Date | 26 November 2024 |
Time | 12.00pm-3.45 pm AEDT (Syd/Mel time) |
Format | Live Online & Recorded. The recording can be viewed until 26 December 2025 |
Pricing | $440. Prices includes gst. |
CPD | CPD hours available for nurses |
Other related LawSense Events |
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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
TBC, Lawyer, Legal Services, Ramsay Health
3.40 Closing Remarks
3.45 Event Close
Presenters / panelists include: