1. LEGAL AND ETHICAL RESPONSIBILITIES

2. 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

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

4. 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

5. 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

6. 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

7. 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

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

9. 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

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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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

20. THE END