...The Rights of Minors or their Parents to Consent to Medical Care Vanessa Lecoin University of Phoenix February 27, 2012 It is understood that under the age of 18 minors are considered to have their parents be legally responsible in all aspect of their lives including decision-making. The responsibility of the parents are to feed, clothe, financially support, shelter their children and in this case make medical decisions and sign consent to either participate or not participate in medical treatment. It is debatable on when the minors can at least participate in the decision-making process of their health care needs versus the parents pursuing to disregard their children’s feelings and make decisions despite their children’s concerns or wishes. The question is can minors be responsible in making decisions for themselves when it comes to his or her health care needs? The answer is yes, only if they are legally able to make that decision for his or herself ir if they are above the age of 18. Many minors may appear to have the knowledge and understanding to make their own decisions such as whether or not to engage in sexual activities, to drink or not drink alcoholic beverages, to smoke cigarettes, or other illegal substances. The decisions gets more in-depth when taking into consideration what types of birth control to use such as the pill and other forms of birth control contraceptives to used as precautions to lessen chances of potential pregnancies and condoms to...
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...MEDICAL MARIJUANA CARD Medical Marijuana Cards are issued by states or countries where there is legislation supporting the responsible use of cannabis for medical purposes. This card enables patients with a qualified medical doctor’s recommendation to cultivate, possess, and obtain cannabis for medicinal use. In light of this, a patient is expected to pay some certain fee in order to obtain a medical marijuana card from the state. This card is usually valid for 12 months in most cases and may be renewed after its expiration. Due to the wide rate of cannabis acceptance in the world – especially medical practitioners’ consistent advocacy for the positive effects it offers patients, over 22 states in the United States of America now issue these cards. Some others with legalized...
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...breaching confidentiality using the framework of ethical decision making and the role of the ethics committees. Ethical Implications of a Breach of Confidentiality A confidentiality breach is when patient information is disclosed to a party that is not a direct part of the patients’ healthcare team without obtaining the appropriate patient consent (American Medical Association, 2012). It is important for the nurse to maintain confidentiality to gain the patients trust, except in situations that are required by law to be reported. When confidentiality is breached many ethical implications arise. Some of these implications are losing a patients’ trust and disclosing information to parties that is not required by law, which could cause harm to the patient. In the article “Bioethics on NBC’s ER: Betraying Trust or Providing Good Care? When is it OK to Break Confidentiality?” the nurse did the right thing by breaking patient confidentiality in revealing to the parents that their minor child had cervical cancer. This breach in confidentiality was warranted by the fact the parents needed to know to ensure medical care was provided to the child. However, the nurse revealing the...
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...Confidentiality in medicine in one definition is the ethical principle or legal right that a physician or other health professional will keep all information relating to a patient private, unless the patient gives consent for disclosure. Patients routinely share personal information with health care providers. If the confidentiality of this information were not protected, trust in the physician-patient relationship would be lessened. Patients would be less likely to share sensitive information, which could negatively impact their care. Creating a trusting environment by respecting patient privacy encourages the patient to seek care and to be as honest as possible during the health care visit (Bord, et al.). Confidentiality assures that private information will not be...
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...The doctor-patient relationship is an important connection. Doctor-patient confidentiality is based on the notion that a person shouldn’t be worried about seeking medical treatment for fear that his or her condition will be disclosed to others. There are some patient problems that doctor should keep in secret and not tell the third person about the problems. There is an example, if a teenager tell a doctor “I am really depressed and I’ve been thinking of killing myself”(“Teenage confidentiality: A young person’s right to privacy”).The doctor can’t tell the information, because the doctor has got this kid the proper help. The teenager’s concerns about confidentiality can be a major barrier to obtaining health care. The contraception teens have a right to confidentiality when it comes to contraception. Also, it is mutually understood that any information the young patient shares with the physician remains in strict confidence unless in the doctor’s judgment. The teen is exhibiting problems or behavior that can be interpreted as dangerous, if the doctor’s duty to inform the parents. The doctor have a duty to warn individuals who are threatened by their patients with bodily harm. Severe mental health issues, severe emotions and mental health problems. The doctor suspects that these issues may stem from major problems within the home. Those are the problems the doctor should keep in secret and the keep patient’s proper. There are some doctor problems that what doctor thinks...
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...(HIPAA) A shadow chart (not part of the legal medical record) is a copy of original health record retained apart from the primary custodial area used primary by health care providers in their office or clinic setting. Independent databases are often created by researchers and may not include the same content as the original health record. In case of a late entry (addendum) in one, shadow chart or independent database, that is used to add information to a previous entry must have the title addendum, date, time, the reasons of creating the addendum referring back to the original entry (Legal Medical Records Standards). Information technology staff can help decrease incidents of security breaches by implementing screen protectors in all computers, by providing logging accreditation to all personnel, by using network security software and hardware, by monitoring the safety of the network and by educating, reporting and enforcing any HIPAA violation. In case of disclosure of unauthorized protected medical information such as providing a copy of medical records to a friend of a patient without written authorization from the patient may result in fines and imprisonment to the institution and individuals involved in such HIPAA violation. HIPAA defines as criminal the use or disclosure (by individuals or institutions) of confidential medical information of a patient for any other purposes than treatment, payment, or health care operations. Such violations carry fines and/or imprisonment...
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...with access limited to authorized personnel. A2. Information Technology Staff It is the responsibility of Information Technology (IT) staff to educate the clinical staff on ways to diminish security breaches by securing their workstations when they are not being used. Teaching clinical staff the importance of not sharing passwords and securing stations will greatly help security. The IT staff could use a power point to explain the policy to staff along with the disciplinary policy for violation of company policy or the HIPAA Privacy Act. Criminal Liability Montana Code 41-1-402 states that a minor can consent to treatment if it is an emergency situation and the guardian is unavailable. a minor who needs emergency care, including transfusions, without which the minor's health will be jeopardized. If emergency care is rendered, the parent, parents, or legal guardian must be informed as soon as practical except under the circumstances mentioned in this subsection (2). (MLS,2011) Criminal liability could result if they do not follow this code correctly. A...
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...possess an effective working knowledge of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule and Security Rule. At some point in your career, you may be asked to participate in policy development and to apply specifications included in new HIPAA Law to existing policies. Health informatics professionals need to be aware of new laws and regulations, how they impact the healthcare organization, and how best to educate staff on any workplace changes. This task will provide you with two documents. First, read the attached “Health Record Policies,” which includes policy draft excerpts. Next, read the attached “Sections of Montana Code,” which includes definitions from Montana law pertaining to the validity of consent of minor for health services (41-1-402), confidentiality of health information (50-16-603), patients’ examination and copying (50-16-541 and 50-16-542), and reasonable fees allowed (50-16-540). Task: A. Evaluate the two policies in the attached “Health Record Policies” by doing the following: 1. Discuss what information should be included in an addendum pertaining to a shadow chart. 2. Discuss how information technology staff can help decrease incidents of security breaches. B. Discuss one situation from Montana Code 41-1-402 (2a through 2d) that may result in criminal liability to the organization if not followed. 1. Summarize how HIPAA defines criminal liability. 2. Explain which part of 2a through 2d of Montana Code 41-1-402 would directly...
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...Chris presents several critical issues with high needs. He recently lost his common partner of 5 years to a drunken driver. He is left to care for two minor children who range in age from two years and 4 years respectively. Chris works two part-time jobs with a total of 32 hours per week with no benefits. In the needs hierarchy, I would place Housing and food as the most need first, than I would place finding suitable medical and dental care second, and third, would be finding suitable childcare. The reason why I chose housing and food first, is because he has minor children with him. Had he been a single man, the situation would be different. Children cannot be left to the elements, if they happen to be evicted from the home, and going...
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...After each visit a record of the visit is place in the patient’s primary chart. After this is in place a copy may be made for the shadow chart. It is essential to understand that these are only copies. The reason we have shadow charts is to treat patients at our off site clinic locations, and to be able to provide other departments a copy of the record without having to give the primary file. We want to make sure our permanent chart is ALWAYS in place, so therefore this contains all the patient information. In the shadow charts we only place copies of what is needed to be seen by other departments. These departments do not need access to the patient’s entire medical record. Employees must know that shadow charts are to be place in the locked cabinet at all time. This maintains the confidentiality of the patient’s medical record. Even though the shadow chart doesn’t contain all patient information it is essential to treat it just like the permanent chart. It must be safe and secure at all times. A2. IT Staff & Security Breach Measures: There are several different ways in which IT staff can help decrease incidents in security breaches. The first way is to provide limited access to employees based on the employees needs within the system. Not every employee needs access to the exact same thing. Having an audit log in place is another wonderful measure that can be put into place. This is in place in case there is a breach the IT staff can easily see who was involved in the...
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...special case of minors where in most cases, parents are the personal representatives for their children. Since young children may not make sound judgment and parents provide for them financially, many agree parents should be able to make medical decisions and have disclosure of their child’s medical records. However, there is a gray area that is illustrated in the case concerning the 14-year-old patient requesting oral contraceptives. Over recent years, it has been recognized by many state governments and the U.S. Supreme Court that many minors will forgo important sexual and reproductive healthcare services while still being sexual active if parental involvement is mandatory (An Overview of Minors’ Consent Law, 2014). The main argument revolves around whether minors can provide informed consent. There are individuals who argue that competency and maturity are not automatically bestowed at the age of 18, therefore to withhold privacy rights for minors would be wrong (Minors’ Access to Contraceptive Services, 2014). In the court case Carey v. Population Services International, the U.S. Supreme Court ruled that the "right to privacy in connection with decisions affecting procreation extends to minors as well as adults (Carey v. Population Servs. Int'l, 1977). Currently, there are 26 states and the District of Columbia who permits all minors aged 12 and older to consent to contraceptive, prenatal, and STI services while 20 states allow certain categories of minors to consent to...
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...For Adult and Minor (under 18 years of age) Participants BRIDGES USA, Inc. Programs Participant Agreement, including Acknowledgment and Assumption of Risks and Agreements of Release and Indemnity Please read this document carefully. It contains important information about the programs of BRIDGES USA, Inc., a Tennessee not-for-profit corporation (“BRIDGES”). The document affects the legal rights of all participants, their parents and legal guardians. It must be signed by each adult participant in the program (“Participant”), AND by a Parent or Guardian (each referred to as “Parent”) of each Participant who is a minor. The Parent signs and agrees for himself or herself and on behalf of the Participant. In consideration of being allowed to participate in these programs, Participant and Parent of a minor Participant acknowledge and agree as follows: Activities and Risks Programs of BRIDGES include Team BRIDGES, Workforce Development, Bridge Builders® (Connect, Collaborate and Change), O2E and BRIDGES College Corps, ClimBRIDGES and any other events conducted by Team BRIDGES on the BRIDGES’ challenge course and rock climbing wall and elsewhere. The programs consist of low challenge course activities, high challenge course activities, and artificial rock wall climbing. A challenge course is a network of obstacles, cables, ropes, swings and platforms, some as high as 30 (thirty) feet off of the ground, over which participants may walk and swing, with or without the assistance...
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...physically and mentally. Chemotherapy alters a person’s physical appearance, as well as their metal state. Cassandra is not alive and thriving, in other cases such as these the right action would be what would bring the best outcome. The consequentialism theory would allow for actions like those of the state to occur because the outcome far outweighs the inputs. Although Cassandra had to endure pain, both mentally and physically, because of the separation from her mother and forcible treatment the outcome of life outweighs the short term...
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...Phoenix HCS/335 Administrative Ethics January 31, 2012 Confidentiality is implicit in maintaining a patient's privacy, but confidentiality between provider and client is not an absolute right. Privacy is defined as the ability of the individual to maintain information in a protected way. Confidentiality in health care is the obligation of the health care provider not to disclose information. Within this paper I am going to discuss the confidentiality in regards to minors of how it affects them, relate to the facts, discuss the ethical/ legal issues, explain the managerial responsibilities and identify the proposed solutions. When dealing with confidentiality in the healthcare profession the acting provider does not suppose to disclose information. Take minors for example; they are protected under (FERPA) Family Educational Rights Privacy Act. FERPA has been known to protect minors in regards to educational purposes, important files, documents, photography and etc. After the minor reaches the age of 18 their rights are then transferred to them from their parent. Confidentiality is very risky and complicated when dealing with a minor, social workers and other persons involved are very cautious when giving out information about minors. Reasons being is because children as minors go through so much in regards to mental abuse, sexual abuse and physical abuse so keeping important documents and files confidential is mandatory. The arguments used in this particular article...
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...Running head: ASSIGNMENT 4 ORGANIZATION OF A HEALTH CARE FACILITY Assignment 4 HSA 515 Organization of a Health Care Facility As a chief operating officer, you are responsible for a 15-bed Emergency Room (ER). You have received many complaints within the last year regarding inadequate patient care, poor ER management, long wait times, and patients being sent away because of lack of space, staff, or physicians to provide appropriate care. Diagnose the root causes of the complaints about the clinic. In a 15-bed Emergency Room (ER), overcrowding of patients is the root cause for inadequate patient care in the ER. The increase in patients throughout the years with limited staff has become an issue for emergency rooms. The increase in patients is created by the increase in the number of aging population with chronic medical conditions and increasing number of uninsured or underinsured patients that go to the emergency room for everyday ailments. Due to the limited number of resources, the emergency room can not maintain an adequate number of physicians, nurses, and support staff to accommodate and care for the number of patients. Overcrowding not only creates long waiting times but also increases risks of medical errors. The physicians are over their capacity which can lead to undue stress and burnout, which in turns leads to poor and inadequate treatment to the patients. Due to the overcrowding, the ER physician will not have...
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