Professional Role - Ethical Guidelines and Advanced Practice Laws Flashcards
Ethical Concepts: Beneficence
The obligation to help patient
- to remove harm
- prevent harm
- promote good (“do no harm)
- acting in the pt’s best interest
- compassionate pt care
* Core principle in pt advocacy
Ex:
- educating pt w/ a new prescription about how to take the medication
- encouraging a pt to stop smoking and enroll in smoking cessation program
- calling surgeon to get a prescription for stronger pain meds (a narcotic) for a postsurgical pt who c/o severe pain
Ethical Concepts: Nonmaleficence
The obligation to avoid harm
- protecting a patient from hard
Ex: A middle-age woman w/ osteoporosis wants to be treated w/ bisphosphonates; however, NP advises against as pt is not a good candidate for these drugs d/t PMHx of GI bleeding and PUD. NP decides not to prescribe bisphosphonates.
Ethical Concepts: Utilitarianism
The obligation to act in a way that is useful to or benefits the majority
- the outcome of the action is what matters w/ utilitarianism
- also means to use a resource (e.g., tax money) for the benefit of most
- may resemble justice but not in the same concept
Ex: The WIC program is only for 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 brain growth).
Ethical Concepts: Justice
The quality of being fair and acting w/ a lack of bias
- fair and equitable distribution of societal resources
Ex: A homeless alcoholic man w/out health insurance presents to ED w/ abdominal pain. The pt is triaged and tx w/ the same manner as the other pts who have health insurance
Ethical Concepts: Dignity
The quality of state of being worthy of ethical and respectful treatment
- respect for human dignity is important
- a person’s religious, personal, and cultural beliefs can influence greatly what a person considers “dignified” treatment
Ex:
- hospital gowns should be secured correctly so that when pts get up to walk, their backs are not visible
- foley catheter urine bags should not be visible to visitors so pts are not embarrassed. NPs should move urine bans to the opposite bed rail that they not visible to outsides
Ethical Concepts: Fidelity
The obligation to maintain trust in relationships
- dedication and loyalty to one’s patients
- keeping one’s promise
Ex:
- the relationship b/w a patient and their healthcare team is important
- the PCNP should try their best to develop a trust relationship w/ a pt
Ethical Concepts: Confidentiality
- The obligation to protect the pt’s identity, personal information, rest results, medical records, conversations, and other health information
- the “right” is also protected by the HIPPA act, which restricts release of pt information
- Psychiatric and mental health medical records are protecting information and require separate consent
Ex: The HIPPA rule protects most “individually identifiable health information in any form [oral, paper, electronic]
- AA protected health information (PHI), includes:
- demographic information (name, address, date of birth), social security # + individual’s past, present, or future physical/mental health and provision of cares
Ethical Concepts: Autonomy
The obligation to ensure that mentally competent adult pts have the right to make their own health decisions
- express treatment preferences
- if pt is mentally incapacitated (dementia, coma), the designated surrogate’s choices are respected (advance healthcare directives)
- a mentally competent pt can decline or refuse treatment even if their adult children disagree
Ex: An alert elderly woman who has breast CA decides to have a lumpectomy after discussing the treatment options w/ 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 pt’s decision.
- This case is also a good ex of the NP acting as the pt’s advocate
Ethical Concepts: Accoutability
Healthcare providers are responsible for their own choices and actions and do not blame others for their mistakes
Ex: An NP has an adult male pt w/ acute bronchitis who c/o acute onset of chest pain. He is diagnosed w/ pleurisy. The pt goes to the ED and is diagnosed w/ acute MI. The NP made an error in diagnosis and is held accountable for the decision and actions in a court of law
Ethical Concepts: Paternalism
- describes situations in which one person interferes w/ or overrules the autonomy of another. In healthcare, it occurs when a provider/family member makes decisions for an elderly pt because they ‘believe” that it is in the pt’s best interest. The opinion (or desire) of the pt is minimized or ignored. The pt is “powerless”
Ethical Concepts: Veracity
The obligation to present information honestly and truthfully. In order for pts to make an informed and rational decision about their healthcare pertinent information (including “bad” news) should not be withheld or omitted.
Ex:
- the mammogram results of a 64-year-old female pt is highly indicative of breast CA. The pt’s son does not want his mother to know about the results. The NP has a duty to discuss the mammogram results w/ the pt and refer her to a breast surgeon
The ANA Code of Ethnics for Nurses
The American Nurses Association (ANA) Code of Ethics of Nurses With Interpretation Statements (2015) contains “the ethical standard for the profession and provides a guide for nurses to use in ethical analysis and decision-making.”
According to the ANA, the Cod “is a nonnegotiable standard.” Each nurse “has an obligation to uphold and adhere to the code of ethics.”
Ex: 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)
Legal Terms: Ombudsman
a person who acts as an intermediary (or as a liaison) between pt and an organization (long-term care facilities or nursing homes, hospitals, governmental agencies, courts)
- the ombudsman investigates and mediates the complaint from both sides and attempts to reach a fair conclusion
Legal Terms: Guardian Ad Litem
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.
Legal Terms: Advance Healthcare Directives - Living Will
A document containing the pt’s instructions and preferences regarding healthcare if the pt becomes seriously ill or is dying
- contains the pt’s preferences (or not) for aggressive life-support measures
- healthcare providers should ensure that there is a copy of the document in pt’s chart
Legal Terms: Advance Healthcare Directives - Healthcare power of Attorney
The pt designates a person (family member or a close friend) who has the legal authority to make future healthcare decisions for the pt in the even that the pt becomes mentally incompetent or incapacitated (e.g., comatose)
- AKA “healthcare proxy,” “durable medical power of attorney,” or “healthcare surrogate)
- goes into effect when pt’s doctor has determined that they are physically/mentally unable to communicate in a willful manner
- to be legal, it must be signed in the presence of 2 adult witnesses who must also sign the document (the designated surrogate cannot act as a witness)
- Power is only for healthcare decisions (not financial assets)
Legal Terms: Advance Healthcare Directives - Power of Attorney
A document whereby the pt designates a person (the “agent”) who has the legal authority to make ALL decisions for the incapacitated pt. The document should be signed and notarized.
- AKA “durable power of attorney”
- this role is broader and encompasses not only healthcare decisions but also other areas of the pt’s life, such as those relating to financial affairs
Health Insurance Portability and Accountability Act
AKA “HIPAA Privacy Rule”
or Public Law 104-191
- Law was passed by the US Congress and enacted in Aug 1996
- provides protections for “the use and disclosure of individuals’ health information” –called “protected health information” by organization subject to the Privacy Rule, which are called “covered entities”
Health Insurance Portability and Accountability Act - Covered Entities
- 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 HIPAA regulations
What is a Third-Party Administrator?
An organization that does the processing of claims and administrative work for another company (heath insurer, health plan, retirement plan)
HIPAA Requirements (Not inclusive)
- Health providers are required to provide each pt w/ a copy of their office’s HIPAA policy (pt to sign the form)
- HIPAA form must be reviewed and signed annually by the pt
- A mental health provider has the right to refuse pt’s requests to view their psychiatric and mental health records
- When pt request to review the medical records, the health provider has up to 30 days to comply
- Pts are allowed (under HIPAA) to correct errors in their medical records
- Providers must keep identifying information (name, date of birth, address, SS#) and any diagnosis/disease or health concerns private except under certain conditions
When Patient Consent is NOT required
- To contact the health plan/insurance company that is paying for the medical care
- To contact a 3rd 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 w/ other healthcare providers