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STUDENTS' GOPHER

NOTES ON CONFIDENTIALITY

IN HEALTH CARE

2: Code of Conduct / Disciplinary Cases

Prof Geoff Hunt, EIHMS, University of Surrey

The Code of Professional Conduct (NMC) Effective 1 June 2002

Issued by the Nursing & Midwifery Council (previousl the UKCC)

Confidentiality section

5 As a registered nurse, midwife or health visitor, you must protect confidential information

5.1 You must treat information about patients and clients as confidential and use it only for the purposes for which it was given. As it is impractical to obtain consent every time you need to share information with others, you

should ensure that patients and clients understand that some information may be made available to other members of the team involved in the delivery of care. You must guard against breaches of confidentiality by

protecting information from improper disclosure at all times.

5.2 You should seek patients’ and clients’ wishes regarding the sharing of information with their family and others. When a patient or client is considered incapable of giving permission, you should consult relevant colleagues.

5.3 If you are required to disclose information outside the team that will have personal consequences for patients or clients, you must obtain their consent. If the patient or client withholds consent, or if consent cannot be obtained for whatever reason, disclosures may be made only where:

- they can be justified in the public interest (usually where disclosure is essential to protect the patient or client or someone else from the risk of significant harm)

- they are required by law or by order of a court.

5.4 Where there is an issue of child protection, you must act at all times in accordance with national and local policies.

How many nurses get into trouble for not following the code?

NMC Professional Conduct Disciplinary cases 2001-2002

In the period The NMC’s Preliminary Proceedings Committee (PPC) investigated 1,614 allegations against nurses, midwives and health visitors.

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Case closed 805

Further investigation 352

Referred to Professional Screener 66

Cautioned 75*

Referred to Professional Conduct Cttee 316

* when serious enough to lead to removal, admitted, mitigation (not a risk), record for 5 years.

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Offences [percentage of all cases]

Physical verbal abuse 29%

(if sexual abuse inc.) 32%

Unsafe clinical practice 10%

Failure to keep accurate records 8.4%

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Professional Conduct Committee's Decisions

Removal from Register 113

Cautioned 61

Misconduct proven but NFA 10

Not proven 8

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Restored:

Five restored out of 19 applications to be restored to the Register.

Unfitness to practise due to ill health:

Cases usually involve alcohol, mental illness, drug dependence, and physical illness.

Return to IANE Index                   EMAIL for Prof Geoff Hunt:  g.hunt@surrey.ac.uk