Apply legal and ethical parameters to nursing practice Evidence Guide

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Evidence Guide: HLTEN509B - Apply legal and ethical parameters to nursing practice

Student: __________________________________________________

Signature: _________________________________________________

Tips for gathering evidence to demonstrate your skills

The important thing to remember when gathering evidence is that the more evidence the better - that is, the more evidence you gather to demonstrate your skills, the more confident an assessor can be that you have learned the skills not just at one point in time, but are continuing to apply and develop those skills (as opposed to just learning for the test!). Furthermore, one piece of evidence that you collect will not usualy demonstrate all the required criteria for a unit of competency, whereas multiple overlapping pieces of evidence will usually do the trick!

From the Wiki University

HLTEN509B - Apply legal and ethical parameters to nursing practice

What evidence can you provide to prove your understanding of each of the following citeria?

Perform within legal and ethical parameters of professional nursing practice

Apply a clear understanding of legal and regulatory acts/guidelines as they impact on nursing practice
Address the implications of current legislation as incorporated into nursing practice
Apply codes of ethics, code of conduct and Enrolled/Division 2 nursing competency standards in nursing practice
Function within the scope of jurisdictional Enrolled/Division 2 nurse practice
Handle client complaints sensitively and in line with organisation policies and procedures
Refer all requests for client information to a registered nurse as per state/territory legislation and organisation policies and procedures

Apply a clear understanding of legal and regulatory acts/guidelines as they impact on nursing practice

Completed
Date:

Teacher:

Evidence:

Address the implications of current legislation as incorporated into nursing practice

Completed
Date:

Teacher:

Evidence:

Apply codes of ethics, code of conduct and Enrolled/Division 2 nursing competency standards in nursing practice

Completed
Date:

Teacher:

Evidence:

Function within the scope of jurisdictional Enrolled/Division 2 nurse practice

Completed
Date:

Teacher:

Evidence:

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

Completed
Date:

Teacher:

Evidence:

Refer all requests for client information to a registered nurse as per state/territory legislation and organisation policies and procedures

Completed
Date:

Teacher:

Evidence:

Apply an understanding of the legal framework

Work with an understanding of how the law operates in relation to nursing practice with regard to legal processes, principle and penalties
Accurately apply concepts of negligence, duty of care and vicarious liability to professional practice as an Enrolled/Division 2 nurse
Apply a clear understanding of the requirement to obtain consent to treatment
Apply principles of restraint appropriately, with a clear understanding of their intent and use
Use common legal terms associated with nursing practice with a clear understanding of their meaning and implications for nursing practice
Apply the legal requirements and expectations in relation to report writing in nursing practice
Apply mandatory reporting processes in line with jurisdictional requirements
Apply client privacy and confidentiality practices in line with legislative requirements and organisation policies and procedures
When referral or request for test is received, ensure nature and requirements of test are correctly identified

Work with an understanding of how the law operates in relation to nursing practice with regard to legal processes, principle and penalties

Completed
Date:

Teacher:

Evidence:

Accurately apply concepts of negligence, duty of care and vicarious liability to professional practice as an Enrolled/Division 2 nurse

Completed
Date:

Teacher:

Evidence:

Apply a clear understanding of the requirement to obtain consent to treatment

Completed
Date:

Teacher:

Evidence:

Apply principles of restraint appropriately, with a clear understanding of their intent and use

Completed
Date:

Teacher:

Evidence:

Use common legal terms associated with nursing practice with a clear understanding of their meaning and implications for nursing practice

Completed
Date:

Teacher:

Evidence:

Apply the legal requirements and expectations in relation to report writing in nursing practice

Completed
Date:

Teacher:

Evidence:

Apply mandatory reporting processes in line with jurisdictional requirements

Completed
Date:

Teacher:

Evidence:

Apply client privacy and confidentiality practices in line with legislative requirements and organisation policies and procedures

Completed
Date:

Teacher:

Evidence:

When referral or request for test is received, ensure nature and requirements of test are correctly identified

Completed
Date:

Teacher:

Evidence:

Apply ethical concepts to clinical practice

Work with a clear understanding of the concept of ethics and its place in nursing practice
Demonstrate ethical practice in all interactions with clients, relatives and carers and colleagues
Identify, document and report any potential ethical issues as and if they arise
Maintain an awareness of contemporary ethical issues that may impact on nursing practice
Develop and implement strategies to resolve ethical issues within practice
Take responsibility for addressing ethical issues and legal requirements in line with own nursing role
Complete all documentation in accordance with state/territory legislation and organisation policies and procedures
Monitor compliance with legal obligations and requirements

Work with a clear understanding of the concept of ethics and its place in nursing practice

Completed
Date:

Teacher:

Evidence:

Demonstrate ethical practice in all interactions with clients, relatives and carers and colleagues

Completed
Date:

Teacher:

Evidence:

Identify, document and report any potential ethical issues as and if they arise

Completed
Date:

Teacher:

Evidence:

Maintain an awareness of contemporary ethical issues that may impact on nursing practice

Completed
Date:

Teacher:

Evidence:

Develop and implement strategies to resolve ethical issues within practice

Completed
Date:

Teacher:

Evidence:

Take responsibility for addressing ethical issues and legal requirements in line with own nursing role

Completed
Date:

Teacher:

Evidence:

Complete all documentation in accordance with state/territory legislation and organisation policies and procedures

Completed
Date:

Teacher:

Evidence:

Monitor compliance with legal obligations and requirements

Completed
Date:

Teacher:

Evidence:

Support the rights, interests and needs of clients and their families

Comply with legal responsibilities and duty of care in all care activities and interactions with clients and their families and carers
Support client rights, interests and decisions
Encourage the client to exercise their rights to make informed decisions regarding their care
Demonstrate respect and support for the dignity of clients and their families
Act as an advocate for client and family in line with jurisdictional Enrolled/Division 2 nurse scope of practice

Comply with legal responsibilities and duty of care in all care activities and interactions with clients and their families and carers

Completed
Date:

Teacher:

Evidence:

Support client rights, interests and decisions

Completed
Date:

Teacher:

Evidence:

Encourage the client to exercise their rights to make informed decisions regarding their care

Completed
Date:

Teacher:

Evidence:

Demonstrate respect and support for the dignity of clients and their families

Completed
Date:

Teacher:

Evidence:

Act as an advocate for client and family in line with jurisdictional Enrolled/Division 2 nurse scope of practice

Completed
Date:

Teacher:

Evidence:

Apply open disclosure processes

Work with an understanding of the principles and processes of open disclosure in a health care environment
Work with an understanding of the role of open disclosure within own role as an Enrolled/Division 2 Nurse
Work with an understanding of the roles of other health care workers in relation to open disclosure

Work with an understanding of the principles and processes of open disclosure in a health care environment

Completed
Date:

Teacher:

Evidence:

Work with an understanding of the role of open disclosure within own role as an Enrolled/Division 2 Nurse

Completed
Date:

Teacher:

Evidence:

Work with an understanding of the roles of other health care workers in relation to open disclosure

Completed
Date:

Teacher:

Evidence:

Assessed

Teacher: ___________________________ Date: _

Signature: ________________________________________________

Comments:

Instructions to Assessors

Evidence Guide



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 assignments/projects 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 setting/environment (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 and/or Torres Strait Islander clients and communities

Required Skills and Knowledge

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 Enrolled/Division 2 nurse practice

Application of ethical principles to Enrolled/Division 2 nurse practice

definitions of ethics, bioethics and nursing ethics

theoretical concepts informing ethical conduct

A moral decision making model

Contemporary ethical issues:

Autonomy

non-maleficence

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 Enrolled/Division 2 nurse

legal requirements of nursing documentation

Apply professional standards of practice:

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

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 organisation/service. 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 organisation/service - reading, writing and understanding client documentation in relation to legal requirements

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

NTISthis.com

Evidence Guide: HLTEN509B - Apply legal and ethical parameters to nursing practice

Student: __________________________________________________

Signature: _________________________________________________

Tips for gathering evidence to demonstrate your skills

HLTEN509B - Apply legal and ethical parameters to nursing practice

Perform within legal and ethical parameters of professional nursing practice

Apply an understanding of the legal framework

Apply ethical concepts to clinical practice

Support the rights, interests and needs of clients and their families

Apply open disclosure processes

Assessed

Teacher: ___________________________________ Date: _________

Signature: ________________________________________________

Comments:

Instructions to Assessors

Teacher: ___________________________ Date: _