Additionally, nurses are expected to work together with other health practitioners and care professionals or agencies, service users, carers and communities, and extended families, to ensure decisions made about patient care adhere to shared values.xii, The current legal framework in the UK includes statute law and case law. The GMC has also provided guidance on particular areas such as consent, confidentiality, and withholding or withdrawing treatment.vi This guidance is not mandatory, but is recognised at law, and in the case of W v Egdell, the court referred to the GMC guidelines on confidentiality.vii The British Medical Association (BMA) is the national association of practising doctors, with its own medical ethics unit which deals with individual ethical queries from doctors and nurses, and provides guidelines on ethical issues. Nurses are responsible to take care of their client by providing them with best quality care, keeping personal data of the clients confidential, ensuring a planned and legal … Chapter 3 LEGAL AND ETHICAL ASPECTS OF NURSING PRACTICE OBJECTIVES • Define the key terms/concepts • Discuss the distinctions between criminal law and civil law • Explain legal responsibilities and obligations of nurses • Discuss various legal issues that arise in nursing practice • Access, compare and contrast the Code of Professional Conduct for Nurses… The Department of Nursing is committed to providing a nursing … Fidelity: A nurse must be faithful to their professional promises and provide safe and high-quality care in a competent manner. • Confidentiality. Given that the duty of confidentiality is a combined public interest and individual interest assessment, the judicial system does not provide ample guidance. Currently, the nurse’s code of ethics contains 9 main provisions: The nurse practices with compassion and respect for the inherent dignity, worth, and unique attributes of every person. 3. Fact sheet: Registration as a nurse and a midwife - dual … The nurse’s … Often, other resources are needed when making major ethical decisions. This is a duty of confidentiality, to not give information about the patient to others without consent. Consent is very effective in abiding ethical and legal duties. Nurses must work within the guidelines of both the profession specific and national legislative guidelines. Fact sheet: Recency of practice. Nurses are highly accountable to patients, the public, employers, and the entire profession. Nurses are governed by legal and professional requirements that protect the safety and wellbeing of patients but also have ethical considerations that arise when delivering nursing … The GMC acts to protect practitioners who breach confidentiality rules if it was in the public interest, although this depends on the circumstances. 3.6 Take responsibility for addressing ethical issues and legal requirements in line with own nursing role 3.7 Complete all documentation in accordance with state/territory legislation and organisation policies and procedures 3.8 Monitor compliance with legal obligations and requirements 4. This paper will explore the ethical and legal issues encountered by nurses … xiv When read with Article 3, it can be implied that there is a fundamental right for all individuals to determine their own lives, without interference from the government, including the right to choose medical treatment – treatment must be either consensual, or if the patient is in fact incapable of consent, it must be therapeutically necessary. An example of this is when working at a free flu clinic or diabetes screening clinic. Finally, damages, being monetary payment intended to compensate the patient for the detriment. Autonomy is recognizing each individual patient’s right to self-determination and decision-making. 3.6 Take responsibility for addressing ethical issues and legal requirements in line with own nursing role 3.7 Complete all documentation in accordance with state/territory legislation and organisation policies and procedures 3.8 Monitor compliance with legal obligations and requirements … Nursing Program Mission Statement The mission of the Broward College Nursing Program is to prepare competent, compassionate, and culturally sensitive entry-level nursing graduates whose professional practice encompasses legal and ethical decision making. In a nutshell, a nurse must: Promote ethical practice through moral and ethical means Practice in a manner consistent with the national and international codes of ethics Recognize ethical … Choose from a wide range of academic writing tasks and get the one you need. There are several legal and ethical issues which are abundant in the nursing practices. Nurses have to abide by laws and regulations when practicing nursing. According to the American Nurses Association (ANA), the nursing code of ethics is a guide for “carrying out nursing responsibilities in a manner consistent with quality in nursing care and the ethical obligations of the profession.” Ethics, in general, are the moral principles that dictate how a person will conduct themselves. xvii Nurses require a sound understanding of the associated ethical and legal principles in order to make such a judgment, and this is best understood by implementing stringent teaching and education procedures prior to practicing in a health clinic to ensure they can apply principles of health care and ethics. Fact sheet: Nurses with a sole qualification in mental health nursing, paediatric nursing or disability nursing. competence requirements, nursing’s professional bodies have a core role in setting ... 1.4 provide documentation that meets legal requirements, is consistent, effective, timely, accurate and appropriate; ... 5.2 address ethical issues using an identifiable nursing ethical … Ethical issues happen when choices need to be made, the answers may not be clear and the options are not ideal. Articulate the key principles underlying ethical, legal and professional guidelines and codes that underpin the practice of registered nurses in Australia. Purpose of the Code The code of ethics for registered nurses sets out the ethical behavior expected of registered nurses in Canada. How do effective nurse leaders and others approach problem solving and decision making in organizations. It examines how courts in the UK determine if nurses have met their duty of care and how nurses … Together, the GMC and BMA act to provide guidance for nurses and other practitioners to assist in ethical decisions, however it should be noted that these decisions are highly personalised, dependent on the patient and situation, and often subjective therefore unable to be entirely answered by these guidelines. These are open to all individuals in the community regardless of the previously mentioned factors. • Standards of care. developed until 1950. An understanding of the professional, ethical and legal requirements of the Registered Nurse 2. • Assault and battery. The American Nurses Association defines this as “actions guided by compassion.”. ii These are professional duties which become legal duties if any legislation or policies are breached during practice. It has been developed by nurses for nurses and sets forth the ethical standards by which nurses are to conduct their nursing practice. The NMC contains guidelines regarding the expectations of particular duties such as confidentiality, medical research obligations, consent rights, and autonomy. Second, a breach of that duty by not meeting the required standard. The Register acts to allow the GMC to monitor entry to the profession only by achieving the standards required to become an RMP, and also by monitoring ‘fitness to practice’ proceedings to ensure all practitioners maintain consistently high standards of conduct. Demonstrated clinical … Revised in 2015 to include 9 provisions, the ANA’s nursing code of ethics now includes interpretative statements that can provide more specific guidance for nursing practice. ix However, the ethical guidelines are not entirely subjective, and the NMC regulates the code of ethics … The principle of nonmaleficence ensures the safety of the patient and community in all care delivery. Therefore informed consent is an ethical, legal and a professional duty of nurses and even every health professional. i These duties are supplemented by the principles of beneficence, meaning promoting or doing good and acting in patients’ best interests, and non-maleficence, meaning to avoid harm. • Informed consent. Identify one professional, one ethical … Providing pain medication to a post-operative hip replacement, Holding the hand of a dying patient who is alone, Advocating for the patient that wants to end chemotherapy and enter hospice care. The nurse collaborates with other health professionals and the public to protect human rights, promote health diplomacy, and reduce health disparities. Interestingly, the nursing code of ethics is suggested to have been founded in 1893 and named the “Nightingale Pledge” after Florence Nightingale, the founder of modern nursing. It gives guidance for decision-making concerning ethical matters, serves as a means for self-evaluation and self-reflection regarding ethical n… Constantly changing values in health, behavioural science, and society mean that medical practitioners must be aware of new ethical issues for the medical sector, and learn how to respond appropriately. Second, a breach of that duty by not meeting the required standard. There are fourteen key concepts which outline the ethical standards and responsibilities expected of a doctor. The nurse owes the same duties to self as to others, including the responsibility to promote health and safety, preserve wholeness of character and integrity, maintain competence, and continue personal and professional growth. xviii The consent is valid if the minor is of ‘sufficient intelligence and understanding to appreciate the information and advice about the treatment and what it involves,’ for instance if a teenage girl consent in receiving contraceptive advice without her parents’ knowledge or consent.xix As the law enforces a duty of confidentiality by nurses to adults, the law then extends the duty to children who are competent in consenting to treatment. The formal code of ethics was developed in the 1950s by the American Nurses Association (ANA) and has undergone numerous modifications since. In general, the nurse should see the patient to evaluate health needs and determine the level of care required. Articulate the key principles underlying ethical, legal and professional guidelines and codes that underpin the practice of registered nurses in Australia. Nurses have the right to a work environment that supports and facilitates ethical … However, the legal underpinnings of duty of care are often overlooked, and, as such, nurses may be unsure about when to act if they encounter emergency situ … Various prominent medical cases have been heard recently, in particular relating to nurses assisting suicide, the refusal of medical treatment by a patient who is competent, and using embryos frozen for IVF. Licensure protects the consuming public and insures that the nurse has completed a state approved nursing school, has successfully passed their licensure examination and has also continuously met the requirement(s) for relicensure each biennium without any suspensions or revocatio… Demonstrate developing skills in academic and information literacy that provide a foundation for evidence based nursing. Competency 1.1: Accepts responsibility for ensuring that his/her nursing practice and conduct meet the standards of the professional, ethical and relevant legislated requirements. So, before prescribing or administering any medication to the patient, doctors or nurses should have full consent of the patient. In these instances, it is important to consult the ethics committee before making any major decisions. Moreover, maintaining a professional relationship with patients and be aware of the professional … including professional requirements as outlined in the CNO Professional Standards & Standards of Practice for Registered Nurses; CNO Ethical Values, and the CNA Code of Ethics for Registered Nurses 4. 1. Duty of care is a fundamental aspect of nursing, and many nurses consider this to be an important part of their professional duties as a nurse. The GMC will be unable to protect nurses if disclosure amounts to a significant breach towards the particular individual, despite assessment of legal and ethical questions. Fact sheet: Registered nurse standards for practice. PSY403 Ethical and Professional Issues In Psychology. There are three primary duties for nurses, among many others, which are the duty of autonomy, confidentiality, and duty of care to all patients. All registered and licensed practical, or vocational, nurses must be currently licensed to practice nursing in their state of practice. The most common reaction to a perceived breach of ethical standards in the health profession is an action in negligence and malpractice, being the act or omission or commission made by the nurse or doctor.xx It requires four elements: duty, being a legal obligation owed to the patient – nurses must provide the degree of care reasonably exercised by other nurses in that practice area. Registered nurse is a person who has completed the prescribed education preparation, demonstrates competence to practise and is registered under the Health Practitioner Regulation National Law as a registered nurse in Australia. This article discusses the legal standard of care required in relation to nursing and midwifery practice and nurses’ professional standards and code of conduct. As professional, I treat personal information as private and confidentiality. While ethical principles are sometimes confusing and often taught briefly during undergraduate nursing -- they should be constants in nursing practice in order to provide the best, safest, and most humane care to all patients. Justice is that there should be an element of fairness in all medical and nursing decisions and care. Fact sheet: Nurses with a sole qualification in mental health nursing, paediatric nursing or disability nursing. In England and Wales, the Family Law Reform Act 1969 states that a person who is 16 or 17 years old has a statutory right to consent to treatment, under section 8, a minor aged 16 or over is considered an adult and has the legal rights which flow from this categorisation. xv. Knowledge of these circumstances is integral in enabling nurses to perform their roles following ethical standards. Nurses are also responsible to report treatment options that are causing significant harm to a patient which may include suicidal or homicidal ideations. At an industry level, nurses must adhere to the principles of the Code of Conduct and Code of Ethics. This creates a problem for nurses and the ethical questions about who to protect. Fact sheet: Professional indemnity insurance arrangements. Ethical values are essential for ALL healthcare workers, especially nurses. The profession of nursing, collectively through its professional organization, must articulate nursing values, maintain the integrity of the profession, and integrate principles of social justice into nursing and health policy. Responsibility and accountability “ nurses demonstrate professional conduct and practice in accordance with standards of nursing practice determined by the regulatory board and accept that the primary duty is to ensure safe, competent and ethical nursing care to the client” (Singapore nursing … However, before reaching litigation, it is often expected that nurses are competent in making these decisions and informing their supervisors and subsequently the court regarding patient consent. The Human Rights Act, Article 8, also allows people to take action against public authorities who have no upheld their right to a private life. ix However, the ethical guidelines are not entirely subjective, and the NMC regulates the code of ethics which enforces all disciplinary processes for DOI: 10.3912/OJIN.Vol20No02Man04 Key words: Ethics, code of ethics, nursing, professionTo practice competently and with integrity, today's nurses must have in place several key elements that guide the profession... Professional nursing is defined as “the protection, promotion, and optimization of health an… 2, Manuscript 4. Nurses also have an ethical responsibility to be honest with patients and colleagues, and to maintain self-integrity and high personal moral standards. It is consistent with professional conduct and a practitioner’s ethical … The nurse promotes, advocates for, and protects the rights, health, and safety of the patient. Identify one professional, one ethical and one legislated requirement most relevant to your area of practice and describe how you ensure that nursing practice and conduct meets each of them and how you assisted a colleague to comply with one of these requirements. There is a range of statutes impacting health care in the UK, as well as international standards. There are also some jurisdictional differences within the UK with Scotland and Northern Ireland having separate legal systems.xiii For instance, in Scotland a person can appoint an attorney of welfare to make medical treatment decisions if that person becomes incompetent, under the Adults with Incapacity (Scotland) Act 2000, yet this is not an option in England. Demonstrated high level interpersonal, verbal and written communication skills. ix, However, the ethical guidelines are not entirely subjective, and the NMC regulates the code of ethics which enforces all disciplinary processes for practitioners. 3. Case law is the second branch monitoring ethical standards in nursing and the medical profession. The principle that a patient who understands relevant information regarding his or her medical problem should be able to make a decision about treatment extends to the duty conferred on doctors and nurses. This could be shown through the adequate disposal of the handover sheet. This code of ethics for registered nurses is a statement of the ethical commitmentsof nurses to those they serve. Nurses often use the four major ethical principles throughout a shift, even if not fully aware of it. Knowing the nursing code of ethics is essential for nurses because it will help guide everyday practice and navigate the daily complexities of the healthcare profession. the registered nurse Professional practice Relates to the professional, legal and ethical responsibilities which require demonstration of a satisfactory knowledge base, accountability for practice, functioning in accordance with legislation affecting nursing and health care, and the protection of individual and group rights. More specifically, it is selecting interventions and care that will cause the least amount of harm to achieve a beneficial outcome. Demonstrated … Code of Professional Conduct and Ethics for Registered Nurses and Registered Midwives 3 Conduct: a person’s moral practices, actions, beliefs and standards of behaviour. If the communication is from the officer to the nurse, the nurse has a responsibility to speak to the inmate. 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