...associated with clinical psychology? Provide an example of a situation that could be legal but unethical. Explain your response. There are many legal issues that exist in clinical psychology. Two of these legal issues are maintaining confidentiality and getting written consent to treat. A clinical psychologist is required by law to obtain the patients written consent before treating them or before any experiment takes place. A patient can opt out or withdraw consent whenever they deem it appropriate during treatment. If consent is withdrawn the treatment or experiment that involves the patient must stop (Plante, 2011). A psychologist must maintain confidentiality, this means that they are not allowed to disclose personal records and treatment with anyone but the patient unless child abuse is suspected, the patient may harm themselves or another, or there is a court order (Plante, 2011). An example of something that is legal but not ethical would be if there is an order from a judge to provide the records of the patient but the patient is unaware or refuses to consent. The therapist must turn over the patients file, however they may not believe it is ethical because the patient does not consent. 2. What are at least two ethical issues associated with clinical psychology? Provide an example of a situation that could be ethical but illegal. Explain your response. There are also many ethical issues in clinical psychology. One ethical issue a clinical...
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...a HIPAA violation. Health insurance portability and Accountability Act (HIPAA) of 1996 arise from the Privacy Rule issued by the U.S. Department of Health Human Services. HIPAA set the guidelines for usage, release and protection of individuals’ identifiable health information in any various forms such as electronic, paper or oral. Any HIPAA violation will results in fines, loss of job and possible criminal prosecution. The severity of punishment and ease of committing a HIPAA violations should intensify health care workers every actions. Yet, that is not the case because handling of patient health information on a daily basis have lead many health care worker to become complacent. If I would to guess the most common HIPAA violation is conversation about a...
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...Ethics, Informed Consent, and Enforceable Standards William Neelsen Ethics, Informed Consent, and Enforceable Standards The clinician has high ethical standards as well as legal regulations to obtain the proper and legal consent to treat individuals in the field of psychology. Without bias to the methodology (research, experimentation, testing, or therapy), the psychologist is obligated by law, and the APA Code of Ethics to have consent to treat. The consent is in place for many reasons. The foremost is to inform the patient of the treatment plan to be undertaken, how the psychologist/clinician will administer care, and the prognosis of such treatments hopes to achieve (May, 2004). However, consent also places legal backing to the treatment given to the patient, recording necessary information such as possible diagnosis, personal and confidential information given by the patient, and a record of treatment versus effect. Informed consent creates a level and understood beginning to the treatment process, by which the patient and clinician are understood to the process of therapeutic services, or psychological testing and research that is to take place. The APA Code of Ethics is in place for the psychologist to have rigid and enforceable standards of not only how to effectively treat individuals in the therapy setting, but also of how to protect the confidential and highly sensitive nature of psycho-therapy. The psychologist in the clinical setting is observing and offering...
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...nursing standards, she is not working as an advocate for her patient, Mr. E at this situation (Code of Ethics - the Division of State Documents, 10.27.19.02). The patient already signed advanced directive against life saving measures almost seven years ago, at the time of admission to a nursing home, with the help of patient advocate; but Dr G. is planning patient care in opposition to Mr.E’s active advance directive and his expressed objections to the medical care. There are numerous issues to consider in this case study. The nurse has to review her professional role according to code of ethics and nursing standards in relation to advance directives and medical power of attorney. The nurse also has to consider the patient’s right to privacy and confidentiality according to HIPPA Policy. The issues in contemporary healthcare facilities are sometimes the statues can be vague, and issues can be in conflict with own personal beliefs in most areas. A) State Regulations and Nursing Standards of practice There are specific Maryland state regulations and nursing standards regarding patient rights in this case study. However, the most relevant regulation is that, the nurse promotes, advocates for, and strives to protect the health, safety, and rights of the patient (Nursing code of Ethics: Interpretation and Application, ©2010 Provision 3) 1. Health care workers have to disclose or release patient health information only if it is requested by law. Nurse...
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...the protection and privacy of patient health information whether that be in a clinic, hospital, nursing facility, or dental office. The major focus of HIPAA is making sure that as patient information that is being shared whether by mail, phone, or electronically that information that is disclosed is protected. There is information that as healthcare providers we need to know to protect our patient rights and ourselves as the providers. HIPAA has implemented some new rights concerning health information of a patient called Protected Health Information (PHI). The privacy rule calls all “Individually identifiable health information,” PHI. We should also be aware that there is the possibility of being fined if there is a violation or breach to comply with the rules and regulations whether they are violated accidentally or purposely. If an employee violated a HIPAA regulation without knowledge of doing so than that employee can be fined 100 per violation with a maximum amount of 25,000. The maximum penalty is 50,000 per violation with an annual maximum amount of 1.5 million. No one wants to find themselves owing this kind of money and more importantly, we should care about our patient’s privacy enough to constantly be aware of how we handle their personal information. HIPAA regulations are there to protect the patient‘s privacy and the people that are involved with the patient directly are forbidden to disclose any information regarding the patient unless it’s with someone directly...
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...Healthcare sector. However, there are still many instances of violations on a daily basis that employees, managers and CEOs alike are unaware of. We've collected the top ten most common violations so that you can guard against them. One. Employees illegally accessing patient files Employees accessing patient information without being authorized is a very common HIPAA violation. Reasons may vary from curiosity, to spite, even as a favor for friends or family. Regardless of the reasons, the practice is illegal and can cost you. Employees that use or sell PHI for their own gain can be subject to fines and even prison time. Two. Texting patient information When vital signs or test results...
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...Explain how the patient Bill of Rights applies to this case: According to [ (The American Cancer Society) ], the patient bill of rights seeks “to help patients feel more confident in the US health care system. The Bill of Rights: assures that the health care system is fair and it works to meet patients' needs, gives patients a way to address any problems they may have, encourage patients to take an active role in staying or getting healthy, stress the importance of a strong relationship between patients and their health care providers, to stress the key role patients play in staying healthy by laying out rights and responsibilities for all patients and health care providers.” The essential goal is to let patients know the treatment options proposed by the medical professional tending to them so that the patient can consent to treatment that they feel is right for them. Under the bill of rights, patients the right to talk privately with health care providers and to have your health care information protected. According to [ (The AGS Foundation for Health in Aging) ], “Except under extraordinary circumstances, you have the legal right to make decisions about your body and your medical care. Ideally, these decisions should be made by capable, informed patients after discussion with their physicians and other health care providers.” Identify and explain at least three ethical considerations: The ethical considerations are that the Nurse Nancy is taking it upon herself to give...
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...backfired on health care providers and patients alike. Describe the issue and its impact on the population it effects most. Caitlyn Dewey of the Washington Post wrote an article that sheds light on one such issue: protecting patients’ information from the internet. The article outlines the increasingly horrendous trend called medical gore, “graphic, bloody images from surgeries, accidents and morgues, passed around Youtube, Imgur and more shadowy sites not for educational or training purposes, but for the macabre titillation of amateurs” (Dewey, 2014). It seems that frequently clinical staff, including doctors and nurses, take these digital images of these patients and share them with other people. While much of the gore comes from other countries with less strict patient protection laws, it is not uncommon in the United States. According to Dewey, there is a large gathering of people who “enjoy the bloody mess” (2014, p.2). The medical gore trend entails taking expository pictures of patients in extremely vulnerable positions. One such patient is described in the article as being horrified at the discovery. She was notified that a picture of her recent suicide attempt, where she stuck two pencils in her eyes, had been shared and subsequently posted online. She was equally horrified at the knowledge that she was one of many. Patients are impacted by this issue in grave ways. The patient outlined in the article had difficulty moving past the violation. After a failed attempt at a lawsuit...
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...Syphilis Study Response It was not hard to find ethical violations in the Tuskegee Syphilis Study. The doctors of this study broke all four of the standard ethical rules. For example, by not curing the victim’s syphilis or even diagnosing it, they were broke rule number one. Do no harm, but this was only the first of many violations. Not only did they not tell the victims, they decided to do a case study on syphilis progression. They did this without informing their “patients”, but also without any voluntary participation. This counts as two violations because to do any study, the subject needs to be a volunteer and they also need to be fully informed of the risks involved and why it is being studied. This is known as voluntary participation and informed consent. In fact, these doctors committed two more violations by luring the test subjects to the clinic under false pretenses. Most subjects were convinced that they were participating in a public health demonstration. This violated the “informed consent” rule and the “do no harm rule”. By not informing the patients of the real goal of their participation, the subjects were brought to the clinic under false pretenses. They purposely manipulated their patients which is how they broke the “do no harm” rule. By allowing this to go on for so long, they infected several of the subject’s wives and many children were born with congenital syphilis. This is an ethical violation of protecting the population. Not only did they not cure...
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...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 (Privacy, Security, and Confidentiality). According to the Montana Code 41-1-402 the healthcare provider can obtain a legal consent for prevention, diagnosis or treatment from a minor (without adult supervision) if the minor is graduated from high school, have a child, lives alone and supports...
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...educational requirements in regard to information security. Likewise, the address will recognize the laws and how they shape policy in healthcare. Legislative and Legal Systems As a rule, shadow charts should contain copies of information from a patient’s primary chart. In some cases, the shadow chart may contain original information meant for the patient’s primary records. This causes the patient health record to be incomplete or at least not up to date. The need for seamless and routine reconciliation is clearly present. As with all patient health records, appropriate authorization is critical with shadow charts. Authorizations should be granted to appropriate staff, as well as identical release of information procedure followed by the H.I.M. Department. IT Staff and Security The Information Technology staff is to have entry orientation on information security, followed by documented annual reeducation. Along with all education should be the reminder of the legal and facility ramification of policy violation. Standard security work place practices should be in place to help safeguard patient information. IT security Practices Firewall | Encryption of data | Appropriate staff access | Anti-spyware | Secured workstations | No sharing of passwords | Legal Issues of Privacy In discussion of the Montana Code 41-1-402, it is noted subsections 2a-2d refers to consenting of minors for medical treatment. In addition of a minor consenting for treatment, there is...
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...If I would to guess the most common HIPAA violation is conversation regarding patient amongst co-workers. The discussion concerning a patient with certain condition, disease, or procedural case because it is interesting or peculiar with another co-worker are common. Discussion often occur in public places such as in the elevator, the hallway, or the cafeteria where patient’s family members, friends, or another patient are able overhear and identify the individual. It is human nature to gossip and be curious about an unknown subject. However, the discussion presents a HIPAA violation since he or she is identifying the patient through narrative. Even though workers attempt to keep patient confidentiality by omitting the patient’s name or pointing...
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...Times article “When Med Students Post Patient Pictures” Cohen (2011) describes a situation in which a medical student posts a comical picture of a patient with rebar in his abdomen. The student uploads the picture to Facebook with the caption “a 5-foot-9 Hispanic male walks into a bar” (para. 1). Additionally, the article states that battlefield humor is a common response by many medical professionals, but this does not diminish the doctor-patient privilege of confidentiality. Even though no identifiable patient information is on display, Cohen (2011) indicates that “the chances of that happening increase as the injuries depicted grow more grotesque and less commonplace” (para. 2). Although one can easily surmise the medical student’s actions are both illegal and unethical, his or her actions have further-reaching implications. Facts Legality Like Cohen, Hernandez (2011) agrees “the weirder and more specific the facts, the greater the chances are of identifying who’s involved” (para. 3), and the poster violates the AMA Code of Medical Ethics “which these future physicians ought to emulate” (para. 5). The American Medical Association (AMA) has many Opinions in its Code of Ethics in regard to the protection of patient privacy. However, there are three Opinions that exemplify the need for patient confidentiality. First, Opinion 5.045—Filming Patients in Health Care Setting clearly states “filming patients without consent is a violation of the patient’s privacy” (AMA, 2013...
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...Access to Information: Shadow Chart Policies Shadow charts are used to gather information for ancillary department that need to access some of part of a patients file. All informations in shadow charts should be copies and all original records should always remain in the patients primary chart. The patients main chart must contain the most up to date information and be available to any department that may need access to it. To accomplish this ancillary departments use shadow charts that contain copies of any information they may need. Shadow charts should be maintains with the same safety and security as a primary chart and must be kept in locked files 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...
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...following questions: • Was the patient stabilized? • Was the patient stable for transfer? • Was the patient’s transfer done in an appropriate manner? • When did the EMTALA obligation end? Was the patient stabilized after treatment for the EMC? In this scenario the Hospital personnel had fulfilled their obligation of stabilizing the patient and the patient remained in the hospital for a whole day. The patent at this point is now in an ‘in-patient’ status. No further EMTALA obligations should exist for the hospital if an identified emergency medical condition has been stabilized or if the patient in question is considered...
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