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Ethics Review
| Question | Answer |
|---|---|
| What area of ethics is guided by society? | Normative Ethics |
| What area of ethics involves highly controversial issues? | Applied Ethics |
| What area of ethics is called "the ethics of ethics"? | Meta-ethics |
| What area of ethics involves deep reflection? | Meta-ethics? |
| What area of ethics has three subsets under this area are duty-based, virtue-based, and consequential | Normative Ethics |
| What area of ethics asks, “What is the source?” | Meta-ethics |
| What area of ethics has Utilitarianism as the most widely known approach? | Normative Ethics |
| What area of ethics has The Golden Rule as an example? | Normative Ethics |
| Isolated himself to fully focus on his studies? | Confucius (Kong) |
| Was highly regarded for his wisdom only after his death? | Confucius |
| Was sentenced to death by drinking hemlock (poison)? | Socrates |
| Taught in the court square? | Socrates |
| Lived in Athens, Greece, 470 B.C.? | Socrates |
| Lived in Lu, China, 552 B.C.? | Confucius |
| Died penniless? | Confucius |
| Father of Democracy | Socrates |
| ________ is a branch of philosophy concerning moral considerations? | Ethics |
| Name three factors that can influence a person’s values system: ________? | Religion, Family and Friends, Geographic Location |
| An example of a virtue is ________? | Temperance |
| Utilitarianism maintains that what is best for ________ is the best solution? | majority |
| Student of Socrates that taught Aristotle? | Plato |
| Teachings centered on inductive reasoning? | Socrates |
| Critical thinking that moves from specific details to generalities? | Inductive Reasoning |
| 4 cardinal values of virtue-based? | Wisdom, Courage, Temperance, and Justice |
| Approach of ethics that is focused on the rights of an individual, even if it is for the greater good? | Deontology/duty-based |
| 3 Step Ethical Decision Making Model? | Is it legal? Is it balanced? How does it make you feel? |
| 4 Fundamental principles of ethics? | Beneficence, Nonmaleficence, Autonomy, Justice |
| "What's good or bad?" | Meta-ethics |
| What is the Golden Rule? | “Do what to others as you would have them do unto you” |
| Examples of applied ethics? | Assisted suicide and abortion |
| Ethical/Moral dilemma? | Situations in which there is a choice to be made between options. Each option raises more concern. |
| DEAR? | Dignity, Empathy, Autonomy, Respect |
| Thoughts about one's beliefs and actions? | Conscience |
| Benjamin Franklin's 13 Virtues? | Temperance, Silence, Order, Resolution, Frugality, Industry, Sincerity, Justice, Moderation, Cleanliness, Tranquility, Chastity, Humility |
| The attention given to a task (with a patient) that would reasonably be expected to be given by anyone in a similar situation. | Standard of care |
| The phenomenon in which a patient retains feelings or attitudes associated with childhood that may surface during treatment and may be transferred to the healthcare provider is: | Transference |
| Provider experiences feelings for the patient that are out of the norm, like love, anger, etc. | Countertransference |
| An agreement that creates a relationship where the healthcare provider is to provide care to the patient | Contract for care |
| What are the two forms of consent? | Informed/expressed and implied |
| " A process not just a form" and who said this? | Informed/Expressed Consent. Department of Health and Human Services, Office for Human Research Protections (HHS/HRP) |
| A patients agreement to treatment. | Consent |
| Non-profit agency Nation’s oldest and largest standards-setting and accrediting body inhealth care Mission: being concerned with patient care and patient rights | TJC The Joint Commission |
| When a patient grants an expression of agreement to treatment | Implied Consent |
| Does not have to be written to be valid - Not an ethical principle but foundationally related to one | Informed Consent |
| Protects healthcare provider from being sued when performing medical care in good faith | Good Samaritan Law |
| Reasons a patient could be fired. | - Noncompliance - Insurance plan participation - Patient’s failure to keep appointments -Nonpayment |
| A guide for patients to better understand their rights and responsibilities when receiving medical care during a hospital stay. Addresses financial aspects of patient care, confidentiality, and patient. Developed by AHA. | Patient Care Partnership |
| Developed by U.S. government officials in 2010 as part of the: - Affordable Care Act (ACA) | PBOR Patients Bill of Rights |
| Acts as a legal guardian for all decision-making processes, including decisions regarding health care If a minor doesn’t have a parent, if the child is disabled, or patient is elderly and incompetent. | Guardian/ Guardian Ad Litem |
| Who is a part of the vulnerable population? | Minors, Elderly, HIV Patients, Gender Identity patients |
| Provides greater autonomy to minors over adults 16 years of age who understand and consent to relatively simple medical procedures. | Mature Minor Doctrine |
| - Federal family planning program Provides contraceptives and prenatal care without parental consentor notification | Title X(10) |
| Legal documents outlining health and welfare wishes of a patient if patient is unable to communicate for themselves | Advanced Directives |
| Federally sponsored program that provides healthcare coverage for adults 65 or older, and some adults younger than 65 w/ disabilities | Medicare |
| Provides assistance to low-income individuals and families to pay for health care. | Medicaid |
| Discrimination based on disabilities is unlawful. | Americans with Disabilities Act (ADA) of 1992 |
| HIPAA Titles | 1. Insurance Portability 2. Administrative Simplification. 3. Medical Savings and Tax Deductions 4. Group Health Plan Provisions. 5. Revenue Offset Provision |
| What does HIPAA stand for? | Health Insurance Portability and Accountability Act |
| A crisis or situation in which a decision is required in order for change or improvement to occur | Dilemma |
| A law that amended the Internal Revenue Code of 1986 to improve portability and continuity of healthcare information and ensure privacy of patient information. Provides privacy standards to protect patients' medical records | HIPAA |
| When was HIPAA started? | 1996 |
| - A patients' protected health information is private and confidential and must be protected - Only share information with: Someone who is providing treatment to patient Someone ensuring patient safety Someone facilitating payment for patient care | HIPAA Privacy Rule |
| Outlines what you must do to safeguard patient information - Rules and regulations that go specifically with the HIPAA act | HIPAA Security Rule |
| What patient rights are guaranteed by HIPAA? | Privacy and Confidentiality |
| A federal program administered by the Health Resources and Services Administration. It focuses on providing funding for health care and support services to patients with HIV/AIDS. Attempts to meet the unmet health needs of people with HIV/AIDS | Ryan White HIV/AIDS program |
| Method to provide safe and ethical treatment to current patients w/ various gender identities | DEAR |
| HELP | Hear what the patient perceives to be the problem. Encourage the patient and healthcare professional to discuss the similarities and differences. List treatment options and make recommendations. Provide a chance to negotiate treatment |
| The laws requiring healthcare professionals to report suspected cases of abuse are known as | Mandatory Reporting Laws |
| How many states require any person who suspects abuse to report it? | 18 |
| Elder Abuse? | intentional harm, neglect, exploitation, and abandonment of persons 60 years of age and older. |
| Required to report what type of abuse? | Child, Elder, and Domestic |
| Does reporting of elder abuse cases include self-inflicted abuse? | Yes |
| Privacy | Condition. The absence of intrusion into a person’s life and information from external sources. Only authorized person's have access. |
| Confidentiality | Ethical Duty. Personal information shared with a professional such as a physician, attorney, or therapist. |
| Portability | No lapse of health care coverage when a person changes from one job to another. |
| Exceptions of Confidentiality and Privacy? | Abuse Mental Health Patients Posing Threat Matters of Greater Good |
| Occurs when a mistake is made (giving the patient the wrong medication) | Misfeasance |
| Is a failure to act (forgetting to turn a patient, which results in bed sores) | Nonfeasance |
| Is negligence with mal-intent (holding a noncooperative patient too tightly when drawing blood, which results in bruising). | Malfeasance |
| The stealing of a patient’s personal information (name, address, social security number, etc.) in order to use it to wrongly acquire insurance coverage and/or prescriptions. | Medical Identity Theft |
| HITECH | Health Information Technology for Economic and Clinical Health Act of 2009 |
| President Gerald Ford signed in into law - Not exclusive to medical information (ex. How social security numbers can be shared) - Forefather to HIPAA - Only applies to U.S. citizens and permanent residents | The Privacy Act of 1974 |
| What year was the Privacy Act signed? | 1974 |
| What Act sought to accomplish this in healthcare: 1. Improve quality, safety, and efficiency 2. Increase coordination efforts for the benefit of the patient 3. Improve health status 4. Promote patient autonomy 5. Assurance of privacy and security | HITECH of 2009 |
| Malicious software used by computer hackers to block users from data in their own computer systems. | Ransomware |
| What does HIPAA not cover? | 1.Financial Docs. 2.CIA info. 3.Educational Records. 3.Subpoenad info. 4. Private company info. 5. Employment Records |
| What is COBRA and what year did it get signed? | Consolidated Omnibus Budget and Reconciliation Act .1975 |
| -Continuous coverage - Businesses w/ 20 employees or more must provide employees who leave that business with health insurance for up to 18 months | COBRA |
| Refers to protected health information Name, DOB, SSN | Protected Health Information (PHI) |
| PHI is under this rule? | Privacy Rule of 2003 |
| a document that allows the healthcare provider to share certain information—not necessarily the whole record | Release of Information |
| Established under HIPAA - Prevents fraudulent and abusive healthcare practitioners and suppliers from being able to practice | HIPDB |
| What does HIPDB stand for and what year did it get signed? | Healthcare Integrity and Protection Data Bank, 2000 |
| legislation that initiated a reporting system for violation of patient safety . | The Patient Safety and Quality Improvement Act, 2005 (PSQIA) |
| evaluation of scientific, academic, or professional work by others working in the same field. | Health Care Peer Review |
| the competence or skill expected of a professional; behavior on the job Dictated by codes of conduct, codes of ethics, and common sense! | Professionalism |
| Interdisciplinary group that mandates resolutions of ethical dilemmas surround a patients care. | Ethics committee |
| Ethics committee composed of: | Physicians, nurses, social workers, administrators, chaplains, and other employees. |
| prohibits sex-based wage differences between men and women employed in the same establishment who perform jobs that require equal skill, effort, and responsibility and that are performed under similar working conditions | Equal Pay Act |
| requires employers, given qualifying circumstances, to allow employees up to 12 weeks of unpaid job-protected leave each year after at least 1 year of employment that includes at least 1,250 hours of work. | Family and Medical Leave Act |
| professionals have different roles and responsibilities | Scope of practice |
| Dedicated to highest standard. Respect the rights of patients. Use legal and ethical means. Respect laws and regulations. Pursue excellence. Enhance dignity status. Use every opportunity. Do not exploit relationships | Code of Ethics |
| Medical/Professional Practice Act | -varies from state to state - serves to govern the practice of medicine |
| Purpose is to encourage the employee to improve job performance, rather than to punish | Progressive Discipline Model |
| Progressive discipline model steps: | 1. Provide counseling or a verbal warning. 2. Give a written warning with specific guidelines for improved performance. 3. Suspend or demote the employee. 4. Terminate the employee. |
| The medical record is considered a legal document. - A patient’s “written story” | Medical Record |
| What is the first half that medical records allow doctors to do? | Assess family medical history - Compare progress or lost ground in treatment - Prescribe appropriate treatment plans - Offer appropriate advice |
| Second half? | - Refer to specialists - Manage hospitalization, if necessary - Manage information that could be used in the legal system |
| reminds the healthcare professional of five preferable characteristics of a medical record. | FLOAT |
| FLOAT | Factual Legible Objective Accurate Timely |
| Reviews patient documentation - Improves health care for public by evaluating health care organizations and inspiring them to excel in providing safe and effective care of the highest quality and value | TJC The Joint Commission |
| through but concise documentation - progress notes are often a part of this method | Narrative |
| SOAP | Subjective Objective Assessment Plan of Action |
| the preferred method for sending out medical information | h registered mail or through a reliable delivery service where a signature is required. If not fax or email in emergency |
| "Bring with you under penalty of punishment" | Subpoena duces tecum |
| a medical record documented on and available by computer - aka EHR - concerns: vulnerability to hackers: altered records could jeopardize the health of a patient - all healthcare facilities are required to use EMR system | EMR Electronic Medical Record |
| Ethical Controverse of EMR (4 Principles) | Autonomy, Trust, Justice, Fidelity(loyalty) |
| What is MUR? | Meaningful Use Regulations (MUR) |
| Financial incentives are offered to healthcare providers and facilities to become certified in electronic/online records (EMR) the goal is to teach the facility to provide and maintain a high standard of electronic data entry and usage | MUR |
| Know the stages of MUR | ok |
| The use of medical information and technology to provide clinical care at a distance. | Telehealth |
| Primary sources of law: | Constitution, Courts, State/fed gov't |
| executive orders that must comply with the constitution | Statutory Law |
| Statutory Laws can be: | Civil or criminal |
| crimes against society | Criminal |
| crimes against one or more individuals. | Civil |
| 4 Elements of Negligence and Defenses | -Duty -Duty-breach -causation -damages |
| Most common in health care include assault and battery, false imprisonment, defamation of character, invasion of privacy, fraud, and embezzlement | Intentional torts |
| What does respondeat superior mean? | It is vicarious liability that states that employers are responsible for employees' actions |
| if the negligent act is so obvious that it appears there could be no other responsible party, the burden of proof shifts to the defendant, who must provide that he or she is not responsible for the injury | Res Ipsa Loquitur |
| Provides financial protection from claims that arise from patients who believe they have been a victim of medical malpractice while under the care of a healthcare professional | Liability Insurance |
| to violate | Breach |
| PYTHON, use to protect yourself for prevention | Protect Yourself, Think Honestly, and Observe Naturally |
| care given in an effort to cure or reduce a medical problem | Curative |
| aimed at reducing pain and suffering as a person nears the end of his or her life | Palliative |
| legal document that indicates whether a patient wants to be placed on lifeprolonging machines should he or she be unable to communicate personal preferences | Living Will |
| General POA | Can make medical decisions but that would go to healthcare proxy |
| Medical POA/ Healthcare proxy | a separate person who is designated to make health decisions on your behalf |
| Durability POA | It gives that person (called your agent) instructions about the kinds of medical treatment you want. |
| Medical Professionals should write in? | Black or Blue ink ONLY |
| What do you do if you make a mistake on a medical record? | Strikethrough. Initial. Date. |
| What year did the TJC form? | 1951 |
| Allows gov't to create certain programs that regulate economic activity | Commerce Clause |
| When was the Uniform Gift Act passed? | 1968. second law was passed to help simplify and organize the donations of organs: National Organ Transplant Act (1984) |
| the intentional killing of a person to relieve his or her pain and suffering | Euthanasia |
| allows patient to die naturally by withholding treatment, including food and water - legal in all 50 states 16 - occurs often in long-term facilities with elderly and terminally ill patients | Passive euthanasia |
| intentional killing of a patient by non-natural means - involves a lethal injection of medication | Active (Physician-Assisted Death) |
| Artificial Insemination, In Vitro Fertilization, Surrogacy, Uterus Transplant | Assisted Reproduction |
| woman takes drugs to increase egg production, and sperm is them implanted with a device in an effort to achieve pregnancy | Artificial Insemination |
| most common method of assisted reproduction; involves a woman taking drugs to stimulate egg production | In Vitro |
| - federal regulatory law that protects healthcare professionals from discrimination if they refuse to participate in sterilization procedures or abortions, due to religious or personal objections. They should say during hiring. | Conscience Clause. |
| What makes an issue controversial? | presents challenge and stimulates debate; it involves no universally held or fixed point of view. |
| -Can help crime scenes -Establish Paternity -Determine risk of disorder/diseases -Determine risk of cancers | Genetic Testing |
| Employers cant use genetic information to discriminate, collect, or share | Title II of Genetic Information Nondiscrimination Act of 2008 |
| the effort to improve the genetic makeup of a population - controversial subject - ex. sterilization, cloning | Eugenics |
| When was the National Organ Transplantation Act passed? | 1984 as a way to help simplify and organize the donation of organs - created a network for registering and matching organ donor recipients |
| a private, non-profit organization that contracts with the federal government. OPTN is operated by UNOS | The Organ Procurement and Transplantation Network (OPTN) |
| UNOS | United Network for Organ Sharing |
| : heavily regulated and illegal to take across state lines | Controlled Substance |
| Medical Marijuana can reduce? | pain, controls nausea and vomiting, and is less addictive Not approved by FDA |
| 4 types of advance directives? | DNR, Living Will, POA designations, Organ Donation |
| "the good death" | Euthanasia |
| FLSA | 1938. sets minimum wage limits, regulates overtime pay standards, and establishes guidelines for youth employment |
| includes a requirement that employees provide reasonable break time for new mothers to pump breast milk | Affordable Care Act |
| These are overseen by the Wage and Hour Division of the U.S. Department of Labor | FLSA, FMLA, ACA |
| Overseen by Equal Opportunity Commission | EPA, CRA, ADE, RA, PDA, ADA |
| PAHCOM | Professional Association of Health Office Management ( |
| Laws related to licensure and certifications | Medical Practice Acts |