Hi, I’m a student at a New Zealand university, therefore, the answer should only be given in accordance to NZ health law.
Scenario 2 (CLINICAL PSYCHOLOGIST)
You are treating a 17 year old woman in her last year of school. The woman has
seen you for treatment a few times before and you have noticed that she seems
very weak and tired and you have often noticed that she has bruises on her arm.
This time when you see her you notice a burn on the inside of her palm that
looks like a cigarette burn. You also notice that she has bruises on her legs.
When you ask how she is, she replies that she is fine, just tired from her exams.
You write down in her clinical notes the existence of the burn and bruises. You
believe that she lives at home with her parents.
As the provider, explain the law that is relevant in deciding whether to disclose
this information to another person.
1. What are the relevant institutions that deal with privacy and disclosure of
information relevant to the issues outlined in this example? What
processes would they follow in this case? (LO1, 500 words)
2. What are the potential legal principles that arise in this case? Please
consider both civil law principles (eg, Health information Privacy Code)
and the criminal law. Existing cases may guide this analysis. (LO2, 500
3. Please critique, with the use of scholarly references, the operation of the
law in this area. You may wish to consider whether you think that the law
operates well in this area to protect consumers. (LO3, 500 words)
4. Please consider, with the use of scholarly references, how the legal
principles highlighted in your chosen scenario are relevant for health care
practice in your area. (LO4, 500 words)
LO1 – Institutions and processes What are the mechanisms/institutions through which rights are enforced? “Institutions” mean organisations or Commissions, such as the Office of the Health and Disability Commissioner, Human Rights Commission. What process would be followed? Eg, what can the institution do?
LO2 – Legal principles. What are the relevant legal principles? Civil – Code of Patient Rights, eg, Privacy Act (HIPC) Criminal – are there potentially criminal dimensions? Demonstrate you understand the distinction between civil and criminal
LO3 -Critique. Demonstrate critical thinking. Critique the law not the fact pattern. Does the law provide adequate protection? Can certain groups of people access the law? Is the law too harsh on health practitioners? Is the process fair?
LO4 – Application to practice. Apply the law to your chosen profession (CLINICAL PSYCHOLOGY)
LO5 – Academic standard. No need for introduction and conclusion. Use APA referencing. No need to reference legislation – just use name and list in bibliography. Use headings for your work. Do not write in the first person.
These are the only references that are allowed.
Legislation – supreme (http://www.legislation.govt.nz), eg Privacy Act 1993 Regulations, eg, Health Information Privacy Code
https://privacy.org.nz/the -privacy -act -and – codes/the -privacy -act /
https://www.privacy.org.nz/how -to – comply/sharing -information -about -vulnerable – children /
https://www.privacy.org.nz/news -and – publications/guidance -resources/approved – information -sharing -agreements -aisas /
Keenan, R. (Ed.) (2010). Health Care and the Law (4th ed). Wellington: Thomson Reuters.
Burgess, M. (2008) A Guide to the Law for Nurses and Midwives (4th ed) Auckland: Pearson Education.
Skegg, P.D.G. and Paterson, R. (eds) (2015) Health Law in New Zealand. Wellington: Thomson Reuters.