Discuss about the Fellow Nurse Is Practicing Misconduct.
A nurse is a medical practitioner who visits patient each and every time more than any other person. He or she is in position to check and monitor the illness of the patients for all the period in the hospital till the time of discharge (Carney, 2016). In many cases, nurses in Australia have been found guilty of misconduct. Nurse practice needs lots of care and due diligence on the client. Nurse misconduct varies on the nature of the act. Some misconduct arises due to unavoidable circumstances or even unawareness. Contrarily, some misconducts are done deliberately with a goal of achieving something (Yildiz et al., 2014). For instance, some nurses may conceal drugs in the aim of selling them and give the patient under dose.
Depending on the act, the NCSBN, National Council of midwives and nurses have the authority to revisit the matter and award the judgment accordingly. In place of practice, a nurse is held responsible for the threatening actions done to patients and public interest under his or her watch (Cashin et al, .2016). The paper will analyze a case where a nurse finds that the fellow nurse is practicing misconduct. It will outline the immediate actions, regulations on the matter and the ethical and legal implications of the matter.
A nurse pointing out that they are practicing patient care and yet they are not doing it is a breach of the code of conduct. It implies that the nurse went against the set rules and regulations which are set by National Council of State Boards of Nursing (NCSBN) and as a fellow nurse, I have an immediate role to play to prevent them from further breach of the law (Parahoo, 2014). First and for most, I will remind them of the set regulations that guide the nurse practices so that they might not be guilty about my move.
Secondly, I will inform them to refrain from the act to avoid consequences from NCSBN, clients through court and any other interested body. Being a criminal act, I believe if they do not adhere to my advice, I will not condone their practices. I will take the proactive measure of informing relevant authorities of their acts so that life of patients cannot be put at risk anymore (Tobiano et al., 2017). It is interesting to note that nursing calls for services to people and there are no any shortcut to achieve the ultimate goal of saving lives of patients. According to the law on nurses’ practice, it is illegal to witness a colleague practicing misconduct without any relevant action. It, therefore, means that I would be held responsible if the actions of my colleague continue to pose risks to the public.
There are many regulations in Australia which guide the practice of registered nurse. The role of a nurse is to make sure that the standard of their practice is in line with the standards set by the profession with an aim of assisting people to be safe (Chang & Daly, 2015). However, the key role of the nurses is to offer competent and safe nurse care. It is, therefore, crucial to note that the registered nurses who found to compromise professional standards should be made known to appropriate people.
The code of conduct of Australian registered nurses further indicate that nurses who are found witnessing unlawful practices of their colleague and even of coworkers in management, clinical or even research areas of practice possess an obligation and responsibility to report such conduct to a relevant authority for an action to be taken to safeguard the lives of individuals and also the interest of the public (McKenna et al., 2015).
The regulation also permits the nurse to report the matter to an external authority if the hospital or employers do not produce a proper response to the matter. Nurses also are entitled to respect the values, dignity, beliefs, and culture of individuals who receive their services and even their colleagues. It is therefore important for nurses to offer effective nursing care as well as upholding standards of competent and culturally informed care (Parahoo, 2014). They should then acknowledge the nature of families and other people and through their understanding, they should offer appropriate care. It is also significant to highlight that registered nurses are responsible for promoting and protecting the interests of the patients. By doing so, they ensure that action is done to make sure quality and safety of their services are not ruin or compromised. However, nurses should refrain from any form of prejudice and discriminatory behaviors and attitudes to their clients.
Nurses should adhere to the provision of care without any favor. On the other hand, nurses should consider providing pros and cons of alternative care products to their clients for them to develop informed choices (Parahoo, 2014). This is to mean that nurses should avoid exploitation, provision of improper information and even misrepresentation in regards to the provision of health care and nurse care. This is to imply that they should precisely represent the care which they want to give people rather than going contrary to the set regulations.
Furthermore, nurses should ensure that they develop trust in patients under care that their emotional, physical, social, psychological and cultural well-being be protected at the time of receiving care (Parahoo, 2014). They are also responsible for recognizing vulnerable persons such as people with disabilities, children and even people with mental illness and ensure that they protect them from sexual exploitation.
Nurses in Australia also have a role in ensuring a professional boundary with the people being cared. It is one of the approaches to ensuring that the rights of patients remain confidential and also their safety is monitored in accordance with the law (Schneider & Whitehead 2013). The unethical practices and breach of conduct among nurses in the professional lives is a risky act which can affect their profession and general reputation in the general public. It calls for nurses to adhere to their roles as prescribed to avoid the public from losing trust from them. It will ensure therapeutic relationships and also the effective delivery of their care services.
The practice of nurses is based on ethics and reflectivity in accordance with the code of ethics for Australia nurses. They develop and ensure appropriate nursing care, nursing advice and assistance for each and every individual needing care (Parahoo, 2014). They examine their conduct and competency as set in the standards of the nursing profession.
Generally, disciplinary actions, law suits, and internal inquiries are some of the issues which are stressful to nurses who are concerned, more so the publicity which accompanies them. In some situations, these circumstances cannot be prevented and it needs that such stress should be proportionate to the moral culpability of the deeds done by the very nurse. The only way in which all these can be addressed is via the legal actions which can come in different ways (Parahoo, 2014). According to the nurses and midwives tribunal in Australia, they inquire and determines the issues which are brought to them. It has a number of options for such issues. It may caution or even reprimand the concerned nurse. Furthermore, it may come up with conditions on the nurse and in some extreme cases, it may impose suspension and even removal from practice. In addition, the actions done by the nurse to their clients which are contrary to the law will lead to unethical implications to the patient (Scanlon et al., 2016). It implies that any form of injury, torture, psychological stress and even death can arise. The public will be at risk and legal action should be taken against the institution and the concerned nurse.
The nurses are liable for any mistake they make when they are doing practices. First and for most, if any nurse fails to follow instructions prior doing any form of care, they risk their license being revoked (Kleinpell et al., 2014). This is to mean that he or she will not be in a position to transact any nurse practices and he or she will lose the job. In some organizations in Australian, the NCSBN has the right to suspend or revoke the license of the nurse if such nurse presents a great danger to the safety of general public.
The practices by nurses are always under watch by the public. If patients feel that they are not being served well in that particular hospital by nurses, it will raise lots of questions on how that particular hospital operates. It will mean that other clients can get information and fails to attend the same hospital. The hospital will lose clients and probably will lead to closure.
However, if the matter of misconduct among the nurse in the certain hospital is noted, the NCSBN will definitely arraign the management of the hospital in court to respond on the matter. The court decisions can result in the closure of the very hospital or revocation of their license of practice (Johnstone, 2015). The hospital will not in a position to offer it services to the public.
In addition, the patients care in each and every hospital are very crucial. As a matter of fact, the hospital is liable for anything which might happen to the patient if neglected (Royals et al., 2016). If a nurse is very negligent, does not care the patients in accordance with the regulations, patients can contact other secondary diseases, they can get injuries and even they can die (Edmonds et al., 2016). However, on the matter of negligence, patients’ health can deteriorate and with watchful eyes of their families, they may file the matter in court and the nurse is judged accordingly. These are offenses which the hospital and the concerned nurse will be liable and they will face consequences as prescribed by the law (Yildiz et al., 2014). An organization is blamed for the failure of some of its personnel to take a relevant action when the personal physician of the patient is not willing or even is unable to cope with the condition which risks the life or the life of a patient. Failure to observe the changes in the condition of the patient is a big liability of the organization.
Any working nurse should perform their duties fully aware that the hospital does not insure them on mistakes they made. For this particular nurse who breaches the code of conduct, they have to pay for the charges subjected to them by NCSBN when found guilty. The nurse practice is granted by the licensing board and the board of the state can report the license discipline to some of the offices such as insurance council of Australia (ICA) (Blair et al., 2017). The very office can further act by placing the nurse on the excluded provider list. It implies that the very nurse will not be in a position to work in any organization which usually receives the ICA money.
Similarly, the state can further exclude the nurse from any form of employment which is funded by ICA services. These particular actions can render the nurse disqualified and unemployable in any other state (Atkins et al., 2017). However, the nurse can also be blacklisted from obtaining any other license in other professions. Personally, the law points out that as a nurse, I should report any acts by other nurses which threaten the safety of the patients as well as general public. It means that I would be punished and this could come in different ways. My license can be revoked or I might be penalized for gross misconduct.
Conclusions
Breaching the code of conduct in nurse practice forms one of the crimes which have cost many nurses in Australia. The nurse practice is guided by the regulations installed by NCSBN thus each and every nurse is entitled to make decisions based on their knowledge. Given that the very nurse procured misconduct, the laws are very clear on the kinds of punishments need to be taken. As a nurse, it is advisable for each and every nurse to practice nursing under the guidance of the law and not under the personal interests. It will ensure that nursing profession is respected and trusted by the public and eventually people will benefit a lot.
References
Atkins, K., De Lacey, S., Britton, B., & Ripperger, R. (2017). Ethics and law for Australian nurses. Cambridge University Press.
Blair, W., Kable, A., Courtney?Pratt, H., & Doran, E. (2016). Mixed method integrative review exploring nurses’ recognition and response to unsafe practice. Journal of advanced nursing, 72(3), 488-500.
Carney, M. (2016). Regulation of advanced nurse practice: its existence and regulatory dimensions from an international perspective. Journal of nursing management, 24(1), 105-114.
Cashin, A., Stasa, H., Dunn, S. V., Pont, L., & Buckley, T. (2014). Nurse practitioner prescribing practice in Australia: Confidence in aspects of medication management. International journal of nursing practice, 20(1), 1-7.
Chang, E., & Daly, J. (2015). Transitions in Nursing-E-Book: Preparing for Professional Practice. Elsevier Health Sciences.
Daly, J., Speedy, S., & Jackson, D. (2017). Contexts of nursing: An introduction. Elsevier Health Sciences.
Edmonds, L., Cashin, A., & Heartfield, M. (2016). Comparison of Australian specialty nurse standards with registered nurse standards. International nursing review, 63(2), 162-179.
Johnstone, M. J. (2015). Bioethics: a nursing perspective. Elsevier Health Sciences.
Kleinpell, R., Scanlon, A., Hibbert, D., Ganz, F., East, L., Fraser, D., & Beauchesne, M. (2014). Addressing issues impacting advanced nursing practice worldwide. OJIN: Online J Issues Nurs, 19(2), 5.
McKenna, L., Halcomb, E., Lane, R., Zwar, N., & Russell, G. (2015). An investigation of barriers and enablers to advanced nursing roles in Australian general practice. Collegian, 22(2), 183-189.
Parahoo, K. (2014). Nursing research: principles, process and issues. Palgrave Macmillan.
Royals, K., Lawton, K., Kopsaftis, Z., Carson, K., & Smith, B. (2016). An Evaluation Of Outreach Respiratory Nursing Practice For The Management Of Copd Compared To Nursing Best Practice Guidelines: Observational Cohort Study Of Changes Over Time. Respirology, 21, 22.
Scanlon, A., Cashin, A., Bryce, J., Kelly, J. G., & Buckely, T. (2016). The complexities of defining nurse practitioner scope of practice in the Australian context. Collegian, 23(1), 129-142.
Schneider, Z., & Whitehead, D. (2013). Nursing and midwifery research: Methods and appraisal for evidence-based practice: Elsevier Australia.
Tobiano, G., Whitty, J. A., Bucknall, T., & Chaboyer, W. (2017). Nurses’ Perceived Barriers to Bedside Handover and Their Implication for Clinical Practice. Worldviews on Evidence?Based Nursing.
Yildiz, D., Dilek Konukbay Msc, R. N., Akbayrak, N., & Hatipoglu, S. (2014). Assessment of the malpractice tendencies of nurses working in an educational and research hospital. International Journal of Caring Sciences, 7(1), 294.
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