NCCT LAWS & ETHICS

Power of attorney (POA)

Patient authorizes a chosen person to act or make specified decisions.; Authority depends on the signed document and state law.

Durable power of attorney

POA remains effective after the person becomes incapacitated.; A healthcare POA may name a healthcare decision-maker.

Advance directive

Documents future care preferences if the person cannot decide.; A broad category of advance-care planning documents.

Living will

States preferences for medical treatment in specified serious conditions.; A type of advance directive, not the same as a POA.

Emergency contact

Person the facility should contact in an emergency.; Being named as a contact alone does NOT necessarily give legal decision-making authority.

HIPAA

Health Insurance Portability and Accountability Act of 1996; privacy, security and electronic transaction rules.

PHI

Protected health information: identifiable information about a person’s health or care.

HIPAA Privacy Rule

Limits uses/disclosures of PHI and gives patients rights relating to their information.

HIPAA Security Rule

Requires safeguards for electronic PHI (ePHI).

OCR

HHS Office for Civil Rights; enforces HIPAA privacy and security requirements.

HITECH Act

2009 law that strengthened health information privacy/security and electronic record adoption.

Release of information (ROI)

A written authorization is needed for some disclosures; document it in the medical record.

Information

Patients receive understandable care information.

Choice

Options for providers and plans.

Emergency services

Access to appropriate emergency care.

Treatment decisions

Patients participate in care decisions.

Respect

Fair treatment without discrimination.

Confidentiality

Protect health information.

Complaints and appeals

Processes for concerns or disputes.

Responsibility

Patients also have roles in their care.

Informed consent

The patient understands their condition, proposed treatment, risks, benefits, alternatives, and choice.

Role of medical assistant

Support communication, verify that forms are complete, and notify the provider of questions; do not substitute for provider explanation.

Interpreter

Qualified language assistance when needed; follow legal and organizational requirements.

Documenting consent

Use the required signed, dated consent documentation for procedures that need written consent.

OSHA

Occupational Safety and Health Administration; workplace safety requirements.

Bloodborne pathogens

Infectious agents carried in blood; examples include hepatitis B, hepatitis C, and HIV.

Sharps safety

Use approved safety devices and puncture-resistant sharps containers; follow disposal protocols.

After needlestick

Notify supervisor promptly and follow facility exposure-response protocol.

SDS

Safety Data Sheet: accessible information on chemical hazards and safe handling.

Training

Employers provide required training and policies to reduce occupational exposures.

CLIA

Clinical Laboratory Improvement Amendments; quality standards for testing human specimens.

Waived tests

Lowest complexity category; often point-of-care tests such as certain glucose tests.

Moderate complexity

Testing with requirements above waived category.

High complexity

Testing requiring higher levels of laboratory oversight and quality controls.

CLIA certificate

Required for facilities performing covered human-specimen testing, including waived tests.

Specimen collection only

A facility only collecting or preparing specimens usually does not need a CLIA certificate solely for that work.

DEA

Drug Enforcement Administration; enforces federal controlled-substance laws.

Controlled substances

Use approved procedures for ordering, inventory, documentation, storage, and prescribing/dispensing within one’s authorized role.

CDC

Provides vaccine recommendations for healthcare personnel.

Booklet vaccine examples

Hepatitis B, influenza, MMR, varicella, Tdap, meningococcal, and COVID-19.

Assault

A threat creating reasonable fear of unwanted contact.

Battery

Intentional, nonconsensual physical contact.

False imprisonment

Improperly restricting a person’s freedom of movement.

Defamation

False statement that harms reputation.

Libel / slander

Libel is written/published; slander is spoken defamation.

Invasion of privacy

Improper disclosure or intrusion into private information.

Fraud

Intentional deception to obtain a benefit.

Malfeasance

An unlawful or wrongful act.

Nonfeasance

Failure to act where there is a duty.

Misfeasance

Improper performance of an otherwise lawful act.

Negligence

Failure to use reasonable care.

Malpractice

Professional negligence causing harm.

Autonomy

Respect a patient’s informed choices.

Beneficence

Act to help the patient.

Nonmaleficence

Avoid causing harm.

Justice

Treat people fairly.

Veracity

Tell the truth.

Fidelity

Keep appropriate professional commitments.

Confidentiality

Protect private patient information.

Who enforces HIPAA Privacy and Security rules?

HHS Office for Civil Rights (OCR).

Which act strengthened health information privacy in 2009?

HITECH.

What documents a patient’s future medical wishes?

Advance directive / living will.

Who may make medical decisions if patient cannot?

An authorized decision-maker under applicable law.

What requires patient understanding of treatment options?

Informed consent.

Which agency focuses on workplace sharps safety?

OSHA.

What gives information on hazardous chemicals?

Safety Data Sheet (SDS).

Which law regulates clinical lab testing quality?

CLIA.

What regulates controlled-substance handling?

DEA and applicable laws.

What is a living will?

An advance directive describing the patient’s wishes for future medical care.

What is a durable power of attorney?

Authority that continues even if the principal becomes incapacitated, as provided by law.

What is the difference between assault and battery?

Assault involves threat or fear; battery involves unwanted physical contact.

Who enforces HIPAA privacy and security rules?

HHS Office for Civil Rights (OCR).