HLTENN008 Apply legal and ethical parameters to nursing practice
HLT54115 Diploma of Nursing
Student Name:
Student ID:
Summary of evidence gathering techniques used for this assessment:
O Questioning O Case Study
O Professional Practice Experience (O Aged Care O Sub-Acute Care)
The evidence presented is:
O Valid O Sufficient O Authentic O Current
Unit Result:
Competent O Not Competent O
The student has been provided with feedback and informed of the assessment result and the reason for the decision.
Assessor Name
Assessor Date
Assessor Signature
SCEI Contact:
[email protected]
Student declaration on assessment outcome
I have been provided with feedback on the evidence I have provided. I have been informed of the assessment result
and the reason for the decision.
Student Name:
Date
Student Signature:
(
Student
Assessment
)
(
Student
Assessment
)
(
HLT54115
Diploma of Nursing
HLTENN008
Apply
legal
and
ethical
parameters
to
nursing
practice
Student
Assessment
Version
4.0
–
December
2020
) (
1
)
Reasonable Adjustment
Was reasonable adjustment applied to any of the assessment tasks? (please tick) Yes O No O If yes, tick which assessment task(s) it was applied to.
O Questioning O Case Study
O Professional Practice Experience (O Aged Care O Sub-Acute Care)
Provide a description of the adjustment applied and why it was applied.
Assessor Name
Assessor Signature
Student Name
Student Signature
Student Declaration
Plagiarism constitutes extremely serious academic misconduct and severe penalties are associated with it. By signing below, you are declaring that the attached work is entirely your own (or where submitted to meet the requirements of an approved group assessment, is the work of the group).
I certify that
· I have read and understood the Southern Cross Education Institute’s PP77 Assessment and submission policy and procedures.
· This assessment is all my own work, and no part of this assessment has been copied from another person.
· I have not allowed my work to be copied by another person.
· I have a copy of this work and will be able to reproduce within 24 hours if requested.
I give my consent for Southern Cross Education Institute to examine my work electronically by relevant plagiarism software programs.
Student signature: .......................................................... Date: ......../........../......................
ASSESSMENT OUTCOME SUMMARY AND FEEDBACK
Assessment Task 1 – Questioning
Submission No
Result
Date Assessed
Assessor Name
Assessor Signature
O First submission
O S O NS
O Re-submission 1
O S O NS
O Re-submission 2
O S O NS
Feedback to the Student:
Assessment Task 2 – Case Study
Submission No
Result
Date Assessed
Assessor Name
Assessor Signature
O First submission
O S O NS
O Re-submission 1
O S O NS
O Re-submission 2
O S O NS
Feedback to the Student:
.
Assessment Task 3 – Professional Practice Experience (PPE)
Submission No
Result
Date
Assessed
Assessor
Name
Assessor Signature
O Aged Care (80 hours)
O S O NS
O Sub-Acute Care (80 hours)
O S O NS
Feedback to the Student:
INTRODUCTION
Unit Information: HLTENN008 Apply legal and ethical parameters to nursing practice
This unit describes the skills and knowledge required to within work legal and ethical parameters in professional nursing practice, including supporting rights and meeting duty of care requirements.
This unit applies to enrolled nursing work carried out in consultation and collaboration with registered nurses, and under supervisory arrangements aligned to the Nursing and Midwifery Board of Australia regulatory authority legislative requirements.
The skills in this unit must be applied in accordance with Commonwealth and State/Territory legislation, Australian New Zealand standards and industry codes of practice.
This unit can be accessed at training.gov.au at the following link https://training.gov.au/training/details/hltenn008
· Perform within scope of professional nursing practice.
· Apply knowledge of the legal framework to nursing practice.
· Apply ethical concepts to clinical practice.
· Support the rights, interests and needs of the person and their family.
· Apply open disclosure processes.
Refer to the table below for a summary of Assessment Task for this unit:
Assessment Task Number
Assessment Type
Notes
1
Questioning
The student must provide a written response to all questions which addresses the knowledge requirement of the unit. The student must answer all the questions correctly.
2
Case study
The student must provide a written response to all case study questions which addresses the knowledge requirement of the unit. The student must answer all the questions correctly.
3
Professional Practice Experience (PPE)
It is expected that the student will complete a minimum work placement of 400 hours on completion of all theoretical learning in a SCEI approved Health Service Organisation.
Please note: The Student must demonstrate a satisfactory result in all assessment activities (both in a simulated and a SCEI approved Services Organisation) in order to be assessed competent in all units. Final assessment results are to be recorded on the Assessment Summary Report found in Assessment Tools.
Students may need to spend some hours outside the class hours without supervision to complete the assessments.
Reasonable Adjustment; For information on reasonable adjustment please refer to the PP73 Reasonable Adjustment located at: http://scei.edu.au/enrolment/policies-procedures-forms
Record of Assessment Outcome - After all of the assessment evidence has been gathered from the assessment tasks for this unit of competency the Record of Assessment stating your result will be completed.
Resource Requirements
Prescribed Resources: (online textbooks)
· Estes, M., Calleja, P., Theobald, K. and Harvey, T. (2015). Health assessment and physical examination. 2nd ed. Cengage.
· Brotto, V. and Rafferty, K. (2016). Clinical dosage calculations. 2nd ed. Cengage.
· Abbott, B. and De Vries, S. (2016). Monitoring and administration of IV medications for the enrolled nurse. 1st ed. Cengage.
· Tollefson, J., Watson, G., Jelly, E. and Tambree, K. (2015). Essential clinical skills : Enrolled Division 2 Nurses. 3rd ed. Cengage.
· Clarke, L., Gray, S., White, L., Duncan, G. and Baulme, W. (2016). Foundations of nursing : Enrolled Division 2 Nurses. 3rd ed. Cengage.
· Martini, F., Nath, J., Bartholomew, E. and Ober, W. (2017). Fundamentals of anatomy & physiology. 11th ed. Pearson.
· Broyles, B., Evans, M., McKenzie, G., Page, R., Pleunik, S. and Reiss, B. (2017). Pharmacology in nursing, Australian and New Zealand. 2nd ed. Cengage
Additional Resources
· Stainton, K. & Hughson, J. (2017). Tabbner’s Nursing Care. (7th Edition). Australia: Elsevier, ACN 001 002 357.
· Staunton, P. J. & Chiarella, M. (2017). Law for Nurses and Midwives. (8th Ed.). Elsevier Australia, ACN 001 002 357
· Esther, C. & John, D. (2016). Transitions in Nursing (4th Ed.). Australia: Elsevier.
· Nursing and Midwifery Board of Australia:
· Codes of Ethics
· Codes of Professional Conduct
· National competency standards for the Enrolled Nurse
· Guidelines for mandatory notification
· http://www.nursingmidwiferyboard.gov.au/Codes-Guidelines-Statements/Codes-Guidelines.aspx
· http://www.nursingmidwiferyboard.gov.au/Codes-Guidelines-Statements/Professional-standards.aspx
· Australian College of Nursing: www.rcna.org.au
· Nursing Times: http://www.nursingtimes.net/whats-new-in-nursing/news-topics/ethics-and-law-in- nursing/
· Australian Nursing and Midwifery Accreditation Council: http://www.anmac.org.au
· Australian Nursing Federation Victoria: http://anmfvic.asn.au
· Department of Health Victoria: http://www.health.vic.gov.au
· The Medical Journal of Australia: https://www.mja.com.au
· Crisp, J. Douglas, C. Rebeiro, G. & Waters, D. (2017). Potter & Perry's Fundamentals of Nursing. (5th Ed.). Elsevier Australia, ACN 001 002 357
· Koutoukidis, G. Stainton, K. Hughson, J. (2017) Tabbner's Nursing Care, (7th Edition) Elsvier, ISBN: 9780729542272
· Australian and Midwifery Board of Australia: www.nursingmidwiferyboard.gov.au
· The Australian Health Practitioner Regulation Agency: www.ahpra.gov.au
· Monash University; Nursing and Midwifery resources: http://guides.lib.monash.edu/content.php?pid=112579&sid=1879441
· Australian Journal of Advanced Nursing: http://www.ajan.com.au
· Stainton, K. & Hughson, J. (2017). Tabbner’s Nursing Care: Professional nursing practice: Legal and ethical frameworks. Retrieved from https://www.clinicalkey.com.au/nursing/#!/content/book/3-s2.0- B978072954227200002X
· Johnstone, M. J. & Crock, E. Transitions in Nursing: Dealing with ethical issues in nursing practice. Retrieved from https://www.clinicalkey.com.au/nursing/#!/content/book/3-s2.0- B9780729542111000109?scrollTo=%23hl0000294
· Nursing and Midwifery Board of Australia. (2017). Registration Standards. Retrieved from http://www.nursingmidwiferyboard.gov.au/Registration-Standards.aspx
· Nursing and Midwifery Board of Australia. (2008). Code of professional conduct nurses. Retrieved from http://www.nursingmidwiferyboard.gov.au/Search.aspx?q=Code+of+Professional+Conduct+for+Nurses+ in+Australia
Please note that you will need access to a computer with internet and a word processing software such as Microsoft Word in order to complete this assessment.
ASSESSMENT TASK 1 - QUESTIONING
Condition of
Assessment
· For this assessment, the student will have access to the relevant learning resources,
listed under the learning resource of this document.
· This assessment task should be completed in an independent learning environment.
· Responses to the questions must be typed.
Student
Instructions for completion
· This task requires you to complete a written response knowledge assessment. You
must answer all questions correctly to complete this assessment with the satisfactory result and you may utilise the relevant learning resources related to this assessment.
· The questions within this assessment relate directly to the integrated knowledge contained within the unit of competencies and are fundamental to the student’s knowledge and performance evidence.
· Use of correct grammar and spelling is required to demonstrate foundation skills, so please ensure to proofread your answers prior to submission.
· Use of APA referencing must be used where original sources have been used. Do not copy and paste text from any of the online sources. SCEI has a strict plagiarism policy and students who are found guilty of plagiarism, will be penalised. Please refer to APA referencing guide
· https://www.adelaide.edu.au/writingcentre/sites/default/files/docs/apa-style-
guide.pdf or http://libguides.library.usyd.edu.au/c.php?g=508212&p=3476096
· Write your name, student ID, the assessment task and the name of the unit of competency on each piece of paper you attach to this assessment document.
· Explanation of the common command words used in the Assessment
Task
· List/identify/state/give = present in brief form
· Outline= give the main facts about something, more than naming, but not a detailed description
· Describe = Give full details of characteristics and/or features, more
needed than an outline or than a list
· Explain/Discuss = Give reasonable argument to discuss cause and effect and/or make links between things clear in your own words
· Analyse = Identify parts, the relationship between them, and their relationships with the whole. Draw out and relate implications
· Demonstrate = Present, show or illustrate through example or action (Reference: http://www.st-a-and-st-b.s-
lanark.sch.uk/sasbhs_science_22_1379763928.pdf)
Assessment
Procedure
· You will be provided with a briefing on the assessment and the opportunity to
seek clarification on the conduct of the assessment.
· You may seek clarification at any point in time during the assessment task. If you feel you need more time to complete the assessment, you must negotiate the time needed with the assessor prior to the assessment due date.
· You are required to submit this assessment task via Moodle before the informed
due date. The portal for the submission will be hidden after the due date and students will no longer be able to submit the assessment.
· It is recommended to use medical terminology with the answers where appropriate
· Following the assessment, your responses are to be assessed and marked as appropriate. Where responses have been assessed in one (1) or more questions as unsatisfactory, you will be required to resubmit these questions. For more information, detailed information can be found in PP77 Assessment Policy and Procedure.
· Extensions will be only granted as per student handbook and need to be submitted a minimum of 48 hours prior to the assessment due date. Once an extension is granted, a new due date will be given by the trainer and the portal on Moodle will remain open until the new due date.
· You must include Student’s full name, student ID, the unit code, the assessment
task number on each page of the assessment submitted.
DUE DATE
14 days after the unit completion date as outlined in the PP77 ASSESSMENT POLICY
AND PROCEDURE.
Q1. As an EN, you must have the knowledge of the legal framework and ethical concepts to nursing practice, and apply those knowledge and concepts and perform within the scope of professional nursing practice. Refer to the relevant legal and regulatory requirements including law, Acts and guidelines, and complete the following questions.
a. Children and other vulnerable people need special protections in health care. List three (3) Victorian and/or federal specific legislation regarding children and young people. (PC1.1, KE1, KE17k)
The three Victorian and/or federal specific legislation regarding children and young people are the following:
1. Children Youth and Families Act 2005
2. Child Wellbeing and Safety Act 2005
3. Family Law Act 1975.
b. Hundreds of applicants apply to work as nurses, child care educators every day. How does the Victorian State legislation ensure the safety of children and vulnerable populations against applicants with a history of criminal activity or child molestation? (PC2.1, KE1, KE17l)
Pre-employment assessment is required for health-care and child-care applicants before they begin work in order to create and maintain safe working conditions, according to Victoria policy and legislation (Estes, Calleja, Theobald & Harvey, 2015). The following items are included in the pre-employment screening process:
1. The working with Children Act 2005 (Victoria), which provides the legislative requirements for child safety screening in Victoria. This audit looked at the Departments of Justice and Regulation.
2. National criminal history check or national police check by Victoria Police.
c. Describe what mandatory reporting is, who is required to report, what they are mandated to report.
When the police force requires a notifier to report suspected or known incidents of abuse and neglect, this is known as mandatory reporting. It mostly affects children, although it can also affect adults if the claimed victim is in a residential treatment centre.
Mandatory notifiers, or a group of people in different occupations who are responsible for reporting, are mandated notifiers in every state in Australia (Abbott & De Vries, 2016). For example, extensive lists in VIC and WA include registered medical practitioners, nurses, midwives, registered teachers and early childhood teachers, school principals, school counsellors, police officers, out of home care workers (with the exception of voluntary foster and kinship caregivers), early childhood workers, youth workers, and so on. In QLD, just a few occupations are included; in NSW, TAS, ACT, and SA, the list is vast, and in the NT, every adult is listed.
They are required to report if an observation of a child's behaviour and injuries leads to the suspicion that the child is in danger, a child reporting that they have been harmed, a child reporting that they know someone who has been victimised, and when the mandated notifier receives information from someone in a position to provide accurate data about a child who is in danger.
d. Name at least three (3) legislation that prescribes mandatory reporting requirements in Victoria or South Australia respectively. (PC2.7, KE12, KE17, KE23h)
They are the following:
· Children and Young People Safety Act 2017 (SA)
· Child Wellbeing and Safety Act 2005 (VIC)
· Children, Youth and Family Act 2005 (VIC).
e. As an EN, you have an obligation of mandatory reporting of Child abuse and neglect. Refer to the relevant legislation and complete the following table regarding the legal and ethical considerations relevant to mandatory reporting when you notice any abuse of children in the workplace or clinic. (PC2.7, KE12, KE23h)
Who can you report to?
What must be reported?
Legal provision.
1. Registered Nurse and Nurse Manager in charge
2. Doctor
3. Department of Child Protection
An episode in which a child or young person has been subjected to or is currently subjected to abuse, harm, or non-accidental bodily injury.
· Children and Young People (Safety) Act 2017
· Children Youth and Families Act 2005
Q2. Research the Code of Ethics for Nurses in Australia, and in your words, describe how those codes are applied in nursing practice (PC1.3, KE2)
Document
Application of main codes in nursing practice
Code of Ethics for nurses in Australia
In accordance with NMBA (2008), nurses must value:
1. High-quality nursing care for everyone
2. Self-respect and goodwill to others
3. Individual differences
4. All individuals have access to high-quality nursing and health care
5. Making well-informed decisions
6. A nursing and health-care culture that prioritises safety
7. Information management that is ethical
8. Promoting health and well-being in a socially, economically, and environmentally sustainable context.
The goal of the Code of Ethics is to provide nurses with a framework to reflect on themselves, their co-workers, patients, and the community. The major goal is to provide guidance for practise and ethical decision-making (Tollefson, Watson Jelly & Tambree, 2015). Furthermore, it informs the public about the human rights and ethical standards that nurses are obliged to follow. Finally, to determine the underlying ethical concepts and values that the nursing profession adheres to, as well as those found in other recognised professional nursing guidelines and standards of behaviour. This code of ethics, on the other hand, does not offer a formula for addressing ethical issues. Nurses must broaden their knowledge and understanding of ethics and human rights in order to solve difficulties that arise in their line of work.
Q3.
a. How does the Mental Health Act of 2014 provide for the development and implementation of codes of practice? (PC1.1, KE3, KE15, KE17d)
The Mental Health Act of 2014 requires that codes of practise be created and implemented. Codes of practise provide practical assistance to anybody carrying out tasks or obligations under the Mental Health Act 2014 in order to encourage optimal practise. The code of practise can be used by caregivers, families, doctors, and mental health service providers to learn more about the Mental Health Act 2014 (Victoria State Government, 2014).
b. List examples of two (2) Victorian and/or commonwealth legislations, and two (2) standards that apply to mental health. (KE17d)
Legislation:
1. The Mental Health Act 2014 (Victoria)
2. Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Victoria)
Standards:
In accordance with the Department of Health Victoria (2020),
1. National standards for mental health services 2010
2. The National practice standards for the mental health workforce 2013.
c. Another vulnerable population is older people, particularly if they are in care. Name the Commonwealth Act that describes special obligations and considerations for aged patients. (KE17g)
The Commonwealth Act that describes special obligations and considerations for aged patients is the Aged Care Act of 1997. It establishes financial, regulatory, provider approval, care quality, and the rights of persons receiving care for the elderly.
d. Name one Victorian and/or Commonwealth legislation regarding the non-professional carers (usually family members) of older people, and people living with disabilities. (KE17h)
The Family Law Act 1975, is a Commonwealth legislation regarding the non-professional carers (usually family members) of older people, and people living with disabilities. It includes:
1. Australia's National Plan to Respond to Elder Abuse at Home;
2. Persons with disabilities must be protected from abuse, exploitation, and neglect, according to the National Disability Strategy.
Q4. Continuing professional education opportunities are important in nursing practice to attain your registration. How many hours of continuous professional development are required for registration? Tick the right answer: (KE4)
A. 10 per year
B. 20 per year
C. 30 per year
D. 25 per year
Q5. According to the Codes of Professional Conduct for Nurses in Australia, nurses ought to respect the dignity, culture, ethnicity, values and beliefs of people receiving care and treatment, and of their colleagues. They also need to encourage the person to exercise their right to make informed decisions about their care, and advocate for the person, their family or carer in accordance with jurisdictional enrolled nurse scope if needed.
.
a. Consider the above statements about nurses' professional conduct, and in your words, describe how you would apply this Code in own nursing practice to
· support the person’s rights, interests and decisions and anti-discrimnation
As an enrolled nurse, I am responsible for treating all patients equally. I will immediately help and speak with all patients. In addition, I will collaborate with other staff or medical practitioners to build moral communities that promote, preserve, and sustain ethical practise and patient rights (Stainton & Hughson, 2017). By actively listening and respecting my patient's decision, I am demonstrating that I respect my patient's rights.
· encourage the person to exercise their right to make informed decisions about their care.
Since one of the responsibilities of an enrolled nurse is to educate, I must convey the facts and show my patient all of the possibilities. Moreover, I will not put any pressure on them to make a choice by providing them ample time to consider their options and instructing them to consult with those whom my patient trusts. Because some individuals believe the medical phrase is difficult to grasp, I will utilise a variety of communication approaches,...