Professional Role Flashcards
(1)
The obligation to help the patient—to remove harm, prevent harm, and promote good (“do no harm”). Acting in the patient’s best interest. Compassionate patient care. The core principle in patient advocacy.
Beneficence
Examples:
- Educating patient with a new prescription about how to take the medication
- Encouraging a patient to stop smoking and enroll in smoking cessation program
- Calling the surgeon to get a prescription for stronger pain medications (a narcotic) for a postsurgical patient who complains of severe pain
(1)
The obligation to avoid harm. Protecting a patient from harm.
Nonmaleficence
Example: A middle-aged woman with osteoporosis wants to be treated with bisphosphonates. The nurse practitioner (NP) advises that the patient is not a good candidate for these drugs because of her past medical history of gastrointestinal (GI) bleeding and peptic ulcer disease (PUD). The NP decides not to prescribe bisphosphonates.
(1)
The obligation to act in a way that is useful to or benefits the majority. The outcome of the action is what matters. It also means to use a resource (e.g., tax money) for the benefit of most. It may resemble justice, but it is not the same concept.
Utilitarianism
Example: The Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) is for only pregnant women and children, not other adults and elderly men. The reason may be that it would cost society more if women (and their fetuses), infants, and children are harmed by inadequate food intake (e.g., affects the brain growth).
(1)
The quality of being fair and acting with a lack of bias. The fair and equitable distribution of societal resources.
Justice
Example: A homeless alcoholic man without health insurance presents to the ED with abdominal pain. The patient is triaged and treated in the same manner as the other patients who have health insurance.
(1)
The quality or state of being worthy of ethical and respectful treatment. Respect for human dignity is an important aspect of medical ethics. A person’s religious, personal, and cultural beliefs can influence greatly what a person considers “dignified” treatment.
Dignity
Examples:
- Hospital gowns should be secured correctly so that when patients get up to walk, their backs are not visible.
- Foley catheter urine bags should not be visible to visitors so patients are not embarrassed. NPs should move urine bags to the opposite bed rail so that they are not visible to outsiders.
(1)
The obligation to maintain trust in relationships. Dedication and loyalty to one’s patients. Keeping one’s promise.
Fidelity
Example: The relationship between a patient and their healthcare team is important. The primary care NP should try their best to develop a trusting relationship with a patient.
(1)
The obligation to protect the patient’s identity, personal information, test results, medical records, conversations, and other health information. This “right” is also protected by the Health Insurance Portability and Accountability Act (HIPAA), which restricts release of patient information. Psychiatric and mental health medical records are protected information and require separate consent.
Confidentiality
Example: The HIPAA Privacy Rule protects most “individually identifiable health information” in any format (oral, paper, electronic). It is known as protected health information (PHI). The PHI includes demographic information (name, address, date of birth, Social Security number) as well as the individual’s past, present, or future physical/mental health and provision of care.
(1)
The obligation to ensure that mentally competent adult patients have the right to make their own health decisions and express treatment preferences. If the patient is mentally incapacitated (dementia, coma), the designated surrogate’s choices are respected. See later discussion on advance healthcare directives. A mentally competent patient can decline or refuse treatment even if their adult children disagree.
Autonomy
Example: An alert elderly woman who has breast cancer decides to have a lumpectomy after discussing the treatment options with her oncologist. The woman’s daughter tells the NP that she does not want her mother to have the surgery because she thinks her mother is too old. The NP has a duty to respect the patient’s decision. This case is also a good example of the NP acting as the patient advocate.
(1)
Healthcare providers are responsible for their own choices and actions and do not blame others for their mistakes.
Accountability
Example: An NP has an adult male patient with acute bronchitis who complains of acute onset of chest pain. He is diagnosed with pleurisy. The patient goes to the ED and is diagnosed with an acute myocardial infarction (MI). The NP made an error in diagnosis and is held accountable for the decision and actions in a court of law.
(1)
Describes situations in which one person interferes with or overrules the autonomy of another. In healthcare, it occurs when a provider or family member makes decisions for an elderly patient because they “believe” that it is in the patient’s best interest. The opinion (or desire) of the patient is minimized or ignored. The patient is “powerless.”
Paternalism
(1)
The obligation to present information honestly and truthfully. In order for patients to make an informed and rational decision about their healthcare, pertinent information (including “bad” news) should not be withheld or omitted.
Veracity
Example: The mammogram result of a 64-year-old female patient is highly indicative of breast cancer. The patient’s son does not want his mother to know about the results. The NP has a duty to discuss the mammogram results with the patient and refer her to a breast surgeon.
Exam Tip
Become familiar with some of the ethical concepts (e.g., beneficence, veracity, nonmaleficence, justice) and how they are applied (see examples provided in this chapter).
Become familiar with some of the ethical concepts (e.g., beneficence, veracity, nonmaleficence, justice) and how they are applied (see examples provided in this chapter).
(1)
“the ethical standard for the profession and provides a guide for nurses to use in ethical analysis and decision-making.”
“is a nonnegotiable standard.”
For example, under Provision 4.4, “Nurses may not delegate responsibilities such as assessment and evaluation; they may delegate selected interventions according to _____ nurse practice acts” (ANA, 2015)
The American Nurse Association ANA Code of Ethics for Nurses
For example, under Provision 4.4, “Nurses may not delegate responsibilities such as assessment and evaluation; they may delegate selected interventions according to state nurse practice acts” (ANA, 2015)
(1)
Legal term: A person who acts as an intermediary (or as a liaison) between the patient and an organization (long-term care facilities or nursing homes, hospitals, governmental agencies, courts). Who investigates and mediates the complaint from both sides and attempts to reach a fair conclusion.
Ombudsman
(1)
An individual who is assigned by a court (and has the legal authority) to act in the best interest of the ward. The ward is usually a person who is a child or someone who is frail or vulnerable. Adults who are incompetent may be assigned a guardian ad litem by the court.
Guardian Ad Litem
(1)
Advance Directive that is a document that contains the patient’s instructions and preferences regarding healthcare if the patient becomes seriously ill or is dying. It contains the patient’s preferences (or not) for aggressive life-support measures. Healthcare providers should ensure that there is a copy of the document in the patient’s chart.
Living Will
(1)
Advanced Directive: The patient designates a person (family member or a close friend) who has the legal authority to make future healthcare decisions for the patient in the event that the patient becomes mentally incompetent or incapacitated (e.g., comatose). Also known as a “healthcare proxy,” “durable medical power of attorney,” or “healthcare surrogate.” Power is only for healthcare decisions (not financial assets).
When does this go into effect?
To be legal, must be signed in presence of?
Healthcare Power of Attorney
It goes into effect when the patient’s doctor has determined that they are physically or mentally unable to communicate in a willful manner.
To be legal, it must be signed in the presence of two adult witnesses who must also sign the document (the designated surrogate cannot act as a witness).
(1)
Advance Directive: A document whereby the patient designates a person (the “agent”) who has the legal authority to make all decisions for the incapacitated patient. The document should be signed and notarized. Also known as the “durable power of attorney.” This role is broader and encompasses not only healthcare decisions but also other areas of the patient’s life, such as those relating to financial affairs.
Power of Attorney
Health Insurance Portability and Accountability Act (HIPAA)
Also known as the “HIPAA _____ Rule” (or Public Law 104–191). The law was passed by the U.S. Congress and enacted in August 1996. The law provides protections for “the u___ and dis_____ of individuals’ health in______”—called “pr_____ health information” by organizations subject to the Privacy Rule, which are called “cov____ entities.”
Also known as the “HIPAA Privacy Rule” (or Public Law 104–191). The law was passed by the U.S. Congress and enacted in August 1996. The law provides protections for “the use and disclosure of individuals’ health information”—called “protected health information” by organizations subject to the Privacy Rule, which are called “covered entities.”
(1)
All healthcare providers, health insurance companies, healthcare plans, laboratories, hospitals, skilled nursing facilities (SNFs), and third-party administrators (TPAs) who electronically transmit health information must follow the HIPAA regulations.
Covered Entities
(1)
The organization that does the processing of claims and administrative work for another company (health insurer, health plan, retirement plan).
Third-Party Administrator (TPA)
HIPAA Requirements (Not Inclusive)
Health providers are required to provide each patient with a ____ of their office’s _____ policy (patient to sign the form).
The HIPAA form must be reviewed and signed _____ by the patient.
A mental health provider has the right to _____ patients’ requests to view their psychiatric and mental health records.
When patients request to review their medical records, the health provider has up to ____ days to comply.
Patients are allowed (under HIPAA) to _____ errors in their medical records.
Providers must keep _______ information (name, date of birth, address, Social Security number) and any diagnosis/disease or health concerns private except under certain conditions (see next flashcard)
Health providers are required to provide each patient with a copy of their office’s HIPAA policy (patient to sign the form).
The HIPAA form must be reviewed and signed annually by the patient.
A mental health provider has the right to refuse patients’ requests to view their psychiatric and mental health records.
When patients request to review their medical records, the health provider has up to 30 days to comply.
Patients are allowed (under HIPAA) to correct errors in their medical records.
Providers must keep identifying information (name, date of birth, address, Social Security number) and any diagnosis/disease or health concerns private except under certain conditions (see list that follows)
When Patient Consent Is Not Required
To contact the health plan/_______ company that is paying for the medical care
To contact a ______ party or business associate (e.g., accounting, legal, administrative) that the insurance company or doctor’s office hires to assist in payment of their services (e.g., medical billing services)
To perform certain healthcare operations (medical services review, sale of healthcare plan, audits)
To contact _______ agency for unpaid bills
To report ______/neglect or domestic ______
To con_____ with other healthcare providers
To contact the health plan/insurance company that is paying for the medical care
To contact a third party or business associate (e.g., accounting, legal, administrative) that the insurance company or doctor’s office hires to assist in payment of their services (e.g., medical billing services)
To perform certain healthcare operations (medical services review, sale of healthcare plan, audits)
To contact collection agency for unpaid bills
To report abuse/neglect or domestic violence
To consult with other healthcare providers
HIPAA Case Scenario
- If a staff member (who is not involved in the patient’s care) calls the attending NP and wants to discuss a patient’s progress, can the NP discuss it with this staff member?
- How to communicate results of lab tests or procedures?
- The NP cannot release information to the staff member.
- The Rule “does not prohibit us from leaving messages for patients on their answering machines,” however, we must “reasonably safeguard” their privacy. It is prudent to avoid leaving messages about lab results, medication names, or types of tests in the patient’s voicemail. Leave the clinic name (exceptions exist), your name, and phone number for the patient to contact you.