Nursing Law And Ethics In Australia

Front 1

what is the code of professional conduct for nurses
(10)

Back 1

1. to practice in a safe and competent manner
2. practice in accorance with the standard of prfession (scope)
3. dispalay professional conduct in accordance with laws relevent to the practicve of nursing
4 to show respect the dinity, culture, etniticty, values and beliefs of all and colleagues
5. treat personnal informatin in a professional capacity as private and confidental
6. provide impartial, honest and accurate information to all.
7. support the health, wellbeing and informed decision making of peoples informed decisions
8. promote and preserve the trust and privilage inherent in the relationship between nurses and people
9. maintain and build on the communitys trust and confidence in the nursing profession
10. nurses practice nursing reflectivly and ethically at all times

Front 2

the purpose of the code of prof conduct

Back 2

outline minimum national standards the nurse is to uphold
inform the community of the standards expected of nurses
and evaluating nurses

Front 3

prof Misconduct refers to the

Back 3

wrong, bad or erroneous conduct of a nurse

Front 4

what are some of the breaches of conduct

Back 4

sexual assult, theft, drunk and disorderly conduct in a public place

Front 5

Unprofessional conduct refers to

Back 5

conduct that is contrary to the accepted and agreed preacice standards of the profession.
such as breaching the principles of asepses, violating confidentiality.

Front 6

conduct statement 1
nurses are professionally accountable for the competant nursing care and are required to.....

Back 6

1, participation in ongoing professionald development to improve skills and attitudes relevant to practice

Front 7

nurses knowledge, education competency are to be practiced within what

Back 7

2. scope of practice

Front 8

the nurse must keep the emplyer notified of what

Back 8

3. their scope of practice and limitations

Front 9

when delegating care what should all nurses be aware of

Back 9

4 .they are delegation does not compromise the safety or qualtiy of care of people

Front 10

Nuses will not carry out their duties if their health or are incompacitated by alcohole

Back 10

and will report any such action by othr nurses
a nurse will not put another in the comprimised health situation

Front 11

Crimnial law and health governance
has been developed b y

Back 11

english law

Front 12

a crime is

Back 12

an activity that is commonly referred to as wrong and that justifies punishment

Front 13

a public wrong

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act which is detrimental effect on the public as a whole or extends beyond private rights

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criminal law

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determines the duties individuals owe to the entire community

Front 15

punishment

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considered as a deterrent

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sanctions

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respect for the law and allow criminal activity to be openly condemned

Front 17

history of criminal law

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1. actus reus - voluntary omission causation
2. mens rea - the mental act
3. principle of double effect
4. criminal negligence & vicarious liability

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criminal law and health care

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qld criminal code relates to beginning of life and end of life issues such as
beginning of life issues:abortion section 224,224,282
end of life : euthanasia, manslaughter, homicide
child abuse/ elder abuse
Infacticide

Front 19

abortion criminal code

Back 19

it is a criminal offence to procure a miscarriage of a woman,

Front 20

basis for a dence to abortion

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a person is not criminally resposible for prforming in good faith and with reasonalbe care and skill a surgical operation

Front 21

end of life issues homicide/manslaughter

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purpose - to provide the necessaries of life
homicide - refers to the killing go a personand includes murder, manslaughter and infacticide
sanctitiy of life

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end of life issues
murder -

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is the most seriou is when a man of sound memory and of the age of discretion, unlawfully kilss

Front 23

end of life issues
manslaughter

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voluntary manslaughter intended to kill and or cause serious harm
involuntary manslaughter reckless grossly negligent

Front 24

child protection
meaning of infanticide

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person guilty of killing a newborn child

Front 25

transplantation act (qld) 1979

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purpose: to stop somone from causein grevious injury for the benefit of obraining body parts tissue etc

Front 26

contract law

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voluntary agreement between 2 people with the intension of creating a legally enforcamble relationship

Front 27

for a contract to be valid

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intention by allparties to create the legal obligations
an offer is made and accepted without qualification

Front 28

contract law an employee is

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paid a wage
is in benefit of other awards annual sick leave super annuation
is directed and controlled by their employer where the employee is employed to work

Front 29

contract law
negligence

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hospitals duty to patients to select staff with care

Front 30

vicarious liability

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can only arise in that corporate bodies might be liable for the negligence of their agents
imposes legal liability on one person eg employer, employee for the tort or wrong of another

Front 31

workplace regulations act c'welth 2006

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purpose sets out health and safety regulations for everyone in the workplace
makin g the workplace safer
extends to all hospitals and health care agencies

Front 32

the workplace must have

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workplce health and safety obligation
regulations codes of practicve
board and officials
health & safety officials and representatives
inspectors to monitor health and safety regulations

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eg of codes

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infectious control
floor space
adequate water
first aid
ventilation

Front 34

duties & resposibilties of the employee

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obey directives made by employer to dress a certain way
exercise due care in the performance of work
be loyal and act in the best interest of their emplyoer not to waste employers equipment and time

Front 35

behaviors that can have an adverse impact on the workplace h&s of workers

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bullying
harassment
inequity
whistle-blowing

Front 36

risk management principles

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description of the risk :gather data probablity it will require prevention
categorization of the risk: ethical standard, compliance,employee health
Assessment: of each category of risk: poss/probability of prevention
prevention
management
evaluation
review and update

Front 37

employees should

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follow safe work procedures
wear ppe
report unsafe acts
report any illnesses or injuiries
co-op with h&s commitees

Front 38

negligence

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causing damage to another because of failure to exercis reasonable care
it is doing somthing that a reasonable person in your position would not do
not doing something that a reasonable person would do

Front 39

tort law is

Back 39

civil law
means twisted
is concerned with redressing wrongs experienced by a plaintiff
is delt with with compensation
seek to act as a deterrent

Front 40

tort law and consent
types of consent

Back 40

verbal
impleid
written/writtin consent form

Front 41

tort law and health care

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consent/assault
false imprisonment
defamation
negligence

Front 42

tort law elements of valid consent

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1. informed
discloseure of information
comprehension of information
2. voluntarily given/voluntariness
3. legal capacity
mental capacity/intellectually mature.

Front 43

tort law and assault

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assault - in the mind of another of the fear of immenent unwated physical contact. does not need to be contact
2. battery is the physical contact with the person of another
3. children and consent the gillick/maturity principle

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tort law and imprisionment

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unlawfully detaild against their will. striction of movements with patients etc
2. restriction must be total
3. exceptions to the rule see quarantine and mental health acts.

Front 45

tort law and defamation

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the publication of false information with leads to lower the person, the subject of communication in the estimation of his/her peers
2. it is an action that seeks to protect the reputation of individulas in society

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slander


libel

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verbal communition


written communication

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defamation

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lowers the reputation of the persons perception in the community
statements likely to injure the plantiffs prefession
the statements likely to get the plantiff shunned, avoided or ridiculed.

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defamation

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harm to the persons reputation
be published
refer to the person alleging the defarmation

Front 49

criminal law and negligence

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identifies activities which the state considers unacceptable to a degree that warrants punishment
may be applied to health care in relation to grossly reckless/unacceptable conduct or behaviour such as theft, criminal assault or murder.

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vicarious liability

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imposes legal liability on one person(or organisation) for the tort or wrong of another without any personal fault being attached to that person or organisation
an employer is liable fro the wrongs of an employee in the course of employment.

Front 51

misconduct by health care professionals
unsatisfactory professional conduct can be referred to

Back 51

medical board of queensland
qnc
quality health & complaints commission qld 2006
conviction of an indictable offence/referral to state prosecutor for investigation

Front 52

patient information and confidentiality

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confidentiality
whatever things seen or heard in the course of medical practice ought not to be spoken of
Privacy/Private
to keep secret

Front 53

types of law

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tort law - civil wrong
civil law - compensation
criminal law - punishing

Front 54

exceptions ot the rule of confidentiality prima facie ( what appears first ly)

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to protect then or the person form harm
to protect anothr party or parties form harm

Front 55

professional codes

Back 55

code of ethics for nurses in aust.private patients hospital charter
pulic patients hospital charter
also ethis covers midwifes and paramedics

Front 56

ethical obligations tof patient confidentiality
the nurse should

Back 56

respect the persons right to determine who will provide with helath care and information
exceptions when they or someone is in danger
seek consent when information is to be used for research, etc.
use caution to ensure there are no inadvertent breches of privacy eg to be used only for professional purposes.

Front 57

collecting information

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the patient must be informed why

Front 58

patient gives consent for

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health purposes
only that persons information
to provide treatment
it will not be used for anything else
it will be treated with the legal and professional and intit obligations related to the disclosure of patient information and patient confidentiality

Front 59

when records are requested a doctor can

Back 59

refuse due to the circumstances be under duty to disclose records where refusal might prejudice the general health of the patient
or
the request is reasonalbe in the circumstances
or
reasonable reward for the discloseure is tendered eg that it is desirable for the patient who wishes to know the details of what is contained in the hosptial medical records.

Front 60

privacy amendment act 2000

Back 60

regulates the way privete secotr organisations can collect, keep usem keep secure, and disclose personal information
it gives an individual the right to know what information an organisation holds about them and a right to correct that information if it is worng

Front 61

patients win right to doctor record privacy

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doctors will have 30 days to surrender all medical records on demand from their patients und draft guidlines for new privacy laws
practicioners who pass on information could face court
malcolm crompton said it would strenghten the doctor patient relationship

Front 62

tort of defamation

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must have been relaied to a third personand it must refer to the person being defamed.

Front 63

scope of practice

Back 63

isin qld is determined by what they are educated, competent and authorised to perform