more on legislation Flashcards
What does the competence review panel do?
Protects the health and safety of the public by providing mechanisms to ensure the MW is competent and fit to practice. The Health Practitioners competence assurance act made the MCNZ which has a review panel.
What does the professional conduct committee do?
Deals wit complaints and notifications that relate to conduct.
Council appoints members but it operates independent from the council.
May bring about charges against health practitioners in a Health Practitioners Disciplinary Tribunal (HPDT)
What can happen in the health practitioners disciplinary tribunal?
Hears all professional misconduct charges.
Chaired by a legal professional
Can censure, suspend or restrict practice.
imposes fines up to 30k
can remove practitioners from the register.
NZ public health and disability act 2000. Which section is relevant to midwives?
Section 88 (primary maternity services notice)
funding for maternity services (midwives and GP)
eligibility for funded maternity care
sets out terms and conditions under which midwives can claim (new born examinations, well child referral time frames).
what is the eligibility criteria for central government funded maternity care in NZ?
NZ citizens
work visa 2+ yrs
under 18 who’s parents meet requirements
Australian citizens living in NZ for 2+ years
Order of operations for addressing consumer concerns about care?
- patient advocacy services (which can be skipped)
- NZCOM resolutions committee (local region)
- HDC
- if serious the HDC may refer to midwifery council or go into full investigation if a breach of HDC code of rights.
Health privacy code 1994
purpose for collection of information and only what is required for the purpose.
agencies need to make patient aware how their information will be used or disclosed so that they can decide what information they want to provide and consent to it being used.
12 principles in relation to collection, correction, use, storage and access to personal information.
health information collected by actual individual unless authorised to.
when it comes to the health information, the 12 rules of the code substitute for the 12 principles of the privacy act.
people want their health information kept confidential, sensitive, ongoing use and used for all purposes.
injury prevention, rehab and compensation act 2001.
Treatment injury: health professional is expected to produce documentation, identify care, actions taken and explanation.
Health and Disability services commissioner Act 1994.
contains the code of rights:
including :
right to be informed
right to make informed decisions and give informed consent
right to be treated with respect
right to have the option to decline students and teaching/research relating to their care and body parts / organs.
Retention of health information regulations 1996
Keep original documents for 10 years
(including diaries and phone logs.
What can patients expect about their health information?
- to be kept confidential
- to be treated as sensitive
- may have ongoing use
- will be used for the intended purpose
components of recertification programme?
Quality assurance:
- midwifery emergency skills programmes (annual)
- continuing midwifery education (8 hrs a year)
Quality improvement:
- Professional activities (8hrs per year)
- midwifery standards review (every 3 years)
Maintain portfolio continuously
coroners act 2006?
If baby shows no signs of life, the coroner must be informed.
All maternal death must be reported to coroner.
crimes act 1961?
- duty section breeched = criminal act
- midwives legal duty = before doing anything, must have necessary skills.
- duty to provide necessaries of life. contain legal grounds for termination of pregnancy.
- FGM illegal from Jan 1996 - illegal for culture reasons and violation of autonomy of body
Who owns their health information?
it is not ownership - more rights.
People have rights over their own health information.
Health agencies have obligations over the health information they hold
health information privacy code
What are some roles of the midwifery council?
- prescribe MW qualifications
- accredit / monitor degree programmes
- Register MWs
- Review and promote competence of MW
- Notify employees when a MW may pose a harm risk.
- Set competencies
- Promote education and training of MW.
- sets scope of practice
What are the 3 branches of the NZ government?
Parliament:
- writes the laws and passes them
- made up of MPs
Executive:
- Accountable to parliament to help write laws
- made up of PM, gov general, cabinet members and government departments.
Judiciary:
- interpret laws and enforce compliance
Adoption Act (1955)
Midwives cannot act as an agent or broker
refer to appropriate agency (OT)
Consent can only be given by the birth mother
consent cannot be gained for 12 days after the birth of the baby - difficult to reverse once already consented.
ensure woman is aware of legal process.
no cost for the birth parents.
baby will be in foster care for the 12 day cool off period. (cannot be with birth parents or adoptive parents)
What does ‘legislation’ refer to?
The acts of parliament and and document passed with authority of parliament
What are some obligations of an LMC?
- compliance with statues and regulations
- Qualifications
- Professional responsibilities
- Clinical competencies
- Participation in protected quality assurance activities
- Indemnity protections
- Students
- Availability
- Administration
- updated contact information
Care of childrens act 2004
Replaced guardianship act 1986
Welfare and best interests of children
Adult’s responsibility to children
Acknowledge the greater role that family members other than parents can have in raising children
Health Practitioners Competence Assurance Act 2003 (HPCA 2003)
Superseded the nurses act
To protect the health and safety of members of the public
Legally requires midwifery council to be satisfied wth the competence of it’s practitioners
Privacy act 1993
identifies the 12 principles in relation to collection, correction, use, and storage to individuals personal information.
Generally relates to unauthorised access to the personal information collected for other reasons and breaches of confidentiality.
Human rights Act 1983
Claims related to humiliation, loss of dignity, and/or injury to feelings
Formed the human rights review tribunal
NZ bill of rights act 1990
To protect the individual freedoms of NZ citizens
Section 8-11 life and security of the person
relates to the right to decline any medical treatment or procedure.
Children, young person and their families act 1989
- Care and protection of children
- midwives’ obligation to refer concerns to oranga tamariki
- currently reporting is not mandatory.
Misuse of drugs 1975
- regulated controlled drugs
- only clients in their care
- from 1990 - 2014, the only controlled drug that midwives could prescribe was pethidine.
- 2014 amendment to prescribe pethidine, fentanyl and morphine.
- 1990 amendment removed benzodiazepines.
- must state “midiwifery use only” and intrapartum.
- secondary or tertiary setting for fentanyl.
What two acts relate to public safety to the practice of health professionals?
Health Practitioners Competency Act 2003 (HPCA)
Health and Disability Services Commissioner Act 1994 (HDSC)
What does an investigation relate to?
Whether or not a practitioner has breached the consumers code of rights
Previously to 2003, what regulated midwives?
The nurses act 1977 and amendment 1990
How can a consumer access the NZCOM resolutions committee?
Via the NZCOM website or to the HDC
Legally, what must a midwife do/have?
Be registered with the MW council
Hold an annual practicing certificate
Where does a complaint first go?
To the Health and Disability Commissioners office
Either dealt with there or referred to midwifery regulatory body (Midwifery council)
What is the different between a consultation and a transfer within the referral guidelines?
Consultation - A condition where the LMC must recommend that a consultation with a specialist is warranted.
Transfer - A condition where the LMC must recommend that transfer of clinical responsibility from LMC to specialist.
Parental Leave and Employment Protection act 1987
2018 - 22 weeks.
from July 1st 2020, it changed to 26 weeks
Abortion Legislation bill 2020
safe abortion is now legal in NZ where it was previously a crime under the crimes act.
Legal up to 20 weeks of pregnancy after consultation with qualified health professional (previously had to be approved by doctor).
Legal after 20 weeks and still needs to be a consult with a health professional about appropriate circumstances, then another health professional regarding the woman’s wellbeing.
What goes into a portfolio?
Evidence of continuing MW education
- Emergency skills day
- 8 hrs of MW education
Evidence of quality assurance activities:
- 8hrs professional activities (annually)
- Standards review (every 3 years)
- Evidence of application to midwifery practice (reflections)
Nurses amendment act 1990?
- restores autonomy to midwives, regulated midwives util 2003
- midwives have been regulated in NZ since 1904
- Take over by Health Practitioners Competence assurance Act 2003
What is statutory law?
A law passed by Parliament and set out in a written form in statues
Is the supreme law of NZ.
What are acts?
New statue laws that may override repeal and/or replace a previous statue.
Vulnerable childrens act 2014
Midwives to be safety checked from july 1st 2018 (to be able to claim from section 88)
Children’s Action Plan:
- Safety checkin and workforce restrictions
- child protection policies
- core competencies
- Children’s team and local workforce development
Which acts relate to informed consent?
Health and Disability Commissioner Act 1994
Human Rights Act 1993 (and amendments)
NZ Bill of Rights Act 1990 (specifically section 10/11 - rights to not be subjected to or refuse to undergo medical/scientific experimentation or treatment).
What is defined as consent?
granting to someone the permission to do something they would not have to right to do so without such permission
