Hlth7001 Professional Practice And Legislation A2 V33 2021 Page 1 Of ✓ Solved

HLTH7001 Professional Practice and Legislation A2 V3.3 2021 Page 1 of 9 Diploma in Community Health Care and Support Level 7 Course Code & Title: HLTH 7001: Professional Practice and Legislation Credits/Level 15/7 Assessment 2: Case Study Assignment Version: 3.3 Term & Cohort: Term 1 Due Date: Overall Weighting: 40% Word Count: 2000 +/- 10% words Total marks available 100 Tutor: Purpose: To facilitate the development of critical inquiry skills to engage students in the analysis of Public Health Care. Graduate Profile Outcomes (GPO`S) GOP1: Apply knowledge relevant to health issues to assist in the enhancement of the health of the individuals and whanau/families, organisations and communities.

GPO4: Analyse concepts of health caregivers’ role including: Legislation, Te Tiriti o Waitangi/ The Treaty of Waitangi, and health ethics. HLTH7001 Professional Practice and Legislation A2 V3.3 2021 Page 2 of 9 Learning Outcomes LO1: Articulate the essence of Public Health Legislation and services and explain the importance of ethical practice in healthcare. LO4: Relate health legislation to health in the context of Aotearoa New Zealand. To pass the assessment, you must meet all the stated learning outcomes (LOs) and must achieve 50% marks in tasks addressing the LOs. Assessment 2: Read the case study carefully.

Analyse Health Legislations and Ethical practices in the context of Case Study. Case Study Case Study 1 John has attended the Genito-urinary clinic at his local district health board hospital. John is seen by Dr Smith who informs him that he is HIV positive. Dr Smith counsels John to contact his sexual partners to inform them of his status. John starts a course of treatment.

For the last 18 months John has been in a relationship with Tracey. They are expecting a baby in 2 months’ time. Before this relationship John had a series of sexual partners. On a subsequent visit to the clinic it becomes clear to Dr Smith that John has not told Tracey of his HIV status. Dr Smith is aware of the impending arrival of their baby and tells John that steps should be taken to assess whether Tracy is HIV positive and whether the baby is at risk so that if necessary, treatment may be started.

John adamantly refuses to tell Tracey and says that if she is told without his consent, he will stop his course of treatment. Case Study 2 You are working as a Health Care Assistant in New Zealand Residential Care. Mrs Jackson, one of the residents’ that you and your colleague are caring for that day, is experiencing quite a few health care challenges, to a point that her daughter is called in to help calm her down. That evening, you are on Facebook at home after work and your colleague posts on her “wall†about her day at work and in particular mentions some information about a “patient’s†condition. Your colleague does not mention Mrs Jackson’s name, but all her friends know where she works, and you know who she is referring to.

HLTH7001 Professional Practice and Legislation A2 V3.3 2021 Page 3 of 9 Before you can report this to the Facility Manager the next day, Mrs Jackson’s daughter confronts you, because one of her friends, are friends with your colleague. She mentions that exactly what has been written by your colleague, has happened to her Mom. She is angry and threatens to sue the institution as well as you and you colleague, because you were also looking after her Mom. You feel somewhat intimidated and refer her to the Facility Manager immediately. Questions Case study 1: Public Health Legislation and ethical principles (LO1, marks and approximately 1000 words) a) Explain two legal issues that are applicable in this case study.

Provide the reference of relevant healthcare legislation and polices. b) What ethical issues can you identify in this case study. Discuss any 2 issues in detail. c) Analyse the ethical principles that are applicable to this case study and support them with relevant examples and your experiences. Case study 2: Health Legislation in context of Aotearoa/New Zealand (LO1, marks and approximately 1000 words) a) Critically analyse which parts of Health Legislation of New Zealand/Aotearoa are relevant to case study 2? b) What recommendations would you make to the Health Care Assistant to avoid this situation in future. c) Evaluate in context of Aotearoa/ New Zealand, if your mentioned Health legislation are helpful and enough to improve health of people and communities.

Provide justifications and appropriate legal and ethical references in the context of New Zealand/Aotearoa Health Care setting. Language standard: (5 marks) References: (5 marks) HLTH7001 Professional Practice and Legislation A2 V3.3 2021 Page 4 of 9 Marking Criteria HLTH7001: Professional Practice and Legislation Assessment 2: Case Study Student Name: Student ID: Total Mark: /100 Weighting: 40% Date: Criteria Ma rks Case Study 1: Public Health Legislation and ethical principles (LO1,4) a Explanatio n of legal issues that are applicable in given case study. Clear and in-depth explanation of two legal issues that are applicable in the case study. Clear explanation of one legal issue that is applicable in the case study.

Or explanation of two legal issues but need clarity and detail. General explanation of one legal issue that is applicable in the case study. Attempts to explain the legal issues that are applicable in the case study are insufficient and/or not relevant Limited or no attempt to explain the legal issues that are applicable in the case study /15 b Discussion of ethical issues identified in this case study. 2 ethical issues are identified and discussed clearly and in depth. 1 ethical issue is identified and discussed clearly.

Or 2 ethical issues are identified and discussed but need clarity and detail. 1 ethical issue is identified and discussed in general. Attempts to identify ethical issues are not clear and/or not relevant. Limited or no attempt to identify ethical issues. /15 c Analysis of the ethical principle s that are applicab Robust, in-depth analysis of the ethical principle Logical analysis of the ethical principle s that are General analysis of the ethical principles that are applicable Attempts to analyse the ethical principles that are applicable Limited or no attempt to analyse the ethical principles that are HLTH7001 Professional Practice and Legislation A2 V3.3 2021 Page 5 of 9 le to this case study and support them with relevant example s and your experien ces. s that are applicab le to given case study with 2 relevant supporti ng example s. . applicab le to given case study with 2 relevant supporti ng example s but need more clarity and detail. to given case study with just one supporting example. to given case study are not clear or relevant.

No supporting example provided. applicable to given case study. /15 Case Study 2: Health Legislation in context of Aotearoa/New Zealand (LO1,4) a Critically analysis of Health Legislation of New Zealand/Ao tearoa are relevant to issues discussed in case study 2. Significant relevant Health Legislation s of New Zealand/Ao tearoa are clearly and critically analysed in depth. Relevant Health Legislation s of New Zealand/Ao tearoa are analysed but need more clarity and detail. Relevant Health Legislation s of New Zealand/Ao tearoa are generally and briefly analysed. Attempts to analyse the relevant Health Legislation s of New Zealand/A otearoa are not clear and/or not relevant or not adequate.

Limited or no attempt made to analyse the relevant Health Legislation s of New Zealand/Ao tearoa. /15 b Recommen dations to the Health Care Assistant (HCA) in context of New Zealand Health Care Setting in reference to ethical/lega l aspects. Recommen dations to the Health Care Assistant (HCA) in context of New Zealand Health Care Setting in reference to ethical/lega l aspects are relevant Recommen dations to the Health Care Assistant (HCA) in context of New Zealand Health Care Setting in reference to ethical/lega l aspects are relevant with some Recommen dations to the Health Care Assistant (HCA) in context of New Zealand Health Care Setting in reference to ethical/lega l aspects are relevant with Attempts to make recommen dations to the Health Care Assistant (HCA) in context of New Zealand Health Care Setting in reference to Limited or no attempt to make recommend ations to the Health Care Assistant (HCA) in context of New Zealand Health Care Setting in reference to HLTH7001 Professional Practice and Legislation A2 V3.3 2021 Page 6 of 9 and clearly justified justification . limited or brief justification ethical/lega l aspects are irrelevant or inadequate or confused. ethical/lega l aspects. /15 c Evaluation of Health legislation in context of Aotearoa/ New Zealand, to improve health of people and communitie s Clear, and comprehen sive evaluation of Health legislation in context of Aotearoa/ New Zealand, to improve health of people and communitie s Clear but brief evaluation of Health legislation in context of Aotearoa/ New Zealand, to improve health of people and communitie s General evaluation of Health legislation in context of Aotearoa/ New Zealand, to improve health of people and communitie s Attempts for evaluation of Health legislation in context of Aotearoa/ New Zealand, to improve health of people and communiti es are inaccurate and/or not relevant.

Limited or no attempt to evaluate Health legislation in context of Aotearoa/ New Zealand, to improve health of people and communitie s. /15 Referencin g Standards APA (7th) referencing and in text citation are consistently accurate. . APA(7th) referencing and in text citation is mainly accurate. A couple errors for quotes, in- text citations & reference formatting noted. APA(7th) referencing and in text citation is followed but several errors for quotes, in- text citations & reference formatting noted. Referencin g and in text citation contain multiple fundament al errors that do not accurately acknowled ge the literature.

No attempt made to reference /5 Language Standards Fluent language and writing Language and writing style are Meaning apparent but Level of language and writing The meaning is not HLTH7001 Professional Practice and Legislation A2 V3.3 2021 Page 7 of 9 style appropriate to the assignment with accurate grammar and spelling. Thoughts and ideas are expressed in a coherent and logical manner. mainly fluent. Grammar and spelling mainly accurate. Thoughts and ideas are expressed in a coherent manner. There are no more than five spelling, grammar, or syntax errors. language and writing not always fluent.

Meaning apparent but language and writing not always fluent. Thoughts and ideas are expressed in a manner that need better coherence. There are more than five spelling, grammar, or syntax errors. is unclear and/or disorganize d. Thoughts are not expressed in a logical and coherent manner. There are frequent grammar and/or spelling mistakes making the meaning unclear. apparent because of the low level of language and serious grammar and/or spelling mistakes. /5 Total /100 Please note, there won’t be any provision of 0.5 marks.

This means the tasks with total marks of 5,15 or 25, you need to get 3,8 and 13 marks respectively to achieve the LO. Assessor name: Date: HLTH7001 Professional Practice and Legislation A2 V3.3 2021 Page 8 of 9 Diploma in Community Health Care and Support Level 7 Cover Sheet and Student Declaration This sheet must be signed by the student and attached to the submitted assessment. Course Title: Click or tap here to enter text. Course code: HLTH Student Name: Student ID: Assessment No & Type: Click or tap here to enter text. Cohort: DCCS Due Date: Date Submitted: Tutor’s Name: Assessment Weighting Total Marks 100 Student Declaration: I declare that: • This is an original assessment and is entirely my own work. • Where I have quoted or made use of the ideas of other writers, I have acknowledged the source. • This assessment has been prepared exclusively for this course and has not been or will not be submitted as assessed work in any other course. • I have read the New Zealand School of Education Ltd policies and regulations on assessments and understand what plagiarism is. • I am aware of the penalties for cheating and plagiarism as laid down by the New Zealand School of Education Ltd. • It has been explained to me that this assessment may be used by NZSE Ltd, for internal and/or external moderation. • If I am late in handing in this assessment without prior approval (see student regulations in handbook), marks will be deducted, to a maximum of 50%. Student signature: Date: Tutor only to complete Assessment result: Mark /100 Grade HLTH7001 Professional Practice and Legislation A2 V3.3 2021 Page 9 of 9

Paper for above instructions

Introduction

This paper explores two case studies with complexities surrounding public health legislation and ethical practices in New Zealand's healthcare system. The case studies present challenges that highlight the intersection of patients’ rights, ethical considerations dating back to the Treaty of Waitangi (Te Tiriti o Waitangi), and the legal framework governing healthcare practices. In doing so, this paper aims to elucidate the legal and ethical dimensions of healthcare that practitioners must navigate.

Case Study 1: Public Health Legislation and Ethical Principles

Legal Issues

In the first case study, John, diagnosed as HIV positive, faces a dilemma about disclosing his status to his partner Tracey and the potential risks to their unborn child. Two pertinent legal issues arise: a duty to warn and privacy rights.
1. Duty to Warn: Under New Zealand's Health Act 1956, healthcare professionals are legally obligated to take all reasonable steps to inform anyone at risk of harm (Health and Disability Commissioner, 2015). Dr. Smith, recognizing the potential risk of transmission to Tracey and the child, may have grounds to disclose John's HIV status if he refuses to inform them himself (Department of Health, 2016).
2. Privacy Rights: Privacy laws under the Privacy Act 2020 emphasize the confidentiality of individual health information. John's right to privacy is a critical consideration—disclosing his HIV status without consent could lead to legal ramifications for Dr. Smith and the healthcare facility. However, ethical considerations around protecting Tracey and the unborn child complicate this legal privilege.

Ethical Issues

The ethical issues inherent in this situation are profound:
1. Autonomy vs. Beneficence: John's right to make personal decisions about his health and his relationship (autonomy) conflicts with the healthcare provider's responsibilities to protect Tracey and their child (beneficence). Respecting John's autonomy can lead to harmful consequences for others.
2. Informed Consent: Informed consent is crucial in health care, and it seems violated if Tracey is left uninformed of potential risks. In this case, John’s refusal to disclose his HIV status could be seen as undermining the principle of informed consent that Tracey deserves concerning her health and that of her baby (Beauchamp & Childress, 2013).

Ethical Principles

The key ethical principles applicable to this case study include:
1. Principle of Autonomy: Respecting an individual's right to make decisions about their life is foundational; however, autonomy must be balanced against the welfare of others involved (Beauchamp & Childress, 2013).
2. Principle of Non-maleficence: This principle proposes that healthcare providers must avoid causing harm. Dr. Smith’s revelation of potential risks could be interpreted as an attempt to prevent harm to Tracey and the unborn baby, aligning with the ethical obligation to do no harm (Gillon, 1994).
In practice, health practitioners may face disputes between ethical principles, emphasizing the need for robust ethical guidelines and legislative frameworks.

Case Study 2: Health Legislation in Context of Aotearoa/New Zealand

In Case Study 2, a healthcare assistant's breach of confidentiality regarding Mrs. Jackson, a resident in a care facility, raises significant legal and ethical concerns.

Relevant Health Legislation

1. Health Information Privacy Code 1994: This code is crucial in evaluating the legal ramifications of the healthcare assistant sharing details about a patient—even without explicitly mentioning their name. Patients’ rights to confidentiality and privacy are enshrined in this legislation (Office of the Privacy Commissioner, 2015).
2. Health and Disability Services Consumers’ Rights Act 1996: This act specifies consumers' rights to confidentiality regarding their health status, highlighting the responsibilities of health professionals to maintain the privacy and dignity of their clients (Health and Disability Commissioner, 2015). The healthcare assistant's colleague's post could constitute a breach of these rights, placing both individuals potentially at risk of claims for compensation.

Recommendations

To mitigate future issues, the healthcare assistant should:
1. Reinforce Training on Confidentiality: Regular training workshops focusing on maintaining patient confidentiality and adhering strictly to the Health Information Privacy Code would reinforce awareness and understanding of legal obligations.
2. Implement Social Media Policies: Policies should be established that outline appropriate conduct regarding social media usage, specifically regarding discussing work-related matters and patients' health information.

Evaluation of Health Legislation

The effectiveness of health legislation in improving health outcomes for individuals and communities in New Zealand has been recognized, yet it requires constant evaluation and refinement (Ministry of Health, 2020).
Legal frameworks, including the Privacy Act and the Health Information Privacy Code, provide essential protections and standards to enhance privacy and confidentiality in healthcare contexts, leading to greater patient trust and improved health outcomes. Continuous education in ethical practices, particularly in differing scenarios, will empower healthcare workers in maintaining the commitment to their patients’ rights as well as supporting community health goals.

Conclusion

In both case studies, the legal and ethical complexities of public health legislation in New Zealand highlight the balance that healthcare professionals must navigate between individual patient rights and broader ethical duties to protect the welfare of others. Clarifying the jurisdictions of the Health and Disability Services Consumers’ Rights Act and privacy regulations is pivotal in upholding both ethical standards and legal requirements in healthcare. Furthermore, ongoing education and training in ethical dilemmas and confidentiality can significantly enhance the professionalism and integrity of healthcare practices.

References

1. Beauchamp, T. L., & Childress, J. F. (2013). Principles of Biomedical Ethics. Oxford University Press.
2. Department of Health. (2016). Public Health Legislation. Retrieved from https://www.health.govt.nz
3. Gillon, R. (1994). Medical ethics: Four principles plus attention to scope. BMJ, 309(6948), 184-188.
4. Health and Disability Commissioner. (2015). A Guide to the Health and Disability Services Consumers' Rights. Retrieved from https://www.hdc.org.nz
5. Ministry of Health. (2020). Health System Review - Final Report. Retrieved from https://www.health.govt.nz
6. Office of the Privacy Commissioner. (2015). Health Information Privacy Code 1994. Retrieved from https://www.privacy.org.nz
7. Privacy Act. (2020). Retrieved from https://www.legislation.govt.nz
8. The Human Rights Commission. (2016). The Right to Privacy. Retrieved from https://www.hrc.co.nz
9. Te Tiriti o Waitangi. (1840). Retrieved from https://www.tepapa.govt.nz
10. World Health Organization. (2019). Health and Human Rights. Retrieved from https://www.who.int/hhr
This analysis highlights the ongoing need for healthcare professionals to engage with both legal and ethical frameworks to deliver safe, compassionate, and legally compliant care.