NUR1113 Lecture Notes - Lecture 7: Nurse Practitioner, Health Professional, International English Language Testing System
NUR113 – Module 7
NUR1113 – Law, ethics and an introduction to leadership in nursing and midwifery
Module 7 – Professional Regulation and Documentation
Learning Objective 1: Discuss the differences between regulated and unregulated health professionals
Profession
• Self-regulated – Boards established
• Professions educate and register their members and deal with complaints
• Able to work with a degree of autonomy – codes of conduct and ethics
• Specific qualifications and registration
• Protection of title eg: Nurse Practitioner
Having a practising licence/registration dictates the tasks, skills and knowledge that is expected of the regulated
health professional. For example: an RN can administer medications but cannot prescribe them
Purpose: To protect the public and maintain professional standards of practice
Objectives which need to be met to register:
(1) The requisite educational qualifications
(2) Fit to practice their chosen profession
(3) Maintain a standard of conduct and practice that is consistent with that expected by their peers and the
public
Four elements of professional regulation:
• Registration
• Codes & Guidelines
• Accreditation
• Complaints and Notification
Unregulated Health Professionals
Regulated Health Professionals
Those who do not been to be registered with a
professional regulatory authority
I.e. They DO NOT need a practicing licence to work in
the health care system
Examples:
Personal care attendants (PCA)
Assistants in nursing (AIN)
Care service employees
Do need to be registered with a professional
regulatory body
I.e. they DO require a practising licence
Examples:
Nurses
Pharmacists
Dentists
Doctors
Psychologists
Physiotherapists
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NUR113 – Module 7
Learning Objective 2: Describe the actions which may give rise to disciplinary action of a health professional
Breaches of Health, Performance and Conduct – section 5 of the National Law:
Unprofessional Conduct:
Professional Misconduct:
• Breach of a registration condition/undertaking
• Providing excessive health services that are
unnecessary or not required
• Accepting a benefit as an inducement
• Conviction for an offence, which may be seen to
affect the suitability of the practitioner to
continue to practice
• Conduct that is substantially below the
standard reasonably expected of a registered
Health Practitioner
• More than one instance of unprofessional
conduct
• Not a fit and proper person
Learning Objective 3: Explain the functions of the regulatory authority for nurses and midwives; the Nursing and Midwifery
Board of Australia (NMBA) which is supported by the national authority; Australian Health Practitioner Regulation Agency
(AHPRA)
Nursing and Midwifery Board of Australia (NMBA) →
• Registering nursing and midwifery practitioners and students
• Developing standards, competencies, codes and guidelines for the nursing and
midwifery profession
• Handling notifications, complains, investigations and disciplinary hearings
• Assessing overseas trained practitioners who wish to practice in Australia
• Approving accreditation standards and accredited courses of study – (the Board have given the Australian
Nursing and Midwifery Council (ANMC) the role to approve courses; courses are reviewed every five years
by educational institutions).
The NMBA and the 14 National Boards, defines key registration standards which applicants, registrants and
students need to meet to be registered:
(1) Continuing Professional Development – CPD Points 20 hours = 20 points
(2) Recency of practice – 3-month full time equivalent in 5 years
(3) English language skills – IELTS 7
(4) Professional indemnity insurance – employers or private
(5) Criminal history checks
a. The NMBA will determine according to specific criteria:
i. nature & gravity of offence;
ii. when offence committed;
iii. conviction or charge still
pending;
iv. the sentence or fine
imposed;
v. age of nurse or victim at
time of offence;
vi. uses ehaiou sie the
offence;
vii. has the crime been
decriminalised;
viii. likelihood of re-offence;
ix. info provided by the nurse,
&
x. any other matter the Board
considers relevant
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NUR113 – Module 7
Code of Conduct → professional conduct refers to the way a person behaves while acting in a professional
capacity
Professional Misconduct – (practising outside scope of practice); the wrong, bad or erroneous conduct of a
nurse outside of the domain of his or her practice; conduct unbefitting a nurse; for example, sexual assault.
Unprofessional Conduct - conduct that is contrary to the accepted and agreed practice standards of the
profession, for example breaching the principles of asepsis or violating confidentiality
• There are two different codes of professional conduct for both nursing and midwifery
• They are essentially the same just with differing job titles, name of the client and slight differing in
execution
(a) Practice in a safe and competent manner
(b) Practise in accordance with the standards of the profession and broader health system
(c) Practise and conduct themselves in accordance with laws relevant to the profession and practice of
nursing/midwifery
(d) Respect the dignity, culture, ethnicity, values, and beliefs of people receiving care and treatment, and of
their colleagues
(e) Treat personal information obtained in a professional capacity as private and confidential
(f) Provide impartial, honest and accurate information in relation to nursing/midwifery care
(g) Supports the health needs, wellbeing, expectations and aspirations of patients and support informed
decision making
(h) Promote and preserve the trust and privilege inherent to the relationship between nurses/midwives and
the people they care for
(i) Maitai ad uild o the ouits tust ad ofidee i the pofessio
(j) Practice reflectively and ethically
Professional Boundaries
Midwifery → the limits of a relationship between a midwife and the woman and her infant(s) and any of the
oa’s sigifiat other persons; these limits facilitate safe and appropriate practice and result in safe and
effective midwifery care. Limits of a relationship may include under
‑
or over
‑
involvement in the provision of
midwifery care
• Midwife enters relationship with skills and knowledge both professional and specific to the woman and
her family; and the authority to provide the care required by the woman and her infant(s)
• Equal partnership in care for the woman and midwife
• Woa is osideed a epet fo heself, he od ad he
a. Both paties hae epetise ad ig this euall to the
woman-midwife partnership
• Midwives should not be forced to provide midwifery care to a
woman who, they have a pre-existing non-professional
relationship with → reassignment to other midwives should be
sought appropriately
Nursing – liits hih protet the spae etee the professioal’s poer ad the liet’s uleraility; that is,
they are the borders that mark the edges between a professional, therapeutic relationship and a non-
professional or personal relationship between a nurse and a person in their care.
• Care is optimized when nurses and persons receiving care do not engage in dual relationships, for
example where the nurse has a personal or business relationship
• Nurses establish and maintain the boundaries in their professional relationships with persons receiving
care; and where necessary communicate these to that person.
• Nurses are aware of the inherent power imbalance in therapeutic and care relationships, knowing that
oeig a pesos opliae a e a ause of poe.
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Document Summary
Nur1113 law, ethics and an introduction to leadership in nursing and midwifery. Those who do not been to be registered with a professional regulatory authority. They do not need a practicing licence to work in the health care system. Do need to be registered with a professional regulatory body. Having a practising licence/registration dictates the tasks, skills and knowledge that is expected of the regulated health professional. For example: an rn can administer medications but cannot prescribe them. Purpose: to protect the public and maintain professional standards of practice. Four elements of professional regulation: registration, codes & guidelines, accreditation, complaints and notification. Learning objective 2: describe the actions which may give rise to disciplinary action of a health professional. Breaches of health, performance and conduct section 5 of the national law: Professional misconduct: conduct that is substantially below the standard reasonably expected of a registered. Health practitioner: more than one instance of unprofessional conduct, not a fit and proper person.
