LEGAL AND ETHICAL RESPONSIBILITIES

OBJECTIVES DEFINE PRIVILEGED COMMUNICATION AND HOW IT MAY APPLY TO HEALTH CARE DEFINE HIPAA AND HOW IT PROTECTS PRIVACY OF HEALTHCARE INFORMATION 6 BASIC RULES OF ETHICS PATIENTS RIGHTS WHAT IS THE DIFFERENCE BETWEEN LEGAL AND ETHICAL

OBJECTIVES KNOW THESE TERMS MALPRACTICE FALSE IMPRISONMENT NEGLIGENCE ABUSE ASSAULT AND BATTERY DEFAMATION INVASION OF PRIVACY LIBEL SLANDER TORT

LAW A RULE THAT MUST BE FOLLOWED FEDERAL STATE LOCAL HEALTH CARE PROFESSIONALS MUST KNOW AND FOLLOW THE STATE LAWS THAT REGULATE THEIR LICENSE/REGISTRATIONS

2 TYPES OF LAW CRIMINAL LAW CIVIL LAW CRIMINAL LAW = CRIME FOCUSES ON WRONGDOINGS AGAINST A PERSON ,PROPERTY ETC, PRACTICING WITHOUT A LICENSE, MISUSE OF NARCOTICS, MURDER CIVIL LAW FOCUSES ON LEGAL RELATIONSHIPS BETWEEN PEOPLE AND PROTECTION OF A PERSON’S RIGHTS; TORTS AND CONTRACTS

TORT A WRONGFUL ACT THAT DOES NOT INVOLVE A CONTRACT EXAMPLES INCLUDE: MALPRACTICE NEGLIGENCE ASSAULT & BATTERY INVASION OF PRIVACY ABUSE DEFAMATION MALPRACTICE –BAD PRACTICE; FAILURE OF A PROFESSIONAL TO USE THE DEGREE OF SKILL AND LEARNING COMMONLY EXPECTED NEGLIGENCE – FAILURE TO GIVE CARE THAT IS NORMALLY EXPECTED OF A EPRSON IN A PARTICULAR POSITION ASSAULT – THREATEN OR ATTEMPT TO INJURE BATTERY – UNLAWFUL TOUCHING OF ANOTHER PERSON WITHOUT CONSENT – INFORMED CONSENT IS PERMISSION GRANTED VOLUNTARILY BY A PERSON OF SOUND MIND AFTER ALL THE RISKS INVOLVED HAVE BEEN EXPLAINED IN TERMS THAT THE PERSON CAN UNDERSTAND UNNECESSARILY EXPOSING AN INDIVIDUAL, REVEALING PERSONAL INFORMATION ABOUT AN INDIVIDUAL WITHOUT CONSENT FALSE IMPRISONMENT – RESTRAINING OR RESTRICTING AN INDIVIDUAL’S FREEDOM ABUSE – ANY CARE THAT RESULTS IN PHYSICAL HARM,PAIN, OR MENTAL ANGUISH, VERBAL OR PSYCHOLOGICAL THREATS SEXUALLY DEFAMATION – FALSE STATEMENTS EITHER CAUSE THE PERSON TO BE RIDICULED OR TARNISH THEIR REPUTATION SLANDER – SPOKEN, LIBEL - WRITTEN

CONTRACTS AN AGREEMENT BETWEEN TWO OR MORE PARTIES CAN BE IMPLIED OR EXPRESSED HAVE THREE PARTS – OFFER ACCEPTANCE CONSIDERATION OFFER – ENTERS INTO A RELATIONSHIP WITH HCP AND OFFERS TO BE A PATIENT ACCEPTANCE – THE HCP GIVES AN APPT. OR TREATS PATIENT CONSIDERATION – THE PAYMENT MADE BY THE PATIENT FOR THE SERVICES

LEGAL DISABILITY DOES NOT HAVE LEGAL CAPACITY TO FORM A CONTRACT MINORS MENTALLY INCOMPETENT ALTERED MENTAL STATE UNCONSCIOUS

PRIVILEGED COMMUNICATIONS ALL INFORMATION GIVEN TO HEALTHCARE PERSONNEL BY A PATIENT BY LAW, IT MUST BE KEPT CONFIDENTIAL AND SHARED ON A “NEED TO KNOW” BASIS CANNOT BE TOLD TO ANYONE ELSE WITHOUT WRITTEN CONSENT HEALTH CARE RECORDS EXEMPTIONS TO LAW EXEMPT AND MUST BE REPORTED ARE DEATHS AND BIRTHS, INJURIES CAUSED BY VIOLENCE, DRUG ABUSE, COMMUNICABLE DISEASES, SEXUALLY TRANSMITTED DISEASES

PRIVACY ACT HIPAA HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT 1996 STANDARDS FOR PRIVACY OF INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION ( PRIVACY RULE) 2003

ETHICS SET OF PRINCIPLES RELATING TO WHAT IS MORALLY RIGHT AND WRONG STANDARD OF CONDUCT OR CODE OF BEHAVIOR MAKE DECISIONS BASED ON WHAT PEOPLE BELIEVE IS RIGHT AND GOOD CONDUCT

PATIENTS’ RIGHTS FACTORS OF CARE THAT PATIENTS CAN EXPECT TO RECEIVE AHA – “PATIENT’S BILL OF RIGHTS” CONSIDERATE AND RESPECTFUL CARE OBTAIN COMPLETE,CURRENT INFO RE: DX, TX, & PX RECEIVE INFO BEFORE SIGNING CONSENT HAVE ADVANCE DIRECTIVES CONFIDENTIAL TX RESONABLE RESPONSE TO A REQUEST

RESIDENT’S BILL OF RIGHTS OBRA 1987 LONG TERM FACILITIES FREE CHOICE FREEDOM FROM ABUSE PRIVACY ACCOMADATIONS OF NEEDS VOICE GRIEVANCES WITHOUT FEAR OF RETALIATION MANAGE PERSONAL FUNDS UNLIMITED ACCESS TO IMMEDIATE FAMILY

ADVANCE DIRECTIVES LEGAL DOCUMENTS THAT ALLOW INDIVIDUALS TO STATE WHAT MEDICAL TREATMENT THEY WANT OR DO NOT WANT IN THE EVENT THEY BECOME INCAPACITATED LIVING WILL DURABLE POA FOR HEALTHCARE

PATIENT SELF-DETERMINATION ACT 1990 MANDATES THAT ALL HEALTH CARE FACILITIES: INFORM EVERY ADULT ORALLY, IN WRITING THEIR RIGHT UNDER THE STATE LAW TO MAKE DECISIONS CONCERNING MEDICAL CARE PROVIDE INFO AND ASSIST IN PREPARING ADVANCE DIRECTIVES DOCUMENT ANY DIRECTIVES IN MEDICAL RECORD

PATIENT SELF-DETERMINATION ACT ENSURES THAT PATIENTS ARE INFORMED OF THEIR RIGHTS AND HAVE THE OPPORTUNITY TO DETERMINE THE CARE THEY RECEIVE AND THAT ALL HCW MUST BE AWARE OF AND HONOR ADVANCE DIRECTIVES

PROFESSIONAL STANDARDS PERFORM ONLY THOSE PROCEDURES FOR WHICH YOU HAVE BEEN TRAINED AND LEGALLY PERMITTED TO DO USE APPROVED, CORRECT METHODS WHILE PERFORMING ANY PROCEDURE OBTAIN PROPER AUTHORIZATION BEFORE PERFORMING ANY PROCEDURE IDENTIFY PATIENT AND OBTAIN PATIENT’S CONSENT BEFORE PERFORMING ANY PROCEDURE

PROFESSIONAL STANDARDS OBSERVE ALL SAFETY PRECAUTIONS KEEP ALL INFORMATION CONFIDENTIAL THINK BEFORE YOU SPEAK AND CAREFULLY CONSIDER EVERYTHING YOU SAY TREAT ALL PATIENTS EQUALLY REGARDLESS OF RACE, RELIGION, SOCIAL OR ECONOMIC STATUS, SEX, OR NATIONALITY

PROFESSIONAL STANDARDS IF AN ERROR OCCURS, REPORT IT IMMEDIATELY TO SUPERVISOR BEHAVE PROFESSIONALLY IN DRESS, LANGUAGE, MANNERS, AND ACTIONS ACCEPT NO BRIBES OR TIPS FOR THE CARE YOU PROVIDE

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