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Ethics > Chapter Five > Flashcards

Chapter Five Flashcards

1
Q

What is Fair labor standards act (FLSA)

A

of 1938 sets minimum wage limits, regulates overtime pay standards, and establishes guidelines for youth employment

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2
Q

All employers must comply with the FLSA, except who?

A

small, independently owned construction, retail, and service businesses

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3
Q

What is the Equal Pay Act

A
  • prohibits sex-based wage differences between men and women employed in the same establishment who perform jobs that require equal skill, effort, and responsibility and that are performed under similar working conditions.
  • This act does not mean that men and women will always receive the same pay, because other factors also help determine an employee’s pay rate (e.g., years on the job, education).
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4
Q

What is the family and medical leave act?

A
  • requires employers, given qualifying circumstances, to allow employees up to 12 weeks of unpaid job-protected leave each year after at least 1 year of employment that includes at least 1,250 hours of work.
  • The 12 weeks can include sick leave and vacation time already provided by the employer; it does not have to be in addition to it.
  • An employee can request leave for the birth and care of an infant; adopting or accepting a foster child; care of a sick child, spouse, or parent; or the employee’s serious health condition.
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5
Q

What is the affordable care act?

A
  • (into law in March 2010), which includes a requirement that employees provide reasonable break time for new mothers to pump breast milk.
  • This requirement lasts for 1 year after the birth of a child and includes an appropriate setting for expressing the milk, which excludes bathrooms.
  • This Act also requires businesses to provide some form of healthcare insurance if they have more than a certain number of full-time employees.
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6
Q

All the laws are overseen and enforced by who? What is an exception?

A

All of these laws are overseen and enforced by the Wage and Hour Division of the U.S. Department of Labor, except for the Equal Pay Act

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7
Q

What is the Equal Pay Act overseen by?

A

the Equal Pay Act is a provision of the Fair Labor Standards Act (FLSA), it is actually overseen by the Equal Employment Opportunity Commission (EEOC)

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8
Q

The EEOC also oversees several other laws important to healthcare professionals: (5)

A
  • Civil Rights Act
  • Age Discrimination in Employment Act
  • Rehabilitation Act
  • Pregnancy Discrimination Act
  • Americans with Disabilities Act (ADA)
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9
Q

What is the Civil Rights Act of 1964? Title VII?

A
  • prohibits the discrimination of anyone based on sex and race during the hiring, promoting, and firing processes.
  • Title VII of this act changes the wording to prohibit employment discrimination on the basis of race, color, religion, sex, or national origin (National Archives, n.d.).
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10
Q

What is age Discrimination in Employment Act of 1967

A

prohibits employment discrimination against individuals 40 years of age or older

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11
Q

What is the Rehabilitation Act of 1973? Who does this act apply to?

A
  • requires that employees not discriminate against qualified individuals based on disability.
  • This means that if a disabled individual is able to perform the job duties required with minimal accommodations from the employer, he or she is protected from discrimination.
  • This act only applies to organizations receiving financial assistance from the federal government
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12
Q

What is The Pregnancy Discrimination Act of 1978

A
  • amends Title VII of the Civil Rights Act.
  • This act makes it illegal for an employer to refuse to hire a woman because she is pregnant. It also prohibits firing a woman who is pregnant simply because she is pregnant or forcing her to go on maternity leave
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13
Q

What is the Americans with Disabilities Act (ADA) of 1992

A
  • prohibits discrimination of individuals with physical or mental disabilities
  • It extends the Rehabilitation Act of 1973 to all employers with at least 15 employees.
  • Any substantial physical or mental impairment that limits at least one significant life activity (e.g., walking, cognition, breathing, communication, seeing) is considered a disability.
  • This act includes individuals with AIDS and HIV infections.
  • It also applies to past disabilities and association with someone who is disabled.
  • The ADA covers some cases of rehabilitated drug addicts and alcoholics, as well as some instances of obesity
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14
Q

When can the employers legally refuse to hire an individual?

A
  • if the employer can prove that the expense of such accommodations would cause an undue hardship on the business, the employer can often legally refuse to hire the individual.
  • In addition, the person with a disability would need to be able to perform specific job functions similar to other employees, and job offers can be contingent on a medical examination, but only if the examination is required of all potential employees.
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15
Q

what if an employee does feel that he or she has been a victim of discrimination?

A
  • According to the EEOC, any suspected cases of discrimination may be filed in person, by mail, or by phone at the nearest EEOC office.
  • There are specific guidelines for filing charges based on the offense.
  • Generally, an individual has 180 days to file a complaint for violations of the Civil Rights Act, the Americans with Disabilities Act, or the Age Discrimination Act
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16
Q

What happens if the EEOC determines that discrimination has occured?

A
  • it will first contact the employer and attempt to conciliate.
  • Conciliation might involve asking the company to hire or rehire, promote, or award back pay to the victim of discrimination.
  • The employer might also be fined and forced to make policy changes.
  • If this attempt at conciliation fails, the EEOC will file a lawsuit on the victim’s behalf.
  • It is also possible for the victim to hire a private lawyer and sue the employer at his or her own expense
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17
Q

What are questions that should and should not be asked during an interview?

A
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18
Q

What happened in the Hall v. Nalco company?

A
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19
Q

What does COBRA allow?

A
  • the Consolidated Omnibus Budget Reconciliation Act of 1985 refers to an employee’s right to purchase healthcare benefits available from his or her employer for a certain length of time
  • The employee generally pays the same premium as the employer
20
Q

What are other options for health insurance coverage?

A

the Affordable Care Act, which also prevents refusal of coverage due to pre-existing conditions or a brief lapse in coverage.

21
Q

Occupational Safety and Health Act is administed by who? What is it responsible for?

A
  • which is administered by the Occupational Safety and Health Administration (OSHA).
  • OSHA is responsible for regulating the safety and health conditions of most private and public work environments.
  • Employers are responsible for maintaining a safe work environment for employees and patrons
22
Q

What industry has the most work injurys

A

According to OSHA’s website, more workers are injured in healthcare and social services indus- tries than in any other industry

23
Q

What are the risks for injuries include for healthcare?

A

■ Exposure to bloodborne pathogens, biologic hazards, chemicals, and drugs
■ Ergonomic hazards from lifting and repetitious tasks
■ Workplace violence
■ Laboratory hazards
■ Exposure to radioactive materials, including x-rays
(United States Department of Labor, n.d.).

24
Q
  • How many workers die on the job every day?
  • How many workers are seriously injured on the job every year?
A
  • 12
  • 3.3 mill
25
Q

The Occupational Safety and Health Administration was founded by who? What was the original focus?

A
  • ounded by President Richard Nixon in 1971
  • The original focus was on the following industries: marine cargo handling, roofing and sheet metal work, meat products, and lumber products
26
Q

What happened at acadia hospital?

A
27
Q

What is the scope of practice?

A

In an effort of practice of each profession

28
Q

What is important?

A
  • It is important to be familiar with the various roles in health care, not only for yourself but for patients as well.
  • If a patient has a specific need that is outside of your scope of practice, you should take time to explain this to the patient and direct him or her to the appropriate professional.
  • Knowing which healthcare professional can best serve his or her needs can help alleviate the patient’s anxiety and give him or her knowledge to promote self-advocacy in the future.
29
Q

Knowing the various roles of healthcare professionals can help what?

A
  • overall relations in the workplace.
  • For example, if a dietician repeatedly asks a CNA for a patient’s medication list, it might frustrate the CNA to have to explain that most states do not allow CNAs to distribute medications and that this task falls under the registered nurse’s scope of practice.
  • Awareness of job duties helps to stream- line the multiple tasks that healthcare professionals are faced with on a daily basis
30
Q

Certain standards of professionalism must be observed in an effort to provide a safe environment for patients. What are some standards>

A

■ Keeping up to date with training and education in your field.
■ Addressing the health needs of society.
■ Complying with laws and regulations governing your field.
■ Acting in a trustworthy manner toward patients, employers, and fellow employees.
■ Completing job tasks in a prompt and dependable manner.

31
Q

What are various healthcare professions?

A

page 80-81

32
Q

When conflicts do arise, it is best to first approach how?

A
  • the fellow healthcare professional in a calm manner
  • If that is not successful, you may need to enlist the help of a supervisor.
  • If the conflict persists, but is truly just a conflict of personal values, the healthcare professional will have to decide whether the working environment is still tolerable or whether he or she might need to consider seeking employment elsewhere.
33
Q

What is The important thing to remember is that any personal conflicts between employees

A

need to be settled in a manner that does not involve or disrupt patient care. If it does, it might become an ethical violation

34
Q

How do you find your organizations code of ethics?

A
  • it is simple to find the code of ethics for your professional organization by searching on the internet.
  • Nearly all professional organizations have websites dedicated to professionals and the public.
  • These websites provide information on licen- sure, certification, careers, continuing education, and professional codes of ethics
35
Q

Professional Association of Health Care Office Management (PAHCOM): Code of Ethics (2012)

A
36
Q

Common Healthcare Professions and Their Professional Organizations

A
37
Q

In addition to professional organizations, most states have laws related what?

A
  • to licensure and certification.
  • These medical practice acts vary from state to state and serve to govern the practice of medicine.
38
Q

Once a healthcare professional obtains a degree, he or she will need to obtain what?

A
  • obtain a license or certificate from the state in which he or she wishes to obtain a job.
  • Information on licensure and certification can be found through the websites of the organizations
  • If a healthcare professional moves to a new state, he or she will be required to apply for a new license or certificate to legally practice in that state.
39
Q

What steps should be taken to report an ethics violation?

A
  • In general, ethical violations should be reported at the place of employment first.
  • If you feel comfortable, it might be beneficial to approach the fellow employee first. Sometimes a coworker is not aware that his or her behavior is unethical and simply needs a reminder.
  • If that is out of your comfort zone, you might consider notifying your supervisor.
  • Most facilities also have an anonymous box to report ethics violations.
  • If your supervisor is the one behaving unethically, it might be necessary to file a complaint at the state medical society or licensing board. Some states allow anonymous complaints to be filed, but certain states no longer allow complaints to be filed anonymously
40
Q

If the complaints are anonymous, what is not possible

A

it is not possible for the filer to prove that he or she was discriminated against for filing a complaint. The new policy is to keep the complaints confidential

41
Q

What happens once a complaint is filed?

A
  • the licensing board completes an investigation, seeking evidence and witnesses, as necessary.
  • After the investigation, the board reviews the findings and determines if there is enough proof to support the claim.
  • If a healthcare professional is found to have committed an ethics violation, there is a risk of civil penalties, as well as the possibility of job loss and loss of license.
  • No criminal charges can be filed for strictly ethical violations.
  • In some cases, the healthcare professional may be required to pay restitution to the affected parties.
  • When making these decisions, the state licensing board will determine whether to suspend or revoke the employee’s license.
  • It is up to the employer whether to discipline or terminate the employee
  • Several options are available to the employer based on the severity of the violation and the number of violations the healthcare professional has had in the past.
42
Q

An employer that decides to discipline the healthcare professional rather than terminate him or her might use what?

A

progressive discipline model

43
Q

What is the purpose of progressive discipline model

A

is to encourage the employee to improve job performance, rather than to punish

44
Q

What are steps in progressive discipline model?

A
  1. Provide counseling or a verbal warning.
  2. Give a written warning with specific guidelines for improved performance.
  3. Suspend or demote the employee.
  4. Terminate the employee.
45
Q

Any actions leading up to the termination, what must happen?

A
  • must be well documented
  • Specifics must be discussed with the employee including all reasons for termination, steps taken to counsel the employee about the problem, and details about when employment will end
46
Q

If you are in a supervisory role, always be sure that an employee understands what?

A
  • his or her role in the workplace and that clear expectations are given
  • a systematic plan for evaluation (annually, for example) helps keep staff in line with standards and performance measures.
  • A thorough interview before hiring (or more than one) is always in order, though you cannot predict trouble in the future.

Ethics (9 decks)

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