Unit of Competency Mapping – Information for Teachers/Assessors – Information for Learners

HLTENN008 Mapping and Delivery Guide
Apply legal and ethical parameters to nursing practice

Version 1.0
Issue Date: April 2024


Qualification -
Unit of Competency HLTENN008 - Apply legal and ethical parameters to nursing practice
Description
Employability Skills
Learning Outcomes and Application This unit describes the skills and knowledge required to within work legal and ethical parameters in professional nursing practice, including supporting rights and meeting duty of care requirements.This unit applies to enrolled nursing work carried out in consultation and collaboration with registered nurses, and under supervisory arrangements aligned to the Nursing and Midwifery Board of Australia regulatory authority legislative requirements. The skills in this unit must be applied in accordance with Commonwealth and State/Territory legislation, Australian New Zealand standards and industry codes of practice.
Duration and Setting X weeks, nominally xx hours, delivered in a classroom/online/blended learning setting.

Skills must have been demonstrated in the workplace with the addition of simulations and scenarios where the full range of contexts and situations cannot be provided in the workplace. The following conditions must be met for this unit:

use of suitable facilities, equipment and resources in accordance with the Australian Nursing and Midwifery Accreditation Council’s Standards including:

access to information system where a person’s health information is stored and recorded

access to health legislation, regulations and plain English information on the legal and ethical parameters applied to nursing practice and on which the candidate’s planning is based

modelling of industry operating conditions including access to real people for simulations and scenarios in enrolled nursing work.

Assessors must satisfy the Standards for Registered Training Organisations (RTOs) 2015/AQTF mandatory competency requirements for assessors.

In addition, assessors must hold current registration as a registered nurse with Nursing and Midwifery Board of Australia.
Prerequisites/co-requisites
Competency Field
Development and validation strategy and guide for assessors and learners Student Learning Resources Handouts
Activities 		Slides
PPT 		Assessment 1 Assessment 2 Assessment 3 Assessment 4
Elements of Competency Performance Criteria              
Element: Elements define the essential outcomes
       
Element: Perform within scope of professional nursing practice.
  • Identify legal and regulatory requirements including Acts and guidelines, and explain how these requirements impact own nursing practice.
  • Comply with requirements of current legislation related to nursing practice and identify implications of non-compliance.
  • Apply codes of ethics, codes of conduct and the content of enrolled nurse competency standards for practice in own nursing practice.
  • Function within the scope of jurisdictional requirements for enrolled nurse practice.
  • Respond to each person in accordance with organisation policy and procedures, including responding appropriately and sensitively to complaints.
  • Refer outside requests for a person’s information to a registered nurse.
  • Complete all documentation in accordance with State/Territory legislation and organisation policy and procedures.
  • Monitor own compliance with legal obligations and requirements.
       
Element: Apply knowledge of the legal framework to nursing practice.
  • Demonstrate knowledge of relevant law, including legal processes, principles and penalties in own nursing practice.
  • Accurately apply concepts of negligence, duty of care and vicarious liability to professional practice as an enrolled nurse.
  • Obtain required consent to treatment from each person before undertaking treatment or processes.
  • Apply principles of restraint appropriately, demonstrating the correct intent and application of restraint.
  • Use correct common legal terms associated with nursing practice, and correctly interpret their meaning and implications for nursing practice.
  • Apply legal requirements and organisation expectations and requirements in writing reports in own nursing practice.
  • Apply mandatory reporting processes in line with jurisdictional requirements.
  • Observe the person’s privacy and confidentiality requirements in accordance with legislative requirements and organisation policy and procedures.
  • Interpret referrals or requests for tests on receipt, ensuring the nature and requirements of tests are correctly identified, and seek clarification where required.
       
Element: Apply ethical concepts to clinical practice.
  • Identify and describe the concept of ethics and its place in nursing practice.
  • Demonstrate ethical practice in own interactions with the person and their family or carers and colleagues.
  • Maintain own awareness of contemporary ethical issues and potential conflicts of interest that may impact nursing practice.
  • Identify, document and report potential ethical issues in accordance with organisation policies and procedures.
  • Develop and implement strategies to resolve ethical issues within own nursing practice in accordance with role parameters.
       
Element: Support the rights, interests and needs of the person and their family.
  • Comply with legal responsibilities and duty of care requirements in all care activities and other interactions with the person, their family and carer.
  • Support the person’s rights, interests and decisions.
  • Encourage the person to exercise their right to make informed decisions about their care.
  • Demonstrate respect and support for the dignity of the person and their family members.
  • Advocate for the person, their family or carer in accordance with jurisdictional enrolled nurse scope of practice.
       
Element: Apply open disclosure processes.
  • Research and reflect on the practice of open disclosure and how it applies to own role as an enrolled nurse.
  • Apply the principles and processes of open disclosure in own work in a health care environment.
  • Identify the roles of other health care workers in relation to open disclosure.
       


Evidence Required

List the assessment methods to be used and the context and resources required for assessment. Copy and paste the relevant sections from the evidence guide below and then re-write these in plain English.

ELEMENT

PERFORMANCE CRITERIA

Elements define the essential outcomes

Performance criteria describe the performance needed to demonstrate achievement of the element.

1. Perform within scope of professional nursing practice.

1.1 Identify legal and regulatory requirements including Acts and guidelines, and explain how these requirements impact own nursing practice.

1.2 Comply with requirements of current legislation related to nursing practice and identify implications of non-compliance.

1.3 Apply codes of ethics, codes of conduct and the content of enrolled nurse competency standards for practice in own nursing practice.

1.4 Function within the scope of jurisdictional requirements for enrolled nurse practice.

1.5 Respond to each person in accordance with organisation policy and procedures, including responding appropriately and sensitively to complaints.

1.6 Refer outside requests for a person’s information to a registered nurse.

1.7 Complete all documentation in accordance with State/Territory legislation and organisation policy and procedures.

1.8 Monitor own compliance with legal obligations and requirements.

2. Apply knowledge of the legal framework to nursing practice.

2.1 Demonstrate knowledge of relevant law, including legal processes, principles and penalties in own nursing practice.

2.2 Accurately apply concepts of negligence, duty of care and vicarious liability to professional practice as an enrolled nurse.

2.3 Obtain required consent to treatment from each person before undertaking treatment or processes.

2.4 Apply principles of restraint appropriately, demonstrating the correct intent and application of restraint.

2.5 Use correct common legal terms associated with nursing practice, and correctly interpret their meaning and implications for nursing practice.

2.6 Apply legal requirements and organisation expectations and requirements in writing reports in own nursing practice.

2.7 Apply mandatory reporting processes in line with jurisdictional requirements.

2.8 Observe the person’s privacy and confidentiality requirements in accordance with legislative requirements and organisation policy and procedures.

2.9 Interpret referrals or requests for tests on receipt, ensuring the nature and requirements of tests are correctly identified, and seek clarification where required.

3. Apply ethical concepts to clinical practice.

3.1 Identify and describe the concept of ethics and its place in nursing practice.

3.2 Demonstrate ethical practice in own interactions with the person and their family or carers and colleagues.

3.3 Maintain own awareness of contemporary ethical issues and potential conflicts of interest that may impact nursing practice.

3.4 Identify, document and report potential ethical issues in accordance with organisation policies and procedures.

3.5 Develop and implement strategies to resolve ethical issues within own nursing practice in accordance with role parameters.

4. Support the rights, interests and needs of the person and their family.

4.1 Comply with legal responsibilities and duty of care requirements in all care activities and other interactions with the person, their family and carer.

4.2 Support the person’s rights, interests and decisions.

4.3 Encourage the person to exercise their right to make informed decisions about their care.

4.4 Demonstrate respect and support for the dignity of the person and their family members.

4.5 Advocate for the person, their family or carer in accordance with jurisdictional enrolled nurse scope of practice.

5. Apply open disclosure processes.

5.1 Research and reflect on the practice of open disclosure and how it applies to own role as an enrolled nurse.

5.2 Apply the principles and processes of open disclosure in own work in a health care environment.

5.3 Identify the roles of other health care workers in relation to open disclosure.

The candidate must show evidence of the ability to complete tasks outlined in elements and performance criteria of this unit, manage tasks and manage contingencies in the context of the job role. There must be evidence that the candidate has:

undertaken nursing work in accordance with Nursing and Midwifery Board of Australia professional practice standards, codes and guidelines

demonstrated, through involvement in 2 specific documented situations in the workplace, the ability to work within the legal and ethical parameters that apply to professional nursing practice.

The candidate must be able to demonstrate essential knowledge required to effectively complete tasks outlined in elements and performance criteria of this unit, manage tasks and manage contingencies in the context of the work role. This includes knowledge of:

legal and ethical considerations (national, State/Territory, local) relevant to the nursing profession, and how these are applied in nursing practice:

children in the workplace

‘Code of ethics for nurses in Australia’ and the ‘Code of professional conduct for nurses’ (Nursing and Midwifery Board of Australia)

codes of practice

continuing professional education opportunities

discrimination - direct and indirect - and its implications

duty of care

equal employment opportunity (EEO)

human rights including access to healthcare

informed consent

insurance requirements including professional indemnity insurance arrangements for enrolled nurses

life and death issues:

power of Attorney

living wills and advanced directives

guardianship

mandatory reporting

Nursing and Midwifery Board of Australia nursing practice guidelines, standards and fact sheets:

enrolled nurse competency standards for practice

professional boundaries

professional practice guidelines

decision-making framework (DMF) including the nursing flowchart

re-entry to practice

registration guidelines

recency of practice fact sheet

privacy, confidentiality and disclosure

policy frameworks for nursing practice

social media policy and the potential implications this has on ethics, professionalism and nursing in the health care environment

specific Commonwealth and State/Territory legislation and legal provisions that affect the development of nursing programs and provision of services and procedures, including but not limited to:

Health Practitioner Regulation National Law Act (the National Law) enacted in each State/Territory

National Safety and Quality Health Service (NSQHS) Standards

health (drugs and poisons) legislation

mental health legislation

Privacy Act 1988 (Cwlth)

Health Records Act 2012 (Cwlth)

Aged Care Act 1997 (Cwlth)

carers recognition legislation

Criminal Code Act 1985 (Cwlth)

Disability Discrimination Act 1992 (Cwlth) and other anti-discrimination legislation

children and young people legislation enacted in each State/Territory

working with children legislation as enforced in each State/Territory

workplace health and safety (WHS) legislation

role of the Nursing and Midwifery Board of Australia in regulating the nursing profession

ethical decision making models

contemporary ethical concepts and principles in nursing:

autonomy

beneficence and non-maleficence

confidentiality

justice

rights

veracity

application of ethical principles to enrolled nurse practice, including:

definitions of ethics, bioethics and nursing ethics

theoretical concepts informing ethical conduct

ethical issues, for example in relation to:

abortion

tissue transplantation

reproductive technology

organ donation

euthanasia and assisted suicide

restraint

open disclosure

mandatory reporting

quality of life

conscientious objection

abuse

consent

artificially prolonging life

refusal and withdrawal of treatment

stem cell research

‘not for resuscitation’ orders

cultural and religious matters

application of the law to enrolled nurse practice including:

Law - civil, common and statute law, the court system, precedents, sources

Law of torts - negligence, trespass, assault and battery, types of consent, valid consent, legal and intellectual, capacity, clinical incapacity, false imprisonment and defamation

Common legal terms - vicarious liability, defendant, plaintiff, harassment, expert witness, coronial inquests, functions of the coroner, giving evidence to the coroner.

Submission Requirements

List each assessment task's title, type (eg project, observation/demonstration, essay, assignment, checklist) and due date here

Assessment task 1: [title]      Due date:

(add new lines for each of the assessment tasks)

Assessment Tasks

Copy and paste from the following data to produce each assessment task. Write these in plain English and spell out how, when and where the task is to be carried out, under what conditions, and what resources are needed. Include guidelines about how well the candidate has to perform a task for it to be judged satisfactory.

ELEMENT

PERFORMANCE CRITERIA

Elements define the essential outcomes

Performance criteria describe the performance needed to demonstrate achievement of the element.

1. Perform within scope of professional nursing practice.

1.1 Identify legal and regulatory requirements including Acts and guidelines, and explain how these requirements impact own nursing practice.

1.2 Comply with requirements of current legislation related to nursing practice and identify implications of non-compliance.

1.3 Apply codes of ethics, codes of conduct and the content of enrolled nurse competency standards for practice in own nursing practice.

1.4 Function within the scope of jurisdictional requirements for enrolled nurse practice.

1.5 Respond to each person in accordance with organisation policy and procedures, including responding appropriately and sensitively to complaints.

1.6 Refer outside requests for a person’s information to a registered nurse.

1.7 Complete all documentation in accordance with State/Territory legislation and organisation policy and procedures.

1.8 Monitor own compliance with legal obligations and requirements.

2. Apply knowledge of the legal framework to nursing practice.

2.1 Demonstrate knowledge of relevant law, including legal processes, principles and penalties in own nursing practice.

2.2 Accurately apply concepts of negligence, duty of care and vicarious liability to professional practice as an enrolled nurse.

2.3 Obtain required consent to treatment from each person before undertaking treatment or processes.

2.4 Apply principles of restraint appropriately, demonstrating the correct intent and application of restraint.

2.5 Use correct common legal terms associated with nursing practice, and correctly interpret their meaning and implications for nursing practice.

2.6 Apply legal requirements and organisation expectations and requirements in writing reports in own nursing practice.

2.7 Apply mandatory reporting processes in line with jurisdictional requirements.

2.8 Observe the person’s privacy and confidentiality requirements in accordance with legislative requirements and organisation policy and procedures.

2.9 Interpret referrals or requests for tests on receipt, ensuring the nature and requirements of tests are correctly identified, and seek clarification where required.

3. Apply ethical concepts to clinical practice.

3.1 Identify and describe the concept of ethics and its place in nursing practice.

3.2 Demonstrate ethical practice in own interactions with the person and their family or carers and colleagues.

3.3 Maintain own awareness of contemporary ethical issues and potential conflicts of interest that may impact nursing practice.

3.4 Identify, document and report potential ethical issues in accordance with organisation policies and procedures.

3.5 Develop and implement strategies to resolve ethical issues within own nursing practice in accordance with role parameters.

4. Support the rights, interests and needs of the person and their family.

4.1 Comply with legal responsibilities and duty of care requirements in all care activities and other interactions with the person, their family and carer.

4.2 Support the person’s rights, interests and decisions.

4.3 Encourage the person to exercise their right to make informed decisions about their care.

4.4 Demonstrate respect and support for the dignity of the person and their family members.

4.5 Advocate for the person, their family or carer in accordance with jurisdictional enrolled nurse scope of practice.

5. Apply open disclosure processes.

5.1 Research and reflect on the practice of open disclosure and how it applies to own role as an enrolled nurse.

5.2 Apply the principles and processes of open disclosure in own work in a health care environment.

5.3 Identify the roles of other health care workers in relation to open disclosure.

Copy and paste from the following performance criteria to create an observation checklist for each task. When you have finished writing your assessment tool every one of these must have been addressed, preferably several times in a variety of contexts. To ensure this occurs download the assessment matrix for the unit; enter each assessment task as a column header and place check marks against each performance criteria that task addresses.

Observation Checklist

Tasks to be observed according to workplace/college/TAFE policy and procedures, relevant legislation and Codes of Practice Yes No Comments/feedback
 
Identify legal and regulatory requirements including Acts and guidelines, and explain how these requirements impact own nursing practice. 
Comply with requirements of current legislation related to nursing practice and identify implications of non-compliance. 
Apply codes of ethics, codes of conduct and the content of enrolled nurse competency standards for practice in own nursing practice. 
Function within the scope of jurisdictional requirements for enrolled nurse practice. 
Respond to each person in accordance with organisation policy and procedures, including responding appropriately and sensitively to complaints. 
Refer outside requests for a person’s information to a registered nurse. 
Complete all documentation in accordance with State/Territory legislation and organisation policy and procedures. 
Monitor own compliance with legal obligations and requirements. 
Demonstrate knowledge of relevant law, including legal processes, principles and penalties in own nursing practice. 
Accurately apply concepts of negligence, duty of care and vicarious liability to professional practice as an enrolled nurse. 
Obtain required consent to treatment from each person before undertaking treatment or processes. 
Apply principles of restraint appropriately, demonstrating the correct intent and application of restraint. 
Use correct common legal terms associated with nursing practice, and correctly interpret their meaning and implications for nursing practice. 
Apply legal requirements and organisation expectations and requirements in writing reports in own nursing practice. 
Apply mandatory reporting processes in line with jurisdictional requirements. 
Observe the person’s privacy and confidentiality requirements in accordance with legislative requirements and organisation policy and procedures. 
Interpret referrals or requests for tests on receipt, ensuring the nature and requirements of tests are correctly identified, and seek clarification where required. 
Identify and describe the concept of ethics and its place in nursing practice. 
Demonstrate ethical practice in own interactions with the person and their family or carers and colleagues. 
Maintain own awareness of contemporary ethical issues and potential conflicts of interest that may impact nursing practice. 
Identify, document and report potential ethical issues in accordance with organisation policies and procedures. 
Develop and implement strategies to resolve ethical issues within own nursing practice in accordance with role parameters. 
Comply with legal responsibilities and duty of care requirements in all care activities and other interactions with the person, their family and carer. 
Support the person’s rights, interests and decisions. 
Encourage the person to exercise their right to make informed decisions about their care. 
Demonstrate respect and support for the dignity of the person and their family members. 
Advocate for the person, their family or carer in accordance with jurisdictional enrolled nurse scope of practice. 
Research and reflect on the practice of open disclosure and how it applies to own role as an enrolled nurse. 
Apply the principles and processes of open disclosure in own work in a health care environment. 
Identify the roles of other health care workers in relation to open disclosure. 

Forms

Assessment Cover Sheet

HLTENN008 - Apply legal and ethical parameters to nursing practice
Assessment task 1: [title]

Student name:

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I declare that the assessment tasks submitted for this unit are my own work.

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Assessment Record Sheet

HLTENN008 - Apply legal and ethical parameters to nursing practice

Student name:

Student ID:

Assessment task 1: [title] Result: Competent Not yet competent

(add lines for each task)

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Overall assessment result: Competent Not yet competent

Assessor name:

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Student signature:

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