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Access the “Fact sheet: Professional indemnity insurance arrangements” and Registration Standards through the NMBA.
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Describe the insurance you are required to hold as an enrolled nurse (division 2).
As an enrolled nurse it is necessary to have PII arrangements, also known as professional indemnity insurance. It provides insurance from the civil liability. It covers all the expenses and legal claims arising due to the nurse’s practice (Brett et al. 2014).
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Professional Indemnity Insurance for Enrolled Nurses
Q2-Describe the role that the Nursing and Midwifery Board of Australia has in regulating the nursing profession:
- The NMBA is responsible for registering midwifery and nursery students and practitioners
- It is responsible for developing and providing guidelines, codes and standards for the nursing profession
- It manages the complaints, investigations, notifications along with disciplinary hearings (Wu, 2015)
Q3- Describe the intent of the Commonwealth Aged Care Act (1997)
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The Aged Care 1997 ensures the access of individuals to aged care requiring who requires. The act protects individuals irrespective of caste, gender, culture, language, geographic location or economic condition. The Act is enforceable throughout Australia (Simmons et al. 968).
Q4
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Legal Term
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What is it and how does it apply to nursing practice?
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Civil law
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Law dealing with private matters and relations within community.
Dispute, mistreatment issues. ______________________________________________
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Common law
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It is known as case law or judge-made law, made by courts, judges and tribunals.
Used to inform the legal procedures and approaches related to the nursing and overall health care practice. ______________________________________________
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Statute law
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Federal Parliament passes the law and is applicable throughout the country (Simmons et al. 2016).
This law affects the practicing guide and information. ______________________________________________
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Torts
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It refers to the breach of contract and the action considered being a civil wrong.
It is applicable in cases of misconduct and wrong. _____________________________________________
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Precedent
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It refers to a guiding action, an example.
In nursing practice precedent cases are used to give proper nursing guiding practice.______________________________________________
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Negligence
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Negligence is the failure for taking proper care.
In nursing practice, it means not paying attention and care to the patients (Thompson, 2016). ______________________________________________
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Trespass
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Trespass means entering somebody’s place without permission.
In nursing practice it means not to deal with medical things and information which are considered restricted or non-permissible. ______________________________________________
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Assault and battery
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It refers to the deed of threatening an individual using physical contact. ______________________________________________
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Consent (including valid consent)
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Agreement.______________________________________________
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Capacity
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Ability. ______________________________________________
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Clinical incapacity
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Failure to provide medical assistant. ______________________________________________
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False imprisonment
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It occurs when a person confines another person without legal authority. ______________________________________________
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Defamation
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The right to conduct legal action against any damaging article about the person. ______________________________________________
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Vicarious liability
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When a person is wrongfully accused of the action done by another. ______________________________________________
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Defendant
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An individual accused or sued in the law court. ______________________________________________
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Plaintiff
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An individual filing case against another in the law court. ______________________________________________
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Harassment
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Aggressive intimidation or pressure. ______________________________________________
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Expert witness
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A person having the knowledge and facts about a case used in the legal proceedings. ______________________________________________
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Define the following legal terms and principles above.
Answer in a separate document and attached it to the submission space provided.
Q5-
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Define the following ethical terms:
Ethics: Morality, moral principles
Bioethics: The ethics concerning biological and medical research (Rodrigues et al. 2016)
Nursing ethics: Ethics applied during nursing, giving care and health service
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Choose two of the following ethical theories and describe how you can apply them in your practice as a nurse:
Consequentialism
Deontology
Ethical Relativism: The theory states that morality is a relative term with one’s norms. The action right for one can be the reverse for another. The nurse should give service assessing and understanding the cultural differences (Vogt, 2015).
Utilitarianism theory
Teleology
Virtue ethics: Virtue ethics focuses on the individual’s character.
Justice and equity
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Q7-The following are considered to be ethical issues in Health Care, particularly in enrolled nursing practice. For each, describe the ethical dilemma and what makes the issue an ethical issue:
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Issue / Dilemma
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What is it?
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Why is it an issue of ethics?
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Abortion
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It is the process of terminating unwanted pregnancy. _________________________________
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It means killing a child which is unethical. Some think that it is not right to have a child in unfavorable circumstance (Curtis et al. 2014). _________________________________
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Tissue and organ donation and transplantation
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Donation and transplantation process. _________________________________
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Transplantation and donation is ethical if both the parties are willing to do. _________________________________
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Reproductive technology
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The process of reproduction. _________________________________
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Reproduction can be an issue for the patients. _________________________________
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Euthanasia and assisted suicide
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Refers to cases of suicide with medical help ______________________________
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Health providers have the duty to save lives _________________________________
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Restraint
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Controlling someone to do sonmething _________________________________
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It is unethical to stop somebody from doing something (Steinbock et al. 2013) _________________________________
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Open disclosure
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Open discussion of medical cases_________________________________
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Information should not be shared _________________________________
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Mandatory reporting
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Refers to the necessity of reporting suspected cases concerning neglect and child abuse _________________________________
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Breach of privacy_________________________________
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Quality of life
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Providing good health and comfort _________________________________
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Depends on socio-economic aspects. _________________________________
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Conscientious objection
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Refusal to perform military duty on ground of religion, conscience and freedom (Baase and Sen, 2013)_________________________________
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Should be dutiful towards work _________________________________
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Abuse
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Mishandle _________________________________
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Abusing is harassment _________________________________
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Consent
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Agreement _________________________________
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Cases of agreement might be due to third parties (Salazar et al. 2015)_________________________________
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Artificially prolonging life
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Life continuity with medical aids _________________________________
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Patient can be unwilling or the health center for expense _________________________________
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Refusal and withdrawal of treatment
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Not providing treatemnt _________________________________
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Treatment should be provided _________________________________
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Stem cell research
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Research of human embryonic stem cells _________________________________
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It uses the human cells for research. _________________________________
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‘Not for resuscitation’ orders
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A medical order not to perform cardiopulmonary resuscitation when patient stops breathing (Valavanis, and Vachtsevanos, 2014)________________________________
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Stopping someone from breathing is ethical_________________________________
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Cultural and religious matters
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Culture and religion _________________________________
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Differences during giving medical service _________________________________
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Conflict of interest
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Difference of opinion _________________________________
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Impacts effective medical treatment _________________________________
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Answer in a separate document and attached it to the submission space provided.
Q8 Carers make a substantial contribution to the wellbeing of the broader community. Describe the purpose of the Carers Recognition Act (2012) in Victoria.
Q9-
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What are three penalties you may face as a nurse for not adhering to legal and ethical principles associated with your role?
Warning would be given to the nurse
The license of nursing practice would be seized
The pay package of the nurse can be reduced (Harriss and Atkinson, 2015)
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Q10-
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Summarise how the Victorian Drugs and Poisons legislation applies:
It is applicable for the substances which are listed in the Australian Standard for the Uniform Scheduling of Medicines and Poisons (Yoder-Wise, 2014).
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Q11- As a nurse, you will be required at times to work with children.
1. a) What legislation or regulations must you follow when working with children
The nurse should follow the equality regulation. The nurse should take care and attend children without discrimination.
2. b) What are three of the key considerations you need to make when working with children in your practice?
- Equal care and treatment
- Safety and security (Morton et al. 2017)
- Proper code of conduct
Q12- It is important to obtain informed consent from your clients wherever possible. Describe what informed consent is in your own words
While giving medical service, required data and information should be provided to the client, based on which the client would give consent for the service.
Q13- When handling client records, what do you need to do in order to remain compliant with
The Privacy Act (1988) and National Privacy Principles (2014)
Information should not be shared with third party.
The Health Records Act (2012 – Commonwealth and 2001 – Victoria)
Privacy and confidentiality of patient information should be maintained.
Information should be maintained in a proper manner.
Health information should be managed by the organization (Kelly et al. 2013).
Please include at least five points in your response.
Q14- List the Commonwealth laws that are in place to protect people from discrimination. What can you do to ensure that these laws are upheld in your practice?
Australian Human Rights Commission Act 1986
Disability Discrimination Act 1992
Sex Discrimination Act 1984
Age Discrimination Act 2004
Role of Nursing and Midwifery Board of Australia
Q15- List the 10 National Safety and Quality Health Service (NSQHS) Standards?
Why were these standards developed?
- Protection of public
- Improve the quality of health care and service
- Ensure quality mechanism
- Implementation of proper systems (Vayena et al. S., 2015)
- Ensure minimum level of safety standards
- Set health goals
- Development and improvement
- Proper clinical care
Q16- Research and provide two examples of ethical decision making models, describing how they are applied in a nursing context:
(e.g. The five step model)
The five step model is helpful to define and identify the problem, looking for service options. This is followed by assessments and the establishment and selection of the appropriate nursing practice (Gunn and Taylor, 2014).
The Venn Diagram model is helpful to take nursing decision considering the ethical, economic and legal responsibilities.
Q17- Describe the purpose of the Mental Health Act (2014) in Victoria?
Gives importance to the individuals with mental illness and ensures their dignity and rights.
Q18- You are nursing an elderly woman who confides in you that she is scared of her daughter, who visits sometimes to have her mother fill in paperwork. You have seen their interactions and the daughter seems very kind and patient with her mother. Your client tells you that her daughter forces her to fill out and sign financial forms for her. Then she shows you bruises on her arms and tells you that her daughter grabbed her arm and threatened to break it (SOCIAL, 2013).
What should you do?
I will listen to both the sides of the mother and daughter and bring them together and listen to the shared opinion. I will report and consult with the health responsible practitioner.
What if the client was a child and you noticed they were covered in bruises and burn marks but didn’t tell you what had happened?
Q19- What are the key features of the Criminal Code Act (1995 – Commonwealth) and the Crimes Act (1958 – Victoria)
Criminal Code Act (1995 – Commonwealth)_ deals with serious criminals acts and incidents.
Crimes Act (1958 – Victoria)_ deals with crimes of healthcare.
How do these apply to you as an enrolled nurse?
Q20- The Nursing and Midwifery Board of Australia publishes the Social Media Policy for Health Care Workers.
Describe the key features of this policy and how it governs ethical and professional use of social media by nurses:
- The nurses should conform to the professional obligations
- Important information should not be share in the social media (Committee on Bioethics, 2013)
- Must not make unsubstantiated claims
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Visit the Nursing and Midwifery Board of Australia website and answer the following;
Define the ‘Code of professional conduct for nurses’ and how does it impact your work?
Nurses are responsible for the safety of the patient
Nurses should perform the activities which are assigned accordingly
·Nurses having good faith can advise and recommend their supervisors regarding an medical matter
How does the ‘Code of ethics for nurses in Australia’ impact your work?
Helps to do the work in a proper manner
It state the purpose of the profession
Guides to consider ethical aspects
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Q22- Research and reflect on the practice of open disclosure and describe here how it applies to you as an enrolled nurse
Open discussion helps to discuss and understand a certain medical incident which involves accidents and problems.
Q23- Where do laws and regulations that impact nursing in Australia come from?
It comes from the Health Practitioner Regulation National Law.
How are these laws enforced?
The Nursing and Midwifery Board of Australia enforces the laws and regulation through health institutions and centers.
Describe how the coronial system in Australia works including:
- coronial inquests (triggers and process): give information in front of the coroner regarding death incidents.
- functions of the coroner: conducts medico legal investigation of particular complicates death cases.
- giving evidence to the coroner: necessary to enable the coroner to act accordingly.
Q24- Define the following contemporary ethical concepts and principles in nursing:
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Concepts and Principles
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How do they apply to you as an enrolled nurse?
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Autonomy
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The nurse possess the right to self-govern. __________________________________________
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Beneficence
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The nurse should have the ethical knowledge of the patient. __________________________________________
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Non-Maleficence
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Avoid inflicting harm or injury as much as possible. __________________________________________
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Confidentiality
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Personal information should be kept confidential (Grace, 2017). __________________________________________
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Justice
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The nurse should have the sense of justice while giving service. __________________________________________
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Rights
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Should acknowledge the rights of others an self. __________________________________________
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Veracity
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Should conduct work duty with accuracy. __________________________________________
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Q25- The Occupational Health and Safety Act 2004 is still in force in Victoria (Other states have adopted the Model Workplace Health and Safety (WHS) Act, which Victoria is likely to adopt in the future).
Describe what the OHS Act addresses and explain your duty of care requirements under the OHS Act
The Act ensures the working and health conditions of the people irrespective of gender. It is the duty of the nurse to do the required work and under safety work environment (Levati, 2014).
Q26- The World Health Organisation Constitution states that
“…the highest attainable standard of health as a fundamental right of every human being.”
What does this mean to you when providing health care?
This means the health provider and user possess the right of getting standard health service from the health and social sector. Quality service should be given and the management needs to ensure the health of the health workers (Kangasniemi et al.. 2015).
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The Nursing and Midwifery Board of Australia produce nursing practice guidelines, standards and fact sheets. Download or bookmark each of these important fact sheets and then summarise three key points of each that you are required to know or implement in order to
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