Australia_ Uni canberra_ ethics and law for health professionals.txt

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    • author "kai"
    • tags "Health, law, ethics, nursing, midwifery, nurse, midwife, australia, uc, university of canberra, taylor"
    • description "Flash cards for exam for ethics and law for health professionals at the uni of canberra, australia 2012."
    • fileName "Australia: Uni canberra: ethics and law for health professionals"
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    • What are the 3 different types of consent?
    • Verbal, written, implied.
  1. What are the 3 elements necessary for an action in negligence?
    Duty of care, breech of that duty, injury/harm.
  2. What are the 3 types of trespass to the person?
    Assault, battery, false imprisonment.
  3. Define assault.
    Threat/fear of unwanted physical contact.
  4. Define battery.
    Actual unwanted physical contact.
  5. Define false imprisonment.
    • Restraint on freedom of movement.
    • Complete.
    • Unlawful.
    • Person need not be aware.
  6. State the 8 codes of ethics for midwives.
    • Midwives value:
    • 1. Quality midwifery care.
    • 2. Respect and kindness for self and others.
    • 3. Diversity of people.
    • 4. Access to quality midwifery care.
    • 5. Informed decision making.
    • 6. A culture of safety.
    • 7. Ethical management of information.
    • 8. A socially, economically and ecologically sustainable environment promoting health and wellbeing.
  7. State the 10 codes of conduct for midwives.
    • 1. Practice in a safe, competent manner.
    • 2. In accordance with standards of the profession and health system.
    • 3. In accordance with laws.
    • 4. Respect dignity, culture, values, beliefs.
    • 5. Treat personal info as private and confidential.
    • 6. Provide impartial, honesty, accurate information in relation to midwifery care and products.
    • 7. Focus on a woman's health needs, expectations, aspirations and support her informed decision making.
    • 8. Preserve trust and privilege.
    • 9. Build and maintain community trust and confidence in the profession.
    • 10. Practice reflexively and ethically.
  8. Outline the role of AHPRA and the NMBA.
    • Protect the public.
    • Register health professionals.
    • Develop standards, codes, guidelines.
    • Handle notifications, complaints, investigations, disciplinary yearnings.
    • Approve accreditation standards and courses.
    • Approve international registration applicants.
  9. How long must medical records be kept?
    7 years for an adult or until a child is 25 years old.
  10. Name the legislation that is relevant to the storage, collection, use and disclosure of medical records.
    Health Records (privacy and access) Act 1997 (ACT)
  11. When can confidentiality be breached?
    • 1. Public interest disclosure.
    • 2. Child sexual, physical abuse or neglect.
    • 3. Notifiable diseases.
    • 4. Notifiable conduct.
    • 5. Court proceedings.
    • 6. With consent.
  12. What is deonteology?
    Universal rules. These apply regardless of outcomes. Consideration of duties, obligations and rights.
  13. What is teleology?
    Consequences based. Ends justify the means. Attempting to get the best outcome for all involved, out whose good should be promoted?
  14. What is virtue ethics?
    Pick a virtue and use it as a guide. Eg., courage, wisdom, justice, generosity.
  15. Name the 4 bio ethical principles.
    Beneficence, non-maleficence, autonomy, justice.
  16. Define conduct that is notifiable.
    • 1. practising while intoxicated.
    • 2. Sexual misconduct.
    • 3. Impairment that puts public at substantial risk of harm.
    • 4. Significant departure from accepted professional standard.
  17. Define valid consent
    • 1. Voluntary -no duress or coercion
    • 2. Informed - in broad terms
    • 3. Covers procedure only
    • 4. Person has legal capacity
  18. When does a person have legal capacity to give consent?
    • Over 18 years, or deemed Gillick competent.
    • No impairment our mental illness such that they can receive relevant information, understand it, each a decision, communicate that decision and persist.
  19. Define Gillick competency
    When a person under 18 has the sufficient understanding and intelligence to fully understand what is involved in a procedure, then they may give consent themselves.
  20. When is a court consent required for a procedure for a child?
    Sterilisation, gender reassignment, termination of pregnancy, indefinite detention.
  21. When is parental consent not required for a procedure on a child?
    • If the child is deemed Gillick competent,
    • if a court over rules in the best interest of the child,
    • if the treatment is immediately life saving.
  22. Name the 7 full defences to an action in negligence.
    • 1. Good samaritan.
    • 2. No causation.
    • 3. Rebuttal of duty of care.
    • 4. Rebuttal of breech of duty of care.
    • 5. Rebuttal of damage.
    • 6. Expiry of period of limitations - 3 years.
    • 7. Harm caused by intervening factor.
  23. Outline the 4 partial defences to an action in negligence.
    • 1. Voluntary assumption of risk.
    • 2. Contributory negligence (the person did something to add to the harm themselves)
    • 3. Joint liability (eg with the another health professional)
    • 4. Vicarious/3rd party liability (institution)
  24. What elements are needed for the good samaritan defence to apply?
    Acting in good faith, honestly and without recklessness, not receiving payment for service.
  25. What standard of care is expected to meet duty of care?
    • That of a reasonable, ordinary health practitioner at the time (Bolam).
    • That of a reasonable person in the defendant's position (Civil Law (Wrongs) Act 2002).
  26. What situations mandate health practitioners to report a child's care?
    A belief on reasonable grounds that a child has been or is undergoing sexual abuse or non accidental physical injury or neglect.
  27. Name the legislation that governs the regulation and registration of health practitioners.
    Health practitioner regulation national law act 2009
  28. Name the legislation that defines what conduct of a health professional is notifiable.
    Health practitioner regulation national law act 2009
  29. What effect does an apology have on an action in negligence?
    None, it is not counted as an admission of guilt in the ACT, and cannot be used in proceedings.
  30. What legislation deals with negligence in the ACT?
    Civil law (wrongs) act 2002
  31. What legislation outlines the good samaritans provision?
    Civil law (wrongs) act 2002
  32. What legislation defines standards of care required to meet duty of care?
    Civil law (wrongs) act 2002
  33. Which legislation defines when a practitioner can year a child without parental approval?
    Transplantation and anatomy act 1978
  34. Which legislation outlines that a practitioner, not just the employer can be liable?
    Work health and safety act 2011
  35. Which legislation outlines that a person had the right to refuse treatment?
    Medical treatment (health directions) act 2006 ACT
  36. Which deaths are notifiable and investigated by the coroner?
    • 1. Sudden and of unknown cause
    • 2. Within 72 hours of an invasive procedure
    • 3. In custody
    • 4. If an unknown person
    • 5. Suspicious
  37. Which legislation outlines the storage, access, use, disclosure and collection of medical records?
    Health records (privacy and access) act 1997 ACT
  38. Which 2 pieces of legislation are relevant to the use medications?
    • Drugs of dependence act 1989
    • Medicines, poisons and therapeutic goods act 2008 ACT
  39. Which legislation requires the mandatory reporting of child abuse and neglect of young people?
    Children's and young people's act 2008
  40. What kind if conduct can give rise to an action in trespass to the person?
    • Failure to gain valid consent.
    • Restraining a person.
    • Failure to provide advice in broad terms.
  41. What is the best defence to trespass to the person?
    Documented valid consent
  42. Where does our law come from?
    Parliamentary legislation (federal and local) and case (common) law.
  43. What is the highest court in the country?
  44. Where does law come from?
    • Common law from england, spread to other countries - from king's law, became case law.
    • Conflict of monarchy and people lead to parliamentary (statute) law.
    • civil law from europe is inquisitorial rather than adversarial.
    • Religious law.
  45. Define jurisprudence
    Philosophical and social study of law- right, justice, common good. As opposed to substantive / procedural
  46. Name the federal courts in australia
    High, federal, family
  47. Name the state courts
    Magistrate's, district, supreme
  48. Name 4 functions of the health practitioner regulation national law act 2009
    • 1. Establishment and role of boards
    • 2. regulation of the health professional
    • 3. Health, performance and conduct
    • 4. Reporting processes
  49. Name actions that the NMBA may undertake upon receiving a notification
    • 1. Take no action
    • 2. Inform practitioner
    • 3. Appoint investigator to make report
    • 4. suspension or condition
    • 5. Accept an undertaking from the practitioner
    • 6. Accept surrender of registration
  50. Name 4 reasons the NMBA would take immediate action on a practitioner's registration.
    • 1. Conduct or performance that poses a risk
    • 2. Need to protect the public
    • 3. Reigistration improperly obtained
    • 4. Registration cancelled in another state
  51. Name 3 conditions the NMBA may impose upon a practitioner
    • 1. Further education
    • 2. Supervised practice
    • 3. Limitations on practice
  52. If the NMBA refers a case against a practitioner to the Decisions Tribunal, what can they impose a practitioner must do?
    • 1. Further education
    • 2. Supervised practice
    • 3. Limitations on practice
    • 4. Fine (max $30,000)
    • 5. Cancel their registration
    • 6. Decide on a review period
    • 7. Disqualify a practitioner from applying for registration
    • 8. Prohibit the use of a specified title
  53. Give 2 examples of issues the ACT Health Services Commissioner might investigate
    • Contraventions of privacy principles
    • Access to health records
  54. How does consent to participate in research differ from usual valid consent?
    For regular consent, the procedure must be explained in broad terms whereas for participation in research, the explanation must be full and frank.
  55. Name examples of a breach of duty that may be used in an action of negligence
    • 1. Failure to note patient complaints
    • 2. Failure to make a proper diagnosis
    • 3. Failure to disclose all material risks
    • 4. Technical blunder
    • 5. Failure to follow standards of care (in relation to scope of practice)
    • 6. Failure to use equipment safely
    • 7. Failure to communicate adequately
    • 8. Failure to document adequately
    • 9. Failure to assess and monitor adequately
  56. What treatment of a child is a midwife mandated to report in the ACT, if they have a belief on reasonable grounds?
    • Sexual abuse
    • Non-accidental injury
  57. What treatment of a child MAY a midwife report?
    Suspected or threat of sexual abuse, non-accidental injury or neglect, including prenatally.
  58. When does a midwife not need to report a belief of sexual abuse or non-accidental injury?
    • If someone else has already made a report of the same incident with the same reasons for the belief or
    • The injury is caused by another child or young person or
    • A person with parental responsibilities for the child is willing and able to protect them from further injury
  59. Which piece of legislation mandates the reporting of sexual abuse or non-accidental injury of a child?
    Children and Yound People Act 2008 (ACT)
  60. Define the 9 schedules of drug classifications.
    • No S1
    • S2 available from pharmacy
    • S3 pharmacy only – no script
    • S4 prescription only
    • S5 caution – potential for harm
    • S6 poisons – moderate harm
    • S7 dangerous poison
    • S8 controlled drug
    • S9 prohibited substance
  61. Define the storage requirements for S8 and S9 drugs
    • In a locked cabinet
    • Separate to other drugs
    • With a register detailing the patients details, the prescribing doctor,prescribed dose, the date and time of admnisitration, the balance and witnessed
  62. Define euthenasia
    • 1. intentionality
    • 2. suffering and evidence of suffering
    • 3. reasons for and the means of death
    • 4. painlessness
    • 5. non-fetal
  63. Define assisted suicide
    A physician supplies a person with the means of taking their own life, but the person does it themselves. This is an offence in Australia though suicide is decriminalised.
  64. Define mercy killing
    act of non-voluntary (the person is not competent to make the decision) euthenasia, usually chosen by friends/relatives
  65. Define the criterion of "quality of life"
    • Defined by the individual
    • Changes over time
    • Related to all aspects of life
  66. Define "Medical futility"
    • Medical treatment that is futile is not legally required.
    • Even if withdrawal of that treatment results in end of life
    • A patient cannot demand treatment that doctor's opinion states is futile
  67. Explain arguments for euthenasia
    • 1. autonomy - right to choose
    • 2. right to maintain dignity
    • 3. reduction of suffering
    • 4. justice - fair treatment
    • 5. harm minimisation
    • 6. duty to die?
    • 7. environmental impact
  68. Explain arguments against euthenasia
    • 1. sanctity of life
    • 2. medical uncertainty, misdiagnosis, possibility of recovery
    • 3. risk of abuse
    • 4. non-necessity
    • 5. discrimination
    • 6. imprudent choice
    • 7. slippery slope
  69. What are the elements of advanced directives?
    • The person must be competent at time of making them
    • Apply to specific circumstances only
    • The person must not be under any undue influence from others
    • Enduring power of attorney has the power to withhold and withdraw treatment in the ACT, while family members have no power
    • Protected under the Medical Treatment (Health Directions) Act 2006
  70. Define the four conditions of the doctrine of double effect
    • Patient still has the right to receive medication that relieves pain and suffering, even if that hastens death if
    • 1. The act is morally good
    • 2. medication is administered wtih the intention of relieving pain
    • 3. medication does not relieve pain by hastening patient's death
    • 4. the need to treat pain overrides the consequences of hastening death
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Australia_ Uni canberra_ ethics and law for health professionals.txt
Australia_ Uni canberra_ ethics and law for health professionals
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