Difference Between Legislation And Nursing Practice

1467 Words 6 Pages
NRS 123 – Health Law for nurses
Louise Wells
Assessment Item 1
Legislation and Nursing Practice
Due Date: 12th September, 2016


In this essay, I will endeavour to demonstrate my knowledge, and address the relevant legislation requirements needed for the Nursing Profession. Based on the Case Scenario, I will identify the importance of practicing within a Nurse’s scope of ability, and specific areas of legal requirements needed to stay compliant for Registration. “In addition to legal obligations, practitioners are also under an ethical obligation to notify concerns about a practitioner” (Nursing and Midwifery Board of Australia).
“These guidelines explain the essential need for registered health practitioners,
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When he was doing his morning medication rounds, he was interrupted by a colleague, and unfortunately administers the wrong dose of medication to his patient. Elements such as distractions and interruptions when delivering care to a patient, can have a significant impact on medication safety.
There are three major areas liable for breech of the Acts and Regulation for Registered Nurses in Australia. The first breech “Is duty of care”, the second is breeching the standards required for medication handling in your state, and the third is breeching the Poisons and Therapeutic Act 1966. “These Acts govern your policy directives on medication handling”, and so on. ("Poisons and therapeutic Act 1966", 2016) In order for a negligence claim to be successful there must be damage. Under Civil Law there are four elements, or conditions, that must be satisfied in order for someone to be found to have been negligent.
The damage must be foreseeable and be directly linked between the patient 's injury and the action or omission, for the health profession to
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Nurses must be registered with the Nursing and Midwifery Board of Australia (NMBA), and meet the NMBA 's professional standards in order to practice in Australia”. (Australia Medical Association) AMA. These are Mandatory registration standards.
It is imperative that Registered Nurse’s work within their scope. As a nursing profession, the NMBA has put together a scope of practice that defines what we can and cannot do as a profession.
The scope of practice defines the “who”, “what”, “where”, “when”, “why”, and “how” of nursing practice. This practice helps professional nurses to safely work with and delegate to other health professionals. A Registered nurse engages in the practice of nursing, which includes, teaching, direction, and supervision of less skilled personnel in the performance of delegated nursing activities” (Nursing and midwifery Board of Australia).
The extent of a nurse’s scope of practice is identified by the individual’s education, training and competence. The individual’s scope of practice is then authorised in the practice setting by the organisations policies where employed. “The NMBA does not regulate scope of

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