Hi all
I have recently run some workshops for health sciences clinicians who host
students on fieldwork. I was able to provide some information about the
Australian Anti-Discrimination Act, The Privacy Act, the University policy
on privacy, risk management & duty of care. There were always one or two in
these groups who were vocal about their "concern" with taking on students
with a disability (in this case arising from mental illness). I am sure its
got something to do with maintaining the "standards of their profession" and
their inability to see a person who might normally be a "client" as a peer.
In all cases of practitioners being "concerned", there was a concern with
the student being able to do everything that they themselves are required to
do in their own work role. This, I would say, goes back to the Professional
Associations who set the standards that all students must attain within a
course accredited by them. I suggest then, that their standards (skills of a
practitioner), accreditation standards and thus curriculum is inherently
discriminatory if it doesn't have the flexibility to allow a student the
choice of directing their skills toward a particular professional context
where their performance will not be hindered by a disability . What if, for
instance, a student with Quadriplegia wanted to study physiotherapy, not
because they want to practice it but to research it? Shouldn't they be
assisted to study what they want? Why is it the business of the
Professional associations and practitioners what a student wants to do with
their skills and knowledge? Maybe its the inability to see a person with a
disability in any other way than as a client?
> Brief notes for access to nursing education by disabled students based on
a
> case study sent to the disability-research list
> (it concerns with the UK context: Disability Discrimination Act
(DDA)(1995)
> and Special Educational Needs and Disability Act (SENDA) (2001)
>
>
> It was stated by parents of a student with attention deficit/
hyperactivity
> disorder (ADHD) in a foundation nursing course that:
>
> "My daughter Sian was diagnosed with ADHD in 1997. Since then she has
been
> on Ritalin, purely for concentration reasons. She is now 16 and has just
> finished her GCSE's. She has obtained good results which have enabled her
> to start a pre-nursing at the beginning of September at the Cambridge
> Regional College. She is currently spending 3 days a week at the college
> and 2 days at Addenbrookes Hospital. Sian has had to fill in an
> occupational health form which has resulted in a various telephone calls
> asking for additional information. Information was only provided by
Sian's
> consultant, which was seen and approved by us. The occupational Health
> department at the hospital have now informed us via the college that Sian
> will no longer be able to continue as because she may lose concentration
> when on the ward and consequently put a patient at risk. This decision
was
> made by a doctor who has had no personal contact with Sian in order to
> assess her. Any advice or information that you could provide would be
> greatly appreciated. In particular we would like to hear from anybody who
> has been in the same or similar position, especially if they work in a
> hospital with ADHD."
>
> ___________________
>
> Due to the importance of this case for public policy purposes, this short
> note is sent to the list. It is a brief note rather than an exhaustive
one.
>
> A research project at City University, London, the UK has looked in recent
> months into the public policy issues regarding access to nursing education
> in the light of the revived limited debate on the DDA and SENDA in the
> public domain as a part of a larger project.
>
> Nursing education as a type of professional education where access to the
> professions are regulated by the accrediting bodies and the employer
> organisations, it lies between the higher education and employment as can
be
> seen from this case study where the student shares her time between the
> college and hospital.
>
> This is not unique to the UK context only, it applies globally such in the
> US where the first supreme court case on the Americans with Disabilities
Act
> (1990) was concerned with a deaf student in a foundation nursing course
> similar to this case.
>
> Furthermore the issues raised in that case was raised in this case too:
> safety issues.
>
> The SENDA excludes the work placements from its coverage (although it
> includes arrangements for the work placements based on draft regulations),
> and it is not clear whether students in the work placements could be
covered
> by the Part II (employment) provisions of the DDA, since the regulations
> under the SENDA covering professional education was delayed for further
> consultation.
>
> This case also raises issues on the role played by the medical experts.
> This case suggests that medical report was prepared without seeing the
> student. It is highly unlikely based on the legal history of the DDA Part
> II that this report could be upheld in the tribunals and courts. Courts
are
> increasingly critical of medical reports where there are substantial
> discrepancies between facts and the recommendations in these reports.
House
> of Lords (the highest court of the UK) recently found educational
> psychologists who prepare a medical report liable in the highly cited
Phelps
> case.
>
> Since the SENDA is not operational yet and it does not seem to cover work
> placements subject to regulations, the only option is to consider the DDA
> part II litigation, but there does not seem to be a precedent in this
area.
>
> Perhaps it would be helpful to cite the recent "Law Hospital NHS Trust"
case
> ( Scottish Court of Session case) to this hospital and ask them to make
> reasonable adjustments for this student in the work place rather than
> terminating her work in the hospital. It would also be helpful to remind
the
> hospital the Phelps case as an additional measure.
>
> Having said this, this case is likely to be the iceberg of the issues
faced
> by disabled students in access to nursing education and or other
> professional education. On the positive side, nursing education community
> seems to be aware of these issues and seems to adapt a positive approach
> based on some personal experience as a researcher in recent months.
>
> It is perceived that the access to higher education by students with ADHD
is
> relatively neglected issue and therefore it is not surprising that these
> students would continue to experience such treatments.
>
> Hope this short note deals briefly with the issues arising from this case
> study.
>
> _______________________________________________________
> Ozcan KONUR
> Postal address: Rehabilitation Resource Centre (Walmsley Building Room
> W223), City University, Northampton Square, London EC1V 0HB, The United
> Kingdom.
> E-mail: [log in to unmask]
> Research project URL: http://www.student.city.ac.uk/~cx639/index.htm
> Phone: 020 7040 0271
>
>
>
> _________________________________________________________________
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>
> ________________End of message______________________
>
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>
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Best regards
Laurence Bathurst
School of Occupation and Leisure Sciences
Faculty of Health Sciences
University of Sydney
PO Box 170
Lidcombe NSW 1825
Australia
Ph: 61 2 9351 9509
Fax: 61 2 9351 9509
Email: [log in to unmask]
Home Ph: 61 2 9818 2050
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Lost : - My leisure. If found please return it to me -
it has great sentimental value and holds many fond memories.
Lost : - My self. Last seen within my leisure
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----- Original Message -----
From: "Ozcan KONUR" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Saturday, October 13, 2001 6:32 AM
Subject: Re: nursing education stopped for person with AD/HD
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