NURSING INFORMATICS Flashcards
Policies, Guidelines and Laws in Nursing Informatics
Intellectual Property Law
Copyright Law
Privacy of Personal and Public Domains
Netiquette Rules and Guidelines
Nursing Information System Team
Health Care Team
IT Team
Listserv and Newsgroup
PRIVACY ACT OF 1974
allows citizens to know what information
is collected about them, assure the veracity of that data
and obtain copies of the information
JCAHO ← Joint Commission on Accreditation of Healthcare
Organizations
a private organization that has been used since 1965 to
accredit hospitals and facilities, which allowed for their
participation in Medicare
HITECH ACT ← Health Information Technology for Economic
and Clinical Health (HITECH) Act of 2009
empowers the Federal Department of Health and Human
Services (HHS) to oversee the promotion of Health IT—
including quality, safety and security as well as the
secure information exchange.
HIPAA ← Health Insurance Portability and Accountability Act
(HIPAA) of 1996
enacted to allow for the cont=inuance of health
insurance coverage in situations involving job changes or
loss.
AFFORDABLE CARE ACT OF 2010 ←
← set up to fundamentally
change the way people are insured
goals include lowering healthcare costs and making
coverage accessible to previously uninsured people
FDASIA ← Food and Drug Administration Safety and
Innovation Act of 2012
resulted in the collaboration of the HHS and FDA to
recommend a regulatory framework for Health IT to
improve mobile applications and other means to
promote patient safety and innovation in healthcare
delivery.
MACRA ← Medicare Access & CHIP (Children’s Health
Insurance Program) Reauthorization Act of 2015
intended to ensure that physicians are paid fairly, that
Medicare Part B costs are controlled, and that
healthcare is improved.
21ST CENTURY CURES ACT ←
passed by both houses of
Congress and signed into law by President Obama in
December 2016
The goals for all, though, are the same:
to “help modernize and personalize health care,
encourage greater innovation, support research, and
streamline the system,” according to the act’s mission
statement.
21ST CENTURY CURES ACT ←
Intellectual Property law
← deals with laws to protect and
enforce rights of the creators and owners of inventions,
writing, music, designs and other works, known as the
“intellectual property.”
There are several areas of intellectual property including
copyright
trademarks
patents
trade secrets
TYPES OF INTELLECTUAL PROPERTY
Copyright (Author’s right)
← legal term used to describe the
rights that creators have over their literary and artistic
works
2 types of rights under copyright:
Economic rights
Moral rights
Economic rights
← allow the rights owner to derive
financial reward from the use of their works by
others
Moral rights ←
protect the non-economic interests
of the author
How can I obtain certified proof of existence for my
creative work?
Using WIPO PROOF complements voluntary copyright
registration systems by offering creators the
possibility of recording and digitally certifying
possession of the work. This digitally encrypted proof,
which cannot be modified, can certify the existence
of the work at a moment in time.
Is a patent valid in every country?
Patents are territorial rights
How long does a patent last?
The protection is granted for a limited period,
generally 20 years from the filing date of the
application.
What kind of protection does a patent offer?
In principle, the patent owner has the exclusive right
to prevent or stop others from commercially
exploiting the patented invention.
Trademark ←
a sign capable of distinguishing the goods or
services of one enterprise from those of other enterprises
How can I protect my trademark?
National/regional level
International level
What rights does trademark registration provide?
In principle, a trademark registration will confer an
exclusive right to the use of the registered trademark.
This implies that the trademark can be exclusively
used by its owner, or licensed to another party for use
in return for payment.
How long does trademark protection last?
The term of trademark registration can vary, but is
usually 10 years.
Industrial Design ←
in a legal sense, it constitutes the
ornamental aspect of an article
What kind of protection does an industrial design right
offer?
In principle, the owner of a registered industrial
design or of a design patent has the right to prevent
third parties from making, selling or importing articles
bearing or embodying a design which is a copy, or
substantially a copy, of the protected design, when
such acts are undertaken for commercial purposes.
What kind of products can benefit from industrial design
protection?
from
packages and containers to furnishing and
household goods, from lighting equipment to jewelry,
and from electronic devices to textiles. Industrial
designs may also be relevant to graphic symbols,
graphical user interfaces (GUI), and logos
How are industrial designs protected?
needs to be
registered in order to be protected under industrial
design law as a “registered design”.
Geographical indication (GI) ←
← sign used on products that
have a specific geographical origin and possess qualities or
a reputation that are due to that origin
“Appellation of origin”
is defined in the Lisbon
Agreement for the Protection of Appellations of Origin
and their International Registration and in the Geneva
Act of the Lisbon Agreement on Appellations of Origin
and Geographical Indications.
“Protected Designation of Origin (PDO)” and
“Protected Geographical Indication (PGI)” a
are terms
used within the European Union.
What qualifies as a trade secret?
commercially valuable because it is secret
be known only to a limited group of persons
be subject to reasonable steps taken by the rightful
holder of the information to keep it secret, including
the use of confidentiality agreements for business
partners and employees.
Types of trade secrets
technical information,
commercial
information
RA 8293 ←
An Act prescribing the Intellectual Property Code
and establishing the Intellectual Property Office, providing
for its powers and functions, and for other purposes
RA 165
An Act creating a patent office, prescribing its
powers and duties, regulating the issuance of patents, and
appropriating funds therefore
RA 166
← An Act to provide for the registration and
protection of trade-marks, trade-names, and service marks,
defining unfair competition and false marking and providing
remedies against the same, and for other purposes
PRESIDENTIAL DECREE NO. 49
← Decree on the protection of
intellectual property
LAW
RA 8293: The Intellectual Property Code, as amended by
d by
RAs 9150, 9502, and 10372
The Revised Implementing Rules and Regulations (IRR) for
Patents, Utility Models and Industrial Designs Recently
amended by
Memorandum Circular No. 17-013
Copyright Law ←
← a form of intellectual property law, protects
original works of authorship including literary, dramatic,
musical, and artistic works, such as poetry, novels, movies,
songs, computer software, and architecture
What is the duration of copyright protection?
In the Philippines, copyright protection for artistic, literary
and derivative works lasts during the lifetime of the
author 50+ years after the author’s death
What is the duration or term of protection for works with
anonymous owner/creator?
In case of anonymous or pseudonymous works, copyright
protection shall last for 50 years from the date on which
the work was first lawfully published.
What is the duration or term protection for works of applied
art?
Works of applied art shall be protected for 25 years from
the date of its creation
What is the duration or term of protection for audio-visual
works?
Audio-visual works shall be protected for 50 years from
the date of publication
What is the duration or term of protection for performers
and producers of sound recordings?
Performances not incorporated in recordings shall be
protected for 50 years from the end of the year in which
the performance took place.
Sound or image and sound recordings and performances
incorporated therein shall be protected for 50 years from
the end of the year in which the recording took place
What is the duration or term of protection for broadcasts?
Broadcasts shall be protected for 20 years from the date
the broadcast took place.
Other than the Intellectual Property Code of the Philippines,
is there any special law that ensures the protection to
copyright owners of audio-visual works?
Yes, the Optical Media Act of 2003
regulates the manufacture, mastering, replication,
importation and exportation of optical media in
which information, including sounds and/or images,
or software code, has been stored, either by
mastering and/or replication.
What are the penalties provided by Philippine law for
copyright infringement?
Under Philippine law, copyright infringement is
punishable by the following:
Imprisonment of between 1 to 3 years and a fine of
between 50,000 to 150,000 pesos for the first offense.
Netiquette
← refers to the socially acceptable rules of online
conduct
TOP 10 NETIQUETTE RULES
REPRESENT YOURSELF WELL
RESPECT OTHER PEOPLE’S PRIVACY
IF YOU WOULDN’T SAY IT DIRECTLY, DON’T SAY IT ONLINE
FOLLOW THE RULES
FACT CHECK
RESPECT PEOPLE’S TIME AND BOUNDARIES
RESPOND AS PROMPTLY AS YOU CAN
KEEP YOUR INFORMATION UP TO DATE
SEND FILES PROPERLY
BE FORGIVING
The ___option hides email
addresses from recipients, so use it in mass emails if
you’re unsure of the group’s social dynamics.
Bcc (Blind Carbon Copy)
(act of revealing someone’s personal
information online) someone is a serious offense
Doxxing
Internet application
← a client/server application that uses
standard Internet protocols for connecting the client to the
server
← the most widely used and successful of Internet
applications
also known as electronic mail
← had the greatest influence in dramatic
expansion of the Internet and its use during the 1990s.
Web browsing
← newest of these three Internet
applications, and also the most controversial, because
its uses have created problems related to the access
and use of copyrighted materiaLS
Peer-to-peer networking
the principal Internet application
developed in a highly
commercialized environment dominated by such
corporations as Microsoft and Netscape, and heavily
influenced by the World Wide Web Consortium (W3C).
Web Browsing
Web Browsing
Founded in
1994 by Tim Berners-Lee, the original architect
of the web
Goal of the W3C
to develop interoperable technologies
that lead the web to its full potential as a forum for
communication, collaboration, and commerce.
Principal goal of the W3C
to develop capabilities that are in accordance with
Berners-Lee’s belief that the web should be a highly
collaborative information space
Open source model
of a software is freely available for anyone to use, modify, and share
Personal digital assistant
← small, mobile, handheld device
that provides computing and information storage and
retrieval capabilities for personal or business use, often for
keeping schedules, calendars and address book information
handy
Peer-To-Peer Computing
Uses tech like
SOAP or XML-RPC to communicate.
Object Access Protocol (SOAP) or XML-RPC (Remote
Procedure Calling),
← method of exchanging
messages (“mail”) between people using electronic devices
Electronic mail (email or e-mail)
← used to save shortcuts to your favorite
webpages and navigate to them in seconds from anywhere
Bookmarks
← the handset is portable and communicates with
the body of the phone by radio, instead of being attached
by a cord
Telephone
← Combines audio and
video to provide voice communications and video images
Two-way Video Teleconferencing
← a proprietary video telephony product
developed by Apple Inc.
Facetime
← the act of composing and
sending electronic messages, typically consisting of
alphabetic and numeric characters
Text Messaging (texting)
also known as participative (or participatory) web and
social web
Web 2.0
← refers to websites that emphasize user-generated
content, ease of use, participatory culture and
interoperability
Web 2.0
← stewards of the company’s portfolio of
technology investments
IT teams
Listservs ←
for personal/professional support and
updating
