PROVISION OF SPECIFIC COMMUNITY HEALTH

NURSING LEGISLATION AND ACT

PRESENTED BYASSO.PROF.

JAYASHREEAJITH

Health is a state of dynamic balance of an individual's ability to perform personality valued roles and responsibilities, to deal and cope with physical, biological, psychological and social stresses and challenges throughout the life while continuing to maintain sense of wellbeing.

Nursing is a professional services for enabling a person to maintain and sustain health and wellbeing.

In community the individuals/families groups who are in need of assistance from community health nurse to maintain and sustain their health and wellbeing.

In community the vulnerable groups those who are disadvantages due to physical and economic reasons e.g. - women, children mentally and physically challenged including elderly groups need for more attention for their health and wellbeing.

Activities carried out by community health nurse are promotive, preventive, curative (only minor aliments). Referral services and rehabilitative services for the individual and families in the community.

code of professional conduct.

Professional responsibility and accountability.

Qualitative standard nursing practice.

Valuing human being. Communication and

interpersonal relationships. Effective management. Professional advancement.

Code of ethics of nurses in India

Respect Qniqueness of an individual. Respect rights of an individual . maintain privacy and confidentiality

and share information judiciously. Competency based quality nursing

services. Obliged to practice within the

framework of ethical, professional and legal boundaries.

Work harmoniously with the members of health team.

Commits to reciprocate the trust invested in nursing profession by society.

Legislation in health field is to execute heath services and family welfare services through an established and recognized organization:

Health law depends on

PUBLIC HEALTH LAW

Public health laws comprise of:(a) Health law - Dealing rights and duties

- Legal act- Legal procedures - Jurisprudence

(b) Health ethics- - Social and individual values- Health philosophy- Religion

(c) Community health nurse and patients/individual - Performance as per the nursing act- Privacy- Confidentiality - Right to refuse- Social regulations - Mal practice

Fitness in occupationIn professional

duties at community

work

Treatment of

prisoners

Hungerstrikers

Blood test

Court witnes

s

MedicalCirculation

Legal aspect in public health

IN

CULTURAL

CARE

Surgery and

Anesthesia

Infectious case

Psychiatric management

Autopsy

Drug-reaction shockand sudden death

Organ transplant

Blood Transfusio

n

Emergency

Efficiency

In preventive activitiesIn professional duties at community work

Immunization

Limiting religious activity Limiting

commercialactivity

Prophilaxis against

diseases  

Massscreening

Law is a code which regulates human behaviour in the society.

Law imposes a duty on every individual to conform standard of conduct so as to protect right of every individual.

Basic law of our country is constitution which provides rights and duties of citizens and functions of the states.

To connect inequalities in society

To protect rights of individuals

To make amendments in rights of individual to said the prevailing requirements of society

To punish people indulging in forbidden acts (not do so)

Purposes

Law of the constitution are formed under different sections as follows:

Common laws - by judges of court Labour laws - Right and obligations between

employers and employees. Statutory laws - Define obligations of citizens

to act in a particular manner. Criminal laws - Laws are closure to the

statutory laws. Tort - This kind of law includes demamation,

assault, negligence and frauds etc. Tort is a civil wrong for which remedy

is common. law action for damages that are not liquidated and which is not exclusively the breach of contract or trust or a more equitable obligation.

For constitute tort following conditions must be satisfied:

Act or omission - for a person liable for a tort she/he must have some act which is not expected to do or must have failed in her/his duties.

Wrongful or omission - If more moral or social wrong, these can not be a liability for a person.

Legal damage - Infringement of a legal right.

Legal remedy - It must give rise to legal remedy in the form of action or damage.

Supreme Court is the highest judiciary with highest power of the country.

Sources of law

CONSTITUTION OF INDIA

STATUTES- STATUTORY LAW

COURT DECISIONS- TORT LAW

Professional licensures License is a legal document

that permits a person to offer special skills and knowledge to the public in a particular jurisdiction.

Licenser - Establishes standards to entry into professional practice defines scope of practice and allow disciplinary action.

Common causes of professional nursing

license suspension or re-vocation

Being found guilty of professional negligence.

Practising nursing without license.

Obtaining license by fraud or allowing others to use your license.

Conviction of grave crime for any offence substantially related to the function or duties.

Participating professionally in criminal abortion.

Not reporting sub-standard care.

Providing care while under influence of drug or alcohol.

Giving narcotic drugs without an order.

Falsely found as a community health nurse practitioner.

According to ILOConditions of work and life of community health

nursing personnel: 1. Standard hours of work 8 hrs/day. In between

working hours half an hour Lunch-break.It should not be more than 12 hours2. Over time Time relaxation

(leave) Extra

remuneration 2 days rest/week

Two weeks advance notice for any roster duty.

3. Leave - 4 weeks with pay/year - Sick leave with pay until recovery - Maternity benefit

12 weeks/ No posting in pregnancy risk areas4. Remuneration As per

qualification Experiences

Responsibilities Cleaning

facility

5. Legal control on appointment letter specify:- Rights- Duties- Responsibilities - Degree of authority attach to it

6. Nursing - education (student's):- Supervised clinical/community nursing practice - Adequate housing with reasonable privacy - Suitable uniform - Adequate health protection - Vaccation, leave- Grants (stipend/study loan)

7. Continuing education: - Facilities for continuing education for updating knowledge and skills.

Before independence act

1825- Quarantine act Quarantinable diseasesYellow feverTyphus feverCholeraRelapsing feverPlagueSmall-pox

1855 - Fatal accident actThis act provides compensation to families or loss occasioned by the death of a person caused by actionable wrong i.e. neglects, default.

1873- Birth and death registration act - Promulgated 1880 - Vaccination act was passed 1897 - Epidemic disease act (Modified in 1956)

After independence 1948 - Minimum wages act (Promulgated) 1950 - Constitution of India formed 1950 - The drug control act (price - order) 1954 - Air craft rules (Quarantine act) Air craft act - 1934, Public health rules – 1946 Indian air - craft (Public health rules) was passed

forquarantinable diseases by our constitution (a) Vaccination certificate. (b) Medical authority certificate for

travelling by AIR CRAFT. 1825 Quarantine act was passed

1955 - Marriage act passed 18 yrs boy/15 yrs girls 1956 - Immoral traffic act 1956 - Epidemic disease act 4th Feb 1897 extends to whole India except (territories)

and modified and passed on 1st Nov. 1956 (Special power to manage epidemic) Prescribed regulations as to dangerous epidemic

diseases. Power of central govt. - Inspection of air craft, vessels etc

suspected. Protection to person. 1956 - The Hindu Adaptations and maintenance act 1961 - The maternity benefit act 1962 - Atomic energy act Quality assurance. Qualified staff and personnel monitoring badges in x-ray

department.

1963 - Personal injuries compensation act ESI ACT- Payment for surgery, medical

treatment etc, 1969 - Registration of birth and death act within

21 days with late fee 30 days after occurrence and came into force 1st April, 1969

Birth - live birth or still birth. Death - Permanent disappearance of all

evidence of life at any time after live birth. 1970 - Drug and public health Drug control, sale, supply and distribution of

drugs. Public health laws relating to drug dealt with

accessibility of drug (sale and marketing). Dispensation of drug, administration of drugs =

Quality of drug (Drug-adulteration). Presence of essential drugs (by WHO) in a

functioning health system at all times in adequate quantities, in appropriate doses form with assured quality and reliable information at a cost that community and individual can offered.

1971 - M.T.P. Act (Medical Termination of Pregnancy)

MTP act permits of foetuses with disabilities. Aim - to make possible to use abortion as a

mechanism of family planning. Abortion can lawfully be done. Abortion as a right to women. Risk of death or grave mental or physical injury

to the health of pregnant women. Where pregnancy caued by safe. Risk of the child (serous abnormality) . When contraceptive device failure . 1971 - Family pension scheme 1974 - Prevention and control of pollution

act

1975 - Prevention of food adulteration act (1954)

Food quality, adding any other substances. Food kept in insanitary conditions (contaminated). If the product decomposed and not fit for human

consumption . If the article is obtained from contaminated animal

and fish etc. If poisonous substances added. If prohibitive preservative or colouring materials in

excess of prescribed unit. Adulteration results grievous health problems

even death - For death - Imprisonment and fine 6 months to 3 yrs Rs. 5000.00 orabove

1975 - The cigarettes regulation act Production, supply and distribution 1975 - Indian factories act of E.S.I. act

modified 1978 - Child marriage restraint act Boy - 21 yrs, girl - 18 yrs 1981 - The air (Prevention and control of

pollution) act was enacted 1984 - The workmen compensation act

came into force 1st July 1984 1984 - The Juvenile act 1986 - The child abuse (Prohibition of

regulation) act 1986 - The environment (protection) act

1986 - The consumer protection act(except J.K.)

Central consumer protection council . State consumer protection council. District consumer protection council.

OrDistrict forum

Right to choose, right to safety, right to ward , right to seek-redressal, right to be informed, right to consumer education.

Change of price, loss or damage any major trade practice, price display in packet goods.

Free service provider if demands anything. Imprisonment 1 month to 3 yrs with

compensation not less than 5 lacs.

1987 - The child labour (Prohibition and regulation act)

1987 - NACO - Public Health Act HIV and AIDS rules

HIV/AIDS kit to all hospitals. Use of Disposable syringe of needle use. Proper biomedical waste disposal. Free of cost anti AIDS drugs. Pension benefit not money but work . Blood bank safety programme. Confidentiality.

1990 - The national commission for women act

Functions of commission .o Investigation for safe-guard for women

under constitution and law. Safe-guarding women's right. Recommendation for improving women's

status. Taking up cases of violation. Deprivation of women's rights. Occupational health hazards. Equality and development. Socio-economic development for women.

1994 - The transplantation of human organ act Regulation of removal, storage and transplantation

of human organ for therapeutic purpose. Prevention of commercial dealings in human organs. Authority for removal of human organ. Postmortem (medico legal). Unclaimed body in hospital. Certified death and volunteer organ donation. Registration of hospitals. Regulation of hospitals. Appointment of appropriate authority for this act by

central and state government. Preservation, transplantation, removal by illegal

ways without noticing authority. Punishment as imprisonment and penalty One lac and above.

1992 - Infant milk substitute act 1994 - The Panchayat Raj act 1995 - The disability act Equal opportunity, protection right and full participation

by disable persons. 1996 - The prenatal diagnostic technique (PNDT

act) Act prohibits all technologies of sex selection. By registered of qualified agencies. Cases - Genetic disorders, chromosomal abnormalities

congenital anomalies, sex-linked diseases. 2003 - PNDT Act was enacted in 2003 for prohibition of

"Female-foeticide“. 2000 - Noise pollution (Regulation and protection)

act Silence zone - Hospitals, court, educational institutions. From 10 p.m. to 6 p.m. - No loud speakers/public

address.

2000 - The juvenile justice (Care of protection) of children act

2003 - The tobacco products prohibit act No smoking in public places. Size of cigarette - 90× 6 mm. Once not more than two - Prohibition

of sales to minor groups. 2003 - Prenatal diagnostic technique

(regulation and prevention of misuse) act Prohibition of sex selection .

2005 - The disaster management act National, State and District plan for

management strategies, capacity building, migration etc.

Specify role of all workers including health during emergencies and before emergencies.

Strengthening each resource person by appropriate training.

As a CHN has to plan disaster preparedness plan by accessing vulnerabilities, health education, first-aid, drills etc.

Relief, reconstruction in all plans in all levels.

2005 - The protection of women from domestic violence act

Protection of women from domestic violence aggrieved person, respondent and domestic relationship.

Physical abuse, economic abuse, dowry, unlawful demands and treats to cause above harms.

Relief for insurance of protection order. Ensure provision of legal aid. Service providers are legal aids, shelter homes and

medical facilities in local areas. Ensuring monetary relief for aggrieved person, loss of

earning, medical expenses, loss of any property. Maintenance of aggrieved and her children. Legal action against the respondent. 2009 - The right of children to free and

compulsory education act 2011 - The protection of children from sexual

offences bill in India

THANK YOU