Answer To: Sample assessment tool -- Observation and demonstration checklist Candidate Assessment Guide...
Insha answered on Sep 16 2021
Sample assessment tool -- Observation and demonstration checklist
Candidate Assessment Guide
HLT54115 Diploma of Nursing Unit of competency:
HLTENN008 - Apply legal and ethical parameters to nursing practice
Required resources
· Computer with internet connection to access online resources.
· Log in credentials to access the Moodle platform.
· Textbook reference:
· Raghunathan, K. (2016). Chapter 2 Professional nursing practice – legal and ethical frameworks. In Koutoukidis, G, Stainton, K & Hughson, J. (2016). Tabbner's nursing care. (7th ed.). Elsevier, China.
· Website reference:
· Australasian Legal Information Institute (n.d). Home page. Retrieved from http://www.austlii.edu.au/
· Australian Government (n.d). Federal Register of Legislation. Retrieved from https://www.legislation.gov.au/
· Australian Commission on Safety and Quality in Health Care (2013). The Australian Open Disclosure Framework. Retrieved from https://www.safetyandquality.gov.au/our-work/open- disclosure/the-open-disclosure-framework/
· Australian Commission on Safety and Quality in Health Care (2012). National Safety and Quality Health Service Standards. Retrieved from https://www.safetyandquality.gov.au/publications/national-safety-and-quality-health-service- standards/
· Legal dictionary (2014). Civil Law. Retrieved from https://legaldictionary.net/civil-law/
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· Nursing and Midwifery Board of Australia (2015). Professional Codes & Guidelines. Retrieved from http://www.nursingmidwiferyboard.gov.au/Codes-Guidelines-Statements.aspx
· People's Law Dictionary (n.d). Search Legal Terms and Definitions. Retrieved from http://dictionary.law.com/Default.aspx?letter=A
Knowledge questions
1. Briefly explain how the following legal and ethical considerations relevant to the nursing profession are applied in nursing practice in your State/Territory.
a) Children in the workplace: Those who work with children are required to uphold the rights of children. Facilitate each child's or young person's optimal growth and development. Integrity in personal and professional life, as well as the acquisition of skills and information is necessary for competent employment.
b) International Council of Nurses (ICN) Code of Ethics for Nurses (Nursing and Midwifery Board of Australia): A nurse's ethical code based on non-social ideals and needs, the ICN Code of Ethics for Nurses provides a guide for action. In all parts of their job, nurses must understand, internalize, and apply the Code of Ethics. Throughout their academic and professional careers, students and nurses must have access to this information at all times.
c) Code of Conduct for Nurses including professional boundaries (Nursing and Midwifery Board of Australia): Australasia's Professional Behaviour Guidelines for Nurses is designed to provide basic standards for conduct for nurses across the country. The Code of Ethics is not designed to provide comprehensive professional guidance on specific situations and areas of practice, but rather to provide general guidelines. According to the assumption, nurses must follow the conduct mentioned in this article.
d) Codes of practice (e.g. workplace health and safety, codes of practice or compliance codes): They help to meet legal requirements, but they do not cover all dangers. It is possible to satisfy the legal obligations in another way if people have legal obligations. One can be sure that their method maintains or improves the same level of work health and safety, though.
e) Continuing professional education opportunities and mandatory CPD requirements for nurses: Maintaining competency and introducing new skills as needed for modern practice is the goal of continuing education (CE). In many countries, nurses are expected to invest in maintaining current evidence-based knowledge as a matter of ethics.
f) Direct and indirect discrimination and its implications in nursing practice: Direct discrimination happens when the person is discriminated against when a healthcare professional treats them differently and worse than a healthcare professional treats someone else because of a certain reason differently and worse than someone else because of a certain reason, such as pregnancy and motherhood, race, religion or belief or religion. As per the Equality Act, discrimination is illegal. In other words, they can sue in civil court. Besides, as an outcome of indirect discrimination, healthcare and care professionals might make decisions that adversely affect certain people and not others. In the civil courts, they can sue for discrimination that violates the Equality Act.
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g) Duty of care of an enrolled nurse: In addition to providing evidence-based treatment, the job of the enrolled nurse include practicing in a safe manner while respecting the individual's rights, privacy and dignity, as well as taking responsibility for their actions.
h) Equal employment opportunity (EEO): To guarantee equal opportunity and prohibit discrimination in Australia, many pieces of law have been enacted. To enforce this Act, the Australian Human Rights Commission (AHRC) has the authority. A person can file a complaint if they think they have been discriminated against in a way that is banned by the law.
i) Human rights including access to healthcare: A person's right to health is a key component of their human rights and their concept of a dignified existence. In the 1966 International Covenant on Economic, Social, and Cultural Rights, the right to health was again recognized as a human right.
j) Informed consent: A patient's autonomy and basic human rights are the ethical principles that give rise to the idea of consent. The patient has complete control over what happens to his/her body and what should or should not be done to it. A third party cannot force a patient into a certain action. The patient has the freedom to refuse to comply.
k) Professional indemnity insurance arrangements for enrolled nurses: If they do not have professional indemnity, insurance (PII), nurses and midwives are prohibited from practicing their professions. As part of their professional practice, nurses and/or midwives are covered in the event of a civil liability suit.
l) Public liability insurance arrangements for enrolled nurses: If a patient, a supplier, or a member of the public is hurt or suffers property damage, the person and their business will be covered by Public Liability Insurance (PLI). Imagine the slip and trip risks that may be generated throughout the work.
m) Life and death issues:
· Power of attorney: Health care agents can be trusted with whatever level of authority the person is comfortable with. It is common for consumers to grant their health care providers broad authority to oversee their treatment. Medical therapy that affects the physical and emotional health might be approved or denied by the agent.
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· Living wills and advanced directives (advanced care plan): Life-prolonging therapies are not required in most jurisdictions, although they can be included in living wills. For example, one could need a respirator, or they might need to have a blood transfusion or a surgical operation. Contact the doctor or a patient representative at a health insurance plan office if they have any questions about their prescription.
· Guardianship (guardian of property and person): Guardianship and property management orders can be made by the ACAT. It is possible that a court order will include considerations about a person's health and welfare as part of the order. In addition, it might designate a manager to make decisions on the property of a missing individual, including their financial interests.
n) Mandatory reporting (provide examples from a nursing context): Registered health practitioners are required by law to report 'modifiable behaviour' by another practitioner or student. They are obligated to make an obligatory notice when they believe that the behaviour of the professional is modifiable in the context of the exercise of his or her profession. A resident of a government-subsidized care facility is obligated to report any unlawful sexual contact or inappropriate use of force.
o) Nursing and Midwifery Board of Australia nursing practice guidelines, standards and fact sheets:
· Enrolled nurse standards for practice: Education of registered nurses takes place inside the VET (Vocational Education and Training sector). This guarantees that graduates have the necessary mindset, knowledge, and abilities to practice safely and professionally. Through a private or public Registered Training Organization, students finish a Diploma of Nursing program authorized by the National Medical Board of Australia (RTO).
· Professional practice guidelines (by NMBA): As an outcome of the Nursing and Midwifery Board of Australia (NMBA), nurses and midwives are provided with direction through a variety of professional codes and guidelines published by the board itself. The individual will find the following document assist in understanding the NMBA's objectives and criteria. Also, give a means to get there.
· Decision-making framework (DMF) including the nursing flowchart (Reference: National framework for the development of decision-making tools for nursing and midwifery practice): Nurses and midwives in Australia are guided by these nationally agreed-upon standards when it comes to developing and evaluating decision-making aids. All the health professionals should be supported in their decision-making, and they want to make sure that this is the case. When a nurse or midwife is brought to account for their practice decisions, the national standards clearly define the role of the tools.
· Re-entry to practice: Non-registered nurses and midwives who wish to return to clinical practice in Australia: It is important to keep up with the latest trends. Included in this category are individuals who have been out of practice for at least five years, or who have had a non-practicing registration for at least five years.
· Regency of practice fact sheet: In Australia, nursing and midwifery are regulated by the Nursing and Midwifery Board of Australia (NMBA). One of its most important responsibilities is to safeguard the general population. So, the NMBA develops rules of conduct for its members as well as standards for practice. Nursing and midwifery abilities are taken into consideration for those who are dual certified.
p) Privacy and confidentiality: In research, data collecting, and assessment procedures that employ personal information from individuals, privacy and confidentiality must be carefully taken into account. Considerations for reporting and monitoring systems are outlined in this document. As a result, it should not be relied upon as legal or other advice.
q) Disclosure of health information: For persons with mental illness, the Mental Health Act 2014 allows for the disclosure of health information in certain instances to ensure that they receive appropriate treatment. Persons who consent to disclosure of their health information...