DHO Health Science: Legal and Ethical Responsibilities

What are responsibilities that are authorized or based on law?

Legal responsibilities

True or false: Healthcare professionals/workers are also required to know and follow the state laws that regulate their respective licenses, registrations, or set standards for their respective professions.

True

What are the two main types of law that affects healthcare workers?

Criminal and Civil

What focuses on the behavior known as crime and deals with the wrongs against a person, property, or society?

Criminal law

What focuses on the legal relationships between people and the protection of a person's rights?

Civil law

What usually involves torts and contracts?

Civil law

What is a wrongful act that does not involve a contract?

Tort

What are the common torts?

* Malpractice
* Negligence
* Assault and battery
* Invasion of privacy
* False imprisonment
* Abuse
* Defamation

What can be interpreted as "bad practice" and is commonly called "professional negligence"?

Malpractice

What can be defined as the failure of a professional to use the degree of skill and learning commonly expected in that individual's profession, resulting in injury, loss, or damage to the person receiving care?

Malpractice

What can be described as the failure to give care that is normally expected of a person in a particular position, resulting in injury to another person?

Negligence

What is a threat or attempt to injure?

Assault

What is the unlawful touching of another person without consent?

Battery

What is permission granted voluntarily by a person who is of sound mind and who has been instructed, in terms the person can understand, about all the risks involved?

Informed consent

What are the two kinds of invasion of privacy?

Physical and informational

What refers to the unnecessary exposure of an individual?

Physical invasion of privacy

What refers to revealing personal information about an individual without that person's consent?

Informational invasion of privacy

What refers to restraining an individual or restricting an individual's freedom without an authorization?

False imprisonment

What does AMA stand for?

Against Medical Advice

True or false: patients cannot leave the hospital if their physicians do not give permission.

False

What should only be used to protect patients from harming themselves or others when all other measures to control the situation have failed?

Physical restraints

What must be obtained before physical restraints are used?

A physician's order

What includes any care that results in physical harm, pain, or mental anguish?

Abuse

What includes hitting, forcing people against their will, restraining movement, depriving people of food or water, and not providing physical care?

Physical abuse

What includes speaking harshly, swearing or shouting, or using inappropriate words to describe a person's race or nationality?

Verbal abuse

What includes threatening harm; denying rights; belittling, intimidating, or ridiculing the person; and threatening to reveal information about the person?

Psychological abuse

What includes any sexual touching or act, using sexual gestures, and suggesting sexual behavior, even if the patient is willing or tries to initiate it?

Sexual abuse

What occurs when an intimate partner uses threats, manipulation, aggression, or violent behavior to maintain power and control over another person?

Domestic abuse

What occurs when abuse is directed toward a child?

Child abuse

What occurs when abuse is directed toward an older person?

Elder abuse

What occurs when false statements either cause a person to be ridiculed or damage the person's reputation?

Defamation

Incorrect information given out in error can result in...

Defamation

If defamation is spoken, it is...

Slander

If defamation is written, it is...

Libel

What is an agreement between two or more parties?

Contract

What are the three parts of a contract?

-Offer

-Acceptance

-Consideration

What are those obligations that are understood without verbally expressed terms?

Implied contracts

What are stated in distinct and clear language, either orally or in writing?

Expressed contracts

All parties entering into a contract must be free of...

Legal disability

What is it called when a person does not have the legal capacity to form a contract

Legal disability

When a person works under the direction or control of another person, the employer is called the...

Principal

Whose must make the final important consideration in contract law?

An agent

What is comprised of all information given to health care personnel by a patient?

Privileged communications

True or false: health care records are not considered privileged communications.

False

True or false: erasures are not allowed on medical records.

True

What does EHR stand for?

Electronic health records

What does ARRA stand for?

American Recovery and Reinvestment Act

When was ARRA formed?

2009

What does HITECH stand for?

Health Information Technology for Economic and Clinical Health

When was HITECH established?

2009

Which act was established to promote the adoption and meaningful use of health information technology?

HITECH

What was HITECH established under?

ARRA

What does ONC stand for?

Office of the National Coordinator for Health Information

What does HIE stand for?

Health information exchange

What does HIPAA stand for?

Health Insurance Portability and Accountability Act

What does USDHHS stand for?

United States Department of Health and Human Services

What is commonly called the Privacy Rule?

The Standards for Privacy of Individually Identifiable Health Information

What is the common name for The Standards for Privacy of Individually Identifiable Health Information?

The Privacy Rule

When did the Privacy Rule take effect?

2003

What provides federal protection for the privacy of health information in all states?

The Privacy Rule

What requires every healthcare provider to inform patients about their health information is used?

HIPAA

What are the procedures, processes, and actions that healthcare providers are legally permitted to perform in keeping with the terms of their professional license or registration?

Scope of practice

What does ADA stand for?

Americans with Disabilities Act

What does PSDA stand for?

Patient Self-Determination Act

What does GINA stand for?

Genetic Information Non-Discrimination Act

What does MHPA stand for?

Mental Health Parity Act

What does NMHPA stand for?

Newborns and Mothers' Health Protection Act

What does OBRA stand for?

Omnibus Budget Reconciliation Act

When was OBRA passed?

1987

What does PPACA stand for?

Patient Protection and Affordable Care Act

What does CDC stand for?

Centers for Disease Control and Prevention

What does OSHA stand for?

Occupational Safety and Health Administration

What does CMS stand for?

Centers for Medicare and Medicaid Services

What does FDA stand for?

Federal Drug Administration

What does NHTSA stand for?

National Highway Traffic Safety Administration

Who established Bloodborne Pathogen Standards much be followed by all healthcare facilities and healthcare workers?

OSHA

Who established educational standards for emergency medical services?

The NHTSA Office of EMS

Who developed Standard Precautions?

CDC

Who developed Transmission Based Precautions?

CDC

True or false: most health care agencies have specific rules, regulations, and standards that determine the activities performed by individuals employed in different positions.

True

What is a set of principles relating to what is morally right or wrong?

Ethics

What provides a standard of conduct or code of behavior?

Ethics

What allows a healthcare provider to analyze information and make decisions based on what people believe is right and good conduct?

Ethics

What is assisted death?

Euthanasia

What means that information about the patient must remain private and can be shared only with other members of the patient's health care team?

Confidentiality

True or false: gossiping about patients is not ethically wrong.

False

What can occur if a patient suffers personal or financial damage when confidential information is shared with others, including family members?

A legal violation

What are the factors of care that patients can expect to receive?

Patients' rights

Federal and state legislation requires health care agencies to have \________ \_________ concerning patients' rights

Written policies

When was the Consumer Bill of Rights and Responsibilities implemented?

1998

Who implements the Consumer Bill of Rights and Responsibilities?

The USDHHS

What states that patients have the right to receive accurate, easily understood information and assistance in making informed healthcare decisions about their healthcare plans, professionals, and facilities?

Consumer Bill of Rights and Responsibilities

What allows patients to have a choice of healthcare providers that is sufficient to ensure access to appropriate high-quality health care?

Consumer Bill of Rights and Responsibilities

What allows patients to access emergency health services when and where the need arises?

Consumer Bill of Rights and Responsibilities

What allows patients to fully participate in all decisions related to their healthcare?

Consumer Bill of Rights and Responsibilities

What allows patients to be represented by parents, guardians, family members, or other conservators if they are unable to fully participate in treatment decisions?

Consumer Bill of Rights and Responsibilities

What allows patients the right to considerate and respoectful care?

Consumer Bill of Rights and Responsibilities

What allows patients the right to not be discriminated against in the delivery of health care services based on race, ethnicity, national origin, religion, gender, age, mental or physical disability, sexual orientation, genetic information, or source of payment?

Consumer Bill of Rights and Responsibilities