FINAL Flashcards
6 steps of ethical decision making
- gathering information
- identify the ethical problem (moral distress, ethical dilemma, locus of authority)
- theory or approach
- look at alternatives, explore options and how do you do it
- act
- evaluate the process and outcome
conscientious objection
- act of resistance or defiance against existing practices, policies, laws, and other expectations that others in the persons position has agreed to
- you cannot object in an emergency, if the burden is too much on other employees, or if you are discriminating
- act of resistance of defiance against practices, laws in place
- asking to be exempt
- can never be used to discriminate others (saying no to an abortion because of race)
- cant be used if you applied knowing their practices
- if it is an emergency and everyone is needed you cant object
- health care workers refuse to participate in lethal injection
- clinical suicide
- abortion
- force feeding
material cooperation
- a way to think of justification for wrong doing
- cooperation with wrongdoing is easier to justify if it would be done with or without you
- you are not responsible for the wrongdoing yourself you are apart of the group
- the more remote the personal cooperation the better
- benefits must outweigh the wrongdoing
- going against company policy -> agree to cooperate
confidentiality
- duty
- practice
- ethical issue
- trust
- relationship
privacy
- a legal issue
- a right
- the right to privacy gives legal standing to the ethical principle of confidentiality
- law that upholds the practice of confidentiality
confidentiality is lost in return for:
- insurance coverage
- employment
- application for government benefits
- investigation of health and safety at work site
- if the pt is threatening to harm self or others
- state specific:
- communicable disease
- occupational diseases
- wounds of violence
- suspected abuse
- loss of consciousness
HIPAA
-1996
-
who is covered by HIPAA
- applies to covered entities
1. a health plan
2. health care clearing house
3. health care provider who transmits any health information in electronic form in connection with a transaction
health care clearing house
-the term health care clearing house means a public or private entity that processes or facilitates the processing of nonstandard data elements of health information into standard data elements
FERPA- Family education rights and privacy act
-education and certain other records subject to, or define, in the family educational rights
permitted uses and disclosures
- a covered entity is permitted, but not required, to use and disclose protected health information, without an individuals authorization, for the following purposes or situations:
- to the individual (unless required for access or accounting of disclosures)
- treatment, payment, and health care operations
- public interest and benefit activities
- limited data set for the purposes or research, public health or health care operations
Privacy rule (HIPAA)
- individual has a right to adequate notice of how a covered entity may use and disclose protected health information about the individual.
- Covered entities must develop and provide individuals with this notice of their privacy practices
- the notice of privacy practice must be available to patients upon request
- the notice must be posted in a prominent location of the facility
Department of Health and Human Services, Office for Civil RIghts (OCR)
responsible for administering and enforcing privacy rule and may conduct complaint investigations and compliance reviews.
HITECH Act
- 2009
- created to promote the use of electronic health records (EHR) by covered entities
- expanded the requirements for:
- data breach notification
- protection of electronic PHI
breach notification rule
-requires covered entities and their business associates to notify the OCR and patients impacted of a breach of unsecured PHI
what is ethics
- systematic reflection on, and analysis of morality
- goal is to arrive at a caring response
- primary loyalty is to the pt
- A process that sees ‘what is’ and asks ‘what really ought to be?’
nonmaleficence
- do no harm
- passive
- refrain from abuse
- will my actions hurt the patient?
beneficence
- active
- prevent harm
- remove harm
- positive good
- can you benefit the patient?
2nd level principle
- veracity
- if the pt trusts you, you can form a good relationship
- maintains fidelity
therapeutic privilege
- details are too much for the pt to handle at one time -> they may cause harm to others or themselves
- withholding info for the best interest of the pt
- used as a last resort
- exception to veracity