LawSense Law for Nurses NSW

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Program

12.00    LawSense Welcome

12.05    Chairperson’s Introduction

Adjunct Professor Greg Rickard OAM FACN, President, Nursing and Midwifery Council

12.10    Managing Note-Taking and Documentation in the Digital and AI Age to Protect Your Legal Position

Key Principles and How Notes Have Been Used in Legal Proceedings

• Outlining key law and principles to apply in note-taking and record keeping by nurses

Understanding how note/lack of notes has been used against practitioners in proceedings – case studies

• Examining key aspects of notetaking to meet legal risk and avoid criticism by Courts

• Understanding the extent of notes that should be taken in different circumstances

Emerging Options – Using AI to Generate Session Notes, Records and Plans

• Exploring the emerging and potential role of AI in nursing practice, including
  • using AI for note-taking and record keeping
  • assessments and treatment plans
  • patient monitoring and testing
• Identifying key risks:
  • privacy and data risks
  • accuracy/reliability
  • responsibility of the service/software provider versus the health service or nurse
  • obtaining informed consent
• Understanding the application of existing law and regulation and potential reforms, including:
  • duty of care in use of AI
  • consent, privacy and confidentiality laws, including privacy reforms
  • copyright/intellectual property
  • contractual requirements in a platform’s terms of service
  • understanding The Artificial Intelligence (AI) Ethics Framework and application to nursing services
• Exploring policy options for health services and what services have implemented to respond to emerging AI

Optimising Digital Record Keeping and Understanding Pitfalls

• Reviewing the different types of records to assess, integrate or manage in record keeping systems:
  • paper records
  • records on electronic note-taking systems
  • notes or calendar entries on work or personal devices
  • other communication media including texts other electronic messages between staff and reports from external experts
• Understanding the legal rights and obligations regarding messages on personal devices or apps or personal note-taking
• Managing areas of potential legal exposure:
  • cutting and pasting from previous records
  • lack of integrated records/disparate records
  • records on personal devices
  • access permissions and protocols
  • storage and retention of records

• Effectively managing storage or records and navigating obligations with online storage with third parties

Nevena Brown, Principal, Meridian Lawyers

1.10      Break

1.25      Responding to Complaints and Investigations: How Have Nurses Come Unstuck and What Have Nurses Been Sanctioned For?

Complaints to Regulators / Professional Bodies

• Reviewing the range of complaints made against nurses
• Understanding what criteria the regulator uses to assess and action complaints – what conduct is likely to result in action? What are the options for mediation?
• Responding to contact from the regulator regarding complaints
• Understanding the investigation and prosecution processes and your rights

• Examining how regulators have dealt with confidentiality, privacy and reputation concerns in investigating complaints
• Reviewing key cases and lessons learned

Complaints Online

• Responding to posts or messages online – understanding the legal position of the nurse and/or health service targeted and potential pitfalls
• Approaching websites, blogs or social media platforms to have material removed
• Effectively dealing with the patients or families posting the material
• Learning from case studies and scenarios

Brit Mainhoff, Partner, HWL Ebsworth Lawyers

2.25      Break

Opening Remarks from the Chair

Dr Elisabeth Black, CEO & Director of Nursing, The Brown Nursing

2.40      Delegation, Supervision and Scope of Practice: Navigating Obligations and Legal Exposure, Including Manager Liability for Poor Team Practice

• Exploring common scenarios of delegation and supervision in nurse practice

Law, Obligations, Guidelines

• Examining the applicable law
  • duty of care
  • professional obligations
  • employment obligations

Scope of Practice

• Outlining key laws and guidelines regarding scope of practice and responsibilities of nurses
• Navigating scope of practice – understanding steps you should take to assess whether you are acting within scope, including risk assessment approaches

Responsibility Arising from Poor Practice Culture Within a Team

• Understanding how nursing managers and leaders can face legal and professional consequences for incidents arising from poor practice culture, even if they were not involved – examining recent cases

Case Studies and Challenging Scenarios

• Exploring how the law is applied:
  • who should you delegate to and to what extent can work be delegated?
  • assessing whether the delegated activities can be managed within the current workload
  • to what extent should you supervise or monitor?
• Managing issues in delegation and supervision arising from conditional registrations
• Lessons learnt – reviewing case studies and understanding what practical strategies and approaches to implement to avoid breaching duties and to mitigate potential liability

Assoc. Professor Bernadette Eather, Chief Nurse & Clinical Services Director, Ramsay Health

Samantha Shanahan, General Counsel, Ramsay Health

3.40      Closing Remarks

3.45      Event Close

Presenters / panelists include:

	Greg Rickard was appointed to the Nursing and Midwifery Council NSW (NMCNSW) in July 2018 and is currently the President, which in co-regulation with the NSW Health Care Complaints Commission (HCCC) manages complaints/notifications against nurses and midwives. Greg is also current Chair, Presidents’ Forum for the 15 Councils in NSW. Greg commenced as a student nurse at the Canberra Community Hospital, ACT in 1972. Greg has postgraduate qualifications in Midwifery and Intensive Care, gained post graduate qualifications and experience in management and leadership in the public and private sectors, in consulting, recruiting and academia. Greg has a doctorate in Public Health, from Charles Darwin University.
	Nevena Brown brings a common-sense confidence to her work, and more than 25 years’ experience. Her experience with liability claims is enhanced from having worked as a senior solicitor at NZI/CGU Insurance Ltd for five years. Nevena has advised and defended claims for GIO General Ltd, Vero Insurance, NZI/CGU Insurance Ltd, QBE Europe and other major insurers.
	Brit Mainhoff has over 28 years experience as a lawyer working specifically in the areas of health & aged care law, medical negligence/malpractice, professional conduct and insurance law. Brit acts for medical defence organisations and insurers, health practitioners and various allied health professionals, private hospitals, aged care facilities and other health facilities in both litigated and non-litigated matters.
	As Chief Executive Officer and Director of Nursing, Dr Elisabeth Black is accountable for ensuring the delivery of mission based, safe, compassionate and holistic person-centred care at the Brown Nurses. Her role encompasses the development and implementation of quality approaches that improve client outcomes, client and staff experience and operational efficiency. Elisabeth brings to the role, a unique blend of clinical, operational, regulatory and leadership expertise. Since qualifying as a registered nurse and midwife, Elisabeth has developed an interest in advanced professional practice, models of care, education and nursing regulation. She has worked in a variety of clinical, managerial and leadership roles.
	Dr Bernadette Eather focuses on nursing leadership and professional development of Ramsay Health Care Australia’s clinical workforce, in addition to overseeing clinical governance, safety and quality, and patient experience. Bernadette was previously Ramsay’s National Manager of Clinical Quality and Patient Safety, responsible for the strategic oversight of clinical incident management, quality improvement, data analytics in patient safety and clinical policy and procedure since her appointment in February 2018. She has worked in health care for 30 years in a range of clinical, operational, and clinical governance roles.

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