This particular topic has been updated on 20th February 2012 to meet the needs of current law. Please refer to the website version for most accurate content and time sessions.
8.30 am - Registration and Refreshments
9.00 am - Overview of the Law as it Affects Nursing Practice
The 'Code of Professional Conduct for Nurses in Australia' together with other approved registration standards, codes, guidelines and competency standards, form a Professional Practice Framework (PPF) for legal, professionally accountable and responsible nursing practice in Australia.* The Code: is a set of expected national standards of nursing conduct for Australian nurses. The Code is not intended to give detailed professional advice on specific issues and areas of practice, rather, it identifies the minimum requirements for conduct in the profession. A breach of the Code may constitute professional misconduct or unprofessional conduct.'*
This introductory session will discuss how the law interprets the relevance of this code of practice. It will not look at the various practice codes but will explain how the courts use them when litigation occurs. You will be encouraged to ask questions during this session to ensure you fully understand the nuances and significance of the Code. In addition, Duty of Care will be explored, and the relevance of professional indemnity insurance to practice will be discussed.
*The Code of Professional Conduct for Nurses in Australia http://www.nursingmidwiferyboard.gov.au
10.30 am - Morning Tea and Coffee
11.00 am - Confidentiality and Appropriate Sharing of Information
All patients have a right to expect that information about them is held in confidence. In this session you will discuss where the boundary lies between information that can be made freely available and that which cannot. You will also learn about the consequences of breaching this professional expectation.
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An exploration of how confidentiality can be eroded, e.g. through inappropriate access to records or tea room gossip.
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What needs to be done to ensure that confidentiality is protected at all times in a range of health care settings?
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What to do if a request is made for access to confidential charts/ reports/progress notes.
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Comments on the function of the Freedom of Information Act.
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What about computerised records and privacy issues?
12.00 pm - 'Hmmm… Show Me THE Evidence!'
As more and more evidence of best practice emerges it is essential that such information is absorbed into routine care. In this session you will discuss who is responsible for implementing best practice based on evidence, and the implications this has for nursing professionals - no matter where they work.
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Why is it legally-advisable for entrenched, unexamined rituals to be replaced by evidence-based practice?
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Ensuring legal protection through the application of clinical research findings.
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When adverse events occur, does the use of habitual clinical routines constitute a legal defence?
1.00 pm - Lunch Break and Networking
2.00 pm - Medications, Clinical Nursing and the Law
Knowledge of the legislation that governs medication management is essential for the delivery of appropriate and safe care to patients. In this session, illustrative examples will be used to demonstrate how the safe practice of medicines is interpreted at law and the appropriate actions you need to take if something untoward occurs. It will also include:
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How the administration of medications by unregulated health workers are viewed at law.
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What to do if you suspect misuse of medicines by a colleague.
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 nursing practice about which you are unsure. This session is intended to open the floor to rigorous debate and discussion.
4.00 pm - Summary and Final Questions
4.15 pm - Close of Day One of Seminar
9.00 am - Understanding Regulatory Requirements - CPD and Beyond
This session will clarify what nurses need to do to ensure compliance with regulatory requirements for continuing professional development (CPD).
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If you read a journal article about nursing, 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?
10.30 am - Morning Tea and Coffee
11.00 am - Conduct, Health and Performance – When Things Go Wrong
Occasionally, nurses 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 patient safety maintained.
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How does the National Law define unprofessional conduct and impairment?
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What is the NMBA guideline for mandatory notification?
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What are the limits to advertising for nurses?
12.00 pm - When a Nurse 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.
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Who is responsible for reporting?
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How is the decision made?
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Ensuring a compassionate and supportive framework is used to rehabilitate rather than castigate a nurse.
1.00 pm - Lunch Break and Browse the Book Display
2.00 pm - Complaints, Investigations and Tribunal Hearings
This interesting session will discuss what happens when a complaint about a nurse 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?
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A discussion of the support mechanisms available to nurses who are in breach of professional conduct?
3.00 pm - Afternoon Tea and Coffee
3.30 pm - 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?
4.15 pm - 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.
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.
