Assessment Requirements for HLTENN008 Apply legal and ethical parameters to nursing practice

Release: 1

Assessment Requirements for HLTENN008 Apply legal and ethical parameters to nursing practice

Modification History

Release	Comments
Release 1	This version was released in HLT Health Training Package release 3.0 and meets the requirements of the 2012 Standards for Training Packages. Significant changes to the elements and performance criteria. New evidence requirements for assessment, including volume and frequency requirements. Significant change to knowledge evidence. Supersedes HLTEN509B

Performance Evidence

The candidate must show evidence of the ability to complete tasks outlined in elements and performance criteria of this unit, manage tasks and manage contingencies in the context of the job role. There must be evidence that the candidate has:

undertaken nursing work in accordance with Nursing and Midwifery Board of Australia professional practice standards, codes and guidelines

demonstrated, through involvement in 2 specific documented situations in the workplace, the ability to work within the legal and ethical parameters that apply to professional nursing practice.

Knowledge Evidence

The candidate must be able to demonstrate essential knowledge required to effectively complete tasks outlined in elements and performance criteria of this unit, manage tasks and manage contingencies in the context of the work role. This includes knowledge of:

legal and ethical considerations (national, State/Territory, local) relevant to the nursing profession, and how these are applied in nursing practice:

children in the workplace

‘Code of ethics for nurses in Australia’ and the ‘Code of professional conduct for nurses’ (Nursing and Midwifery Board of Australia)

codes of practice

continuing professional education opportunities

discrimination - direct and indirect - and its implications

duty of care

equal employment opportunity (EEO)

human rights including access to healthcare

informed consent

insurance requirements including professional indemnity insurance arrangements for enrolled nurses

life and death issues:

power of Attorney

living wills and advanced directives

guardianship

mandatory reporting

Nursing and Midwifery Board of Australia nursing practice guidelines, standards and fact sheets:

enrolled nurse competency standards for practice

professional boundaries

professional practice guidelines

decision-making framework (DMF) including the nursing flowchart

re-entry to practice

registration guidelines

recency of practice fact sheet

privacy, confidentiality and disclosure

policy frameworks for nursing practice

social media policy and the potential implications this has on ethics, professionalism and nursing in the health care environment

specific Commonwealth and State/Territory legislation and legal provisions that affect the development of nursing programs and provision of services and procedures, including but not limited to:

Health Practitioner Regulation National Law Act (the National Law) enacted in each State/Territory

National Safety and Quality Health Service (NSQHS) Standards

health (drugs and poisons) legislation

mental health legislation

Privacy Act 1988 (Cwlth)

Health Records Act 2012 (Cwlth)

Aged Care Act 1997 (Cwlth)

carers recognition legislation

Criminal Code Act 1985 (Cwlth)

Disability Discrimination Act 1992 (Cwlth) and other anti-discrimination legislation

children and young people legislation enacted in each State/Territory

working with children legislation as enforced in each State/Territory

workplace health and safety (WHS) legislation

role of the Nursing and Midwifery Board of Australia in regulating the nursing profession

ethical decision making models

contemporary ethical concepts and principles in nursing:

autonomy

beneficence and non-maleficence

confidentiality

justice

rights

veracity

application of ethical principles to enrolled nurse practice, including:

definitions of ethics, bioethics and nursing ethics

theoretical concepts informing ethical conduct

ethical issues, for example in relation to:

abortion

tissue transplantation

reproductive technology

organ donation

euthanasia and assisted suicide

restraint

open disclosure

mandatory reporting

quality of life

conscientious objection

abuse

consent

artificially prolonging life

refusal and withdrawal of treatment

stem cell research

‘not for resuscitation’ orders

cultural and religious matters

application of the law to enrolled nurse practice including:

Law - civil, common and statute law, the court system, precedents, sources

Law of torts - negligence, trespass, assault and battery, types of consent, valid consent, legal and intellectual, capacity, clinical incapacity, false imprisonment and defamation

Common legal terms - vicarious liability, defendant, plaintiff, harassment, expert witness, coronial inquests, functions of the coroner, giving evidence to the coroner.

Assessment Conditions

Skills must have been demonstrated in the workplace with the addition of simulations and scenarios where the full range of contexts and situations cannot be provided in the workplace. The following conditions must be met for this unit:

use of suitable facilities, equipment and resources in accordance with the Australian Nursing and Midwifery Accreditation Council’s Standards including:

access to information system where a person’s health information is stored and recorded

access to health legislation, regulations and plain English information on the legal and ethical parameters applied to nursing practice and on which the candidate’s planning is based

modelling of industry operating conditions including access to real people for simulations and scenarios in enrolled nursing work.

Assessors must satisfy the Standards for Registered Training Organisations (RTOs) 2015/AQTF mandatory competency requirements for assessors.

In addition, assessors must hold current registration as a registered nurse with Nursing and Midwifery Board of Australia.

Links

Companion Volume implementation guides are found in VETNet - https://vetnet.gov.au/Pages/TrainingDocs.aspx?q=ced1390f-48d9-4ab0-bd50-b015e5485705