Provision of specific community health nursing legislation and
Health is a state of dynamic balance of an individuals ability to perform personality valued roles and responsibilities, to deal and cope with physical, biological, psychological and social stresses and challenges throughout the life while continuing to maintain sense of wellbeing. Nursing is a professional services for enabling a person to maintain and sustain health and wellbeing. In community the individuals/families groups who are in need of assistance from community health nurse to maintain and sustain their health and wellbeing.
In community the vulnerable groups those who are disadvantages due to physical and economic reasons e.g. - women, children mentally and physically challenged including elderly groups need for more attention for their health and wellbeing. Activities carried out by community health nurse are promotive, preventive, curative (only minor aliments). Referral services and rehabilitative services for the individual and families in the community.
code of professional conduct. ional responsibility and Profess accountability. Qualitative standard nursing practice. Valuing human being. Communication and interpersonal relationships. Effective management.
Respect Qniqueness of an individual. Respect rights of an individual . maintain privacy and confidentiality and share information judiciously. Competency based quality nursing services. Obliged to practice within the framework of ethical, professional and legal boundaries. Work harmoniously with the members of health team. Commits to reciprocate the trust invested in nursing profession by society.
Legislation in health field is to execute heath services and family welfare services through an established and recognized organization:
PUBLIC SocialHEALTH Value LAW Health Local law Social government depends standard on Interpersonal relationship
Public health laws comprise of:(a) Health law - Dealing rights and duties - Legal act - Legal procedures - Jurisprudence(b) Health ethics- - Social and individual values - Health philosophy - Religion(c) Community health nurse and patients/individual - Performance as per the nursing act - Privacy - Confidentiality - Right to refuse - Social regulations - Mal practice
Fitness in occupation In professional duties at community Medical work CirculationTreatment ofprisoners Hunger Court strikers witness Blood test
Legal aspect in public health Surgery and IN Anesthesia Efficiency C U L Psychiatric Emergency T management U Infectious R case A L Autopsy Organ transplant C A Drug-reaction Blood R shock Transfusion E and sudden death
In preventive activities In professional duties at community work Mass Immunization screeningLimiting Prophilaxisreligious against activity Limiting diseases commercial activity
Law is a code which regulates human behaviour in the society. Law imposes a duty on every individual to conform standard of conduct so as to protect right of every individual. Basic law of our country is constitution which provides rights and duties of citizens and functions of the states.
PurposesTo connect To protect To make To punishinequalities rights of amendments peoplein society individuals in rights of indulging individual to in said the forbidden prevailing acts (not do requirements so) of society
Law of the constitution are formed under different sections as follows: Common laws - by judges of court Labour laws - Right and obligations between employers and employees. Statutory laws - Define obligations of citizens to act in a particular manner. Criminal laws - Laws are closure to the statutory laws. Tort - This kind of law includes demamation, assault, negligence and frauds etc. Tort is a civil wrong for which remedy is common. law action for damages that are not liquidated and which is not exclusively the breach of contract or trust or a more equitable obligation.
For constitute tort following conditions must be satisfied: Act or omission - for a person liable for a tort she/he must have some act which is not expected to do or must have failed in her/his duties. Wrongful or omission - If more moral or social wrong, these can not be a liability for a person. Legal damage - Infringement of a legal right. Legal remedy - It must give rise to legal remedy in the form of action or damage. Supreme Court is the highest judiciary with highest power of the country.
STATUTES- COURTCONSTITUTION STATUTORY DECISIONS- OF INDIA LAW TORT LAW
License is a legal document that permits a person to offer special skills and knowledge to the public in a particular jurisdiction. Licenser - Establishes standards to entry into professional practice defines scope of practice and allow disciplinary action.
Being found guilty of professional negligence. Practising nursing without license. Obtaining license by fraud or allowing others to use your license. Conviction of grave crime for any offence substantially related to the function or duties.
Participating professionally in criminal abortion. Not reporting sub-standard care. Providing care while under influence of drug or alcohol. Giving narcotic drugs without an order. Falsely found as a community health nurse practitioner.
Conditions of work and life of community health nursing personnel:1. Standard hours of work 8 hrs/day. In between working hours half an hour Lunch-break.It should not be more than 12 hours2. Over time Time relaxation (leave) Extra remuneration 2 days rest/week Two weeks advance notice for any roster duty.
3. Leave - 4 weeks with pay/year - Sick leave with pay until recovery- Maternity benefit 12 weeks/ No posting in pregnancy risk areas4. Remuneration As per qualification Experiences Responsibilities Cleaning facility
5. Legal control on appointment letter specify: - Rights - Duties - Responsibilities - Degree of authority attach to it6. Nursing - education (students): - Supervised clinical/community nursing practice - Adequate housing with reasonable privacy - Suitable uniform - Adequate health protection - Vaccation, leave - Grants (stipend/study loan)7. Continuing education: - Facilities for continuing education for updating knowledge and skills.
1825- Quarantine act Quarantinable diseases Yellow fever Typhus fever Cholera Relapsing fever Plague Small-pox 1855 - Fatal accident act This act provides compensation to families or loss occasioned by the death of a person caused by actionable wrong i.e. neglects, default. 1873- Birth and death registration act - Promulgated 1880 - Vaccination act was passed 1897 - Epidemic disease act (Modified in 1956)
1948 - Minimum wages act (Promulgated) 1950 - Constitution of India formed 1950 - The drug control act (price - order) 1954 - Air craft rules (Quarantine act) Air craft act - 1934, Public health rules – 1946 Indian air - craft (Public health rules) was passed forquarantinable diseases by our constitution (a) Vaccination certificate. (b) Medical authority certificate for travelling by AIR CRAFT. 1825 Quarantine act was passed
1955 - Marriage act passed 18 yrs boy/15 yrs girls 1956 - Immoral traffic act 1956 - Epidemic disease act 4th Feb 1897 extends to whole India except (territories) and modified and passed on 1st Nov. 1956 (Special power to manage epidemic) Prescribed regulations as to dangerous epidemic diseases. Power of central govt. - Inspection of air craft, vessels etc suspected. Protection to person. 1956 - The Hindu Adaptations and maintenance act 1961 - The maternity benefit act 1962 - Atomic energy act Quality assurance. Qualified staff and personnel monitoring badges in x-ray department.
1963 - Personal injuries compensation act ESI ACT- Payment for surgery, medical treatment etc, 1969 - Registration of birth and death act within 21 days with late fee 30 days after occurrence and came into force 1st April, 1969 Birth - live birth or still birth. Death - Permanent disappearance of all evidence of life at any time after live birth. 1970 - Drug and public health Drug control, sale, supply and distribution of drugs. Public health laws relating to drug dealt with accessibility of drug (sale and marketing). Dispensation of drug, administration of drugs = Quality of drug (Drug-adulteration). Presence of essential drugs (by WHO) in a functioning health system at all times in adequate quantities, in appropriate doses form with assured quality and reliable
1971 - M.T.P. Act (Medical Termination of Pregnancy) MTP act permits of foetuses with disabilities. Aim - to make possible to use abortion as a mechanism of family planning. Abortion can lawfully be done. Abortion as a right to women. Risk of death or grave mental or physical injury to the health of pregnant women. Where pregnancy caued by safe. Risk of the child (serous abnormality) . When contraceptive device failure . 1971 - Family pension scheme 1974 - Prevention and control of pollution act
1975 - Prevention of food adulteration act (1954) Food quality, adding any other substances. Food kept in insanitary conditions (contaminated). If the product decomposed and not fit for human consumption . If the article is obtained from contaminated animal and fish etc. If poisonous substances added. If prohibitive preservative or colouring materials in excess of prescribed unit. Adulteration results grievous health problems even death - For death - Imprisonment and fine6 months to 3 yrs Rs. 5000.00 orabove
1975 - The cigarettes regulation act Production, supply and distribution 1975 - Indian factories act of E.S.I. act modified 1978 - Child marriage restraint act Boy - 21 yrs, girl - 18 yrs 1981 - The air (Prevention and control of pollution) act was enacted 1984 - The workmen compensation act came into force 1st July 1984 1984 - The Juvenile act 1986 - The child abuse (Prohibition of regulation) act 1986 - The environment (protection) act
1986 - The consumer protection act (except J.K.) Central consumer protection council . State consumer protection council. District consumer protection council. Or District forum Right to choose, right to safety, right to ward , right to seek-redressal, right to be informed, right to consumer education. Change of price, loss or damage any major trade practice, price display in packet goods. Free service provider if demands anything. Imprisonment 1 month to 3 yrs with compensation not less than 5 lacs.
1987 - The child labour (Prohibition and regulation act) 1987 - NACO - Public Health Act HIV and AIDS rules HIV/AIDS kit to all hospitals. Use of Disposable syringe of needle use. Proper biomedical waste disposal. Free of cost anti AIDS drugs. Pension benefit not money but work . Blood bank safety programme. Confidentiality.
1990 - The national commission for women act Functions of commission .o Investigation for safe-guard for women under constitution and law. Safe-guarding womens right. Recommendation for improving womens status. Taking up cases of violation. Deprivation of womens rights. Occupational health hazards. Equality and development. Socio-economic development for women.
1994 - The transplantation of human organ act Regulation of removal, storage and transplantation of human organ for therapeutic purpose. Prevention of commercial dealings in human organs. Authority for removal of human organ. Postmortem (medico legal). Unclaimed body in hospital. Certified death and volunteer organ donation. Registration of hospitals. Regulation of hospitals. Appointment of appropriate authority for this act by central and state government. Preservation, transplantation, removal by illegal ways without noticing authority. Punishment as imprisonment and penalty One lac and above.
1992 - Infant milk substitute act 1994 - The Panchayat Raj act 1995 - The disability act Equal opportunity, protection right and full participation by disable persons. 1996 - The prenatal diagnostic technique (PNDT act) Act prohibits all technologies of sex selection. By registered of qualified agencies. Cases - Genetic disorders, chromosomal abnormalities congenital anomalies, sex-linked diseases. 2003 - PNDT Act was enacted in 2003 for prohibition of "Female-foeticide“. 2000 - Noise pollution (Regulation and protection) act Silence zone - Hospitals, court, educational institutions. From 10 p.m. to 6 p.m. - No loud speakers/public address.
2000 - The juvenile justice (Care of protection) of children act 2003 - The tobacco products prohibit act No smoking in public places. Size of cigarette - 90× 6 mm. Once not more than two - Prohibition of sales to minor groups. 2003 - Prenatal diagnostic technique (regulation and prevention of misuse) act Prohibition of sex selection .
2005 - The disaster management act National, State and District plan for management strategies, capacity building, migration etc. Specify role of all workers including health during emergencies and before emergencies. Strengthening each resource person by appropriate training. As a CHN has to plan disaster preparedness plan by accessing vulnerabilities, health education, first- aid, drills etc. Relief, reconstruction in all plans in all levels.
2005 - The protection of women from domestic violence act Protection of women from domestic violence aggrieved person, respondent and domestic relationship. Physical abuse, economic abuse, dowry, unlawful demands and treats to cause above harms. Relief for insurance of protection order. Ensure provision of legal aid. Service providers are legal aids, shelter homes and medical facilities in local areas. Ensuring monetary relief for aggrieved person, loss of earning, medical expenses, loss of any property. Maintenance of aggrieved and her children. Legal action against the respondent. 2009 - The right of children to free and compulsory education act 2011 - The protection of children from sexual offences bill in India