HLTHIR506C
Implement and monitor compliance with legal and ethical requirements

This unit describes the skills and knowledge required to implement and monitor compliance with legal and ethical requirements relevant in the work area

Application

Work will be performed within a range of skilled applications including evaluation and analysis of current practices, assistance in the development of new criteria and procedures and provision of some leadership and guidance to others

Application of this unit should be contextualised to reflect specific legal and ethical requirements and issues relevant to the workplace, role and function


Prerequisites

Not Applicable


Elements and Performance Criteria

ELEMENT

PERFORMANCE CRITERIA

1. Maintain ethical work practices

1.1 Fulfil duty of confidentiality to the client, both at law and under professional code of ethics

1.2 Ensure the collection, use and disclosure of client information is consistent with information privacy principles

1.3 Ensure the rights of clients are recognised and respected throughout all stages of tests/procedures

1.4 Ensure adherence to relevant industry code of practice that outlines the minimum standard of professional conduct

1.5 Refer ethical issues or breaches of ethical practice to management or ethics committees in accordance with organisation policies and procedures

1.6 Exercise duty of care in all aspects of work to ensure client safety

1.7 Handle client complaints sensitively and in line with organisation policies and procedures

1.8 Perform all work within the boundaries of responsibility and refer problems to supervisor and/or other appropriate health professional

1.9 Monitor work practices to ensure that they reflect principles of ethical practice

2. Maintain appropriate documentation

2.1 When referral or request is received, ensure nature and requirements referral and/or request are correctly identified

2.2 Complete documentation within clients' medical records in accordance with state/territory legislation, and organisation policies and procedures

2.3 Ensure reports and documentation address requirements of state/territory legislation, and organisation policies and procedures

2.4 Implement policies and procedures to safe guard client information from unauthorised access or disclosure

3. Maintain compliance with legal requirements

3.1 Ensure statutory obligations and requirements are fulfilled

3.2 Ensure consent of client is obtained for each test/procedure, as required

3.3 Ensure authorities are notified of client information as required by law

3.4 Ensure release of information contained within client records is completed in accordance with relevant federal, state/territory legislation and organisation policies and procedures

3.5 Ensure duty of care is met in all aspects of own work role

3.6 Ensure clients are provided with access to information about themselves in accordance with legislation or other statutory provisions

3.7 Ensure the right of every client to be treated fairly and equitably is recognised

3.8 Monitor compliance with legal obligations and requirements

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

This includes knowledge of:

Client rights and responsibilities

Industry code(s) of practice where applicable

Law of consent to medical treatment

Legal and ethical requirements and responsibilities as they relate to specified work role(s)

Organisation policy and procedures for complaints handling

Relevant federal, state, territory and local government legislation affecting role and duties

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

This includes the ability to:

Apply reading and writing skills (literacy competence) required to fulfil job roles in a safe manner and as specified by the organisation, at a level of skill that includes:

literacy in English or a community language depending on the language used in pamphlets or workplace manuals

reading and interpreting organisation policy and procedure manuals and industry codes of practice

Apply oral communication skills-language competence required to fulfil job roles in a safe manner and as specified by the organisation:
Assessors should look for skills in:

asking questions

clarifying workplace instructions when necessary

listening to and understanding workplace instructions

providing clear information

Conduct compliance monitoring activities

Demonstrate, model and monitor work activities in compliance with legal and ethical requirements and organisation policies and procedures, including:

demonstrating respect for clients' rights

meeting requirements for provision of duty of care

working in accordance with legislation relevant to the workplace and specific work functions

Take into account requirements and imperatives relating to waste minimisation, environmental responsibility and sustainable practice

Use effective verbal and non verbal communication skills with a range of internal and external persons, which may involve competence in English or a community language, depending on client group

Use problem solving skills as required to interpret and apply policy in the workplace, develop procedures and monitor practices

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

Consistency of performance should be demonstrated over the required range of situations relevant to the particular workplace

Assessment involves access to an appropriate workplace or simulated realistic workplace setting, using relevant organisation policy, guidelines, procedures and protocols

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 and/or 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.

Confidentiality of client information must include:

Verbal

Written i.e. medical records, referral/request

Video/audio tapes

Radiographic films and images

Computer files

Disclosure of client information may include:

When a client consents to disclosure

When other health care workers need to know information to complete appropriate treatment and care

When disclosure of information is required by law eg some infectious diseases, suspected or known child abuse

Client's rights may include:

Treatment with reasonable care and skill

Right to refuse medical treatment

Confidentiality of information

Access to information held about them including medical records, registers

Right not to be discriminated against

Right to make a complaint

Right to be involved in decisions regarding treatment and care

Legal obligations and requirements may relate to:

Privacy

Anti-Discrimination

Consent to medical treatment

Duty of care

Release of client information, including medical and other clinical records

Coroners Act

Child protection

Industrial relations

Trade practices

Poisons legislation

Retention of human tissue

Equal Employment Opportunity

Occupational health and safety

Infection control

Contractual obligations

Licensing laws

Consent of client may include:

Written

Verbal

Implied

Notification of authorities of client information must include:

Certain infectious diseases

Suspected or known child abuse

If it is deemed to be in the public's best interest

Monitoring of ethical work practice and legal compliance may involve:

Audits

Inspections and reviews

Quality Assurance activities


Sectors

Not Applicable


Employability Skills

This unit contains Employability Skills


Licensing Information

Not Applicable