Advanced Nursing Practice Toolkit

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Legal and Ethics Guidance

  • Overview
  • What is Ethics?
  • What is Law?
  • Accountability
    • Accountability to the Profession
    • Fitness to practice
    • Public (owing a duty of care)
    • Accountability to the Employer
    • Actions and omissions in the duty of care
    • Civil and Criminal Law
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Fitness to practice

It is crucial that advanced nurse practitioners are aware of the expectations of 'The Nursing and Midwifery Council (NMC) Code', recognise their own responsibility and accountability for their actions, and ensuring that they always act within the boundaries of their own competence and practice.  Individual practitioners have the responsibility to ensure that they have the appropriate education and training and are competent and confident in any new or expanded actions they undertake.

All nurses have a responsibility to raise concerns if they are concerned that the Standards for conduct performance and ethical practice are not being met by a nurse or a midwife.  The NMC then have the ability to investigate and make a decision on lack of competence or misconduct.  It should, however, be noted that the NMC receive many complaints that could be handled more appropriately at local level.  Guidance on raising and escalating concerns can be found in the NMC guidance document.

NMC actions in response to a complaint may include: 

  • Find no case to answer and close the case against the nurse or midwife
  • Initiate further investigation to establish the facts of the complaint by referring the individual to either the NMC Health Committee or the Professional Conduct Committee.

If impaired fitness to practise is found the regulating body has the power to:

  • Issue a caution
  • Issue a 'Conditions of Practice' order
  • Suspend an individuals' practice until they have undergone further training or a period of medical care
  • Remove the individuals' name from the register 

Further information on investigating fitness to practise can be found on the NMC website.

The purpose of any action by the NMC is not to punish practitioners but to protect the public.  Complaints in relation to the individual nurse or midwife need to be serious enough to warrant removal from register.  Common cases investigated by the NMC include:

Professional misconduct 

  • e.g. Physical, sexual and verbal abuse
  • Theft
  • Failure to care
  • Failure to keep proper records
  • Deliberately concealing unsafe practice

Lack of competence

  • Based on lack of knowledge, skill or judgement
    e.g. Failure to administer medicines safely

Character

  • Usually serious criminal offences

Poor Health

  • Long term physical or mental illness

Further information on NMC common case can be found at on the NMC website.

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