Law for Nurses and Midwives, 10th Edition
Paperback
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Key features
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Comprehensive and fully updated guide to the laws, codes and regulations that govern nursing and midwifery practice
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Includes relevant case law and hypothetical examples — shows how legal principles directly relate to daily clinical practice
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Legal, ethical and regulatory concepts introduced in an engaging way — easy to read and understand
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Includes practical considerations of ethical decision-making
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Logical sequencing and flow of information, with end-of-chapter review questions and key points boxes to support learning
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Cases and case examples throughout demonstrate concepts and application to practice
New to this edition
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Covers hot topics including voluntary assisted dying, changes to organ and tissue transplantation and donation, and updated discussion on codes of ethics and codes of conduct
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Provides the most comprehensive guide to mental health legislation of any text available for undergraduate and postgraduate nurses and midwives in Australia
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Instructor and student ancillaries including multiple-choice questions and answer guidance for chapter questions
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Content relevant to enrolled nurses
Instructor resources on Evolve:
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Case studies
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Model answers to end-of-chapter review questions
Student and Instructor resources on Evolve:
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Multiple-choice questions
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Section 1
- INTRODUCTION (1)
- 1 AN INTRODUCTION TO THE LAW AND AUSTRALIA’S LEGAL SYSTEM (2)
- Where does our law come from? (4)
- The difference between criminal law and civil law (7)
- Administrative structure of Australia’s legal and court system (12)
- 2 THE RELATIONSHIP BETWEEN LAW AND ETHICS (18)
- The application of law and ethics to practice (18)
- Ethics: what it is (20)
- Ethics: what it is not (20)
- Major ethical theories (23)
- 3 THE INTERNATIONAL CONFEDERATION OF MIDWIVES CODE OF ETHICS FOR MIDWIVES AND THE INTERNATIONAL COUNCIL OF NURSES CODE OF ETHICS FOR NURSES (30)
- How does a code of ethics differ from a code of conduct? (31)
- How do the ICM code and the ICN code compare with the NMBA codes of conduct for midwives and nurses respectively (2018)? (32)
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Section 2 - COMMENCING AS A PROFESSIONAL (41)
- 4 PROFESSIONAL REGULATION OF NURSES AND MIDWIVES (42)
- Relevant legislation and structure of the scheme (42)
- Principles of the national scheme (46)
- The national registers (46)
- The elements of professional regulation (49)
- Codes of conduct and ethics and competency standards/standards for practice (51)
- Endorsements under section 94 of the National Law (54)
- Endorsement as a nurse practitioner under section 95 of the National Law (56)
- 5 THE CONTRACT OF EMPLOYMENT INCLUDING WORKPLACE HEALTH AND SAFETY AND WORKERS COMPENSATION (67)
- The contract of employment (67)
- The creation of an industrial award or workplace agreement (69)
- How the contract of employment is terminated (72)
- The legal perspectives of workplace health and safety (74)
- Workplace health and safety legislation (74)
- Workers compensation (79)
- Practical considerations and advice concerning workers compensation (85)
- The employer's obligation to provide a safe system of work (86)
- 4 PROFESSIONAL REGULATION OF NURSES AND MIDWIVES (42)
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Section 3 - PROFESSIONAL PRACTICE (88)
- 6 CONSENT TO TREATMENT (INCLUDING THE RIGHT TO WITHHOLD CONSENT, END-OF-LIFE PLANNING, NOT FOR RESUSCITATION ORDERS, AND THE RIGHT TO DETAIN AND RESTRAIN PATIENTS WITHOUT THEIR CONSENT) (89)
- Why is consent important? (89)
- Negligence must be distinguished (90)
- What information is available to help professionals and patients? (93)
- How may consent be given? (93)
- What are the elements of a valid consent? (95)
- The right to withhold consent to treatment (117)
- The right to request assistance to end your life (121)
- The right to restrain or detain patients without their consent (123)
- 7 PROFESSIONAL NEGLIGENCE (130)
- The development of common law principles in relation to allegations of professional negligence and legislative changes affecting them (130)
- Professional negligence in a healthcare context (131)
- The principle of duty of care as it applies to a nurse and midwife (131)
- Second principle in civil action alleging professional negligence: determining the standard of care expected of health professionals (134)
- Determining the standard of care expected of nurses and midwives (140)
- Should a nurse or midwife question treatment or medication orders as part of the duty and standard of care (167)
- Third and fourth principle in civil action alleging professional negligence: damage suffered and the principle of causation and the scope of liability for negligent acts (170)
- The awarding of compensation by the courts (175)
- Defences to an action alleging professional negligence (176)
- Vicarious liability (178)
- Professional indemnity insurance requirements for health professionals, including nurses and midwives (183)
- The employer's direct liability for negligent employees (184)
- The nurse or midwife as a good samaritan (185)
- Time limits or limitation periods for bringing a civil negligence claim (186)
- Provisions of an apology within the context of potential civil liability for negligence (187)
- 6 CONSENT TO TREATMENT (INCLUDING THE RIGHT TO WITHHOLD CONSENT, END-OF-LIFE PLANNING, NOT FOR RESUSCITATION ORDERS, AND THE RIGHT TO DETAIN AND RESTRAIN PATIENTS WITHOUT THEIR CONSENT) (89)
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Section 4 - NURSING PRACTICE (191)
- 8 THE ADMINISTRATION OF DRUGS (192)
- Examining the relevant regulations (196)
- Problem areas with drugs (198)
- Endorsements for administering medication under the new national registration scheme (202)
- Criminal and professional issues relating to the administration of drugs (203)
- 9 DOCUMENTATION AND CONFIDENTIALITY OF AND ACCESS TO PATIENT RECORDS (INCLUDING E-RECORDS, INCIDENT REPORTING AND OPEN DISCLOSURE) (205)
- The role of clinical documentation in healthcare delivery (205)
- Integrated record-keeping (209)
- Reading the patients’ records (209)
- The value of good records when used as evidence in court (209)
- Documentation and report writing in an aged care facility (211)
- E-health records and the Australian digital health agency (212)
- Confidentiality of healthcare records (213)
- Reporting and documenting adverse events and clinical incidents (216)
- Open disclosure (219)
- 8 THE ADMINISTRATION OF DRUGS (192)
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Section 5 - SPECIALISED AREAS OF PRACTICE (223)
- 10 MENTAL HEALTH (224)
- The establishment of principles governing mental health care and treatment in Australia (224)
- The legislative framework for the provision and regulation of mental health care and treatment in Australia (226)
- Overview of the mental health legislation of each state and territory (231)
- Australian Capital Territory: Mental Health Act 2015 (232)
- New South Wales: Mental Health Act 2007 (239)
- Northern Territory: Mental Health and Related Services Act 1998 (incorporating amendments arising from Northern Territory Mental Health and Related Services Amendment Act 2007) (245)
- Queensland: Mental Health Act 2016 (251)
- South Australia: Mental Health Act 2009 (257)
- Tasmania: Mental Health Act 2013 (263)
- Victoria: Mental Health Act 2014 (268)
- Western Australia: Mental Health Act 2014 (273)
- 10 MENTAL HEALTH (224)
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