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
Section 8A MHA
Application for assessment
Section 8B MHA
Medical practitioner certificate to accompany application for assessment
Section 9 MHA
Assessment + examination to be arranged + conducted
(Notice of assessment)
Section 10 MHA
Certificate of preliminary assessment
Section 11MHA
Further assessment and treatment for 5 days
Section 13 MHA
Further assessment and treatment for 14 days
Section 14 MHA
Certificate of final assessment
Section 16 MHA
Review of Patients condition by a judge
Section 18 MHA
Judicial hearing
Section 29 MHA
Community treatment order
Section 30 MHA
Inpatient treatment order
Section 59 MHA
Treatment while subject to compulsory treatment order
Section 62 MHA
Urgent treatment order
Section 63 MHA
Withdrawal of consent
Section 76 MHA
Clinical review of a persons subject to compulsory treatment order
Section 111 MHA
Power of nurses, where urgent assessment is required
Only in hospital setting, assessment needs to be completed within 6hrs
Rights under the MHA
Right to information
Right for cultural safety
Right to an interpreter
Right to treatment
Right to be informed
Right to refuse video recording
Right to independent psychiatric advice
Right to legal advice
Right to company
Right to have visitors and make phone calls
Right to send and receive mail
Compulsory treatment order: Section 28
Must receive up to 6 months of treatment - Judge determines mental state.
Consent is given by the responsible psychiatrist/responsible physician.
Family cannot see patient notes without the patients consent
Section 7A: Practitioners mandatory to consult with family regarding pt care and treatment, (unless doing so would compromise patient care and safety)
Misuse of Drugs Act 1975
Class A Drugs
Very high risk of harm, and Illegal
- Cocaine
- Heroin
- LSD
- Mescaline
- Methamphetamine
- Phencyclidine (PCP)
- Psilocin and psilocybin
Misuse of Drugs Act 1975
Class B Drugs
Very high risk of harm, prescriptions
- Amphetamine
- Cannabis
- Ephedrine
- GHB
- Hydromorphone
- MDMA (Ecstasy)
- Methadone
- Methylphenidate
- Morphine
- Opium
- Oxycodone
- Pethidine
- Pseudoephedrine
Misuse of Drugs Act 1975
Class C Drugs
Moderate risk of harm
- Barbiturates (Phenobarbital)
- Benzodiazepam
- Benzylpiperazine
- Cannabis
- Codeine
- Zopiclone
- Zolpidem
Intellectual Disability Act 2003
Establishes a scheme which authorises the provision of compulsory care + rehabilitation of individuals with an intellectual disability, who have been charged with a prisonable offence
Purpose of the Intellectual Disability Act 2003
Provide the courts with appropriate compulsory care/rehabilitation options for people with intellectual disability.
To recognise + Safeguard special rights of those subject to the Act.
Whaio Te Ao Maori / Maori Health and Disability Act plan 2012
Establishes priority areas of action to enable disabled Maori to achieve their aspiration and reduce barriers that may impede them from gaining better outcomes
Aims of the Maori Disability Act plan 2012
To improve Maori health outcomes
To provide better support for disabled Maori patients
Good partnership
Monitoring and reporting on the implementation of the Act
Faivo Ora / National pasifika Disability plan 2014
Sets out priority outcomes and actions to support and improve the lives of Pacifica disabled people of all ages and their families
Aims of the National Pasifika disability plan 2014
Improving the outcomes for pacific disabled children, youth and their families
Encourage pacific communities to better engage with and support individuals with disabilities and their families to participate in the community
Ensuring disability services and supports meet the needs of the disabled people and their families
Encouraging stakeholders to work in partnership to address challenges experienced by Pacific disabled people and their families.
New Zealand Disability Strategy
Disabled people have equal opportunity to achieve goals and aspirations.
Outcomes:
- Education
- Employment
- Economic security
- Health and Wellbeing (Barrier-free and inclusive, health passport)
- Rights protection and Justice
- Accessibility
- Attitudes
- Choice and control
- Leadership
Vulnerable Childrens Act 2014
Act aimed at improving the wellbeing and safety of children, particularly those at risk of harm or neglect
Purpose of the Vulnerable Children Act 2014
The Act seeks to protect vulnerable children by requiring that children’s agencies and individuals working with children focus on identifying and addressing potential harm. It promotes the collective responsibility of various government agencies in safe guarding children.
Children’s Action plan - Vulnerable children’s act 2014
One of the main frameworks under the act
Guiding agencies on how to work collaboratively to protect children at risk. It emphasises early intervention and provides for information sharing between agencies
Safety Checking - Vulnerable Children’s Act 2014
The Act mandates comprehensive safety checks, for individuals working with children in “Child Services”.
This includes identifying verification, police vetting, reference checks, and periodic rechecks every three years
Core Children’s workers - Vulnerable children’s act 2014
Those working directly with children (Nurses, SW) are the “Core workers” and subject to higher scrutiny to ensure they are fit for working in sensitive environments
Child protection policies - vulnerable children’s act
The act requires that agencies providing services to children develop and implement child protection policies.
These policies should outline how to report/identify potential abuse or neglect.
Information sharing - Vulnerable children’s act
The act encourages better sharing of information between government + non-government agencies to ensure the safety + well-being of the children. while balancing privacy concerns.
Multi agency approach - vulnerable childrens act 2014
There is a strong emphasis on inter-agency collaboration between healthcare, education and social services to detect and intervene in cases of child vulnerability early.
