1. LEGAL AND ETHICAL RESPONSIBILITIES DEBBIE LARSON

2. OBJECTIVES oDEFINE PRIVILEGED COMMUNICATION AND HOW IT MAY APPLY TO HEALTH CARE oDEFINE HIPAA AND HOW IT PROTECTS PRIVACY OF HEALTHCARE INFORMATION o6 BASIC RULES OF ETHICS oPATIENTS RIGHTS oWHAT IS THE DIFFERENCE BETWEEN LEGAL AND ETHICAL

3. OBJECTIVES oKNOW THESE TERMS MALPRACTICEFALSE IMPRISONMENT NEGLIGENCE ABUSE ASSAULT AND BATTERY DEFAMATION INVASION OF PRIVACY LIBEL SLANDERTORT

4. LAW oA RULE THAT MUST BE FOLLOWED oFEDERAL oSTATE oLOCAL oHEALTH CARE PROFESSIONALS MUST KNOW AND FOLLOW THE STATE LAWS THAT REGULATE THEIR LICENSE/REGISTRATIONS

5. 2 TYPES OF LAW oCRIMINAL LAW oCIVIL LAW

6. TORT oA WRONGFUL ACT THAT DOES NOT INVOLVE A CONTRACT oEXAMPLES INCLUDE: oMALPRACTICE oNEGLIGENCE oASSAULT & BATTERY oINVASION OF PRIVACY oABUSE oDEFAMATION

7. CONTRACTS oAN AGREEMENT BETWEEN TWO OR MORE PARTIES oCAN BE IMPLIED OR EXPRESSED oHAVE THREE PARTS – oOFFER oACCEPTANCE oCONSIDERATION

8. LEGAL DISABILITY oDOES NOT HAVE LEGAL CAPACITY TO FORM A CONTRACT oMINORS oMENTALLY INCOMPETENT oALTERED MENTAL STATE oUNCONSCIOUS

9. PRIVILEGED COMMUNICATIONS oALL INFORMATION GIVEN TO HEALTHCARE PERSONNEL BY A PATIENT oBY LAW, IT MUST BE KEPT CONFIDENTIAL AND SHARED ON A “NEED TO KNOW” BASIS oCANNOT BE TOLD TO ANYONE ELSE WITHOUT WRITTEN CONSENT oHEALTH CARE RECORDS oEXEMPTIONS TO LAW

10. PRIVACY ACT oHIPAA oHEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT 1996 oSTANDARDS FOR PRIVACY OF INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION ( PRIVACY RULE) 2003

11. ETHICS oSET OF PRINCIPLES RELATING TO WHAT IS MORALLY RIGHT AND WRONG oSTANDARD OF CONDUCT OR CODE OF BEHAVIOR oMAKE DECISIONS BASED ON WHAT PEOPLE BELIEVE IS RIGHT AND GOOD CONDUCT

12. PATIENTS’ RIGHTS oFACTORS OF CARE THAT PATIENTS CAN EXPECT TO RECEIVE oAHA – “PATIENT’S BILL OF RIGHTS” oCONSIDERATE AND RESPECTFUL CARE oOBTAIN COMPLETE,CURRENT INFO RE: DX, TX, & PX oRECEIVE INFO BEFORE SIGNING CONSENT oHAVE ADVANCE DIRECTIVES oCONFIDENTIAL TX oRESONABLE RESPONSE TO A REQUEST

13. RESIDENT’S BILL OF RIGHTS oOBRA 1987 oLONG TERM FACILITIES oFREE CHOICE oFREEDOM FROM ABUSE oPRIVACY oACCOMADATIONS OF NEEDS oVOICE GRIEVANCES WITHOUT FEAR OF RETALIATION oMANAGE PERSONAL FUNDS oUNLIMITED ACCESS TO IMMEDIATE FAMILY

14. ADVANCE DIRECTIVES oLEGAL DOCUMENTS THAT ALLOW INDIVIDUALS TO STATE WHAT MEDICAL TREATMENT THEY WANT OR DO NOT WANT IN THE EVENT THEY BECOME INCAPACITATED oLIVING WILL oDURABLE POA FOR HEALTHCARE

15. PATIENT SELF-DETERMINATION ACT o1990 oMANDATES THAT ALL HEALTH CARE FACILITIES: oINFORM EVERY ADULT ORALLY, IN WRITING THEIR RIGHT UNDER THE STATE LAW TO MAKE DECISIONS CONCERNING MEDICAL CARE oPROVIDE INFO AND ASSIST IN PREPARING ADVANCE DIRECTIVES oDOCUMENT ANY DIRECTIVES IN MEDICAL RECORD

16. PATIENT SELF-DETERMINATION ACT oENSURES THAT PATIENTS ARE INFORMED OF THEIR RIGHTS AND HAVE THE OPPORTUNITY TO DETERMINE THE CARE THEY RECEIVE AND THAT ALL HCW MUST BE AWARE OF AND HONOR ADVANCE DIRECTIVES

17. PROFESSIONAL STANDARDS oPERFORM ONLY THOSE PROCEDURES FOR WHICH YOU HAVE BEEN TRAINED AND LEGALLY PERMITTED TO DO oUSE APPROVED, CORRECT METHODS WHILE PERFORMING ANY PROCEDURE oOBTAIN PROPER AUTHORIZATION BEFORE PERFORMING ANY PROCEDURE oIDENTIFY PATIENT AND OBTAIN PATIENT’S CONSENT BEFORE PERFORMING ANY PROCEDURE

18. PROFESSIONAL STANDARDS oOBSERVE ALL SAFETY PRECAUTIONS oKEEP ALL INFORMATION CONFIDENTIAL oTHINK BEFORE YOU SPEAK AND CAREFULLY CONSIDER EVERYTHING YOU SAY oTREAT ALL PATIENTS EQUALLY REGARDLESS OF RACE, RELIGION, SOCIAL OR ECONOMIC STATUS, SEX, OR NATIONALITY

19. PROFESSIONAL STANDARDS oIF AN ERROR OCCURS, REPORT IT IMMEDIATELY TO SUPERVISOR oBEHAVE PROFESSIONALLY IN DRESS, LANGUAGE, MANNERS, AND ACTIONS oACCEPT NO BRIBES OR TIPS FOR THE CARE YOU PROVIDE

20. THE END