Legal & Ethical Flashcards
The HIPAA law was passed by congress in-
1996
What does HIPAA protect?
Health insurance benefits for workers who lose or change jobs
Also protects people with preexisting medical conditions
What is ethics?
The moral principles that govern a person’s behavior or the conducting of an activity
What’s morality?
Personal values, character, or conduct of individuals within communities or societies
Ethical principle can be used with what to determine a course of action?
Clinical judgement
What is an ethical principle?
A general guide, basic truth, or assumption
What are the 4 ethical principles?
Beneficence
Nonmaleficence
Autonomy
Justice
What is a code of ethics?
Set for a profession. Makes their primary obligations, values, and ideals explicit
What’s provision 1 of the ANA Code of Ethics?
The nurse practices within compassion and respect toward every person
What’s provision 2 of the ANA Code of Ethics?
The nurse promotes and advocates for and protects the rights, health, and safety of the patient
What’s provision 3 of the ANA Code of Ethics?
The nurse’s primary commitment is to the patient; whether it be an individual, family, group, community, or population
What’s provision 4 of the ANA Code of Ethics?
The nurse has accountability, authority, and responsibility to promote health and safety, preserve the wholeness or character and integrity, maintain competence, and continue personal and professional growth
What’s provision 5 of the ANA Code of Ethics?
The nurse owes the same duties to self as others, including the responsibility to promote health and safety, preserve wholeness of character and integrity, maintain competence, and continue personal and professional growth
What’s provision 6 of the ANA Code of Ethics?
The nurse, through individual and collective effort, establishes maintains, and improves the ethical environment of the work setting and conditions of employment that are conductive to safe, quality health care
What’s provision 7 of the ANA Code of Ethics?
The nurse, in all roles and settings, advances the profession through research and scholarly inquiry, professional standards development, and the generation of both nursing and health policy
What’s provision 8 of the ANA Code of Ethics?
The nurse collaborates with other health professionals and the public to protect human rights, promote health diplomacy, and reduce health disparities
What’s provision 9 of the ANA Code of Ethics?
The profession of nursing, collectively through its professional orgs, must articulate nursing values, maintain the integrity of the profession, and integrate principles of social Justice into nursing and health policy
In addition to publishing the code of ethics, what else was established to help nurses navigate ethical and value conflicts and life-and-death decisions?
The ANA Center for Ethics & Human Rights
What is beneficence?
Moral duty to promote the course of action that they believe is in the best interests of the patient
What is non-maleficence?
Doing the least amount of harm necessary while trying to achieve the best possible outcome for the client
What is autonomy?
Self-regulation. Independence
What is justice?
Impartial, fair, and equitable standards and care for all clients
What is social justice?
Change in health policy aimed at analysis and critique of social structures, laws, and customs that harm groups through exclusion. Every person has the right to quality health care
What does HIPAA establish?
Standards to protect the privacy of personal health info
What does the Emergency Medical Treatment & Active Labor Act (EMTLA) do?
Requires facilities to provide emergency medical treatment to patients who seek healthcare in the emergency department regardless of ability to play (socioeconomic status), legal status, or citizenship status
The EMTLA sets forward the obligation for medical facilities to always-
Provide medical screening to determine whether an emergency exists and to stabilize the patient before transferring them to another healthcare facility
The Patient Self-Determination Act of 1991 does what?
Recognizes the patients right to make decisions regarding their own healthcare provider, regarding the medical or surgical treatment options available, the benefits, risks, and alternatives
What are 2 types of legal written advance directives-
The Living Will
Durable Power of Attorney for Healthcare
What’s a Living Will?
Prepared by a competent individual that gives direction to other’s about the person’s wishes regarding life-prolonging treatments if the person becomes unable to make those decisions
What’s a Durable Power of Attorney for Healthcare?
Identifies a person who will make healthcare decision in the event the patient is unable to do so. The person given the right to do so. The person given the right to do so is called the surrogate decision maker