Ethical and Legal Issues Flashcards
What are the core values of OT?
Altruism
Equality
Freedom
Justice
Dignity
Truth
Prudence
Altruism
demonstration of unselfish concern for the welfare of others
Equality
all persons have fundamental human rights and the right to the same opportunities
Freedom
valuing each person’s right to exercise autonomy and demonstrate independence, initiative, and self-direction
Justice
occupational therapy personnel provide occupational therapy services for all persons in need of these services and maintain a goal-directed and objective relationship with recipients of service
Dignity
importance of valuing, promoting, and preserving the inherent worth and uniqueness of each person
Truth
occupational therapy personnel in all situations should be faithful to facts and reality
Prudence
the ability to govern and discipline oneself through the use of reason
What are the principles of the OT Code of Ethics?
Beneficence
Nonmaleficence
Autonomy and confidentiality
Social justice
Procedural justice
Veracity
Fidelity
Beneficence
The duty to act in the best interests of the client. Beneficence implies action of “kindness, mercy, or charity.
Nonmaleficence
Do no harm.
To act with nonmaleficence, the therapist must have a basic knowledge of client diagnosis, needs, and appropriate treatment protocols. In addition, the therapist must provide the appropriate standard of care and take precautions not to cause needless injury or harm.
Autonomy and confidentiality
The right of individuals to be self-determining and in control of their own destiny.
Confidentiality includes respecting the client’s privacy with regard to his or her medical condition and treatment and also following state and federal privacy laws and regulations, such as the Health Insurance Portability and Accountability Act (HIPAA) of 1996.
Justice
Social justice requires that healthcare providers perform services equally and fairly across all client groups—stressing access to care regardless of cultural, ethnic, or physical differences.
Procedural justice dictates that professionals have an ethical duty to comply with the rules and policies of their employers, the laws of the state or country where they are employed, and professional standards of conduct outlined by the licensing or credentialing authority.
Veracity
Therapists should be honest, truthful, and law-abiding individuals in all situations.
Fidelity
Fidelity involves treating service providers, clients, and others with respect.
Standard Duty of Care
Medically (or educationally necessary)
ADD
Evidence-Based
Based from the OT Framework
Duty of Care
With out prejudice
Suitability of the client (based on your experience and education) and (for rehab in general)
Legal and moral obligation to assure safety (mandated reporting)
OT Compact Legislation
The Occupational Therapy Licensure Compact (OT Compact) is an interstate compact, or formal agreement among states, that facilitates interstate practice of occupational therapy.
Under the OT Compact, Occupational Therapists (OTs) and Occupational Therapy Assistants (OTAs) who are licensed in good standing in a Compact member state may practice in other Compact member states via a “compact privilege,” which is equivalent to a license.
What is the role of ASBOT?
Initial License
Disciplinary Roles
Assure safety and well being of state residents
- May allow or disallow certain things, if they don’t speak on it in the practice act, it is assumed there is no problem with it
* Modalities
- Continuing education requirements
- Supervision requirements
- Protection of the “L”
- AOTA’s role
What are the exceptions to HIPAA?
Potential harm to the client
Potential harm to others
What is fraud?
Intentional
What is abuse? (like the documentation kind)
Unintentional
Against medical norms
Not in the best interest of the patient
What is a power of attorney?
The authority to act for another person in specific or all legal and financial matters
- Does not continue after death
- Will not allow you to change a WILL
- Requires best interest of the principal (person)
- Cannot change it to someone else
Can be revoked
What is a medical power of attorney of healthcare proxy?
Allows the holder to:
- Choose doctors
- Decide on medical
- Determine housing placement
- Dictate diet (tube or IV feeding)
- Select caregivers
IF THE PRINCIPAL IS UNABLE TO DO SO!!
Can be revoked
What is a living will or healthcare directive?
Your medical wishes are known
- DNR-Do Not resuscitate
Not part of the medical record
- Unless you provide it
- Loved ones may not know about it or provide it
Issues pop up at end of life (when you need it)
- Are you understanding what you are requesting
People can still argue with it
- What some words mean
* Quality of life
- Physician’s medical reasons
* Memory care unit vs nursing home
What is guardianship?
Occurs when an individual is incapacitated
- CLINICALLY DIAGNOSED
All aspects
- Medical
- Financial
- Even if the principal is opposed
It doesn’t matter if principal protests
What is a last will and testament?
Does not go into effect until death
Executor
Probate
- 6 months
What are common risks of elder abuse?
Family problems (high stress)
History of abuse
Social, financial isolation or dependence
Physical, cognitive dysfunction in caregiver
Inadequate housing
What are signs of elder abuse?
Depression
Fearful
Withdrawal
Explained injuries or injuries that don’t fit
Delays in seeking medical care
Signs of dehydration or malnutrition
Evidence of poor care
- Dirty, wounds, same clothing etc.
Neglect-not always intentional
What do you do in the case of elder abuse?
Follow policy
Report to supervisor
- Document
Social workers or other support people
Hotlines
Police
