|
|
|
Legal issues
Some of the laws pertaining to family planning matters are set out in the attached Legal Issues slides presentation. Have a look at this before we go on to look at some questions on other legal issues.
Activity: Becoming familiar with legislation
Some legal issues questions for you to think about. Have a look at the legal issues slides and then jot down your answers to the following questions: 
1. As practitioners we need to realise that there may be times when there will be a difference between our own personal belief systems and the law. What should we do if we have a conscientious objection to counseling women re prescribing contraception? 2. As we have said confidentiality is an important issue with contraceptive counseling and this applies to women of all ages. Which act clarifies the legal situation around contraceptive supply to young women under the age of 16? 3.Contraceptive counselling for young women often requires more care to ensure that intercourse is consensual and that they feel comfortable and informed regarding sexual activity. Where possible young women and men are likely to benefit if they have been able to discuss their decisions with a family member. In some instances however they may not feel comfortable doing this.
4. When are the times that health professionals can break confidentiality?
Now Click here for our opinions on questions 1-4
1. Health Practitioners Competence Assurance Act 2003, section 174. It is the duty of every health practitioner who is requested by a patient to provide any advice or other service with respect to contraception, sterilisation, or other reproductive health services, and who objects on grounds of conscience to providing the service to inform the patient that the service may be obtained from another health practitioner or family planning clinic.
2. Section 3 of the Contraception, Sterilisation and Abortion Act – Sale or disposal etc of contraceptives to children. Although doctors have been able to prescribe contraception to young women under the age of 16 years since the original act in 1977, section 3 was repealed on 7 September 1990. This then freed up the legislation and enabled young people to further wider access eg condom vending machines, information in school libraries. Although it is often useful if young people can dicuss sexuality issues at home, parental consent is not required for prescribing and indeed for many young people confidentiality is an important issue in these adolescent services.
3. Re CSA act and Crimes act --although at first glance there would seem to be a discrepancy here it is extremely important that we make it really clear to young women in this age group that their consultation is strictly confidential. WE WOULD NOT BE REPORTING YOUNG WOMEN OF ANY AGE for being sexually active UNLESS-see 4 below
4. The only times that confidentiality can be broken at any age is if the 3 Hs exist
- the patient is at risk of being harmed , (eg nonconsensual sex)
- harming themselves
- or harming some other person.
Video
Before prescribing contraception for young women -there are some issues that need to be discussed eg for this young woman it is obviously important to ensure that the sexual intercourse is consensual.
View the video "Consultation with a young woman" to see some of the important skills needed in talking to adolescents about sexuality issues. Some of this converstation is part of a HEADDS assessment (Home, Education, Activities, Drugs, Sexuality, Suicide/depression).
click to play, right click to download
Please be aware that this video will be updated this year as some of the advice given in it is no longer completely current- such as the advice around antibiotics whilst using the COC.
