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Legal and Ethical Issues in Midwifery > Week 1-4 > Flashcards

Week 1-4 Flashcards

1
Q

Define: Ethics

A

Ethics is a branch of philosophyand is concerned with what is morally good and bad, right and wrong

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2
Q

Define: Morals

A

character and standards of behaviour

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3
Q

Define: Values

A

ideals against which we judge the significance and importance of things

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4
Q

Explain: Ethical dilemma

A

An ethical dilemma occurs when there is a difference in opinion or understanding of what is right or wrong, where there is a choice, decision or action to be taken where few or all of the options may be unattractive or less than desirable

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5
Q

What are the 3 main Ethical theories

A

Teleology (utilitarianism)
Deontology
Rawl’s theory of justice

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6
Q

Define: Teleology

A

is referred to as results-oriented ethics

  • Relative
  • consequentialism

eg. taking a life might be right or wrong depending on the circumstances

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7
Q

Define: Deontology

A

Intrinsic ethical absolutes

eg. Taking a life is always wrong

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8
Q

What are the 2 key theorists in Deontology

A

Kant and Ross

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9
Q

Define: Bioethics

A

the systematic study of the moral dimensions-including moral vision, decisions, conduct and policies- of the life sciences and health care, employing a variety of methodologies in an interdisciplinary setting

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10
Q

Explain: Rawl’s theory of justice

A

it combines the strengths of utilitarianism and deontology

Two fundamental principles:

  • Each person is to have an equal right to the most extensive total system of equal basic liberties
  • Social and economic inequalities are to be arranged so they are of the greatest benefit to the least advantaged
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11
Q

What are the 4 Ethical Principles

A

Autonomy
Beneficence
Non-maleficence
Justice

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12
Q

Define: Non-maleficence

A

Do no harm

Refrain from deliberately inflicting harm on a person or self

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13
Q

Define: Beneficence

A

Actively bring about a benefit for a person

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14
Q

Define: Autonomy

A

refers to the capacity to make informed decisions about ones life in order to determine for oneself whether or not the course of action is in ones best interest

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15
Q

Define: Justice

A

acting fairly

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16
Q

Define: Veracity

A

is based on the principle of truth telling, grounded in respect for persons and the concept of autonomy

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17
Q

Define: Paternalism

A

this is the interference by an individual with another person against their will with the claim that the person interfered with will be better or protected from harm

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18
Q

What are the categories of Law

A

Statue law (inc. criminal)
Common law
Civil law

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19
Q

What are the levels of law

A

Federal
State
Local

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20
Q

Laws from what part of the legal system apply to the whole of Australia

A

Laws passed down by the Parliament of the Commonwealth

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21
Q

When was the Nuremberg Code developed

A

1948

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22
Q

Explain: Nuremburg Trials

A

It was the legal trials of the Nazi doctors at Nuremberg that conducted medical
experiments on thousands of concentration camp prisoners
without their consent. Most of the participants of these
experiments died or were permanently disabled as a result

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23
Q

Who developed the 4 principles of bioethics

A

Beauchamp and Childress (2008)

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24
Q

The ICM International definition of the Midwife is….

A

A midwife is a person who has successfully completed a midwifery education programme that is duly recognized in the country where it is located and that is based on the ICM Essential Competencies for Basic Midwifery Practice and the framework of the ICM Global Standards for Midwifery Education; who has acquired the requisite qualifications to be registered and/or legally licensed to practice midwifery and use the title ‘midwife’; and who demonstrates competency in the practice of midwifery.

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25
Q

Explain: National competency standards

A

The national competency standards for the midwife are the core competency standards by which your performance is assessed to obtain and retain your licence to practice as a midwife in Australia.

  • The overarching framework for the competency standards is women-centred care, and the standards are underpinned by primary health care principles.
  • There are four domains in the provision of woman centred care that the competency standards cover
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26
Q

What are the 4 domains of the midwifery competency standards

A

Legal and Professional Practice (1 and 2)
Midwifery Knowledge and Practice (3-6)
Midwifery as Primary Healthcare (7-10)
Reflective and Ethical Practice (11-14)

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27
Q

4 Midwifery Competency Standards

Explain: Legal and professional practice competencies

A

Competency 1: Function in accordance with legislation and common law affecting midwifery practice
- Element 1.1: Demonstrates and acts upon knowledge of legislation and common law pertinent to midwifery practice.
Cue – practices midwifery within the requirements of legislation and common law

Competency 2. Accepts accountability and responsibility for own actions within midwifery practice

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28
Q

4 Midwifery Competency Standards

Explain: Midwifery Knowledge and Practice competencies

A

Competency 3. Communicates information to facilitate decision making by women

Competency 4. Promotes safe and effective midwifery care

Competency 5. Assesses, plans, provides and evaluates safe and effective midwifery care

Competency 6. Assesses, plans, provides and evaluates safe and effective midwifery care for the woman and/or baby with complex cares.

29
Q

4 Midwifery Competency Standards

Explain: Midwifery as Primary Healthcare Competencies

A

Competency 7. Advocates to protect the rights of women, families and communities in relation to maternity care.

Competency 8. Develops effective strategies to implement and support collaborative midwifery practice

Competency 9. Actively supports midwifery as a public health strategy

Competency 10. Ensures midwifery practice is culturally safe.

30
Q

4 Midwifery Competency Standards

Explain: Reflective and Ethical Practice Competencies

A

Competency 11. Bases midwifery practice on ethical decision making

Competency 12. Identifies personal beliefs and develops these in ways that enhance midwifery practice

Competency 13. Acts to enhance the professional development of self and others

Competency 14. Uses research to inform midwifery practice

31
Q

What are the 8 Code of Ethics for midwives

A
  1. Midwives value quality midwifery care for each woman and her infant(s): This involves midwives assisting each woman during pregnancy, birth and the early postnatal period, providing support, advice and care according to individual needs
  2. Midwives value respect and kindness for self and others: It includes respecting the individual ethical values people might have in the context of midwifery care
  3. Midwives value the diversity of people: requires midwives to appreciate how different cultural backgrounds and languages may influence both the provision and receipt of midwifery care
  4. Midwives value access to quality midwifery care for each woman and her infant(s): access refers to the extent to which a woman and her infant(s) or a community can obtain midwifery services
  5. Midwives value informed decision making: This includes each woman having the opportunity to verify the meaning and implication of information being given to her when making decisions about her maternity care and childbirth experience
  6. Midwives value a culture of safety in midwifery care: involves midwives actively engaging in the development of shared knowledge and understanding of the importance of safety – physical, emotional, social and spiritual – as a crucial component of contemporary midwifery care
  7. Midwives value ethical management of information: requires the information being recorded to be accurate, non-judgemental and relevant to the midwifery care of the woman and her infant(s)
  8. Midwives value a socially, economically and ecologically sustainable environment promoting health and wellbeing: Midwives value strategies aimed at preventing, minimising and overcoming the harmful effects of economic, social or ecological factors on the health of each woman, her infant(s), family and community
32
Q

What are the 3 components of the Code of Professional Conduct

A
  1. Midwives practice competently in accordance with legislation, standards and professional practice.
  2. Midwives practice within a woman centred framework
  3. Midwives practice midwifery reflectively and ethically
33
Q

Code of Professional Conduct

Explain: Midwives practice competently in accordance with legislation, standards and professional practice (1-6)

A
  1. Midwives practise in a safe and competent manner.
  2. Midwives practise in accordance with the standards of the profession and broader health system.
  3. Midwives practise and conduct themselves in accordance with laws relevant to the profession and practice of midwifery.
  4. Midwives respect the dignity, culture, values and beliefs of each woman and her infant(s) in their care and the woman’s partner and family, and of colleagues.
  5. Midwives treat personal information obtained in a professional capacity as private and confidential.
  6. Midwives provide impartial, honest and accurate information in relation to midwifery care and health care products.
34
Q

Code of Professional Conduct

Explain: Midwives practice within a woman centred framework (7-9)

A
  1. Midwives focus on a woman’s health needs, her expectations and aspirations, supporting the informed decision making of each woman.
  2. Midwives promote and preserve the trust and privilege inherent in the relationship between midwives and each woman and her infant(s).
  3. Midwives maintain and build on the community’s trust and confidence in the midwifery profession.
35
Q

Code of Professional Conduct

Explain: Midwives practice midwifery reflectively and ethically (10)

A
  1. Midwives practise midwifery reflectively and ethically.
36
Q

Define: AHPRA

A

Australian Health Practitioner Regulation Agency

37
Q

Explain the role: AHPRA

A

Is the organisation responsible for the implementation of the national registration accreditation scheme across Australia

38
Q

How many boards make up AHPRA

A

14

39
Q

What legislation is AHPRA governed under

A

Health Practitioner Regulation National Law of NSW

40
Q

Explain: Health Practitioners Regulation National Law Act 2009

A

(1) The object of this Law is to establish a national registration and accreditation scheme for -
(a) the regulation of health practitioners; and
(b) the registration of students undertaking—
(i) programs of study that provide a qualification for registration in a health profession; or
(ii) clinical training in a health profession.

41
Q

What are the mandatory registration requirements fro practicing midwives

A

Criminal history – 10 considerations such as the nature of the offence and its relevance to health practice, the time since the offence was committed, whether the individual was found guilty and the sentence imposed for the offence, and the behaviour of the practitioner since that offence.

English language skills - all applicants must demonstrate English language skills, these requirements do not apply to students until the completion of the course

Professional Indemnity Insurance

Continuing Professional Development (CPD) – 20 hours per year for RN and RMs. Written documentation is required.

Recency of Practice - 3 months full time equivalent within 5 years.

42
Q

Accreditation under the Health Practitioner Regulation
National Law Act
(the National Law) Document

What are the 8 domains of the Quality framework

A
  1. Governance - the accreditation authority effectively governs itself and demonstrates
    competence and professionalism in the performance of its accreditation role.
  2. Independence – the accreditation authority carries out its accreditation operations
    independently.
  3. Operational management - the accreditation authority effectively manages its resources
    to carry out its accreditation function.
  4. Accreditation standards - the accreditation authority develops accreditation standards
    for the assessment of programs of study and education providers.
  5. Processes for accreditation of programs of study and education providers - the
    accreditation authority applies the approved accreditation standards and has rigorous, fair
    and consistent processes for accrediting programs of study and their education providers.
  6. Assessing authorities in other countries (where this function is exercised by the
    accreditation authority) - the accreditation authority has defined its standards and
    procedures to assess examining and/or accrediting authorities in other countries.
  7. Assessing overseas qualified practitioners (where this function is exercised by the
    accreditation authority) - the authority has processes to assess and/or oversee the
    assessment of the knowledge, clinical skills and professional attributes of overseas
    qualified practitioners who are seeking registration in the profession under the National
    Law and whose qualifications are not approved qualifications under the National Law for
    the profession.
  8. Stakeholder collaboration - the accreditation authority works to build stakeholder support
    and collaborates with other national, international and/or professional accreditation
    authorities.
43
Q

Human rights in childbirth

Describe: Principle-Human Dignity

A

All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood

44
Q

Human rights in childbirth

Describe: Principle-Respectful treatment

A

For the purposes of this Declaration, the term “violence against women” means any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation whether in public or in private life.”

45
Q

Human rights in childbirth

Describe: Principle-Autonomy and Consent

A

A competent woman, who has the capacity to decide, may, for religious reasons, other reasons, for rational or irrational reasons or for no reason at all, choose not to have medical intervention, even though the consequence may be the death or serious handicap of the child she bears, or her own death

46
Q

Human rights in childbirth

What are the Principles of human rights in childbirth

A

Human dignity
Respectful treatment
Autonomy and Consent
Choice

47
Q

Define: Non-consented care

A

procedures performed without adequate information or dialogue to enable autonomous decision-making, undue pressure to make specific clinical choices

48
Q

Define: Misinformed care

A

biased, non-transparent clinical information, disabling women from giving true informed consent, breech birth is particularly interesting on this point

49
Q

The Nuremberg Code (1948) has been replaced by…

A

Declaration of Helsinki of 1964

50
Q

Define: Ethical issue

A

An ethical issue occurs when there is a difference in opinion or understanding of what is right or wrong.

51
Q

Define: Ethical dilemma

A

An ethical dilemma is created when there is a decision to be made or an action taken.

52
Q

What are the 3 elements/type of Ethics

A

Meta ethics- are how we work out what we mean by good or bad or if we are happy with our decisions.

Ethical theory- is the way in which we can explain or solve ethical problems; it is sometimes referred to as a formula for explaining difficult problems

Practical ethics- concern daily aspects of life and also include daily aspects of medicine, business and midwifery

53
Q

What are the 2 distinct areas of the Law

A

Criminal law

Civil law

54
Q

Explain: Burden of proof

A

is the task of having to prove an offence has been committed

55
Q

Criminal law

What 2 elements must the prosecution prove were present at the time an offence was committed

A

Actus Reus- the acttivity that constitutes an offence

Mens Rea- the intention to commit an offence

56
Q

What is the Hierarchical structure of the courts in Australia

A 
High Court (Federal court of Aus)
State/Territory Court of Appeal
State/Territory Supreme Court
District/County Courts
Local Coourts or Magistrates Court
57
Q

What AHPRA national board applies to nurses and midwives

A

Nursing and Midwifery Board of Australia

58
Q

When was the NMBA established

A

1 July 2009

59
Q

What are the 5 registration requirements for midwives

A
  • Criminal history registration standard
  • English language skills registration standard
  • Registration standard: Continuing professional development
  • Registration standard: Recency of practice
  • Registration standard: Professional indemnity insurance arrangements
60
Q

What are examples of unregulated professions

A 
Doulas
Birth assistants
Midwives without registration
Electrical engineer!
Complementary therapists – some regd some not (Chinese Practitioners)
61
Q

The national body overseeing registration of health professionals in Australia is the…..

A

Australian Health Practitioner Regulation Agency (AHPRA)

62
Q

The national body overseeing registration of midwives in Australia is the:

A

Nursing and Midwifery Board of Australia

63
Q

The traditional purpose of a professional regulatory scheme is to…

A

protect the public

64
Q

Define: Collaboration

A

is the ability to work cooperatively, to share responsibility for solving problems and making decisions with the aim of formulating and carrying out plans for patient care

65
Q

What are the 5 elements of the Continuum of Collaboration

A
  1. Communication: individuals from different disciplines talking together.
  2. Co-operation: low key joint working on a case-by-case basis.
  3. Co-ordination: more formalized joint working, but no sanctions for non-compliance.
  4. Coalition: joint structures sacrificing some autonomy.
  5. Integration: organizations merge to create new joint identity.
66
Q

The traditional purpose of a professional regulatory scheme is to:

A

Protect the public

67
Q

Explain: Professional boundary breaches

A

boundary violations are departures from usual practice that are harmful to the patient

68
Q

What are professional boundaries

A

The Code of professional conduct for midwives in Australia defines professional boundaries as:

the limits of a relationship between a midwife and the woman and her infant(s) and any of the woman’s significant 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

69
Q

What are the ACM Consultation and Referral

Guidelines

A

A- Discuss: with another health professional
B- Consult: evaluating woman’s care and needs with another health professional
C- refer: to a medial health professional for duration of concerning problem

Legal and Ethical Issues in Midwifery (2 decks)

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