Course Title: Apply legal and ethical parameters to nursing practice

Part B: Course Detail

Teaching Period: Term2 2013

Course Code: NURS5282C

Course Title: Apply legal and ethical parameters to nursing practice

School: 155T Life & Physical Sciences

Campus: Bundoora Campus

Program: C5313 - Diploma of Nursing (Enrolled-Division 2 Nursing)

Course Contact : Leeanne Mond

Course Contact Phone: +61 3 9925 4837

Course Contact Email:leeanne.mond@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

City Campus:

Bundoora Campus:

Nominal Hours: 30

Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.

Pre-requisites and Co-requisites

NIL PRE REQUISITES  OR CO REQUISITIES

Course Description

This unit of competency describes the skills and knowledge required for an Enrolled/Division 2 nurse to perform within the legal and ethical parameters of professional practice, supporting client rights and meeting duty of care requirements


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

HLTEN509B Apply legal and ethical parameters to nursing practice

Element:

1. Perform within legal and ethical parameters of professional nursing practice
2. Apply an understanding of the legal framework
3. Apply ethical concepts to clinical practice
4. Support the rights, interests and needs of clients and their families
5. Apply open disclosure processes
 

Performance Criteria:

1.1 Apply a clear understanding of legal and regulatory acts/guidelines as they impact on nursing practice
1.2 Address the implications of current legislation as incorporated into nursing practice
1.3 Apply codes of ethics, code of conduct and Enrolled/Division 2 nursing competency standards in nursing practice
1.4 Function within the scope of jurisdictional Enrolled/Division 2 nurse practice
1.5 Handle client complaints sensitively and in line with organisation policies and procedures
1.6 Refer all requests for client information to a registered nurse as per state/territory legislation and organisation policies and procedures

2.1 Work with an understanding of how the law operates in relation to nursing practice with regard to legal processes, principle and penalties
2.2 Accurately apply concepts of negligence, duty of care and vicarious liability to professional practice as an Enrolled/Division 2 nurse
2.3 Apply a clear understanding of the requirement to obtain consent to treatment
2.4 Apply principles of restraint appropriately, with a clear understanding of their intent and use
2.5 Use common legal terms associated with nursing practice with a clear understanding of their meaning and implications for nursing practice
2.6 Apply the legal requirements and expectations in relation to report writing in nursing practice
2.7 Apply mandatory reporting processes in line with jurisdictional requirements
2.8 Apply client privacy and confidentiality practices in line with legislative requirements and organisation policies and procedures
2.9 When referral or request for test is received, ensure nature and requirements of test are correctly identified

3.1 Work with a clear understanding of the concept of ethics and its place in nursing practice
3.2 Demonstrate ethical practice in all interactions with clients, relatives and carers and colleagues
3.3 Identify, document and report any potential ethical issues as and if they arise
3.4 Maintain an awareness of contemporary ethical issues that may impact on nursing practice
3.5 Develop and implement strategies to resolve ethical issues within practice
3.6 Take responsibility for addressing ethical issues and legal requirements in line with own nursing role
3.7 Complete all documentation in accordance with state/territory legislation and organisation policies and procedures
3.8 Monitor compliance with legal obligations and requirements

4.1 Comply with legal responsibilities and duty of care in all care activities and interactions with clients and their families and carers
4.2 Support client rights, interests and decisions
4.3 Encourage the client to exercise their rights to make informed decisions regarding their care
4.4 Demonstrate respect and support for the dignity of clients and their families
4.5 Act as an advocate for client and family in line with jurisdictional Enrolled/Division 2 nurse scope of practice

5.1 Work with an understanding of the principles and processes of open disclosure in a health care environment
5.2 Work with an understanding of the role of open disclosure within own role as an Enrolled/Division 2 Nurse
5.3 Work with an understanding of the roles of other health care workers in relation to open disclosure


Learning Outcomes


At the end of this course the student should be able to:


• Perform within the legal and ethical parameters of professional nursing practice
• Apply an understanding of the legal framework
• Apply ethical concepts to clinical practice
• Support the rights, interests and needs of clients and their families
• Apply open disclosure processes
 


Details of Learning Activities

Refer to the latest timetable on Blackboard for actual days

Learning Strategies will be in the form of:

• Facilitated class discussion
• Small Group Work
• Self Directed Learning
 


Teaching Schedule

Lesson 1: Peform within legal and ethical parameters of professional nursing practice - Legal Framesworks

• Define the legislation governing nursing practice in Australia, including the Health Practitioner Regulation and National Law Act 2009

• Define the role, core activities and responsibilities of organisations, which are responsible for the regulation of nurses in Australia.

• Identify any recent changes regulatory/professionals organisations have undergone, and why these have occurred

• Define the relevance of the regulatory organisations to the Enrolled Nurse
 

Lesson 2: Perform within legal and ethical parameters of professional nursing practice - The Role of the Division 2 Enrolled Nurse

• Define & discuss the concepts of competency, & the EN’s scope of practice
• Discuss the ANMC competency standards for the EN, & their relevance to the Diploma of Nursing
• Discuss the Code of Ethics, & Professional Code of Conduct
 

Lesson 3: Apply an understanding of the legal framework - Australian Law Part 1

• Discuss Australian law, including the relationship of between healthcare workers & the law
• Discuss the formation & administration of Australian Law, including common pieces of legislation relevant to nurses
• Describe the differences between criminal & civil law, & their associated key terms
• Define assault, battery & negligence, including duty of care
• Define consent, & the legal requirements of a valid consent
 

Lesson 4: Apply an understanding of the legal framework - Australian Law Part 2

• Revise key terms from session 3
• Define false imprisonment & restraint, & discuss the EN’s responsibilities when caring for a patient requiring physical restraint
• Define mandatory reporting, & discuss the EN’s responsibilities for reporting actual/potential child abuse
• Define ‘notifiable conduct’ of health professionals, & the EN’s responsibilities
 

Lesson 5: Apply ethical concepts to clinical practice

• Define ethics, & the principles of healthcare ethics
• Define ethical rules of professional client relationships
• Discuss/Describe strategies to resolve ethical dilemmas
• Discuss the importance of advocacy in protecting client rights
 

Lesson 6: Support the rights interests and needs of clients and their families - Life and Death Decisions

• Discuss the Medical Treatment Act 1988,including the patient’s right to refuse treatment
• Discuss issues associated with terminal illness/end of life care, including capacity to make health care decisions, living wills & advanced care directives
• Identify & describe the services provided by the Office of the Public Advocate, & the Victorian Civil & Administrative Appeals Tribunal
• Identify & discuss the roles & responsibilities of the State coroner
• Identify & discuss the EN’s roles & responsibilities in supporting people to make life & decisions
 

Lesson 7: Apply open disclosure processes

• Review the role of the coroner & the EN’s responsibilities in preparing for a coroners case, including open disclosure & documentation
• Review decision making strategies for ethical dilemmas, including life & death decisions
 


Learning Resources

Prescribed Texts

No Prescribed text for this course


References

Recommended reading:
• Crisp, J & Taylor, C 2009 Potter and Perry’s Fundamentals of Nursing, 3edn.Elsevier Sydney
• Funnell, R Koutoukidis, G & Lawrence, K 2009 Tabbner’s Nursing Care 5edn, Elsevier Sydney
• McIlwrath, J and Madden, J 2006, Healthcare and the Law 5edn, Thomaon Reuters, Riverwood Staunton, P and Chiarella, M 2008, Nursing and the Law,6th edn, Elsevier, Chatswood  


Other Resources

All powerpoints are posted on student Black board


Overview of Assessment

Underpinning knowlegefor this unit of competency will be assessed via the following methods:

  • Case studies
  • Written Assessment
  • Clinical Placement


Assessment Tasks

Classroom presentation - 20%
Written Assignment - 60%
Clinical placement - 20% ( this course is assessed over clinical placement 1 and clinical placement 2)
 

Assessments will be discussed on first day of course so student has an understanding of expectations of assessments


Assessment Matrix

All assessment tasks must have a competent outcome before a grade can be awarded for this course

All written assessment must have 60% grade to be deemed competent

  • 60 -69      - CAG
  • 70 - 79     - CC
  • 80 - 89     - CDI
  • 90 - 100    - CHD

Other Information

Classroom attendance of 80% requirement

This course must have a competency grade awarded before commencing phase 2 of the program

If deemed not yet competent (NYC) student will be unable to commence phase 2 of the program

Delivery: Nominal Hours

  • Classroom Delivery - 21 hours
  • Clinical Placement - 19 hours ( placement over placement 1 and placement 2 - both must have a competent outcome to be deemed competent in this course)

Course Overview: Access Course Overview