Ethics and Legal Aspects Flashcards
Root Cause Analysis
Retrospective, structured analysis of adverse event
Required for sentinel events
Focused on the process not the individual
Seeks to uncover problems that increase the potential for error
Just culture
Individuals should not be held accountable for system failures over which they have no control
Characteristics of a just culture
Shared accountability
Staff responsible to identify and report hazards
Leadership: creates an open environment, promote learning and support safety
Simple human error
An “honest” mistake
At-risk behavior
Individual chooses a behavior in which the individual does not recognize the risk or perceives the risk to be justified
reckless behavior
Conscious disregard to take a known risk without justification
Confidentiality considerations
Education records must be kept in a secure location
HIPAA. Patient records must be de-identified
Academic student records: FERPA (Family educational rights and privacy act). Protects student records
Managing conflict of interest
Obtain disclosure of relevant relationships from all individuals controlling content
Remove individual from participation
Revise the role of the individual so COI not relevant
Do not offer CE for all or part of activity
Evaluate content for bias and actively monitor
Evaluate content and obtain feedback about commercial bias
Commercial support
Funding organization may not provide or joint-provide educational activities
May not participate in planning
Written agreement is required
Provider must make payment for all expenses
Must maintain records of all payments
Must use commercial support only for expenses related to the CNS activity
Must disclose commercial support to participants
Copyright
Limited monopoly on what you create
Protects original works of authorship
Does not cover ideas or facts, but how the idea is expressed
Length of copyright is the life of the author + 70 years
Copyright law does not apply to
Works that have not been fixed in a tangible form
Ideas, facts, procedures, concepts, principles, processes
Common property such as height/weight charts, rulers, calendars
Titles, names, phrases, symbols or slogans
Fair use doctrine
Allows for reproduction of a work without permission for specific purposes: criticism, scholarship, comment, news reporting, research considering:
Purpose and character of the use
Nature of the copyrighted work
Amount and substantiality of the portion used in relation to the copyrighted work
Effect of the use upon the potential market
Creative Commons licensing
Designed to promote information sharing
Allows use of intellectual property under certain circumstances
Licensure
Granted by a state governmental agency; time-limited permission for an individual to practice in a particular profession after demonstration of meeting minimal requirements of competence
Certification
Voluntary, granted by non-governmental agency, time limit limited recognition of individuals for meeting advanced standardized criteria, use by profession to differentiate members
Accreditation
Voluntary, granted by non-governmental agency, time-limited recognition of organizations for meeting standardized criteria
Root cause analysis steps
Identify event and gather information Select team Describe what happened Identify contributing factors Identify the root causes Design and implement changes to eliminate the root causes Measure success of changes
Accountability
Answerable to oneself and others for one’s own actions
Assault
A threat or attempt to physically harm another individual
Autonomy
The right of a person to self-determination
Beneficence
Doing good too and for learner
Bullying
Repeated, unwanted harmful actions intended to humiliate, offend, and cause distress in the recipient
Confidentiality
Protecting personal information
Incivility
Rude and discourteous actions, of gossiping and spreading rumors, and refusing to assist a coworker. All to diminish the dignity of a coworker and violate professional standards of respect.
Justice
Fair and equitable distribution of resources
Nonmaleficence
Avoiding harm to learners
Veracity
Telling the truth
Workplace violence
Physical assault, threatening behavior or verbal abuse occurring in the workplace
ANA code of ethics
Diversity awareness
Commitment to learners – both individuals and groups
Recognition of the rights of the individual learner
Accepting and promoting accountability for personal practice
Engaging in and developing professional development activities
Promoting and maintaining an ethical work environment
Advancing the nursing profession and NPD specialty through scholarly activity
Promoting and engaging in interprofessional collaboration to protect human rights
Advocating for the specialty and profession
Plagiarism
Improper use or failure to attribute another persons writings or ideas
