NUR8340 The Law and Health Care Practice

NUR	8340	87312	1, 2009	EXT	The Law and Health Care Practice	1.00	Toowoomba
Subject	Cat-nbr	Class	Term	Mode	Description	Units	Campus

Academic group:	FOSCI
Academic org:	FOS004
Student contribution band:	National Priority Nursing
ASCED code:	060399

Staffing
Requisites
Rationale
Synopsis
Objectives
Topics
Texts
Reference materials
Student workload
Assessment details
Important assessment information
Assessment notes
Production date
PDF version

STAFFING

Examiner: Joachim Ferrer
Moderator: Jill Scanlan

REQUISITES

Pre-requisite: Students must be a Registered Nurse or Midwife and must be enrolled in one of the following Programs: MMHN or MNRS or PDEV or MMID.

RATIONALE

The expectations of an experienced Registered Nurse and Midwife include a cognisance of the law of their country. If they commit a crime unwittingly they cannot plead ignorance to exempt them from the consequences of their actions. In practice, Registered Nurses and Midwives are faced with many complex legal dilemmas that challenge them to make decisions that will both safeguard themselves and ensure safe practice. To do so effectively, these practitioners need to have a high level of understanding and knowledge of the relevant legal concepts and principles pertaining to their practice.

SYNOPSIS

This course focuses on law for the experienced Registered Nurse and Midwife. It will increase the students' knowledge and understanding of the legal aspects of the relevant Acts and Regulations with regard to their nursing in their country of practice.

OBJECTIVES

On successful completion of this course students will be able to, in their context of practice:

1.: analyse the principles leading to an action in a claim of civil negligence (2500 Word Essay);
2.: distinguish principles of criminal negligence as compared to civil negligence (2500 Word Essay);
3.: evaluate the elements of a valid informed consent (2500 Word Essay);
4.: critically assess own position of being responsible at law (Study Book Activities);
5.: critically assess their role in nursing practice in relation to Acts and Regulations governing their practice (Study Book Activities);
6.: propose and evaluate strategies for safe practice in the form of risk management strategies (Study Book Activities and 2500 Word Essay).

TOPICS

	Description	Weighting (%)
1.	Perspective and context	10.00
2.	Professional liability	15.00
3.	Professional regulation	15.00
4.	Trespass to the body and consent	10.00
5.	Criminal law, nursing midwifery practice	10.00
6.	Legislation: Speciality practice or international practice	40.00

TEXT and MATERIALS required to be PURCHASED or accessed

ALL textbooks and materials are available for purchase from USQ BOOKSHOP (unless otherwise stated). Orders may be placed via secure internet, free fax 1800642453, phone 07 46312742 (within Australia), or mail. Overseas students should fax +61 7 46311743, or phone +61 7 46312742. For costs, further details, and internet ordering, use the 'Textbook Search' facility at http://bookshop.usq.edu.au click 'Semester', then enter your 'Course Code' (no spaces).

McIllwraith, J & Madden, B 2006, Health care & the law, 4th edn, The Law Book Co Ltd, Sydney.

REFERENCE MATERIALS

Reference materials are materials that, if accessed by students, may improve their knowledge and understanding of the material in the course and enrich their learning experience.

Journal of Law and Medicine, The Law Book Co Ltd.

Beauchamp, TL & Childress, JF 2004, Principles of biomedical ethics, 7th edn, Oxford University Press, New York.

Forrester, K & Griffiths, D 2005, Essentials of law for health professionals, 2nd edn, Mosby, Sydney.

Johnstone, MJ 2004, Bioethics: a nursing perspective, 4th edn, Churchill Livingstone, Sydney.

MacFarlane, P 200, Queensland health law handbook, 16th edn, Department of Health, Queensland.

Queensland Government 2000, Mental health act (Available: http://www.health.qld.gov.au/mha2000).

Staunton, P & Chiarella, M 2008, Nursing & the Law, 6th edn, Elsevier, Chatswood, NSW.

Yoder-Wise, PS (ed) 2007, Leading and managing in nursing, 4th edn, Mosby, St Louis.

STUDENT WORKLOAD REQUIREMENTS

ACTIVITY	HOURS
Directed Study	50.00
Private Study	110.00

ASSESSMENT DETAILS

Description		Marks out of	Wtg(%)	Due date
STUDY BOOK ACTIVITIES		100.00	40.00	27 Apr 2009
2500 WORD ESSAY		100.00	60.00	09 Jun 2009

IMPORTANT ASSESSMENT INFORMATION

Attendance requirements:
It is the students' responsibility to study all material provided to them or required to be accessed by them to maximize their chance of meeting the objectives of the course and to be informed of course-related activities and administration.
Requirements for students to complete each assessment item satisfactorily:
To satisfactorily complete an individual assessment item a student must achieve at least 50% of the marks. (Depending upon the requirements in Statement 4 below, students may not have to satisfactorily complete each assessment item to receive a passing grade in this course.)
Penalties for late submission of required work:
If students submit assignments after the due date without (prior) approval of the examiner then a penalty of 5% of the total marks gained by the student for the assignment may apply for each working day late up to ten working days at which time a mark of zero may be recorded. No assignments will be accepted after model answers have been posted.
Requirements for student to be awarded a passing grade in the course:
To be assured of receiving a passing grade a student must achieve at least 50% of the total weighted marks available for the course.
Method used to combine assessment results to attain final grade:
The final grades for students will be assigned on the basis of the aggregate of the weighted marks obtained for each of the summative assessment items in the course.
Examination information:
There is no examination in this course.
Examination period when Deferred/Supplementary examinations will be held:
There will be no Deferred or Supplementary examinations in this course.
University Regulations:
Students should read USQ Regulations 5.1 Definitions, 5.6. Assessment, and 5.10 Academic Misconduct for further information and to avoid actions which might contravene University Regulations. These regulations can be found at the URL http://www.usq.edu.au/corporateservices/calendar/part5.htm or in the current USQ Handbook.

ASSESSMENT NOTES

9.	The due date for an assignment is the date by which a student must dispatch the assignment to the USQ. The onus is on the student to provide proof of the dispatch date, if requested by the Examiner.
10.	Students must retain a copy of each item submitted for assessment. If requested, students will be required to provide a copy of assignments submitted for assessment purposes. Such copies should be dispatched to USQ within 24 hours of receipt of a request to do so.
11.	The examiner may grant an extension of the due date of an assignment only in extenuating circumstances.
12.	The Faculty will normally only accept assessments that have been written, typed or printed on paper-based media.
13.	Students who do not have regular access to postal services or who are otherwise disadvantaged by these regulations may be given special consideration. They should contact the examiner early on in the course to negotiate such special arrangements.
14.	In the event that a due date for an assignment falls on a local public holiday in their area, such as a Show holiday, the due date for the assignment will be the next day. Students are to note on the assignment cover the date of the public holiday for the Examiner's convenience.
15.	Students who have undertaken all of the required assessments in a course but who have failed to meet some of the specified objectives of a course within the normally prescribed time may be awarded the temporary grade: IM (Incomplete - Make up). An IM grade will only be awarded when, in the opinion of the examiner, a student will be able to achieve the remaining objectives of the course after a period of non directed personal study.

This version produced 11 Dec 2009.