PMH1011 Lecture Notes - Lecture 12: Harm Principle, Consequentialism, Cognitive Deficit

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PMH1011
1. WEEK 12 LEGAL AND ETHICS CONTEXT
Prescribed: Chapter 3 – The Legal and Ethical Context of mental health care
Learning Objectives:
1. Identify the key legal, ethical and professional principles guiding the provision of mental
health care
2. Describe the challenges for health professionals when making ethical decisions
3. Discuss the concepts of consent, capacity and competence
4. Explain the importance of advanced care agreements or directives in the field of mental
health
5. Discuss the concept of duty of care
6. Outline the use and application of mental health legislation across Australia
Why do I need to learn about this LEGAL component?
As a health professional, it is almost impossible to ignore the role of law and ethics
within our profession.
oIf your client admits to committing a crime during session…what do you do?
What CAN you do?
oIf your clients suggests they are the victims of a crime…what do you do?What
CAN you do?
It is important to learn relevant federal as well as state-specific legislations in order to
know your obligations to your clients and the law
Abiding by legal requirements also ties in with your ethical requirements as a health
professional.
Legal Requirements
Statute Law: A law made by parliament (Commonwealth, state or terrirotry); the
relevance and enactment of this law is openly debated in the parliament prior to
becoming law.
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oExamples: ability to access personal information (e.g.health-related information);
basic human rights such as right to life, privacy, freedom, etc.; ability to provide
care, treatment and control of people experiencing mental illness either in
voluntarily or involuntary capacity
Wa
nt
to
work in the health sector?:– Health Practitioner Regulation National Law Act 2009 |
National registration
and accreditation standards, instead of individual standards per state – 560,000+
health practitioners registered under AHPRA
Common law: Principles based on the decisions made by judges in individual cases.
oE.g Freedom of speech (Protected by statutory encroachment to protect free
speech)
oThe Australian Health Practitioner Regulation Agency 9AHPRA) supports this law,
and currently regulates more than 560,000 health practitioner across the
country.
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Three General Principles – APS Code of Ethics
General Principles A: Respect for the rights and dignity of people and peoples
oConfidentiality, Informed Consent etc.
General Principles B: Propriety
oCompetency, Collaboration with Others etc.
General Principle C: Integrity
oConflict of Interest, Reputable Behaviour
Ethical Requirements
The Primary Ethical requirement of all health professionals is to respect the following:
oThe right of the individual to make decisions about their care (i.e autonomy,
freedom and self-determination
oThe need to avoid inflicting harm (non-maleficence)
oThe need to do good (beneficence)
oThe need to treat people fairly and with respect (justice and fairness)
Ethical frameworks provided by the professional bodies also uphold the need to avoid
paternalism, whereby health professionals assume they always know what is best for
the consumer.
Role of HP to respect this right to autonomy and to be aware that notions of ‘doing
good’ are often open to subjective interpretations.
Right to Autonomy
oClients are no longer seen as passive recipients to their health treatment
oTriangle of care: consumer, professional staff, and identified support persons are all
equal partners (however, health professional must still be responsible for employing
sound, ethically-driven decisions/perspectives)
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Document Summary

Pmh1011: week 12 legal and ethics context. Prescribed: chapter 3 the legal and ethical context of mental health care. What can you do: if your clients suggests they are the victims of a crime what do you do?what. It is important to learn relevant federal as well as state-specific legislations in order to know your obligations to your clients and the law. Abiding by legal requirements also ties in with your ethical requirements as a health professional. ; ability to provide care, treatment and control of people experiencing mental illness either in voluntarily or involuntary capacity. : health practitioner regulation national law act 2009 | And accreditation standards, instead of individual standards per state 560,000+ health practitioners registered under ahpra. Three general principles aps code of ethics. General principles a: respect for the rights and dignity of people and peoples: confidentiality, informed consent etc. General principles b: propriety: competency, collaboration with others etc.

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