Law and Ethics for Health Practitioners

Description

Law and Ethics for Health Practitioners will appeal to undergraduate nursing and allied health students seeking to understand and comply with the legal, ethical and regulatory requirements of their profession. The text addresses law and ethics across eight health science disciplines, presenting discipline-specific scenarios to support students in their clinical decision making. Introduces the fundamental concepts and frameworks of Australia’s legal and health systems with clear examples Discusses essential healthcare issues, including advance care planning, child and elder abuse and professional registration Focuses on models of ethical decision making Outlines professional codes of practice and guidelines to help meet professional regulatory requirements Encourages reflection on clinical practice through review questions and activities Includes an eBook with all print purchases Additional resources on Evolve eBook on VitalSource Student and instructor resources Multiple choice questions Weblinks Instructor resources PowerPoints Image Library Title Page Table of Contents Copyright Dedication Foreword Preface About the Author Acknowledgement Contributors and Reviewers Section 1 Introduction to Law and Ethics for Health Practitioners 1 Introduction to the Australian legal system Introduction Australia as a federation Distribution of power between the states and the commonwealth The separation of powers Legislation Types of law General features of the Australian legal system The court hierarchy Skills relevant to understanding judicial decisions and legislation Further reading Endnotes Review questions and activities 2 Introduction to the Australian health system Introduction The history of Australia's universal health system Access to health care – evolving schemes Healthcare expenditure The charter of healthcare rights Further reading Endnotes Review questions and activities 3 Introduction to ethics and ethical decision making Introduction What is ‘ethics’? Codes of ethics Distinguishing between ethics and law Decision making when faced with an ethical dilemma Deriving a process for ethical decision making Further reading Endnotes Review questions and activities Section 2 Professional Regulation and Key Concepts Relevant to Healthcare Delivery 4 Professional regulation of health practitioners Introduction The National Registration and Accreditation Scheme Voluntary notifications Guidelines for advertising regulated health services Codes of conduct Disciplinary issues Mental or physical incapacity or impairment Disciplinary process Health practitioners not regulated by the National Scheme Further reading Endnotes Review questions and activities 5 Management of health information Introduction Establishing and maintaining healthcare records Computerised records and electronic health Privacy and confidentiality of health information Collecting health information via a third party Access to health information Government policy Access pursuant to the court process Storage and disposal of healthcare records Further reading Endnotes Review questions and activities 6 Negligence Introduction Negligence Elements of a negligence action Wrongful death Apologies The Australian Open Disclosure Framework Vicarious liability Non-delegable duty of care Alternative actions Further reading Endnotes Review questions and activities 7 Intentional torts Introduction Trespass to person Defamation Apologies Damages and costs Further reading Endnotes Review questions and activities 8 Criminal law and issues related to health care Introduction What is a crime? Sources of criminal law Features of the criminal law Elements of a crime Criminal negligence Strict liability Parties to offences: accomplices Criminal law defences Homicide Euthanasia Child destruction and feticide Additional criminal offences Further reading Endnotes Review questions and activities Section 3 Matters of Life and Death 9 Registration of births and deaths and the coroners court Introduction Notification and registration of births and deaths The coroner Further reading Endnotes Review questions and activities 10 Abortion, wrongful birth, wrongful life and prenatal injury Introduction Abortion Claims regarding wrongful birth, wrongful life and prenatal injury Further reading Endnotes Review questions and activities 11 Assisted reproduction and surrogacy Introduction Regulation and oversight of ART Access to ART Parentage Access to information by donor-conceived people Numerical limits for donation Posthumous use of gametes Surrogacy Further reading Endnotes Review questions and activities 12 Advance care planning and the withholding and withdrawal of treatment Introduction Advance care planning and directives Revocation and limits of a decision regarding treatment Support or substitute decision-makers Commonwealth legislation ‘Not for resuscitation’ or ‘do not resuscitate’ orders Examples of guardianship decisions regarding withholding or withdrawal of treatment Further reading Endnotes Review questions and activities Section 4 Further Practice Considerations 13 The removal and donation of human blood, tissue and organs Introduction Ethical and legal issues Further reading Endnotes Review questions and activities 14 The regulation of drugs and poisons Introduction Federal regulation State and territory regulation Policy Complementary medicines Definitions Storage Prescribing Administration of drugs Verbal orders Nurse-initiated drugs Standing orders Medication error Further reading Endnotes Review questions and activities 15 Mental health legislation Introduction International law and policy Australian policies and standards State and territory legislation Definitions of mental illness Admission to hospital and care orders Treatment without the patient's consent Seclusion and restraint Restricted treatment Electroconvulsive therapy Psychosurgery Ill-treatment and neglect Mental health review boards/tribunals Further reading Endnotes Review questions and activities 16 Child and elder abuse Introduction Child abuse Elder abuse Further reading Endnotes Review questions and activities Section 5 Law and Ethics in Action 17 Working with legal representatives Introduction Legal documents Justices of the Peace Discovery (disclosure) and inspection of documents Interrogatories Notice of non-party disclosure Subpoenas Rules of evidence and the standards of proof Sequence of the trial Categories of evidence Witnesses – professional expertise Alternative dispute mechanisms in health Further reading Endnotes Review questions and activities 18 Case studies Introduction Case studies Conclusion Further reading Endnotes Index