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Chapter 12—Ethics for Healthcare Practitioners

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1 Chapter 12—Ethics for Healthcare Practitioners
PowerPoint to accompany Law & Ethics For Medical Careers Fourth Edition Judson · Harrison · Hicks Chapter 12—Ethics for Healthcare Practitioners Copyright © The McGraw-Hill Companies, Inc. Permission required for reproduction or display 12-1

2 Ethics for Healthcare Practitioners
Objectives Explain ethical responsibilities for advertising and the media Identify ethically acceptable fees and charges Discuss ethical guidelines concerning medical records Discuss ethical guidelines concerning a physician’s practice Identify ethical issues dealing with professional rights and responsibilities

3 Hospital Relations Admission Fee Compulsory Assessments
Billing for House Staff and Student Services Economic Incentives and Levels of Care Organized Medical Staff Physician-Hospital Contractual Relations Staff Privileges

4 Hospital Relations continued
Physicians may bill for services performed by residents under their direct supervision Medical staff may act as a group when dealing with hospital’s governing board

5 Hospital Relations continued
Staff privileges should be based on training, experience and competence Many different contractual relationships may be legal and ethical between physicians and hospitals Most contractual relationships are of an employment nature

6 Communication and Confidentiality Issues
Advertising and Publicity Direct-to-Consumer Advertisements of Prescription Drugs Physician Advisory or Referral Services by Telecommunication Standards of Professional Responsibility Confidentiality of the Medical Record

7 Communication and Confidentiality Issues continued
Physicians may advertise their services as long as claim is true and not deceptive Physicians should be concerned that direct-to-consumer prescription drugs do not raise false expectations Physicians should limit their services that are via various telecommunication devices

8 Communication and Confidentiality Issues continued
When the media request information about a patient, it may be released only with consent of the patient The use of patients in film, videotape, or educational materials may only be done with the patients consent

9 Communication and Confidentiality Issues continued
Confidential information should not be released without a patient’s consent, unless: Patient threatens bodily harm to self or others Patient has reportable communicable disease Patient has gunshot or knife wound Subpoenaed to testify in court

10 Fees and Charges A physician’s fee should be based on the value of the service provided and not contingent on outcome Fee-splitting is unethical Physicians may only waive co-payments in accordance with law and agreements with insurers

11 Fees and Charges continued
Physicians may file a lien for unpaid fees if appropriate Professional courtesy of treating other physicians and their families for free or at a reduced rate, although a tradition, is not required and often not acceptable to insurance companies

12 Medical Records Medical records should be released upon request with written authorization of patient No physician should refuse to make records available to another physician treating the patient Records may not be withheld because of an unpaid bill

13 Medical Records continued
For medical record retention follow the state and federal guidelines When a physician leaves a group practice or retires his or her patients should be notified When a physician dies, the medical records should be retained subject to requests from patients for forwarding of records

14 Practice Matters Patient welfare must be before all other concerns
Physicians should provide patients with information that allows the patient to make intelligent choices Physicians and patients are both free to accept or decline a physician-patient contractual arrangement

15 Practice Matters continued
Physicians are responsible for continuity of care and may not withdraw from a case without notifying the patient in advance Physicians should not treat themselves or members of their immediate families, except in an emergency

16 Practice Matters continued
A conflict of interest is when the physician puts his or her financial interest above the welfare of the patient Examples: May not refer patients to other facilities in which they have a financial interest without telling the patient first May not accept payments for referrals to other healthcare services

17 Practice Matters continued
Managed Care Must place interest of patient first Work to ensure that formulary decisions reflect the needs of patient Use appellate mechanisms to address disputes regarding medical care Promote full disclosure to patients

18 Professional Rights and Responsibilities
Physicians are free to choose their specialty, to limit practice to specialized services, and to choose whom he or she will serve. However, they cannot discriminate because of race, color, religion, national origin, or sexual orientation Physicians have an ethical duty to expose incompetent, corrupt, dishonest, or unethical conduct by members of the medical profession

19 Professional Rights and Responsibilities continued
Physicians who know they have an infectious disease should not engage in any activity that risks transmission Physicians are obligated to share their knowledge and report research results Physicians may patent surgical devices or instruments, but patenting of procedures is unethical

20 Ethics Guide Discussion
A physician-employer learns that one of the physicians he employs has a drug and alcohol problem. What is the physician-employer’s responsibility? The physician assistant in your office comes back from a golf weekend, bragging about how a drug company paid for the luxury hotel and golf game. What are you going to do?

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