2. Learning Outcomes
The attendees will be able to describe a number of
legal and professional areas for consideration when
employed as a practice nurse.
The attendees will be able to describe how to access
the Competency Standards for Nurses working in
General Practice.
3. Legal and professional issues: Considerations
Licensure
Scopes of practice
Supervision of the Enrolled Nurse ( Div. 2)
Competency standards
Codes of Ethics
Codes of Professional Conduct
Other relevant legislation
4. Scope of Nursing Practice
The scope of nursing and midwifery practice is
that which nurses and midwives are educated,
competent and authorised to perform. The
actual scope of an individual nurse’s or
midwife’s practice is influenced by:
– The context in which they practice the client’s
health needs;
– The level of competence, education and
qualifications of the individual nurse or midwife;
and
– The service provider’s policies
5. Competency Standards for nurses in General Practice
Nurses use competency standards as their
professional framework against which to measure
performance and prepare a professional
development plan so that competence is
maintained and enhanced.
Nurse regulatory authorities in each state and
territory use competency standards to determine
the eligibility of people applying for a licence to
practice as a nurse and to assess nurses required to
demonstrate continuing competence.
6. Competency Standards for nurses in General Practice
REGISTERED NURSE ( Div.1):
ANMC national competency standards for the registered nurse;
Competency standards for the registered nurse in general practice;
Competency standards for the advanced registered nurse;
Competency standards for the nurse practitioner.
ENROLLED NURSE (Div. 2):
ANMC national competency standards for the enrolled nurse;
Competency standards for the enrolled nurse in general practice;
Competency standards for the advanced enrolled nurse.
8. What is a Professional Portfolio?
A professional portfolio is a comprehensive record
of your professional roles.
It is updated on an annual basis at the minimum.
A professional portfolio is a confidential document
although you can use copies of some of the
information when applying for a new position or a
pay increase, applying to undertake some further
education, or when audited by the nurse regulatory
authority for the purposes of continuing
competence.
9. Code of Ethics for Nurses in
Australia
Identify the fundamental moral commitments of the
profession;
Provide nurses with a basis for professional and self
reflection on ethical conduct;
Act as a guide to ethical practice; and
Indicate to the community the moral values which
nurses can be expected to hold.
10. Code of Professional Conduct for Nurses in Australia
The nursing profession expects that nurses will
conduct themselves personally and professionally
in a way that will maintain public trust and
confidence in the profession.
Nurses have a responsibility to the individual,
society and to the profession to provide safe and
competent nursing care which is responsive to
individual group and community needs, and the
profession.
11. Code of Professional Conduct for Nurses in Australia
Set of expected national standards of conduct for
the nursing profession;
Identifies the minimum requirements for conduct
in the profession;
Informs the community of the standards for
professional conduct of nurses in Australia; and
Provides consumer, regulatory, employing and
professional bodies with a basis for decisions
regarding standards of professional conduct.
12. STATEMENT 1
A nurse must practise in a safe and competent manner.
STATEMENT 2
A nurse must practice in accordance with the agreed standards
of the profession.
STATEMENT 3
A nurse must not bring discredit upon the reputation of the
nursing profession.
Code of Professional Conduct for Nurses in
Australia
13. STATEMENT 4
A nurse must practise in accordance with laws relevant to the
nurse’s area of practice.
STATEMENT 5
A nurse must respect the dignity, culture, values and beliefs of
an individual and any significant other person.
STATEMENT 6
A nurse must support the health, well being and informed
decision-making of an individual.
Code of Professional Conduct for Nurses in
Australia
14. STATEMENT 7
A nurse must promote and preserve the trust that is inherent
in the privileged relationship between a nurse and an
individual and respect both the person and property of that
individual.
STATEMENT 8
A nurse must treat personal information obtained in a
professional capacity as confidential.
STATEMENT 9
A nurse must refrain from engaging in exploitation,
misinformation or misrepresentation in regard to health care
products and nursing services.
Code of Professional Conduct for Nurses in
Australia
15. Insurance for Nurses in General Practice
Vicarious liability
Professional indemnity
Workers’ compensation
Legal fees
Income protection
Accident or injury
16. Ongoing licensure requires that
you:
practice within your scope
practice competently
practice in accordance with your code of ethics
practice in accordance with your code of professional
conduct
practice within a legislative framework.
17. The Nurse as an employee
Employers are legally responsible for an employee’s
negligence, based on the principle of vicarious
liability. Under this principle, an employer is legally
liable for the negligent acts and omissions of its
employees where those acts and omissions arise
from or occur in the scope and course of the
employment relationship.
It is important to understand that the principle of
vicarious liability does not absolve the nurse
working in general practice from responsibility or
remove their legal exposure.
18. The Nurse as an employee
On rare occasions the employer may seek to recover
costs from a nurse employee or join them in legal action
in relation to a medical negligence claim, or very rarely,
the patient and the patient’s lawyers may decide to sue
the nurse alone, or may sue the nurse as well as the
employer.
The nurse working in general practice may also face
exposure additional and unrelated to the prosecution of
a claim for compensation. For example, they may face
disciplinary proceedings or may have their management
investigated by the coroner.
19. The Nurse as an independent contractor
The principle of vicarious liability does not apply in
this instance. If the nurse is an independent
contractor from a Nursing Agency, Division of
General Practice or similar and is not an employee
of a general practice, liability for any negligent act
by a nurse lies with that nurse. A nurse who is an
independent contractor should therefore obtain
his/her own professional indemnity cover and the
practice who has engaged the nurse should ensure
that the nurse has this cover.
20. Practice considerations
If a patient is harmed, or is allegedly harmed, as a
result of the negligent acts or omissions of a nurse
working in general practice, the general
practitioners legal responsibility in part depends on
whether the practice nurse is:
– An employee of the practice; or
– An independent contractor.
The distinction between these two, while often
clear, can sometimes be quite difficult to make.
