Course Title: Apply legal and ethical parameters to nursing practice

Part B: Course Detail

Teaching Period: Term2 2013

Course Code: NURS5257C

Course Title: Apply legal and ethical parameters to nursing practice

School: 155T Vocational Health and Sciences

Campus: City Campus

Program: C5246 - Diploma of Nursing (Enrolled/Division 2 nursing)

Course Contact: Carylin Lenehan

Course Contact Phone: +61 3 9925 4837

Course Contact Email: carylin.lenehan@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

Not Applicable

Course Description

This course includes 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 &ethical parameters of professional nursing practice
 

2) Perform within legal &ethical parameters of professional nursing practice
 

3) Apply an understanding of the legal framework

4) Apply an understanding of the legal framework
 

5) Apply ethical concepts to clinical practice
 

6) Support the rights interests & needs of clients & their families
 

7) 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


Learning outcomes
• 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

• Simulation/Scenario
• Facilitated class discussion
• Small Group Work


Teaching Schedule

Lesson 1:  Perform within legal &ethical parameters of professional nursing practice -Legal Frameworks
• 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 &ethical parameters of professional nursing practice - The Role of the EN
• 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 & needs of clients & their families Life & 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 presecribed 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 Classroom powerpoints will be posted on student Blackboard


Overview of Assessment

Written Assignment 100%
Attendance of Placement & Competency Completion
 


Assessment Tasks

All assessment tasks will be discussed on first lesson of this course and expectations for assessment

All assessments must have a competency grade to be deemed competent

Classroom attendance of 80% requirement for competency

Minimum grade to be deemed competent is 60%

Clinical placement 100% attendance required for competency (over placement 1 and placement 2)


Assessment Matrix

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

Other Information

Essential knowledge:
The candidate must be able to demonstrate essential knowledge required to effectively do the task outlined in elements and performance criteria of this unit, manage the task and manage contingencies in the context of the identified work role
These include knowledge of:
• Application of legislation to Enrolled/Division 2 nurse practice
• Application of ethical principles to Enrolled/Division 2 nurse practice
• definitions of ethics, bioethics and nursing ethics
• theoretical concepts informing ethical conduct
• A moral decision making model
• Contemporary ethical issues:
• Autonomy
• non-maleficence
• beneficence
• justice
rights
• Law:
• civil law
• common law
• court system
• precedent
• sources
• statute law
• types
• Law of torts:
negligence
• trespass
• assault and battery
• types of consent
• valid consent
• legal and intellectual capacity
• false imprisonment
• defamation
• The coroner, including:
• coronial inquests
• functions of the coroner
• giving evidence to the coroner
• Models of documentation
Principles of confidentiality and privacy responsibilities
 

Essential skills:
It is critical that the candidate demonstrate the ability to effectively do the task outlined in elements and performance criteria of this unit, manage the task and manage contingencies in the context of the identified work role
These include the ability to:
• Address legal requirements of nursing documentation
• Apply knowledge of:
• legislation related to nursing practice
• duty of care
• scope of practice of the Enrolled/Division 2 nurse
• legal requirements of nursing documentation
• Apply professional standards of practice:
• ANMC code of conduct
• ANMC code of ethics
• ANMC national Enrolled/Division 2 nurse competency standards
• state/territory Nurse Regulatory Nurses Act
• state/territory Nursing and Midwifery Regulatory Authority standards of practice
• scope of nursing practice decision making framework
• Support rights of clients and their family.
• Use interpersonal skills including working with others, using sensitivity when dealing with people and relating to persons from differing cultural, social and religious backgrounds
• Use oral communication skills (language competence) required to fulfil job roles as specified by the organisation/service. Oral communication skills include interviewing techniques, asking questions, active listening, asking for clarification
• Use written communication skills (literacy competence) required to fulfil job roles as specified by organisation/service - reading, writing and understanding client documentation in relation to legal requirements
 

Course Overview: Access Course Overview