Midwifery and the Law

8.30 am - Registration and Refreshments

9.00 am - 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.'* 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.

• Review of the concept 'duty of care'.
• What are the legal implications for midwives who provide Medicare funded care in Australia?
• Review of recent legal cases involving midwives.

*The Code of Professional Conduct for Nurses in Australia http://www.nursingmidwiferyboard.gov.au

10.30 am - Morning Tea and Coffee

11.00 am - 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:

• Neglect
• 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.

12.00 pm - 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.

• Review of the definition of life.
• What are the rights of the unborn?
• Should a midwife intervene if a mother is drinking to excess during pregnancy?
• Can a mother be sued for damage to her foetus caused by maternal neglect?
• Can a mother refuse life saving treatment if such treatment could cause the death of her baby?
• Under what circumstances is consent waived?
• Which process needs to be followed if consent is assumed?

1.00 pm - Lunch Break and Networking

2.00 pm - 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.

• What are the rights of the biological father - before and after childbirth?
• Do grandparents have any rights at law?

2.30 pm - 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.

• What constitutes correct documentation?
• How to write concise yet accurate incident reports.
• What are "reportable deaths" and why is the midwife's documentation regarding them so crucial?
• What would be expected of you if you were called to appear in the Coroner's Court?
• If this occurs, what legal advice should you seek?

3.00 pm - Afternoon Tea and Coffee

3.30 pm - 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 pm - 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 continuing professional development (CPD).

• If you read a journal article about midwifery, can you count this towards your continuing professional development (CPD) hours?
• If you manage a project in your workplace does this count as CPD?
• What happens if you do not record, on an ongoing basis, your CPD?
• 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.

• How does the National Law define unprofessional conduct and impairment?
• What is the NMBA guideline for mandatory notification?
• What are the limits to advertising for midwives?

12.00pm - Examples of When a Midwife Would be Considered Unprofessional in Their Conduct

This session will build on the first session of day one by looking at unprofessional conduct from a regulatory point of view rather than a strictly legal one.

• Who is responsible for making a ‘Report’?
• How to make a ‘Report’?
• 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.

• What are the powers of investigators under the National Law Act?
• A discussion of the support mechanisms available to midwives who are in breach of professional conduct?

3.00pm - Afternoon Tea & Coffee

3.30pm - Professional Boundaries – A Detailed Appraisal

When professional boundaries are breached, all sorts of unexpected consequences may occur. In this final session we will look in more detail at the guide for professional boundaries provided by the NMBA. Why is maintaining a professional relationship/boundary with the public so important and what are the consequences of breaching this boundary?

4.15pm - Close of Program and Evaluations