SAMPLE. HLTEN509B Apply legal and ethical parameters to nursing practice. Learner resource. HLT07 Health Training Package.

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1 HLT07 Health Training Package HLTEN509B Apply legal and ethical parameters to nursing practice Learner resource Version 2 Training and Education Support Industry Skills Unit Meadowbank Product Code: 5569

2 Acknowledgments The TAFE NSW Training and Education Support Industry Skills Unit, Meadowbank would like to acknowledge the support and assistance of the following people in the production of this learner resource guide: Writers: Irene Hancock Rhonda Albani TAFE NSW Reviewer/Editor: Glenys Wensor Victoria LeQuesne Maureen Clugston Kimerley Brown TAFE NSW Project Manager: Liz Bougaardt Amanda Culver Sherryl Dismorr Fran Alexander Di Dawbin Education Programs Manager Training and Education Support, Industry Skills Unit, Meadowbank TAFE NSW Acknowledgements are also given to all facilitators of the Enrolled Nurse Education Program. Enquiries Enquiries about this and other publications can be made to: Training and Education Support Industry Skills Unit, Meadowbank Meadowbank TAFE Level 3, Building J, See Street, MEADOWBANK NSW 2114 Tel: Fax: TAFE NSW (Training and Education Support, Industry Skills Unit Meadowbank) 2012 Copyright of this material is reserved to TAFE NSW Training and Education Support, Industry Skills Unit Meadowbank. Reproduction or transmittal in whole or in part, other than subject to the provisions of the Copyright Act, is prohibited without the written authority of TAFE NSW Training and Education Support, Industry Skills Unit Meadowbank. ISBN TAFE NSW (Training & Education Support, Industry Skills Unit Meadowbank) 2012

3 Table of contents Introduction General introduction Using this learner guide Prior knowledge and experience Unit of competency overview Assessment...12 Section 1 Competencies/legislation Section 2 Law and Acts Section 3 Moral/ethical issues Section 4 Client rights/advocacy Section 5 Reporting Resource List Resource Evaluation Form TAFE NSW (Training & Education Support, Industry Skills Unit Meadowbank) 2012

4 Section 1 Competencies/legislation Australian Nursing and Midwifery Council Limited (ANMC) National Competency Standards for the Enrolled Nurse Competency standards have been developed for both Registered and Enrolled/Division 2 nurses as the core competency standards by which your performance may be assessed. They provide you with the framework for assessing your own competence. You will find the ANMC competencies in your Learner Information Book. Activity 1 Using related text or the internet, define the following terms: (i) ethics (ii) bioethics (iii) nursing ethics TAFE NSW (Training & Education Support, Industry Skills Unit Meadowbank) 2012 Page 15 of 54

5 Code of Ethics for Nurses in Australia Activity 2 Define the following terms using any nursing textbook or the internet. (i) accountability (ii) individual/individuals (iii) moral agent (iv) responsibility (v) ethical problem Page 16 of 54 TAFE NSW (Training & Education Support, Industry Skills Unit Meadowbank) 2012

6 Background The Code of Ethics for Nurses and the Code of Professional Conduct for Nurses in Australia, and the Code of Ethics for Midwives and the Code of Professional Conduct for Midwives in Australia, together with other practice standards and codes including the National Competency Standards, provide a framework for legally and professionally accountable and responsible nursing practice in all clinical, management, education, and research domains. The Codes of Ethics and Conduct communicate to both the professions and to the public, defining what is expected of nurses and midwives to practice ethically. Until 2008, nurses and midwives both practiced according to the same codes of ethics and professional conduct. However, in recognition of the differences between the two professions, in 2008 new codes were developed for each profession. ( The Code of Ethics for Nurses in Australia was first developed in 1993 under the auspices of the Australian Nursing Council Inc., Royal College of Nursing, Australia and the Australian Nursing Federation and has been revised in 2002 and It is recognised that the Code of Ethics could not have been realised without the participation of nurses and nursing organisations in Australia, whose many submissions and comments are acknowledged and appreciated. The Code of Ethics outlines the nursing profession s intention to accept the rights of individuals and to uphold these rights in practice. The Code of Ethics is complementary to the International Council of Nurses (ICN) Code of Ethics for Nurses (2000). The purpose of the Code of Ethics for Nurses in Australia is to: identify the fundamental ethical standards and values to which the nursing profession is committed, and that are incorporated in other endorsed professional nursing guidelines and standards of conduct provide nurses with a reference point from which to reflect on the conduct of themselves and others guide ethical decision making and practice indicate to the community the human rights standards and ethical values it can expect nurses to uphold. This Code contains eight value statements. Nurses are encouraged to use these statements as a guide in reflecting on the degree to which their practice demonstrates those values. As a means of assisting in interpretation of the eight values, a number of explanatory statements are provided. The explanations accompanying each of the eight value statements are organised into four categories: self, person (health consumer), colleagues and community. Self: refers to the nurse, registered or enrolled, who is employed in that capacity. It also refers to students of nursing. Person (health consumer): refers to the person requiring or receiving health care, treatment, advice, information or other related services. It includes the full range of alternative terms such as client, resident and client. This term may include the family, friends, relatives and other members of a person s nominated social network, and people who are associated with the person who is the recipient of care. TAFE NSW (Training & Education Support, Industry Skills Unit Meadowbank) 2012 Page 17 of 54

7 Colleagues: includes other nurses, students, other health care workers, staff and others lawfully involved in the care of the person. Community: refers to Australian society as a whole regardless of geographic location and any specific group the individual receiving nursing care defines as community, including those identifying as culturally connected through ethnicity, shared history, religion, gender and age. ANMAC Code of Ethics for Nurses (2008) The value statements are: 1. Nurses value quality nursing care for all people. 2. Nurses value respect and kindness for self and others. 3. Nurses value the diversity of people. 4. Nurses value access to quality nursing and health care for all people. 5. Nurses value informed decision making. 6. Nurses value a culture of safety in nursing and health care. 7. Nurses value ethical management of information. 8. Nurses value a socially, economically and ecologically sustainable environment promoting health and wellbeing. The nurse s primary professional responsibility is to people requiring nursing care. In fulfilling this responsibility nurses provide care and support before and during birth and throughout life, and alleviate pain and suffering during the dying process. Nurses enable individuals, families and groups to maintain, restore or improve their health status, or to be cared for and comforted when deterioration of health has become irreversible. A traditional ideal of nursing is the concern for the care and nurture of human beings giving just and due consideration to their ethnicity, culture, gender, spiritual values, sexuality, disability, age, economic, social or health status, or any other grounds. Nurses respect and uphold the rights of Australian Indigenous peoples. The profession also acknowledges the cultural diversity in contemporary Australian society. Nursing care is based on the development of a therapeutic relationship and the implementation and evaluation of therapeutic processes. Therapeutic processes include health promotion and education, counseling, nursing interventions and empowerment of individuals, families or groups to exercise maximum choice in relation to their health care. Nursing practice is undertaken in a variety of settings. Any particular setting will be affected to some degree by processes which are not within a nurse s control or influence. The processes affecting nursing practice can include government policies, laws, resource constraints, institutional policies, management decisions, and the practice of other health care providers. Nurses also recognise the potential for conflict between one person s needs and those of another, or of a group or community. Such factors may affect the degree to which nurses are able to fulfil their moral obligations and/or the number and type of ethical problems they may face. Page 18 of 54 TAFE NSW (Training & Education Support, Industry Skills Unit Meadowbank) 2012

8 These explanatory statements are not intended to cover all the aspects a nurse should consider, but can be used to assist further exploration and consideration of ethical concerns in nursing practice. Nurses are also encouraged to undertake discussion and educational opportunities in ethics in order to clarify for themselves issues related to the fulfilment of their moral obligations. This Code of Ethics is not intended to provide a formula for the resolution of ethical problems, nor can it adequately address the definitions and exploration of terms and concepts which are part of the study of ethics. Nurses are autonomous moral agents and sometimes may adopt a personal moral stance that would make participation in certain procedures morally unacceptable to them. Nurses have a right to refuse (conscientious objection) to participate in procedures, which they judge on strongly held moral beliefs to be unacceptable. In exercising their conscientious objection nurses must take all reasonable steps to ensure that quality of care and client safety is not compromised. Nurses accepting employment positions where they foresee they may be called on to be involved in situations at variance with their sincerely held beliefs, have a responsibility to acquaint their employer or prospective employer with this fact within a reasonable time. Nurses, however, should consider seriously whether it is appropriate for them to accept employment positions where they see these situations may arise, particularly if this is likely to be more than a rare occurrence. Employers and colleagues have a responsibility to ensure that such nurses are not overtly or covertly discriminated against in their workplace. The Code of Ethics is supported by the Code of Professional Conduct for Nurses in Australia. While the Code of Ethics focuses on the ethics and ideals of the profession, the Code of Professional Conduct identifies the minimum requirements for practice in the profession, and focuses on the clarification of professional misconduct and unprofessional conduct. The two Codes, together with published practice standards, provide a framework for nursing. Refer to ANMC website for explanation and details for each value statement. Code of Professional Conduct for Nurses in Australia Professional conduct refers to the manner in which a person behaves while acting in a professional capacity. It is generally accepted that when performing their duties and conducting their affairs professionals will uphold exemplary standards of conduct, commonly taken to mean standards not generally expected of lay people or the ordinary person in the street (Johnstone and Kanitsaki 2001). This is a set of expected national standards of nursing conduct for Australian nurses. It provides the minimum requirements for conduct in the profession. Nurses are responsible to provide safe and competent care which meets the needs of both the community and the profession. TAFE NSW (Training & Education Support, Industry Skills Unit Meadowbank) 2012 Page 19 of 54

9 The ANMC Code of Professional Conduct is concerned with behaviour- the manner in which a person behaves while acting in a professional capacity. The Code was published in 1990 and revised in 2003, 2006 and Activity 3 Access the NMBA website and find the Code of Professional Conduct for Nurses and Midwives. This will be used for classroom discussion. Health Practitioner Regulation National Law (NSW) The National Registration and Accreditation Scheme (the National Scheme) for health practitioners in Australia commenced on 1 July 2010 under the Health Practitioner Regulation National Law Act (the National Law) as in force in each state and territory. Under the National Law, the Nursing and Midwifery Board of Australia (the Board) is responsible for the regulation of the nursing and midwifery professions and is supported in this role by the Australian Health Practitioner Regulation Agency (AHPRA). The Board has approved registration standards, codes, guidelines and competency standards that together form a Professional Practice Framework (PPF) that determines the requirements and the Board s expectations in guiding the professional practice of nurses and midwives in Australia. Page 20 of 54 TAFE NSW (Training & Education Support, Industry Skills Unit Meadowbank) 2012

10 Activity 4 Access Australian Health Practitioner Regulation Agency website (AHPRA legislation) and preview the Health Practitioner Regulation Act This will be used for classroom discussion. TAFE NSW (Training & Education Support, Industry Skills Unit Meadowbank) 2012 Page 21 of 54