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 ofschool. The woman has
seen you for treatment a few times before and you havenoticed that she seems
very weak and tired and you have often noticed that she hasbruises on her arm.
This time when you see her you notice a burn on the insideof her palm that
looks like a cigarette burn. You also notice that she hasbruises on her legs.
When you ask how she is, she replies that she is fine, justtired from her exams.
You write down in her clinical notes the existence of theburn and bruises. You
believe that she lives at home with her parents.
As the provider, explain the law that is relevant indeciding whether to disclose
this information to another person.
1. What are the relevant institutions that deal with privacyand 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 inthis case? Please
consider both civil law principles (eg, Health informationPrivacy Code)
and the criminal law. Existing cases may guide thisanalysis. (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 thinkthat the law
operates well in this area to protect consumers. (LO3, 500words)
4. Please consider, with the use of scholarly references,how the legal
principles highlighted in your chosen scenario are relevantfor health care
practice in your area. (LO4, 500 words)
LO1 –Institutionsand processes What are the mechanisms/institutions through which rights areenforced? “Institutions” mean organisations or Commissions, such as theOffice of the Health and Disability Commissioner, Human RightsCommission. What process would be followed? Eg, what can the institution do?
LO2 – Legalprinciples. 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 andcriminal
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 topractice. Apply the law to your chosen profession (CLINICAL PSYCHOLOGY)
LO5 –Academicstandard. No need for introduction and conclusion. Use APA referencing. No need to reference legislation – just use name and list inbibliography. 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 PrivacyAct 1993 Regulations, eg, Health Information Privacy Code
Keenan, R. (Ed.) (2010). Health Care andthe Law (4th ed). Wellington: Thomson Reuters.
Burgess, M. (2008) A Guide to the Lawfor 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.