Professional Regulation of Nurses and Midwives

Professional regulation of nurses and midwives Chanika Ilangakoon Nursing & midwifery profession ▪ Specific and particular skills ▪ Higher education ▪ Formal qualifications ▪ Organisations providing accredited courses ▪ Ongoing education & training ▪ Scope of practice ▪ Regula...

Professional regulation of nurses and midwives Chanika Ilangakoon Nursing & midwifery profession ▪ Specific and particular skills ▪ Higher education ▪ Formal qualifications ▪ Organisations providing accredited courses ▪ Ongoing education & training ▪ Scope of practice ▪ Regulatory boards oversee discipline specific professional groups – e.g. Nursing & Midwifery Board of Australia (NMBA), Medical Board of Australia (MBA) Regulated and unregulated health professionals Professional regulation Legislation National Registration and Accreditation Scheme (NRAS) Health Practitioner Regulation National Law Act (2009) Key features of the national scheme Patient safety High quality education & training for health care practitioners Assessment of overseas qualified practitioner's Continuous development of healthcare workers Mobility Consistency Improved public protection Collaboration Efficiency For nurses and midwives Australian Health Practitioner Regulation Agency (AHPRA) Nursing and Midwifery Board of Australia (NMBA) Australian Nursing and Midwifery Accreditation Council (ANMAC) AHPRA is the national organisation responsible for implementing the National Registration and Accreditation Scheme (the National Scheme) across Australia works with 15 National Health Practitioner Boards in implementing the National Registration and Accreditation Scheme. anyone who is working with a protected title under the National Law must be registered with the relevant National Board (NMBA for nurses & midwives) Common registration standards management of complaints AHPRA AHPRA National Boards of Australia protect the public register practitioners and students set standards and policies that all registered health practitioners must meet Registration standards NMBA AHPRA & NMBA work in partnership Regulate Australian nurses, midwives, nursing/midwifery students to protect the public Registration of nurses, midwives, nursing/midwifery students Develop standards, codes, guidelines for nurses and midwives Handles notifications, complaints, investigations, disciplinary hearings Assess internationally trained nurses and midwives Approve accreditation standards - ANMAC Nursing & midwifery in 2019/20 ANMAC - Establishes high quality standards of nursing and midwifery education, training and assessment - Independent accrediting authority - Develop, review and provide advice on accreditation and skilled migration of nurses/midwives - Liaise with national and international professional organisations related to standards of education Professional codes & guidelines Professional standards define the practice and behaviour of nurses and midwives. Codes of conduct Standards for practice Codes of ethics Code of Conduct Apply to all nurses and midwives in all areas Developed on evidence-based practice Standards of Practice Source: http://www.nursingmidwiferyboard.gov.au/~/media/Images/Professions/Nursing%20and%20Midwifery/Figu re%201%20registered%20nurse%20standards.ashx?h=450&w=600 Code of Ethics for Nurses Source: http://www.nursingmidwiferyboard.gov.au/~/media/Images/Professions/Nursing%20and%20Midwifery/Figure%201%20registered% 20nurse%20standards.ashx?h=450&w=600 Code of Ethics for Midwives Practice below expected standards National Law (2009), Section 5 Professional misconduct Unprofessional conduct Unsatisfactory professional performance Complaints & mandatory reporting Anyone can make a voluntary notification (complaint or concern), but under the National Law registered health practitioners, employers and education providers are required to report ‘notifiable conduct’ by making a mandatory notification. Notifiable conduct Section 140 of the National Law defines ‘notifiable conduct’ as when a practitioner has: practiced the practitioner’s profession while intoxicated by alcohol or drugs; or engaged in sexual misconduct in connection with the practice of the practitioner’s profession; or placed the public at risk of substantial harm in the practitioner’s practice of the profession because the practitioner has an impairment; or placed the public at risk of harm because the practitioner has practiced the profession in a way that constitutes a significant departure from accepted professional standards. Complaints & notifications about nurses & midwives Nurses Midwives Making a complaint Anyone can make a complaint about nurses and midwives Complaints can be made anonymously Complaints made to AHPRA and Health Complaints Commissioner (HCC) HCC Handles complaints about health services in Victoria (both registered and non registered providers) Breach of the general code of conduct can cause the public to make a complaint about the health care service Investigation: - Collecting relevant information - Hearings or interviews - Seek independent expert advice Outcomes: - Prohibition orders - issue a public warning statement to alert people to serious risks to their health, life, safety, welfare Complaints to HCC Disciplinary process from AHPRA Possible outcomes Issue a caution or reprimand Impose a condition on the practitioners registration, including a review period for that condition A fine (up to $30,000) Suspend the registration for a specific time Cancel the registration Mandatory reporting of child abuse The Department of Human Services is responsible for overseeing and upholding child protection in Victoria Children, Youth and Families Act 2005 (as amended 2014) What is reportable? What are reasonable grounds? Who can report concerns? What is mandatory reporting? Who is mandated to report child abuse? What is failure to disclose? Resources https://www.ahpra.gov.au/ http://www.nursingmidwiferyboard.gov.au/ https://www.anmac.org.au/