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Elements and Performance Criteria

  1. Perform within legal and ethical parameters of professional nursing practice
  2. Apply an understanding of the legal framework
  3. Apply ethical concepts to clinical practice
  4. Support the rights, interests and needs of clients and their families
  5. Apply open disclosure processes

Required Skills

This describes the essential skills and knowledge and their level required for this unit

Essential knowledge

The candidate must be able to demonstrate essential knowledge required to effectively do the task outlined in elements and performance criteria of this unit manage the task and manage contingencies in the context of the identified work role

These include knowledge of

Application of legislation to EnrolledDivision nurse practice

Application of ethical principles to EnrolledDivision nurse practice

definitions of ethics bioethics and nursing ethics

theoretical concepts informing ethical conduct

A moral decision making model

Contemporary ethical issues

Autonomy

nonmaleficence

beneficence

justice

rights

Law

civil law

common law

court system

precedent

sources

statute law

types

Law of torts

negligence

trespass

assault and battery

types of consent

valid consent

legal and intellectual capacity

false imprisonment

defamation

The coroner including

coronial inquests

functions of the coroner

giving evidence to the coroner

Models of documentation

Principles of confidentiality and privacy responsibilities

Essential skills

It is critical that the candidate demonstrate the ability to effectively do the task outlined in elements and performance criteria of this unit manage the task and manage contingencies in the context of the identified work role

These include the ability to

Address legal requirements of nursing documentation

Apply knowledge of

legislation related to nursing practice

duty of care

scope of practice of the EnrolledDivision nurse

legal requirements of nursing documentation

Apply professional standards of practice

ANMC code of conduct

ANMC code of ethics

ANMC national EnrolledDivision nurse competency standards

stateterritory Nurse Regulatory Nurses Act

stateterritory Nursing and Midwifery Regulatory Authority standards of practice

scope of nursing practice decision making framework

Support rights of clients and their family

Use interpersonal skills including working with others using sensitivity when dealing with people and relating to persons from differing cultural social and religious backgrounds

Use oral communication skills language competence required to fulfil job roles as specified by the organisationservice Oral communication skills include interviewing techniques asking questions active listening asking for clarification

Use written communication skills literacy competence required to fulfil job roles as specified by organisationservice reading writing and understanding client documentation in relation to legal requirements

Evidence Required

The evidence guide provides advice on assessment and must be read in conjunction with the Performance Criteria Required Skills and Knowledge the Range Statement and the Assessment Guidelines for this Training Package

Critical aspects for assessment and evidence required to demonstrate this competency unit


The individual being assessed must provide evidence of specified essential knowledge as well as skills

Observation of performance in a work context is essential for assessment of this unit

Consistency of performance should be demonstrated over the required range of workplace situations and should occur on more than one occasion and be assessed by a registered nurse

Context of and specific resources for assessment


This unit is most appropriately assessed in the clinical workplace or in a simulated clinical work environment and under the normal range of clinical environment conditions

Where for reasons of safety access to equipment and resources and space assessment takes place away from the workplace simulations should be used to represent workplace conditions as closely as possible

Method of assessment

Observation in the workplace

Written assignmentsprojects

Case study and scenario as a basis for discussion of issues and strategies to contribute to best practice

Questioning verbal and written

Role play

Simulation access to simulation clinical settingenvironment laboratory

Access and equity considerations

All workers in the health industry should be aware of access and equity issues in relation to their own area of work

All workers should develop their ability to work in a culturally diverse environment

In recognition of particular health issues facing Aboriginal and Torres Strait Islander communities workers should be aware of cultural historical and current issues impacting on health of Aboriginal and Torres Strait Islander people

Assessors and trainers must take into account relevant access and equity issues in particular relating to factors impacting on health of Aboriginal andor Torres Strait Islander clients and communities


Range Statement

The Range Statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Add any essential operating conditions that may be present with training and assessment depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts.

Clients may include:

Child

Adolescent

Adult

Older adult

Professional colleagues

Visitors

Health practice settings may include but is not limited to:

Aged care

Respite centres

Short stay centre

Long stay centre

Community setting

Medical clinic

Acute hospitals

Private hospitals

Public hospitals

Rural/remote settings

Legal and regulatory frameworks which may include:

National/state Acts of Parliament with impact on nursing practice e.g.. Nurses Acts, Mental Health Act, Drugs and Poisons Act/s.

Privacy legislation

Equal employment legislation

Occupational health and safety Act/Regulations

Statutory nurse regulatory authorities regulations

Freedom of information Act

Disability Services Act

Antidiscrimination legislation

Criminal Acts

Regulatory bodies may include:

Australian Nursing and Midwifery Council (ANMC)

State or territory nurse regulatory authority

Professional standards of practice include:

ANMC code of conduct

ANMC code of ethics

ANMC national Enrolled/Division 2 nurse competency standards

State/territory Nurse Regulatory Nurses Act

State/territory Nursing and Midwifery Regulatory Authority standards of practice

Scope of nursing practice decision making framework

Residential Aged Care Service Standards

Management of client information includes:

Legal documentation

Computerised records

Freedom of Information legislation

Privacy Act

Confidentiality

Common legal terms associated with nursing practice must include:

Common law

Statute law

Civil law

Negligence

Duty of care

Vicarious liability

Consent

Restraint

Confidentiality

Assault and battery

Defendant

Plaintiff

Doctrine of precedent

Legislation

Regulation

Harassment

Expert witness

Negligence and duty of care must include:

Damages

Foreseeability

Breach of duty of care

Omissions

Acts

Reasonable

Standard

Issues of life and death may include:

Refusal and withdrawal of treatment

Power of attorney

Guardianship

Living wills and advanced directives

Not for resuscitation orders

Clients rights in health care may include:

Access to healthcare

Confidentiality

Dignity

Respect

Discussion of ethical issues may include but not be limited to:

Abortion

Tissue transplantation

Reproductive technology

Organ donation

Euthanasia and assisted suicide

Restraint

Open disclosure

Mandatory reporting

Quality of life

Conscientious objection

Child abuse

Consent

Artificially prolonging life

Refusal of treatment

Stem cell research

"Not for resuscitation" orders

Cultural and religious issues

Documentation and report writing requirements may include:

Legible/date/time and sign (print name)

Written in black or blue ink

Approved abbreviations

Concise, accurate, relevant, contemporary

Correct spelling and chronological

Errors line through not erased, write error and initial

No spaces between entries

Objective data not subjective data

Confidentiality

Models of documentation