Midwifery and the Law
A Seminar for All Midwives
10.50
CPD
Hours
10.50
RCNA
Points
Event Type:
Duration:
Relevant To:
Conference
Two Days
All Midwives
General Description
This interesting two day seminar is designed specifically to inform and enhance a midwife's knowledge about modern legal and professional aspects of their profession. Due to the potential risks that are manifest in all areas of health care, including obstetrics, it is essential that midwives regularly update their knowledge about these topics. Due to the recent changes in the regulation of midwifery, there is a need to ensure all midwives understand the ramifications of the new conditions of practice set out by the regulatory authorities. This two day program offers you an opportunity to intensely learn, debate and discuss relevant aspects of law and professionalism essential to safe practice.
Need for Program
Due to the potential risks that are manifest in all areas of health care it is essential that providers have access to ongoing, relevant education that relates to their context of practice. Midwives need to remain up-to-date with modern law relevant to their work. As well, due to recent changes in the regulation of midwifery, there is a need to ensure all midwives understand the ramifications of the new conditions of practice. Midwives are required to obtain a minimum number of hours of continuing professional development (CPD), that relate to their context of practice, in order to comply with mandatory regulatory requirements.
Aims and Objectives
The aim of this seminar is to offer midwives a forum to enhance their knowledge of modern law as it affects their practice. A further aim is to encourage discussion about a range of contemporary professional and regulatory issues of relevance to midwives.
At the completion of this program it is anticipated that the participant will be able to:
- Clearly explain the scope of practice of a midwife.
- Describe what comprises the midwives duty of care and how this relates to the term 'Unprofessional conduct and impairment’.
- Identify the legal status of the unborn at all stages of gestation.
- Correctly document all care to ensure it is accurate, timely and legally correct.
If you are considering attending the Melbourne program in February, please download the full program above as it differs significantly from the information shown below.
8.30am - Registration and Refreshments
9.00am - Midwifery and the Law – Modern Considerations
The 3rd Code of Professional Conduct for Midwives in Australia states: ‘Midwives practise and conduct themselves in accordance with laws relevant to the profession and practice of midwifery.’ From: Code of professional conduct for midwives in Australia; Australian Nursing and Midwifery Council (ANMC) 2008.
This introductory session will review this code and examine what is meant by ‘…laws relevant to the profession and practice of midwifery.’. It will also look at contemporary issues confronting midwives in regard to areas of legal concern.
Implicit in this discussion is a caution for midwives to avoid exposing themselves, or those in their care, to ethico-legal risk based on inadequate knowledge of the law or insensitivity about adverse consequences.
It will include perspectives on the need for midwives to make decisions and problem solving choices within an evidence-based, legally accountable framework.
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Review of the concept ‘duty of care’.
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What are the legal implications for midwives who provide Medicare funded care in Australia?
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Review of recent legal cases involving midwives.
10.30am - Morning Tea & Coffee
11.00am - Justifying Your Clinical and Professional Decisions at Law
A review of neglect and vicarious liability. Discussion of these legal concepts and why knowing them, will assist you to make better decisions in regard to the laws relevant to the practice of midwifery. What do you need to know about the following concepts:
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Neglect.
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Vicarious liability.
Professional Indemnity Insurance A look at professional indemnity insurance and the types of cover required by midwives. Includes how professional indemnity insurance is awarded and allocated.
12.00pm - The Legal Status of the Unborn Child
There is much debate about the viability, health and ethical situation of unborn children. Midwives may become involved in such considerations and are well advised to have thought through some of the dilemmas.
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Review of the definition of life.
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What are the rights of the unborn?
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Should a midwife intervene if a mother is drinking to excess during pregnancy?
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Can a mother be sued for damage to her foetus caused by maternal neglect?
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Can a mother refuse life saving treatment if such treatment could cause the death of her baby?
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Under what circumstances is consent waived?
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Which process needs to be followed if consent is assumed?
1.00pm - Lunch Break and Networking
2.00pm - The Rights of Fathers and Grandparents
Often fathers and grandparents are ‘caught in the crossfire’ of personal family traumas. This interesting session will discuss the legal rights of fathers and also grandparents in regard to choice and access-related issues.
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What are the rights of the biological father - before and after childbirth?
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Do grandparents have any rights at law?
2.30pm - Documentation Update for Midwives
A general revision of the importance of documentation to midwifery practice. There will be a particular focus on the need to write accurate, timely and correct reports and not to become complacent in this aspect of care.
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What constitutes correct documentation?
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How to write concise yet accurate incident reports.
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What are “reportable deaths” and why is the midwife’s documentation regarding them so crucial?
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What would be expected of you if you were called to appear in the Coroner’s Court?
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If this occurs, what legal advice should you seek?
3.00pm - Afternoon Tea & Coffee
3.30 Group Discussion of Topics of Concern
In this session, you will have an opportunity to seek clarity on issues relating to law and midwifery practice about which you are unsure. This session is intended to open the floor to rigorous debate and discussion.
4.15 Close of Day One of Seminar
9:00am - Start of Day Two
9.00am - Understanding Regulatory Requirements - CPD and Beyond
This session will clarify what midwives need to do to ensure compliance with regulatory requirements for registration.
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If you read a journal article about midwifery, can you count this towards your continuing professional development (CPD) hours?
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If you manage a project in your workplace does this count as CPD?
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What happens if you do not record, on an ongoing basis, your CPD?
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Is it acceptable for you to undertake the CPD requirements all at one time each year, or once a year?
10.30am - Morning Tea & Coffee
11.00am - What is Meant by “Unprofessional Conduct and Impairment”?
Occasionally, midwives may act in a manner that is unprofessional and considered high risk to clients and colleagues. Such behaviour needs to be swiftly dealt with by management if risk is to be averted and safety maintained.
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What is the new National Law Act and how does it define unprofessional conduct and impairment?
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What is the new Standard for Mandatory Notification and what are the responsibilities to report health practitioners?
12.00pm - Examples of When a Midwife Would be Considered Unprofessional in Their Conduct
A look at some examples of where a midwife would be considered unprofessional in their conduct.
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Who is responsible for making a ‘Report’?
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How to make a ‘Report’?
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Ensuring a compassionate and supportive framework is used to rehabilitate rather than castigate a midwife.
1.00pm - Lunch Break and Browse the Book Display
2.00pm Complaints, Investigations and Tribunal Hearings
This interesting session will discuss what happens when a complaint about a midwife is made. It looks at the investigative process and what happens in a tribunal hearing.
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What are the powers of investigators under the National Law Act?
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A discussion of the support mechanisms available to midwives who are in breach of professional conduct?
3.00 Afternoon Tea & Coffee
3.30 ANMC Standard for Professional Boundaries – A Detailed Appraisal
When professional boundaries are breached, all sorts of unexpected consequences may occur. This final session looks at the ‘Standard for Professional Boundaries’ in more detail.
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Why is maintaining a professional relationship / boundary with the public so important and what are the consequences of breaching this boundary?
4.15 Close of Program and Evaluations
Linda Starr RN LLB LLMAssociate Professor and former Dean, School of Nursing and Midwifery at
Flinders University. After attaining a Bachelor of Law Degree, Linda was admitted to the Supreme Court of South Australia as a Solicitor in 1996. Her area of research for her Master of Law dissertation was “The Adult’s Right to Refuse Life Saving Treatment: Not Necessarily So”. When national registration for health practitioners was introduced in July 2010, Linda was appointed Chair of the Sth. Aust Board of the Australian Board of Nursing and Midwifery.
Presenting in: QLD, NSW, VIC, SA,
Allison WillisAllison is a senior nursing and midwifery policy advisor with some 25 years experience. Until most recently Allison was the Principal Advisor, Professional Practice and Strategic Initiatives with the Nursing and Midwifery Board of South Australia, a position she held for nearly nine years. Prior to that she worked as a Senior Health Care Consultant in the community/ disability sector. Allison has held a ministerial appointment as a member on the Pharmacy Board of South Australia and a Board member and Chairperson on the Shine SA Board. Allison has an extensive background in regulation, governance and professional practice.
In her time at the nmbSA Allison was directly responsible for developing the Standards for Nurse Practitioner Authorisation; Standards for Documentation for Nurses and Midwives; Standards for the Delegation of Care to Unregulated HealthCare Workers and the Scope of Practice Decision Making Framework in South Australia.
Allison is a vibrant and powerful presenter who is consistently highly evaluated by those who attend her educational programs.
Presenting in: NSW, VIC, SA,
Stephanie GallagherBarrister at Law who specialises in medical and health law including nursing and midwifery law cases and allied consultancies. On a number of occasions she has represented Queensland Health in her QC role, when adverse events in the health system have come before the Courts.
Anne GarrahyLLB, Grad.Dip.LP, RN, Bachelor of Applied Science (Nursing), Grad.Dip,(Nursing Education). Anne has a special interest in nursing/health law, and has previously worked as a Legal Officer with the Queensland Nurses Union. Her background as a registered nurse includes lengthy experience in clinical, management and education roles. As well, she has worked as a solicitor.
