or perception or volition or cognition of such degree that it disrupts usual functioning
Limb 2: Mental Health Act 1992
Limb 2: Danger to self or others
A: Poses a severe danger to the health and safety of that person or others
B: Seriously diminishes the capacity of that person to take care of themselves
