Читать книгу Clinical Nursing Skills at a Glance - Группа авторов - Страница 19

8 Privacy and dignity

Table 8.1 Specific laws that relate to reportable activities.

Act of Parliament	Year of publication
Misuse of Drugs Act	1971
The Public Health (Control of Disease) Act	1984
Road Traffic Accident Act	2010
Terrorism Prevention and Investigation Measures Act	2011
Data Protection Act	2018

Table 8.2 Human rights articles relating to healthcare.

Article	Related to healthcare
Article 3	Freedom from torture and inhuman or degrading treatment
Article 5	Right to liberty and security
Article 8	Respect for your privacy and family life, home, and correspondence

Figure 8.1 Engaged clip for curtains.

Table 8.3 The six Ps of social media.

Source: Nursing & Midwifery Council (2018b).

Professionalism	Ensure professional profile and professionalism with all posted material
Positive	Keep posts positive. Grievances have no place in social media
Patient/person	Think about the person. If this post concerned you, would you want it to be uploaded to social media?
Protect	Protect yourself, your colleagues, employer, and the public
Pause	Stop and think. If unsure do not post

Background

 The Nursing & Midwifery Council (NMC) code, section 5, focuses on prioritising people, which highlights upholding dignity whilst also focusing on respecting people's right to privacy and confidentiality (NMC 2018a).

 Privacy falls under confidentiality in law, which focuses on handling data appropriately and securely, and only sharing it for specific reasons (Data Protection Act 2018).

 Under law, confidentiality can be waived in order to prevent harm to oneself, by self or others, and to prevent harm to others. Specific laws refer to activities that require referral to authority bodies (Table 8.1).

 Supporting privacy and dignity is also a human right with three specific articles of the UK Humans Rights Act (1998) focusing on these (Table. 8.2).

 Privacy and dignity also refer to maintaining the privacy and dignity of patients, employers, and other employees actions outside of the work environment – this is specifically important when engaging with social media.

Influencing Factors

 Emergency situations – when saving life is a priority, both privacy and dignity can be forgotten. Closing the curtain or door can be helpful, but as multiple members of the team may be entering and leaving the room, closing the curtain or door of surrounding patients can reduce exposure.

 The unconscious patient is unable to express preferences – this information may be provided by other sources (e.g. family members, patient’s notes) but advocating for the patient is also required in these circumstances.

 Lack of capacity – sharing of information in these situations can be challenging. Avoid assuming that information can be provided and look for a lasting power of attorney form.

Professional Approach

 Time pressures – these pressures can result in a lack of privacy when providing sensitive care.

 Time pressures – these pressures can also cause healthcare workers to disregard patient dignity by not considering patients’ preferences. which could be based on cultural, religious or other practices.

 Maintaining privacy requires healthcare professionals to treat the patient as an individual for each individual interaction; not doing so can disregard legal and professional requirements.

Equipment

 A ‘do not disturb’ clip to use with curtains (Figure 8.1).

 A roller blind for door windows.

 Appropriate documentation security.

Procedure – Key Considerations

 Ensure the procedure is fully explained and informed consent is obtained.

 Check that there will be no interruptions for the duration of the procedure; use ‘do not disturb’ signs.

 Advise members of your team, and the nurse in charge where you will be, as appropriate.

 Ask the patient their preference for the procedure, e.g. “Would you prefer for the curtain to be open or closed while I measure your vital signs?”

 Explain what you are doing throughout.

 Ensure the patient has adequate levels of privacy for their requirements before you leave the area.

 Follow the record‐keeping guidance for clear, accurate, professional documentation.

 Follow data protection requirements for storage of all patient data (Data Protection Act 2018).

 Note – supporting the patient to be independent when providing person care is preferred but not always possible. Encouraging the patient to provide care for their genitalia can support privacy and maintain dignity.

Procedure – Social Media

Unprofessional and unlawful conduct across social media has resulted in professional bodies providing guidance on managing your social media profile (GMC 2013; NMC 2018b). The NMC has recommended that professionals follow the six Ps before posting on any platform (see Table 8.3). It has also highlighted that fitness to practise will be questioned in the following instances:

 There is sharing of confidential information inappropriately, i.e. without patient consent or providing employer – and thus healthcare provider – details.

 There is posting of unprofessional comments about people they provide care for, other team members, and/or employer.

 There is posting that could be considered as bullying or exploitation of patients, other team members, and/or the employing organisation.

 There is posting of pictures or videos without the party's consent (NMC 2018b).

Red Flag

  Failing to comply with professional requirements can result in a fitness‐to‐practice review and lead to removal from the professional register.

  Failure to follow the law will bring legal recriminations, which could include tribunal cases brought by an employer, breach of professional negligence under case law, or a breach of a specific Act of Parliament. These incur penalties such as fines, community sentencing, and imprisonment.

References

1 Data Protection Act (2018) c12. www.legislation.gov.uk/ukpga/2018/12/contents/enacted (accessed 22 April 2020).

2 General Medical Council (2013). Doctor's Use of Social Media. London: General Medical Council.

3 Human Rights Act (1998) c.42. www.legislation.gov.uk/ukpga/1998/42/contents (accessed 22 April 2020).

4 Nursing & Midwifery Council (2018a). Professional Standards and Practice of Behaviour for Nurse, Midwives and Nursing Associates. London: Nursing & Midwifery Council.

5 Nursing & Midwifery Council (2018b). Guidance on Using Social Media Responsibly. London: Nursing & Midwifery Council.