Essay: Legislation that impacts healthcare

The human rights act 1998 is recognised that the individuals that use the healthcare have the rights to privacy and dignity at all times whilst using the healthcare settings (HCA, 1998). These are important parts of the healthcare that is provided during the delivery of the care that is given between a nurse and patient relationships (HRA, 1998).
The mental capacity act (2005)shows that particular nursing skills are to be considered further in relation to the care provided within the healthcare settings (Baille, 2014). The Mental Capacity Act is there to protect those vulnerable people who lack capacity. The Mental Capacity Act also supports individuals who have capacity to help choose for the future (MCA, 2005). All professionals have a duty of care to comply with the code of practice. The five statutory principles underpin all the acts that are carried out. Anyone who cares for or who is supporting a person who may lack capacity may be involved in assessing that persons capacity. The mental capacity act (2005) provides every adult the right to make a decision. Also to be assumed to have the capacity to do so unless this is proved otherwise. This means that an individual cannot make a decision just because there is a particular medical condition or disability (MCA, 2005). Each individual must be given all help that is available before been given a decision that the individual cannot make a decision. The medical condition or disability the individual has does not mean that the individual cannot make a decision. The individual may find that making a decision regarding the financial side is to be made by a family member. Every effort towards the individual must be encouraged and to offer support for the individual to make decisions regarding health. If under the mental capacity act (2005) that the individual lacks capacity, it is still very important that the individual has the right to make a decision. No one is to be treated by presuming that capacity is lacking.
The equality act (2010) is aimed at protecting all individuals of discrimination. This act has been established to protect the characteristics of the act against gender reassignment, marriage and civil partnership, pregnancy and maternity, race, sex and orientation, religion and belief. Within the healthcare settings there has been evidence of discrimination (Baille and matiti, 2013). This behaviour against the persons that are being treated diminishes greatly. The UK commission has also highlighted that the elder generation of today continue to experience discrimination against them to this day (dignity in care, 2012). Mencap (2004) a UK charity has been complaining for the equal rights for all individuals with learning difficulties do continue to be directed with direct discrimination from the NHS staff whom treat them fail to provide dignity and respect (Mencap, 2012). It was also highlighted that the legal requirements must provide equality within the healthcare setting. This including individuals with learning disabilities (Mencap, 2012).
The health and safety at work act (1974) provides the safe operation of any work environment. Within the act it also provides the maintenance to the safety access and handling, storage of any dangerous substances. Ensuring adequate health and safety and training for employees (HSE, 2012).
The Data Protection Act (DPA, 1998) controls how personal information is used by organizations, businesses and the government. Data protection principles should be followed by all that use the data protection act (DPA, 1998). Each individual must make sure that the information is used fairly and lawfully, only used for limited and specifically stated purposes, also ensuring that it is adequate, relevant and not to excessive (Steffey, 2016). while following this information it should also be accurate and that it should not be kept for any longer than it is absolutely necessary, handled accordingly to protect people’s protection rights, that it is also kept safe and secure and not to be transferred outside of the EU without providing adequate protection (GOV, 2015).