NUR1113 Week 5 b PDF

Summary

This document provides information about the professional regulation of nurses and midwives in Australia. It discusses the roles of various organizations like AHPRA, NMBA, and ANMAC. It also covers the legislation and standards involved in the process.

Full Transcript

A profession is a type of work which requires specific skills and training + higher or further education as well as formal qualifications RN, midwives, doctors, physios, personal care attendants OTs, etc. this is state and territory-ba...

A profession is a type of work which requires specific skills and training + higher or further education as well as formal qualifications RN, midwives, doctors, physios, personal care attendants OTs, etc. this is state and territory-based legislation (not common law) This allows for the establishment of AHPRA --> allows15 groups of health professionals to be regulated by a nationally consistent (previously state) legislation or regulated health professions are registered guides consistent with high quality national professional standards --> this law makes it easier for health professionals to work across different states -> each of the health profession have their own national board, which regulates the profession. registers practitioners and develops standards, codes and guidelines to each discipline specific profession. --> for health professional to work in different states Legislation - The Health Practitioner Regulation National Law (the National Law) was enacted in each state and territory of Australia in 2009 and 2010. - The goal of the National Law was to create a national registration and accreditation scheme for registered health practitioners. - The National Law is not a Commonwealth Law - it is enacted and implemented by each state and territory in Australia. - The National Law outlines the objectives of the National Scheme and how it should operate. - The Australian Health Practitioner Regulation Agency (AHPRA) supports the National Boards to implement the National AHPRA supports the National Board to implement the national scheme Scheme to ensure compliancy with the National Law. The role of AHPRA is to facilitate the development and implementation of a national registration and accreditation scheme for health practitioners and regulate Australia's health practitioners in partnership with the national board -->e.g. RN might register under nursing national board (NMBA) which sits under AHPRA All national boards attempt to have similar common standards across all healthcare professions in case of complain, AHPRA receive the notification and forward it to the appropriate national board (e.g, complain about a RN/mid --> ahpra will notify NMBA AHPRA: advices National Boards about professional standards (including registration standards, codes and guidelines) for health practitioners ensures that only health practitioners with the skills and qualifications to provide competent and ethical care are registered to practice in Australia manages registration and renewals for local and overseas qualified healthcare practitioners as well as student registration manages complaints and concerns raised the health, performance and conduct of health practitioners monitor and audit registered health practitioners to ensure they are compliant with Board requirements works with accreditation authorities to ensure health professional students are adequately qualified and skilled to apply to register as a health practitioner As a nursing/midwifery student, you are registered with AHPRA. Roles of the National Boards: AHPRA also support NMBA in its role of protecting the public, including managing registration and notification process Australian Nursing and Midwifery Accreditation Council --> NMBA standards assess the skills of N/MW wishing to migrate under the Australian Government's General Student Migration Program, to work in Aus develop and review accreditation standards for nursing and midwifery programs in Aus --> determines whether the nursing or mid course meet the required education standards develop, review and provide policy advice on accreditation and migration of nurses to relevant organizations all the standards are interelated The registered nurse standards of practice consist of the following seven standards: Standard 1: Thinks critically and analyses nursing practice. Standard 2: Engages in therapeutic and professional relationships. Standard 3: Maintains the capability for practice. Standard 4: Comprehensively conducts assessments. Standard 5: Develops a plan for nursing practice. Standard 6: Provides safe, appropriate and responsive quality nursing practice. Standard 7: Evaluates outcomes to inform nursing practice The registered midwife standards of practice consist of the following seven standards: Standard 1: Promotes health and wellbeing through evidence-based midwifery practice Standard 2: Engages in professional relationships and respectful partnerships Standard 3: Demonstrates the capability and accountability for midwifery practice Standard 4: Undertakes comprehensive assessments Standard 5: Develops plans for midwifery practice Standard 6: Provides safety and quality in midwifery practice Standard 7: Evaluates outcomes to improve midwifery practice Nurses have 4 fundamental responsibilities: the aim of ICM is to improve the standard of service provided to the women, babies and families throughout the whole development - to provide help - this code is international - prevent illness - Midwifery care include the reproductive life cycle of the woman from pregnancy state right to menopause and end of life - to restore health - to alleviate suffering When a registered health practitioner practices below standards, a disciplinary proceeding is likely to be initiated. Under the National Law, all registered health practitioners are professionally, legally and ethically required to mandatory report. Health practitioners must make a mandatory notification if there is reasonable belief of risk or harm to the public regarding the practice of another health practitioner. These are considered to be notifiable conduct: when a health practitioner practices while intoxicated by alcohol or drugs - sexual misconduct in the practice of the profession - placing the public at risk of substantial harm because of an impairment (mental and/or physical health issue), or - placing the public at risk because of a significant departure from accepted professional standards - The National Law provides for both voluntary notifications and mandatory notifications. Mandatory notifications came into effect for all registered health professionals on 1 July 2010 and is designed to improve patient and public safety by reducing public exposure to risk of harm related to a health practitioner’s conduct or impairment. HCC carries out investigations based on complaints received by the public about the health care services in Victoria The investigation is a formal process and include detailed examination of the complaint The primary aim of the investigation is to establish the facts which allows understandings of what measures, if any, should be taken to protect the public from any serious risks the general code of conduct states that general healthcare services must provide safe and ethical healthcare. obtain consent for treatment, protect individuals from infection, minimize plan and act appropriately if things go wrong, keep appropriate record and comply with privacy laws, be covered by insurance, display information about the general code of conduct and how to make complain visible; not mislead info about the service or the qualifications of the healthcare practitioners that work in that service. etc..... HCC has the power to obtain any information relevant to the investigation. once the national board receive the notification, it must make a preliminary assessment within 60 days Anyone can make a complaint about the health practitioners and the care they receive. Generally, official complaints are made directly to the healthcare service. However, some complaints are made directly through to AHPRA or specific Boards such as NMBA. If a complaint is made to AHPRA about a health practitioner, it is assessed and reviewed accordingly. Depending on the complaint AHPRA will either address the complaint themselves or pass it on to the relevant Board to address. The outcome of the complaint depends on the severity. Possible outcomes taken after assessing the notification may include: - No further action - Immediate action – is considered necessary to protect the public health or safety, where serious risk could occur - Conduct an investigation – if board deems it is necessary and appropriate - The registered health practitioner/student may need to undergo a health assessment - The registered health practitioner/student may need to undergo a performance assessment - Relevant action - e.g. issuing a warning, posing restrictions to the health professional as to what they can or cannot do - Establish a health panel – if the board believe the health care practitioner or student may have an impairment and needs to be referred to a panel - Performance and professional standards panel – if performance is unsatisfactory - Responsible tribunal – professional misconduct has occurred In VIC, section 64 of the Children and Families Act 2005 provides that nay person who believe a child is in need for protection may report and notify. The Department of Health and Human Services (DHHS) is responsible for overseeing and upholding child protection in VIC it is a legislative requirement for registered practitioners to report suspected cases of child abuse and neglect to relevant government authorities What is reportable? neglect, physical abuse, sexual abuse, emotional maltreatment and exposure to family violence What are reasonable grounds? we do not need proof to report any concerns about the safety of the child. Indicators include: - the child tells you about the suffering - someone else advised about the suffering of the child - the suffering is observed/witnessed by the reporter - suspicion that the child is suffering/suffered Anyone can voluntarily report to child protection services without proving that the abuse or neglect has taken place, no permission is needed from the child's parents or care taken prior to reporting and they do not need to be informed that a report has been made. The identity of the person who report is confidential unless needed to give evidence. No legal liability held against the reporter regardless of the outcome The purpose of the National Registration and Accreditation Scheme (the National Scheme) is to: protect the public safe by ensuring that only health practitioners who are suitably trained and qualified to practise in a competent and ethical manner are registered facilitate workforce mobility for health practitioners facilitate provision of high quality education and training for practitioners facilitate the assessment of overseas qualified practitioners facilitate access to services provided by health practitioners, and enable the continuous development of a flexible Australian health workforce. Each health profession that is part of the National Scheme is presented by a National Board, currently there are 15 National Boards. Prior to the National Scheme there were 8 different regulatory systems for health practitioners across Australia, 85 separate health practitioner boards and more than 65 different pieces of legislation! The National Scheme meant: The scope and requirements of health professions were consistent across Australia, which meant that patients could always expect the same standard of care regardless of where they were in the country That health practitioners could work in any state or territory in Australia, this was particularly valuable in emergencies Health practitioner misconduct and negligence could not be avoided by the health practitioner moving around the country. The National Scheme is governed by a nationally consistent legislation passed by each state and territory parliament - the Health Practitioner Regulation National Law.

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