Midwifery Legislation. What am I?

I outline the ethical principles that guide midwifery practice and form the foundation of the Standards of Practice. What am I?

The New Zealand College of Midwives Philosophy and Code of Ethics.

What are some midwifery responsibilities or obligations under the New Zealand College of Midwives Philosophy and Code of Ethics?

- Partner with women.

- Respect autonomy and informed choice.

- Provide culturally safe, equitable care.

- Maintain competence and accountability.

- Collaborate and refer appropriately.

- Protect confidentiality.

- Advocate for the health and wellbeing of women, babies, and whānau.

- Act with honesty, integrity, and professionalism throughout all aspects of midwifery practice.

I protect the public by ensuring health practitioners are competent and fit to practise. I ensure Midwives meet Midwifery Council requirements to hold an Annual Practising Certificate (APC). What am I?

Health Practitioners Competence Assurance Act 2003 (HPCA Act).

What are some midwifery responsibilities or obligations under the Health Practitioners Competence Assurance Act 2003 (HPCA Act)?

- Practise only within their competence.

- Seek supervision or referral when required.

- Maintain competence through education and recertification.

- Put the safety of the woman and baby first.

I protect the rights of people receiving healthcare. What am I?

Code of Health and Disability Services Consumers' Rights 1996

What are some midwifery responsibilities or obligations under the Code of Health and Disability Services Consumers' Rights 1996?

- Respect culture, beliefs and values

- Avoid judgment

- Treat people with dignity

- Provide an appropriate standard of care

- Fully explain the procedures clearly.

- Discuss risks, benefits and alternatives, allowing time for questions.

- Obtain informed consent before proceeding and respect refusal.

- Facilitate and promote support

- Request consent for involvement of students or research

- Support the complaints process and use it to educate further practice

I govern how personal information is collected, stored, used and disclosed. What am I?

Privacy Act 2020

What are some midwifery responsibilities or obligations if a breach has occurred under the Privacy Act 2020?

- If applicable, inform the supervising midwife immediately.

- Attempt to recover or delete the information.

- Assess who may be harmed from the breach.

- Inform all parties involved.

- Report the breach to the Privacy Commissioner.

I outline publicly funded maternity services, LMC responsibilities and service entitlements. What am I?

Primary Maternity Services Notice 2021

Why is it important for midwives to understand service entitlements under the Primary Maternity Services Notice 2021?

- So women receive all services they are entitled to.

- To ensure funding requirements are met.

- To provide appropriate referrals and continuity of care.

I protect individual rights, including the right to refuse medical treatment. What am I?

New Zealand Bill of Rights Act 1990

How could midwives respect autonomy under the New Zealand Bill of Rights Act 1990?

- Respect decisions.

- Continue providing safe care regardless of decisions.

- Avoid coercion.

- Support informed choice.

I protect people from discrimination and promote equal treatment. What am I?

Human Rights Act 1993

What are some midwifery responsibilities or obligations under the Human Rights Act 1993?

- Provide equitable and culturally safe care.

- Treat every woman fairly and respectfully.

- Avoid discrimination.

- Advocate for the woman's rights.

I strengthened protection against discrimination and increased accountability in public services by extending the previous Act to cover government activities. What am I?

Human Rights Amendment Act 2001.

Guided by the Human Rights Amendment Act 2001, how can midwives provide equitable care?

- Ensure everyone has fair access to healthcare regardless of ethnicity, disability, gender, age, or other protected characteristics.

I established the Health and Disability Commissioner (HDC), an independent advocacy service, and the complaints process for health consumers. What am I?

Health and Disability Commissioner Act 1994

Why is accountability important for the midwifery profession under the Health and Disability Commissioner Act 1994?

- Maintains public trust.

- Encourages safe, high-quality care.

- Supports professional learning and quality improvement.

- Protects women, babies, and whānau.

I define criminal offences and establish legal duties to protect people from harm. What am I?

Crimes Act 1961.

What are some midwifery responsibilities or obligations under the Crimes Act 1961?

- Act to protect the mother and baby's safety.

- Report concerns appropriately.

- Document concerns accurately.

- Follow organisational protection policies.

- Seek advice and make appropriate referrals.

I provide ACC cover for treatment injuries and support rehabilitation and recovery. What am I?

Injury Prevention, Rehabilitation, and Compensation Act 2001

Guided by the Injury Prevention, Rehabilitation, and Compensation Act 2001, how could a midwife support recovery?

- Provide appropriate clinical care.

- Lodge or assist with an ACC claim if eligible.

- Document the injury and treatment accurately.

- Arrange referrals and ongoing follow-up.

Issued under the Privacy Act 2020, I apply specifically to health information and govern how health information is collected, stored, used, disclosed, and accessed by health agencies. What am I?

Health Information Privacy Code (HIPC) 2020

Why is it important for midwives to protect health information under the Health Information Privacy Code (HIPC) 2020?

- To maintain confidentiality and privacy.

- To ensure information is only used and shared appropriately.

- To promote trust between women and healthcare providers.

- To protect sensitive personal health information.

My purpose is to improve health outcomes for all New Zealanders, with a strong focus on achieving equity, particularly for Māori. What am I?

Pae Ora (Healthy Futures) Act 2022.

How can midwives contribute to the Pae Ora (Healthy Futures) Act 2022?

- Deliver culturally safe, equitable care.

- Partner with wāhine and whānau in decision-making.

- Advocate for equitable access to maternity services.

- Support Māori health aspirations and improve health outcomes.

I regulate how long health information must be retained. What am I?

Health (Retention of Health Information) Regulations 1996

Why is retention of records important for midwives under the Health (Retention of Health Information) Regulations 1996?

- Supports continuity of care.

- Provides a legal record of care.

- Assists with audits, investigations, and complaints.

- Protects both the woman and the practitioner.

I provide for the investigation of certain deaths to identify causes and opportunities to improve future care. What am I?

Coroners Act 2006.

How do findings improve and inform future midwifery care under the Coroners Act 2006?

- Improve clinical practice and patient safety.

- Inform national recommendations.

- Reduce maternal and perinatal mortality.

- Support quality improvement within maternity services.

I define legal terms relating to birth and oversee the registration of births and deaths. What am I?

Births, Deaths, Marriages, and Relationships Registration Act 2021.

What are some midwifery responsibilities or obligations under the Births, Deaths, Marriages, and Relationships Registration Act 2021?

- Complete the required Notification of Birth.

- Ensure any appropriate documentation is completed accurately.

- Explain any legal processes sensitively to whanau.

- Complete or arrange certification where appropriate.

I decriminalised abortion and recognised abortion as a healthcare service. What am I?

Abortion Legislation Act 2020.

What are some midwifery responsibilities or obligations under the Abortion Legislation Act 2020?

- Provide accurate, evidence-based, and unbiased information.

- Respect the woman's values and choices.

- Discuss available options and referral pathways.

- Maintain confidentiality and provide culturally safe, non-judgemental care.

- If the midwife has a conscientious objection, inform the woman promptly and provide information about alternative providers.

- Notify the Director General of Health within a month of performing service

I govern the legal adoption process in New Zealand and transfer parental rights to adoptive parents through a statutory legal process. What am I?

Adoption Act 1955.

What are some midwifery responsibilities or obligations under the Adoption Act 1955?

- Provide unbiased information and emotional support.

- Respect the woman's decisions and confidentiality.

- Refer her to the appropriate statutory agencies.

- Do not arrange or broker any adoption.

I provide the legal framework for protecting children once concerns have been identified and reported. What am I?

Oranga Tamariki Act 1989.

What may happen after a midwife has reported a concern under the Oranga Tamariki Act 1989?

- Oranga Tamariki can receive the Report of Concern.

- They assess the child's safety and wellbeing.

- They determine whether further investigation or intervention is needed.

- They coordinate support services or, if necessary, take legal action to protect the child.

I govern guardianship and care arrangements, placing the child's welfare and best interests at the centre of decision-making. What am I?

Care of Children Act 2004.

How may a midwife help whanau under the Care of Children Act 2004?

- Focus on the child's best interests.

- Remain impartial.

- Encourage communication between parents and family where appropriate.

- Seek senior advice or legal guidance if required.

- Document discussions and decisions accurately.

I promote child safety by focusing on what organisations and professionals must do to protect children. What am I?

Vulnerable Children's Act 2014.

Guided by the Vulnerable Children's Act 2014, how should a midwife respond if there is concern about child neglect?

- Follow the DHB/employer's Child Protection Policy.

- Recognise the signs of possible abuse or neglect.

- Document observations objectively.

- Discuss concerns with senior staff if appropriate.

- Make a Report of Concern according to organisational policy.

I aim to prevent family violence and protect people experiencing abuse. What am I?

Family Violence Act 2018.

Guided by the Family Violence Act 2018, what support or services may a midwife offer if concerned about abuse?

- Referral to family violence support services.

- Social work services.

- Women's Refuge or other specialist agencies.

- Safety planning.

- Police assistance if immediate safety concerns exist.

I provide parental leave entitlements and protect employment during parental leave. What am I?

Parental Leave and Employment Protection Act 1987.

Guided by the Parental Leave and Employment Protection Act 1987. Why is it important that midwives inform women about paid parental leave entitlements during pregnancy?

- Supports financial security.

- Allows parents time to recover from birth and adjust to parenting.

- Protects employment while caring for a new baby.

- Promotes parent-infant attachment.

- Supports breastfeeding and responsive caregiving.

- Improves health and developmental outcomes for babies.