scholarly journals The compromise of conscience: Conscientious objection in healthcare

2021 ◽  
Author(s):  
◽  
Louise Newman

<p>This paper discusses a medical practitioner’s right to conscientiously object to providing a legally available healthcare service in New Zealand, on the grounds of their personal beliefs. Currently, the right to conscientiously object is enshrined in the Health Practitioners Competence Assurance Act 2003 and the Contraception, Sterilisation and Abortion Act. This paper argues the current legislative arrangement regulating a health practitioner’s right to conscientiously object under New Zealand law is vague, and risks cementing uncertainty, due to scope of the protection being unclear. In addition, the current protection risks patient safety, as it does not exclude the right to conscientiously object in medical emergencies, or when the efficacy of the treatment is time dependent. To remedy this unsatisfactory situation, it is recommended that the right to conscientiously object in healthcare be rendered impermissible in the aforementioned scenarios. It is further recommended that direct referral to a non-objecting colleague be mandatory in the event a practitioner wishes to exercise their right to conscientiously object. This is because access to healthcare may be compromised by a practitioner exercising the right to conscientiously object, with no corresponding direct referral requirement, a risk borne by patients.</p>

2021 ◽  
Author(s):  
◽  
Louise Newman

<p>This paper discusses a medical practitioner’s right to conscientiously object to providing a legally available healthcare service in New Zealand, on the grounds of their personal beliefs. Currently, the right to conscientiously object is enshrined in the Health Practitioners Competence Assurance Act 2003 and the Contraception, Sterilisation and Abortion Act. This paper argues the current legislative arrangement regulating a health practitioner’s right to conscientiously object under New Zealand law is vague, and risks cementing uncertainty, due to scope of the protection being unclear. In addition, the current protection risks patient safety, as it does not exclude the right to conscientiously object in medical emergencies, or when the efficacy of the treatment is time dependent. To remedy this unsatisfactory situation, it is recommended that the right to conscientiously object in healthcare be rendered impermissible in the aforementioned scenarios. It is further recommended that direct referral to a non-objecting colleague be mandatory in the event a practitioner wishes to exercise their right to conscientiously object. This is because access to healthcare may be compromised by a practitioner exercising the right to conscientiously object, with no corresponding direct referral requirement, a risk borne by patients.</p>


2021 ◽  
Vol 52 (2) ◽  
pp. 319-342
Author(s):  
Laura Hardcastle

Despite medical devices being integral to modern healthcare, New Zealand's regulation of them is decidedly limited, with repeated attempts at reform having been unsuccessful. With the Government now indicating that new therapeutic products legislation may be introduced before the end of the year, the article considers the case for change, including to promote patient safety, before analysing the draft Therapeutic Products Bill previously proposed by the Ministry of Health, and on which any new legislation is expected to be based. It concludes that, while the proposed Bill is a step in the right direction, introducing regulatory oversight where there is currently next to none, there is still significant work to be done. In particular, it identifies a need to clarify whether the regime is indeed to be principles-based and identifies further principles which might be considered for inclusion. It further proposes regulation of cosmetic products which operate similarly to medical devices to promote safety objectives, while finding a need for further analysis around the extent to which New Zealand approval processes should rely on overseas regulators. Finally, it argues that, in an area with such major repercussions for people's health, difficult decisions around how to develop a framework which balances safety with speed to market should not be left almost entirely to an as yet unknown regulator but, rather, more guidance from Parliament is needed.


2021 ◽  
Author(s):  
◽  
Amanda Torr

<p>This thesis sets out to develop a model of professional competence that takes into account the complexity associated with pharmacy practice. The resulting model conceptualises competence in a way that recognises it is a multi-leveled entity that develops and changes over a practitioner's practicing life. The model enables the characteristics that differentiate between levels of performance to be identified and explored. The thesis responds to the issues raised by the emerging emphasis on audit and competence assurance resulting from the introduction of The Health Practitioners Competence Assurance Act 2003 in New Zealand. It investigates the concept of professional competence as exhibited by experienced practising pharmacists, how it is defined, and how it evolves through ongoing practice. The research identifies behaviours that differentiate expert, competent and not-competent performance. As a result of the research undertaken, a new model of professional competence for pharmacists is proposed. This model uses complexity theory to move beyond traditional conceptions of competence, which are based on performance of roles and functions and focus on separate tasks and knowledge. Instead, it proposes that professional competence is a complex, separate entity in its own right, which is reflected in the roles and functions pharmacists perform. In the model, the ability to perform professional tasks competently is termed the domain of technical competence, but is only one component of professional competence. The other components are contained in four other domains of competence - cognitive, legal/ethical, organisational, and inter/intra-personal. Each of these domains is expressed in a continuum of behaviours, which at one end reflects the characteristics of the domain totally unconnected with the other domains. At the other end of the continuum the behaviour exhibited reflects the full integration of all the domains. "Competent" pharmacists are able to integrate the five domains of competence when performing their professional roles. Conceptualising professional competence in this way enables the importance of complex integrated behaviours of professional practice to be recognised without trying to break them into component parts. An example is the ability to draw apparently unconnected pieces of information together when deciding on appropriate actions for particular situations. "Not-competent" performance is characterised by a lack of ability to fully integrate the five domains of competence. This is often exhibited in a lack of ability to integrate one of the domains, for example, not applying legal or ethical judgments to decisions made or not communicating clearly in English. "Expert" performers on the other hand are able to integrate the skills and knowledge within each of the domains across a wider range of practice situations more consistently than competent performers. In doing so, experts are less reliant on standard professional and process knowledge, and instead use personal knowledge and experience to underpin their practice. This is reflected in their ability to act in more intuitive and creative ways. The model also provides a means of differentiating between "specialist" and "expert" performers. While experts are able to integrate the domains of competence more consistently and across a wider range of practice situations than competent performers, specialists demonstrate a greater ability in just one or two of the domains. This is most commonly exhibited by a specialist having a body of in-depth clinical knowledge within the cognitive and technical domains, or a specialist manager having a high level of proficiency in the organisational domain. In merging the domains together, the competent professional will perform professional tasks and functions and in doing so will exhibit patterns of behaviour appropriate to their situational context. Judgments of competence can be made based on such behaviours. Competence assurance is, therefore, viewed as situational, and evaluation methods are required that take this into account. The thesis proposes that the methods used for competence assurance of health professionals should take a complex view of professional competence, and focus on the integrated behaviours that differentiate performance. It also proposes that the integrated, complex model of professional competence can have profound impacts on curriculum development for initial pharmacist education and continuing professional development activities.</p>


2021 ◽  
Vol 52 (1) ◽  
pp. 319-342
Author(s):  
Laura Hardcastle

Despite medical devices being integral to modern healthcare, New Zealand's regulation of them is decidedly limited, with repeated attempts at reform having been unsuccessful. With the Government now indicating that new therapeutic products legislation may be introduced before the end of the year, the article considers the case for change, including to promote patient safety, before analysing the draft Therapeutic Products Bill previously proposed by the Ministry of Health, and on which any new legislation is expected to be based. It concludes that, while the proposed Bill is a step in the right direction, introducing regulatory oversight where there is currently next to none, there is still significant work to be done. In particular, it identifies a need to clarify whether the regime is indeed to be principles-based and identifies further principles which might be considered for inclusion. It further proposes regulation of cosmetic products which operate similarly to medical devices to promote safety objectives, while finding a need for further analysis around the extent to which New Zealand approval processes should rely on overseas regulators. Finally, it argues that, in an area with such major repercussions for people's health, difficult decisions around how to develop a framework which balances safety with speed to market should not be left almost entirely to an as yet unknown regulator but, rather, more guidance from Parliament is needed.


2021 ◽  
Author(s):  
◽  
Amanda Torr

<p>This thesis sets out to develop a model of professional competence that takes into account the complexity associated with pharmacy practice. The resulting model conceptualises competence in a way that recognises it is a multi-leveled entity that develops and changes over a practitioner's practicing life. The model enables the characteristics that differentiate between levels of performance to be identified and explored. The thesis responds to the issues raised by the emerging emphasis on audit and competence assurance resulting from the introduction of The Health Practitioners Competence Assurance Act 2003 in New Zealand. It investigates the concept of professional competence as exhibited by experienced practising pharmacists, how it is defined, and how it evolves through ongoing practice. The research identifies behaviours that differentiate expert, competent and not-competent performance. As a result of the research undertaken, a new model of professional competence for pharmacists is proposed. This model uses complexity theory to move beyond traditional conceptions of competence, which are based on performance of roles and functions and focus on separate tasks and knowledge. Instead, it proposes that professional competence is a complex, separate entity in its own right, which is reflected in the roles and functions pharmacists perform. In the model, the ability to perform professional tasks competently is termed the domain of technical competence, but is only one component of professional competence. The other components are contained in four other domains of competence - cognitive, legal/ethical, organisational, and inter/intra-personal. Each of these domains is expressed in a continuum of behaviours, which at one end reflects the characteristics of the domain totally unconnected with the other domains. At the other end of the continuum the behaviour exhibited reflects the full integration of all the domains. "Competent" pharmacists are able to integrate the five domains of competence when performing their professional roles. Conceptualising professional competence in this way enables the importance of complex integrated behaviours of professional practice to be recognised without trying to break them into component parts. An example is the ability to draw apparently unconnected pieces of information together when deciding on appropriate actions for particular situations. "Not-competent" performance is characterised by a lack of ability to fully integrate the five domains of competence. This is often exhibited in a lack of ability to integrate one of the domains, for example, not applying legal or ethical judgments to decisions made or not communicating clearly in English. "Expert" performers on the other hand are able to integrate the skills and knowledge within each of the domains across a wider range of practice situations more consistently than competent performers. In doing so, experts are less reliant on standard professional and process knowledge, and instead use personal knowledge and experience to underpin their practice. This is reflected in their ability to act in more intuitive and creative ways. The model also provides a means of differentiating between "specialist" and "expert" performers. While experts are able to integrate the domains of competence more consistently and across a wider range of practice situations than competent performers, specialists demonstrate a greater ability in just one or two of the domains. This is most commonly exhibited by a specialist having a body of in-depth clinical knowledge within the cognitive and technical domains, or a specialist manager having a high level of proficiency in the organisational domain. In merging the domains together, the competent professional will perform professional tasks and functions and in doing so will exhibit patterns of behaviour appropriate to their situational context. Judgments of competence can be made based on such behaviours. Competence assurance is, therefore, viewed as situational, and evaluation methods are required that take this into account. The thesis proposes that the methods used for competence assurance of health professionals should take a complex view of professional competence, and focus on the integrated behaviours that differentiate performance. It also proposes that the integrated, complex model of professional competence can have profound impacts on curriculum development for initial pharmacist education and continuing professional development activities.</p>


2016 ◽  
Vol 47 (4) ◽  
pp. 641
Author(s):  
Anita Miller

This article examines the discretionary notification of competence concerns by health practitioners, through the lens of patient safety. The discretion, provided for in the Health Practitioners Competence Assurance Act 2003, is discussed alongside ethical obligations, factors that may inhibit raising concerns about substandard practice, and the arguments for and against mandatory reporting of incompetent practice. It concludes that the absence of a statutory obligation to notify such concerns creates a risk that problems will go unreported and that patients may be exposed to harm. Comprehensive research into the source of notifications, and practitioners understanding of the threshold for raising concerns, is recommended. It is also suggested that legislative change to require mandatory reporting in certain circumstances may need to be reconsidered.   


SOEPRA ◽  
2020 ◽  
Vol 5 (2) ◽  
pp. 254
Author(s):  
Christina Nur Widayati ◽  
Endang Wahyati Yustina ◽  
Hadi Sulistyanto

Patient Safety was the right of a patient who was receiving health care. A nurse was one of the health professionals in a hospital having a very important role in realizing Patient Safety. In realizing Patient Safety Panti Rahayu Yakkum Hospital of Purwodadi had involved the role of the nurses. In carrying out their role the nurses could support the protection of the patient’s rights. The nurses performed health care by conducting six Patient Safety goals that were based on professional standards, service standards and codes of conduct so that the Patient Safety would be realized.This research applied a socio-legal approach to having analytical-descriptive specifications. The data used were primary and secondary those were gathered by field and literature studies. The field study was conducted by having interviews to, among others, the Director of Panti Rahayu Yakkum Hospital of Purwodadi, Head of Room and Chairman of Patient Safety Committee, nurses and patients. The data were then qualitatively analyzed.The arrangement of nurses’ role in implementing Patient Safety and the patient’s rights protection was based on the Constitution of the Republic of Indonesia of 1945, Health Act, Hospital Act, Labor Act, and Nursing Act. These bases made the hospital obliged to implement Patient Safety. The regulations leading the hospital to provide Patient Safety were Health Minister’s Regulation Nr. 11 of 2017 on Patient Safety, Statute of Panti Rahayu Yakkum Hospital of Purwodadi (Hospital ByLaws), Internal Nursing Staff ByLaws. In implementing Patient Safety Panti Rahayu Yakkum Hospital of Purwodadi had established a committee of Patient Safety team consisting of the nurses that would implement six targets of Patient Safety. Actually, the Patient Safety implementation had been accomplished but it had not been optimally done because of several factors, namely juridical, social and technical factors. The supporting factors in influencing the implementation were, among others, the establishment of the Patient Safety team that had been well socialized whereas the inhibiting factors were limitedness of time and funds to train the nurses besides the operational procedure standard (OPS) that was still less understood. Lack of learning motivation among the nurses also appeared as an inhibiting factor in understanding Patient Safety implementation.


2005 ◽  
Vol 5 (1) ◽  
pp. 3-50 ◽  
Author(s):  
Alexei A. Gulin

AbstractA review of the stability theory of symmetrizable time-dependent difference schemes is represented. The notion of the operator-difference scheme is introduced and general ideas about stability in the sense of the initial data and in the sense of the right hand side are formulated. Further, the so-called symmetrizable difference schemes are considered in detail for which we manage to formulate the unimprovable necessary and su±cient conditions of stability in the sense of the initial data. The schemes with variable weight multipliers are a typical representative of symmetrizable difference schemes. For such schemes a numerical algorithm is proposed and realized for constructing stability boundaries.


2020 ◽  
Author(s):  
Kristin Natal Riang Gea

AbstrakKeselamatan pasien merupakan dasar dari pelayanan kesehatan yang baik. Pengetahuan tenaga kesehatan dalam sasaran keselamatan pasien terdiri dari ketepatan identifikasi pasien, peningkatan komunikasi yang efektif, peningkatan keamanan obat yang perlu diwaspadai, kepastian tepat lokasi, prosedur, dan tepat pasien operasi, pengurangan risiko infeksi, pengurangan risiko pasien jatuh. Tujuan penelitian untuk mengetahui hubungan antara pengetahuan dengan penerapan keselamatan pasien pada petugas kesehatan di Puskesmas Kedaung Wetan Kota Tangerang. Metode Penelitian menggunakan deskriptif korelasi menggunakan pendekatan cross sectional. Populasi sebanyak 50 responden. Teknik pengambilan sampel menggunakan total sampling. Instrumen yang digunakan berupa lembar kuesioner. Teknik analisa diatas menggunakan analisa Univariat dan Bivariat. Hasil Penelitian ada Hubungan Pengetahuan dengan Penerapan Keselamatan Pasien pada Petugas Kesehatan, dengan hasil, p value sebesar 0,013 &lt; 0,05 maka dapat disimpulkan bahwa ada Hubungan Pengetahuan dengan Penerapa Keselamatan Pasien pada Petugas Kesehatan. Kesimpulan penelitian ada Hubungan Pengetahuan dengan Penerapan Keselamatan Pasien.. AbstrackPatient safety is the basis of good health services. Knowledge of health personnel in patient safety targets consists of accurate patient identification, increased effective communication, increased safety of the drug that needs to be watched, certainty in the right location, procedure, and precise patient surgery, reduction in risk of infection, reduction in risk of falling patients. The purpose of this study was to determine the relationship between knowledge and the application of patient safety to health workers in the Kedaung Wetan Health Center, Tangerang City. The research method uses descriptive correlation using cross sectional approach. The population is 50 respondents. The sampling technique uses total sampling. The instrument used was a questionnaire sheet. The analysis technique above uses Univariate and Bivariate analysis. The results of the study there is a Relationship of Knowledge with the Implementation of Patient Safety in Health Officers, with the result, p value of 0.013 &lt;0.05, it can be concluded that there is a Relationship between Knowledge and Patient Safety Implementation in Health Officers. The conclusion of the study is the Relationship between Knowledge and the Implementation of Patient Safety.Keywords Knowledge, Patient safety, Health workers


Sign in / Sign up

Export Citation Format

Share Document