HLTENN008: Legal and Ethical Parameters in Nursing Practice Assignment

This assignment delves into the legal and ethical parameters that govern nursing practice. It begins by examining the importance of continuous professional development for nurses and other healthcare practitioners, highlighting the role of certified learning in enhancing their capabilities. The assignment then explores various relevant legislation, including the Health Practitioner Regulation National Law (Vic) Act 2009, National Safety and Quality Health Service (NSQHS) Standards 2012, and the Drugs Poisons and Controlled Substances Act 1981, among others. Key ethical considerations such as confidentiality and the rights of both clients and nurses are discussed. Further, the assignment addresses complex ethical dilemmas surrounding artificially prolonging life, tissue transplantation, reproductive technology, refusal of treatment, restraint, and do-not-resuscitate orders. Finally, it includes a case study involving a patient with tuberculosis, detailing the admission process, incident management, and the importance of open disclosure. The assignment provides a comprehensive overview of legal and ethical considerations in nursing practice, equipping students with essential knowledge for their professional roles.

Legal activities in
nursing

Table of Contents
ACTIVITIY 1..................................................................................................................................1
Topic: Continuous professional development ............................................................................1
ACTIVITY 2....................................................................................................................................1
Health Practitioner Regulation National Law (Vic) Act 2009....................................................1
National Safety and Quality Health Service (NSQHS) Standards 2012.....................................1
Drugs Poisons and Controlled Substances Act 1981 and the Drugs Poisons and Controlled
Substances Regulations 2017......................................................................................................1
The Mental Health Act 2007.......................................................................................................2
The Privacy Act 1988 (Commonwealth)....................................................................................2
Health Records Act 2012 (Commonwealth)...............................................................................2
Aged Care Act 1997 (Commonwealth).......................................................................................2
Victorian Carers Recognition Act 2012......................................................................................2
Criminal Code Act 1985 (Commonwealth)................................................................................2
Equal Opportunity Act 2010 (VIC).............................................................................................3
Children and Young People Act (Vic) 2012...............................................................................3
Working with Children Act (Vic) 2005......................................................................................3
Occupational health and safety act 2004.....................................................................................3
ANMF social media policy 2016................................................................................................3
ACTIVITY 3....................................................................................................................................3
Confidentiality.............................................................................................................................3
Rights of client and the nurse......................................................................................................4
ACTIVITY 4....................................................................................................................................4
Artificially prolonging life..........................................................................................................4
Tissue transplantation and organ donation .................................................................................4
Reproductive technology............................................................................................................5
Refusal and withdrawal of treatment..........................................................................................5
Restraint......................................................................................................................................5
Not for resuscitation orders ........................................................................................................5
ACTIVITY 5 ...................................................................................................................................5

REFERENCES................................................................................................................................8

ACTIVITIY 1
Topic: Continuous professional development
Continuous professional development is the procedure of training and developing
professional knowledge as well as skills by independent participation based or interactive
learning (Slettebø and et. al., 2017). This form of learning will provide assistance to nurse and
other health care practitioner to improve their capabilities with the assistance of certified
learning. Moreover, it is important for people working in health care sector to engage in
continuous professional development so they will be able to learn things in more effective
manner and able to serve best services to patients.
ACTIVITY 2
Health Practitioner Regulation National Law (Vic) Act 2009
In this Act, referrals has been accepted in relation of conduct regulated heath practitioner
from panels as well as boards. Along with this, local application provision of this act are other
than the Health Practitioner Regulation National Law which set out within the schedule.
National Safety and Quality Health Service (NSQHS) Standards 2012
Aim of National Safety and Quality Health service standard is to protect people from
harm as well as enhance quality of healthcare (Kang and Kim, 2016). In addition to this, they
will explain level of care which has to be provided through service company as well as the
system which required for delivering such care.
Drugs Poisons and Controlled Substances Act 1981 and the Drugs Poisons and Controlled
Substances Regulations 2017.
The Drugs Poisons and controlled substances Act 1981, encourage proper utilisation of
medicines as well as poisons within partnership with suppliers, manufacturer, health practitioner
as well as public.
On May 23rd 2017, new Victorian Drugs Poisons as well as Controlled substances
regulation 2017 came in to force for replacing the DPCS regulation 2006. In addition to this, new
Drugs Poisons and Controlled Substances Regulation 2017 involves modification that are related
for hospital pharmacy practices.
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The Mental Health Act 2007
It is an Act of Parliament of UK as well as it was firstly amended in 1983 and then
modify in The Mental Health Act 2007. There are some changes in new act such as redefining
professional roles such as broadening the changes of mental health professions who are
responsible treatment of patient without taking consent from them. In addition to this, definition
of mental disorder also get improve.
The Privacy Act 1988 (Commonwealth)
It is an Australian law which is dealing with privacy of individual in healthcare sector.
According to this act it is important for heath care sector organisation to safe and secure their
patient data as well as information (Soheilipour and Farajzadeh, 2016). They have to ensure that
it should not disclosure with any third party.
Health Records Act 2012 (Commonwealth)
This act was designed for supporting record system operates as well as motive behind
establishment of Health Record Act is to explain role as well as functions of system operator. In
addition to this, it is important to register framework of particular person as well as entities like
healthcare provider organisation.
Aged Care Act 1997 (Commonwealth)
The Aged care Act 1997 is the law which cover aged care that funded by government. As
per this act rules are setted for things such as regulation, funding, quality of care and rights,
approval of providers and many more who are receiving care.
Victorian Carers Recognition Act 2012
This Act came into effect on 1st July 2012 and it recognise care relationship as well as
role of carers within community. Victorian carers Recognition Act defines a carer as the person
who provide care to other person as well as it involves carers under age of 18. in this, care is
provided to the person who are disable.
Criminal Code Act 1985 (Commonwealth)
The criminal law of Australia is the body of law made, recognised as well as applied in
Australia in relation of crime. In addition to this, criminal law may be differentiated from civil
law that Australia relates to non-criminal law which involve contract law, civil wrongs, property
law and many more.
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Equal Opportunity Act 2010 (VIC)
As per Equal opportunity act, it is important to provide treatment opportunities to patient
in equal manner without any differentiation on the basis of Age, gender, cast, religion and many
other related to same.
Children and Young People Act (Vic) 2012
Children and young people protection is the act in which individual is protected from
exploitation, abuse, violence, neglect and several other (Galambos and et. al., 2016). In addition
to this, Child and young people protection system are the set which run by government services
for protecting children and young people who are underage as well as encourage family stability.
Working with Children Act (Vic) 2005
It is the Australia legislation in which organisation will be check that they are involved
with child related work or not. These check motive is to prevent individual from working with
children if in case records indicate then it may pose an unacceptable risk level to children.
Occupational health and safety act 2004
This act cover most workplaces in Victoria such as hospital, schools, factories, offices,
sites, farms, forests or several other places where employees are working (FRAZIER,
LEONARD and TWYLA, 2018). Moreover, petroleum industries and mining as well as other
commonwealth government working area are covered through separate health and safety laws.
ANMF social media policy 2016
For Australian Nursing & Midwifery Federation social media policy it is important for
nurse and other health care practitioner to must have knowledge about things which are posted
on social media. Because these involve such information that are related with health care and
useful for them for doing their work in more effective manner.
ACTIVITY 3
Confidentiality
It is important to have confidentiality in health care institution and in this nurse as well as
other healthcare practitioner play important role. Because they have personal data of patient in
relation of medical and other which has to be remain confidential as well as should not be share
with third party. Thus, in simple term it can be said that it is essential to have confidential and
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information of patient or other person should not be share with others. Because disclosing
personal health related information of patient with other may result in negative impact on
hospital as well as patient can sue the organisation also.
Rights of client and the nurse
Right of client
 Client has right to get respectful care through competent workers.
 They have right to know the name and job of his or her caregivers (DeMarco, Jones and
Daly, 2019).
 Client has right to have emergency process which done without not required delay.
Right of nurse
 Nurse have right to work in such environment which is safe for themselves and their
patients.
 Moreover, nurse have right to practice in the manner which fulfil their obligation to
society as well as to those who receive nursing care.
 Nurse have right to get fair compensation for their work, experience, professional
responsibilities as well as consistent with their knowledge.
ACTIVITY 4
Artificially prolonging life
It deal with confused people as well as non-acceptance of dying process which were
indicated through each and every respondent as most burdening situation. There are major 5
ethical issues related to Artificially prolonging life such as disagreement within patient/family &
medical teams, Unique religious preferences at end of life, non-beneficial or futile medical
intervention as well as withholding and withdrawing medical interventions.
Tissue transplantation and organ donation
Transplantation is one of the complex area in relation of medicine because when organs
or tissues are transplanted from one person to other (Rabia, Ismaile and Househ, 2017). In this,
sometimes immune system of recipients may reject as well as destroy tissues or organ of donor
and medicine is required to supress immune system of respondents.
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Reproductive technology
It encompasses all present as well as anticipated utilisation of technology in animal and
human reproduction involving assisted reproductive technology, contraception as well as many
more. But with the assistance of reproductive technology infertile couples have options which
will allow them to conceive children.
Refusal and withdrawal of treatment
Decision of withdraw medical treatment are at present commonplace as well as both legal
and ethical support these type of decisions are well established. In addition to this, within
situation of medical intervention is essential for sustaining life of patient.
Restraint
Medical restraints are physical restraints which utilise during specific medical process for
resisting patients with minimum discomfort as well as pain for preventing them from injuring
themselves or others.
Not for resuscitation orders
Do-not-resuscitate order is also name as no code or allow natural death is legal order
which can be written or oral that is depending on nation indicating which person don't want to
receive cardiopulmonary resuscitation of heat of person will get stop beating.
ACTIVITY 5
ABC is the person suffering from tuberculosis and need to be treat immediately because
bacteria is increasing day by day and infecting body. He was admitted on 1st July 2020 and his
son XYZ admitted him.
Data
Name of patient ABC
Date of birth 26/04/63
Admission diagnosis and
comments about management etc.
TB (Tuberculosis)
Date of patient admission 1st July 2020
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Relationship of patient and name
of relative
XYZ is son of patient ABC
Date of incident triggering the
open disclosure process
Description of Incident ABC was not able to take breath properly and coughing
continuously.
Incident outcome
Plan for further incident
management and investigation
Professional who are involved in
care of patient
Doctor who are expert in Tuberculosis as well as other
healthcare practitioner are involved in treatment of ABC.
First meeting
There is requirement of interpreter within doctor and
patient?
Yes, nurse work as interpreter within doctor and patient
so they will able to provide better treatment.
Patient (if able) consented to sharing information with
their family?
It is important to share condition of patient with their
family members so they will be able to take care in
effective manner.
Has the insurer been notified?
Date of first meeting
Location of first meeting
Is Patient/family able to understanding situation prior
of meeting
No they are not able to understand incident prior they
thought that it was simply cough and cold.
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Person to be responsible for note taking
Planning the disclosure dialogue Notes
Who will speak first, provide introductions and so on?
Anticipated patient concerns at this time if known
Apology
Explanation what happened
Listening to patient, family/carer concerns (ensure
they are offered the opportunity to express/relate their
experience and is listened to)
Discussion related to what had taken place
Detail in relation of short and long term impact
Assurance for patient/support person that they will be
informed when further information comes to hand
Information about further support available to the
patent and family
Information provided in relation to how to take the
matter further at any time
Next meeting date and location
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REFERENCES
Books and Journals
Slettebø, Å. and et. al., 2017. The significance of meaningful and enjoyable activities for nursing
home resident's experiences of dignity. Scandinavian journal of caring sciences, 31(4),
pp.718-726.
Kang, S. J. and Kim, I. S., 2016. Development of the Korean nursing profession with changes in
its legal basis.
Soheilipour, K. and Farajzadeh, Z., 2016. Evaluating the clinical competence of junior nursing
staff based on self-assessmentin Valiasr Hospital of Birjand in 2015-16. Modern Care
Journal. 13(4), p.e10089.
Galambos, C. and et. al., 2016. Analysis of advance directive documentation to support palliative
care activities in nursing homes. Health & Social Work, 41(4), pp.228-234.
FRAZIER, J. R. M., LEONARD, E. S. and TWYLA, L., 2018. Protecting Nursing Homes and
Their Residents from the Unlicensed Practice of Law. LULU Publishing SERVICES.
DeMarco, J. P., Jones, G. E. and Daly, B. J., 2019. Ethical and Legal Issues in Nursing.
Broadview Press.
Rabia, S. A., Ismaile, S. and Househ, M., 2017. Professional values among female nursing
students in Saudi Arabia. Informatics Empowers Healthcare Transformation, 238,
p.231.
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