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Author Speed, G.
Title Advanced nurse practice Type Journal Article
Year 2003 Publication Nursing dialogue: A Professional Journal for nurses Abbreviated Journal
Volume 10 Issue (up) Pages 6-12
Keywords Nurse practitioners; Cross-cultural comparison; Law and legislation; Advanced nursing practice
Abstract The concept and characteristics of advanced nursing practice in New Zealand and overseas is compared with the nurse practitioner role. There is an international debate over definitions of advanced nursing and the range of roles that have developed. The rationale for the nurse practitioner role in New Zealand is examined, along with the associated legislation currently before Parliament. Job titles and roles of nurses within the Waikato Hospital intensive care unit are discussed and ways of developing the role of nurse practitioner are presented.
Call Number NRSNZNO @ research @ Serial 1096
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Author Lewis, T.
Title Euthanasia: A Foucauldian analysis Type
Year 2005 Publication Abbreviated Journal ScholarlyCommons@AUT
Volume Issue (up) Pages
Keywords Law and legislation; Euthanasia; Ethics; Pain management; Terminal care; Nursing; Palliative care
Abstract This study drew upon the theoretical insights of Michel Foucault to provide a discursive analysis of the term euthanasia, and the issues surrounding the “right-to-die”. It involved an analysis of primary texts from; nursing, general, and legal literature as well as the media between the years 2002-2004. Drawing upon data researched, the study analyses the main discourses regarding the practice of euthanasia for terminally ill individuals. The two competing discourses that emerged were what the author termed the sanctity-of life-discourse and the right-to-die discourse. The aim of the study was to uncover the discourses understanding of “truth” regarding the right-to-die. The analysis revealed that a small percentage of cancer sufferers (5%) die with their pain insufficiently treated and the right-to-die discourse claims that no individual should have to suffer needlessly, asserting the individuals right to autonomy. Directly opposing this is the sanctity-of life-discourse which states all life is sacred and nothing can justify euthanasia as an acceptable practice in society. These findings indicate the need for effective palliative care and pain management when caring for the terminally ill individual. The legal, ethical and moral implications of euthanasia are many and this study discusses the effects these may have on health professionals involved with the care of terminally ill patients. The study revealed an increasing deployment of the right-to-die discourse in the media and revealed concerns regarding the nursing profession's lack of preparation to deal with euthanasia if it becomes a legal option in end of life care.
Call Number NRSNZNO @ research @ Serial 1226
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Author Drake, M.; Stokes, G.
Title Managing pre-registration student risk: A professional and legislative minefield Type Journal Article
Year 2004 Publication Nursing Praxis in New Zealand Abbreviated Journal
Volume 20 Issue (up) 1 Pages 15-27
Keywords Risk management; Education; Law and legislation; Nursing
Abstract This article reports data from 15 schools of nursing, surveyed to identify difficulties experienced by nurse educators with respect to entry, progression and programme completion of undergraduate nursing students. Risk assessment, along with a lack of clear policy and procedures were found to be the main problem areas. Difficulties were exacerbated for educators when there were challenges to their professional judgement, either from the Nursing Council of New Zealand or from within their own institution. The authors argue for more recognition of the dual role of nurse educators, and greater clarification of the Nursing Council of New Zealand role in regulating the student's programme entry and progression, and ultimate admission to the Register. It is suggested that the recently passed Health Practitioners Competence Assurance Act (2003) provides nursing with an opportunity to address some of these issues.
Call Number NRSNZNO @ research @ Serial 546
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Author Malcolm, H.
Title Patient privacy in a shared hospital room: Right or luxury? Type Journal Article
Year 2004 Publication Nursing Praxis in New Zealand Abbreviated Journal
Volume 20 Issue (up) 1 Pages 28-35
Keywords Patient rights; Law and legislation; Nursing; Hospitals
Abstract In this article the author discusses the New Zealand legislation aimed at protecting the individual's right to privacy and concludes that practice may place healthcare consumers' rights at risk. While patient privacy should be of concern to all health professionals, the focus here is on the nurse's role in relation to recently formulated competencies published by the Nursing Council of New Zealand, which includes the recommendation that care be seen to exhibit an awareness of healthcare consumers' rights to privacy alongside the expectation that nurses question practices that compromise patient privacy.
Call Number NRSNZNO @ research @ 562 Serial 548
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Author McKenna, B.; Simpson, A.I.F.; Coverdale, J.
Title Best practice management strategies for mental health nurses during the clinical application of civil commitment: An overview Type Journal Article
Year 2006 Publication Contemporary Nurse Abbreviated Journal
Volume 21 Issue (up) 1 Pages 62-70
Keywords Psychiatric Nursing; Law and legislation; Nurse-patient relations; Patient satisfaction
Abstract The aim of this article is to outline best practice management strategies for nurses during the clinical application of civil commitment of mentally ill persons. A literature search on 'coercion' and 'civil commitment' was undertaken. Published and unpublished research undertaken by the authors in New Zealand on this topic was drawn upon. This research considered the use of civil commitment during admission to acute mental health services, acute forensic mental health services and community mental health services. The experience of coercion by service users coincides with the degree of restriction associated with the service they are involved in. Socio-demographic factors, clinical factors and the experience of coercive events have little bearing on the amount of coercion experienced. Rather, it is the pattern of communication and the use of 'procedural justice' that has the potential to ameliorate the amount of perceived coercion. The authors conclude that 'Procedural justice' aligns with the emphasis placed on the therapeutic relationship in mental health nursing and is an important consideration for nurses during the clinical application of civil commitment
Call Number NRSNZNO @ research @ Serial 1051
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Author McKenna, B.; O'Brien, A.J.; Dal Din, A.; Them, K.
Title Responsible clinician role offers opportunities for nurses Type Journal Article
Year 2006 Publication Kai Tiaki: Nursing New Zealand Abbreviated Journal
Volume 12 Issue (up) 11 Pages 12-14
Keywords Psychiatric Nursing; Advanced nursing practice; Law and legislation; Mental health
Abstract The authors report on a recent study investigating the statutory role of responsible clinician. Statutory roles under mental health legislation offer mental health nurses a means of having advanced practice skills recognised, as well as contributing to improved access to services. There is a proliferation of roles intended to develop nursing readership, but in most cases they are not primarily clinical roles. The concept of “advanced practice” has become a means of developing clinical leadership roles in nursing. Research on responsible clinician role is presented along with the results of a survey of the 11 Registered Nurses practicing as responsible clinicians, five senior nurses from each of the 21 district health boards, and the Auckland Regional Forensic Psychiatry Services (n = 121). Respondents were asked whether the responsible clinician role was a legitimate one for nurses and whether they were motivated to attain or maintain that role. They were also asked which competencies for the role they believed they met, their perceptions of credentialing processes and the educational requirements needed to achieve the role. A clear majority of the respondents felt the role of the responsible clinician was a legitimate advanced practice role for mental health nurses. Despite this, some respondents expressed ambivalence about taking on the role. The research highlighted deficits in knowledge and skills that could become a focus of education for advanced practitioners seeking appointment as responsible clinicians. Deficits included some assessment skills, knowledge of a range of interventions and knowledge of other legislation affecting mental health legislation.
Call Number NRSNZNO @ research @ Serial 992
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Author Farrow, T.; McKenna, B.; O'Brien, A.J.
Title Initiating committal proceedings 'just in case' with voluntary patients: A critique of nursing practice Type Journal Article
Year 2002 Publication Nursing Praxis in New Zealand Abbreviated Journal
Volume 18 Issue (up) 2 Pages 15-23
Keywords Patient rights; Law and legislation; Mental health; Nurse-patient relations
Abstract The authors report a clinical audit that, combined with anecdotal evidence, verifies the practice of putting section 8B medical certificates on the files of voluntary mental health patients at the time of admission. This is seen as a strategy to balance the requirement to support and promote the autonomy of voluntary patients with the need to protect those patients or other people. A conceptual analysis of these issues indicates that such a practice is both legally questionable and ethically inappropriate. The authors suggest an alternative framework for practice that is legally and ethically preferable for both nurses and patients.
Call Number NRSNZNO @ research @ Serial 618
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Author McKenna, B.; O'Brien, A.J.; Dal Din, T.; Thom, K.
Title Registered nurses as responsible clinicians under the New Zealand Mental Health (Compulsory Assessment and Treatment) Act 1992 Type Journal Article
Year 2006 Publication International Journal of Mental Health Nursing Abbreviated Journal
Volume 15 Issue (up) 2 Pages 128-134
Keywords Advanced nursing practice; Psychiatric Nursing; Law and legislation
Abstract The objectives of this research were to determine how many registered nurses are working as 'responsible clinicians', under what phases of the legislation they are functioning, and to describe the enabling processes and barriers to nurses undertaking this statutory role. An anonymous descriptive survey was distributed to the 11 nurses who were currently responsible clinicians as well as five senior nurses selected from each of the 21 district health boards and the Auckland Regional Forensic Psychiatry Services (n=121). The response rate was 88.4% (n=107). The survey questioned respondents on statutory roles currently undertaken. Respondents were asked whether the responsible clinician role was a legitimate one for nurses and whether they were motivated to attain it. They were also asked which competencies of the role they believed they met, their perceptions of credentialing processes and the educational requirements needed to achieve the role. Of the approximately 395 responsible clinicians nationally, 11 (2.8%) are nurses. Most nurses viewed the role as legitimate. However, many were unaware of competencies for the role and credentialing processes, and were somewhat ambivalent about achieving the role due to current workload, role conflict and lack of remuneration. Competency deficits were highlighted. The authors conclude that there are grounds to encourage nurses as responsible clinicians given the intent of the legislation. This will require the promulgation of appropriate mental health policy, and a concerted effort by major stakeholders in mental health service delivery.
Call Number NRSNZNO @ research @ Serial 1044
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Author Muir-Cochrane, E.; Holmes, C.; Walton, J.A.
Title Law and policy in relation to the use of seclusion in psychiatric hospitals in Australia and New Zealand Type Journal Article
Year 2002 Publication Contemporary Nurse Abbreviated Journal
Volume 13 Issue (up) 2/3 Pages 136-145
Keywords Psychiatric Nursing; Law and legislation; Policy; Patient rights; Cross-cultural comparison
Abstract This paper discusses legal issues associated with the seclusion of acutely disturbed patients in psychiatric hospitals in Australia and New Zealand. There continues to be great variation in opinion and operational definition as to whether seclusion is a medical treatment, nursing intervention and management tool, or merely a form of situational restraint. Reflecting this lack of clarity, mental health acts and policies concerning the regulation and practice of seclusion lack consistency and focus across geographical boundaries and jurisdictions. Australian and New Zealand legislation and institutional policy is discussed in order to shed light on the contemporary issues highlighted by this controversial nursing practice. The authors note that mental health professionals must continue to review the practice of seclusion and to actively promote the use of acceptable alternatives. In addition nurses and other mental health professionals have a responsibility to understand current legislation and policy frameworks and to influence change where this is necessary to ensure the best practice possible in their clinical area.
Call Number NRSNZNO @ research @ Serial 1074
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Author Farrow, T.; McKenna, B.; O'Brien, A.J.
Title Advanced 'prescribing' of nurses' emergency holding powers under New Zealand mental health legislation Type Journal Article
Year 2002 Publication International Journal of Mental Health Nursing Abbreviated Journal
Volume 11 Issue (up) 3 Pages 164-169
Keywords Mental health; Law and legislation; Psychiatric Nursing; Scope of practice
Abstract A new approach to mental health legislation has seen the involvement of a range of health professionals in legislated mental health roles, including the power of registered nurses to detain patients in hospital under Section 111 of the New Zealand Mental Health (Compulsory Assessment and Treatment) Act (1992). Under this Section, a nurse who believes that a voluntary patient meets the legal criteria of the Act can independently detain the patient for a period of up to six hours, pending further assessment by a medical practitioner. However, anecdotal evidence and a clinical audit undertaken by the authors suggest some doctors 'prescribe' Section 111 at the time of admission. This practice instructs nurses to initiate Section 111 if particular voluntary patients choose to leave hospital. This study outlines practice issues resulting from 'prescribing' Section 111; provides a legal critique of medical practitioners' involvement in this practice; and makes recommendations for guidelines toward a more constructive use of Section 111.
Call Number NRSNZNO @ research @ Serial 651
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Author Harding, T.S.
Title Male nurses: The struggle for acceptance Type Journal Article
Year 2004 Publication Kai Tiaki: Nursing New Zealand Abbreviated Journal
Volume 9 Issue (up) 4 Pages 17-19
Keywords Sex discrimination; Male nurses; History of nursing; Law and legislation
Abstract This article describes the role of men in the nursing profession in New Zealand from colonial times to the 1970s. It considers attitudes towards male nurses, the provision of training for men and the various laws and regulations dealing with the issue.
Call Number NRSNZNO @ research @ Serial 999
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Author Koorey, R.
Title Documentation of the surgical count Type Journal Article
Year 2007 Publication Dissector Abbreviated Journal
Volume 34 Issue (up) 4 Pages 23-6,28,30
Keywords Law and legislation; Patient safety; Surgery; Nursing specialties
Abstract The author examines the current practices around the surgical counts of sponges, sharps and instruments, which is an integral component of safe perioperative nursing practice. Current practice, legislative requirements are reviewed, and the guidelines from the Perioperative Nurses College of New Zealand are reproduced. Case studies of errors in counts are used to illustrate the legal standards of practice.
Call Number NRSNZNO @ research @ 1048 Serial 1032
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Author Wareham, P.; McCallin, A.; Diesfeld, K.
Title Advance directives: The New Zealand context Type Journal Article
Year 2005 Publication Nursing Ethics Abbreviated Journal
Volume 12 Issue (up) 4 Pages 349-359
Keywords Law and legislation; Patient rights; Nursing; Ethics
Abstract Advance directives convey consumers' wishes about accepting or refusing future treatment if they become incompetent. There are associated ethical issues for health practitioners and this article considers the features that are relevant to nurses. In New Zealand, consumers have a legal right to use an advance directive that is not limited to life-prolonging care and includes general health procedures. Concerns may arise regarding a consumer's competence and the document's validity. Nurses need to understand their legal and professional obligations to comply with an advance directive. What role does a nurse play and what questions arise for a nurse when advance directives are discussed with consumers? This article considers the cultural dimensions, legal boundaries, consumers' and providers' perspectives, and the medical and nursing positions in New Zealand.
Call Number NRSNZNO @ research @ 1069 Serial 1054
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Author Carryer, J.B.; Boyd, M.
Title The myth of medical liability for nursing practice Type Journal Article
Year 2003 Publication Nursing Praxis in New Zealand Abbreviated Journal
Volume 19 Issue (up) 4-12 Pages 4-12
Keywords Interprofessional relations; Law and legislation; Nurse practitioners; Advanced nursing practice
Abstract This article explores the complex nature of liability in the case of standing orders and vicarious liability by employers, and also when nurses and doctors are in management roles. The authors address misconceptions about medico-legal responsibility for nursing practice with the advent of nurse prescribers and nurse practitioners. They refer to the submission made by the College of Nurses Aotearoa (NZ) on the Health Practitioners Competence Assurance Act (2003), and discuss practice liability and nurse-physician collaboration.
Call Number NRSNZNO @ research @ 624 Serial 610
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Author McKenna, B.; Poole, S.
Title Debating forensic mental health nursing [corrected] Type Miscellaneous
Year 2001 Publication Kai Tiaki: Nursing New Zealand Abbreviated Journal
Volume 7 Issue (up) 6 Pages 18-20
Keywords Psychiatric Nursing; Law and legislation; Cross-cultural comparison; History of nursing
Abstract Forensic mental health nursing roles have developed along different lines in the United States and the United Kingdom. The authors suggest that New Zealand nurses consider the evolution of such roles here.
Call Number NRSNZNO @ research @ 1043 Serial 1027
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