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NCM 108: Health Care Ethics

Lesson 5
SEXUALITY AND HUMAN REPRODUCTION
From an evolutionary viewpoint, sexuality diverse and personal, and it is an important part of
has been driven by the imperative to reproduce. who you are.
During the 20th century, however, reproduction
and sexuality began to move independently, and Although sexual activity has, until very
today they can be, in many ways, considered recently, been essential to reproduction, this did
separate, if not independent. not preclude the non-reproductive importance of
sexual relationships and non-conceptive
This epochal change has been made copulations. Technological advances, however,
possible by enormous progress in the now allow for both sex without reproduction and
understanding of reproductive processes, followed reproduction without sex. This review summarizes
by a newfound ability to modify them. To social and ethical commentaries on the new
understand the changing relationship between relationship between sex and reproduction.
reproduction and sexuality is imperative to go
beyond biology. Anthropological facts, Your sexuality can play an important role
philosophical reflections and ethical norms and in your identity and sense of self. Sexuality often
religious dictates must also be taken into refers to a person's sexual orientation or
consideration. Specifically a review of religious preference. Your sexual orientation is
attitudes toward the new horizons of human who youare emotionally, mentally,
reproduction is fundamental to the understanding and physically attracted to. This may be same-sex
of an evolving human sexuality, because, by and (homosexual), male-female (heterosexual) or
large, religions continue to oppose change in how bisexual orientation (most genders).
humans view sexuality. All religions have focused You may consider yourself gay, lesbian, bisexual,
on sexuality and its moral regulation, considering straight, pansexual (attracted to people regardless
the sacred origin of life—a gift from God—a of their gender identity), or you may not be
basic concept and a cornerstone of religiosity. By sure of your sexuality.
necessity, the focus here will be limited to the Sexuality can also refer to a person's capacity for
three major monotheistic religions; for details on sexual feelings. More than the need to reproduce,
sexuality and religious ethics, the reader is sexual drive is an important part of human
referred to recently published reviews emotional expression and deep connection with
(Schenker, 2008; Serour, 2008; Benagiano and another. It’s not clear whether our sexuality is a
Mori, 2009). result of genetic or hormonal factors, our
childhood and parenting, or the society and culture
It typically involves sexual intercourse we grow up in. However, exploring your sexuality
between a man and a woman. is normal, healthy, and deeply personal.
During sexual intercourse, the interaction between
the male and female reproductive systems results Human sexuality is the way people
in fertilization of the woman's ovum by the man's experience and express themselves sexually. This
sperm. These are specialized reproductive cells involves biological, erotic, physical, emotional,
called gametes, created in a process called social, or spiritual feelings and behaviors. Because
meiosis. it is a broad term, which has varied with historical
contexts over time, it lacks a precise definition.
Sexuality is about your sexual feelings, Human reproduction is any form of sex or
thoughts, attractions and behaviours towards other reproduction resulting in human fertilization. It
people. You can find other people physically, typically involves sexual intercourse between a
sexually or emotionally attractive, and all those man and a woman. During sexual intercourse, the
things are a part of your sexuality. Sexuality is interaction between the male and female
reproductive systems results in fertilization of the relevant and appropriate, whereas today virtually
woman's ovum by the man's sperm. These are all studies show that the great majority of women
specialized reproductive cells called gametes, and men can remain sexually interested and active
created in a process called meiosis. While normal until the end of life (World Health Organisation,
cells contains 46 chromosomes, 23 pairs, gamete 2004).
cells only contain 23 chromosomes, and it is when
these two cells merge into one zygote cell For many women sexuality may become critical at
that genetic recombination occurs and the new menopausal transition with several factors
zygote contains 23 chromosomes from each contributing to shape future sexuality. These may
parent, giving them 23 pairs. A typical 9-month be biological, psychological and socio-relational
gestation period is followed by childbirth. The and they may negatively affect the entire sexual
fertilization of the ovum may be achieved by response cycle, inducing significant changes in
artificial insemination methods, which do not desire, arousal, orgasm and satisfaction (Nappi,
involve sexual intercourse. Assisted reproductive 2007).
technology also exists.
Sex for pleasure
Sex without reproduction
The practical possibility to separate sex from
Female accessibility and a concealed fertile period reproduction has eased a condition that has always
carried with them a fundamental consequence: the existed among humans: sex purely for pleasure,
need to avoid, rather than seek conception during either outside wedlock or adulterous. Traditional
intercourse. societies, as well as monotheistic religions, have
condemned unequivocally this approach,
In this respect humans have tried to practice considering pre- and extra-marital sex highly
contraception ever since they began to leave detrimental for societal and marriage stability. At
written records the other extreme are those who insist that the
meaning of sexuality is pleasure independent of
Sexuality after menopause procreation. No matter what position one takes, it
is probable that modern contraception accelerated
During the second part of the 20th century two the ‘sex for pleasure’ process.
major events substantially modified the population
pyramid of western countries: an extraordinary Reproduction without sex
increase in life expectancy that—for women—
rose well above 80 years; and a decrease in It is undeniable that in the modern world, sexual
fertility often below replacement levels. activity will play a decreasing role in
reproduction. A number of technological advances
This means that at least in western countries, a have made a reality the almost complete
large proportion of women may end up spending separation of sexuality and reproduction; almost
more years in post-menopause than in any other complete in the sense that masturbation is still the
phase of their life; the so-called ‘post-parental preferred, but not the exclusive, modality to obtain
partnership’ is now significantly longer and male gametes.
becoming more and more important, reaching
about one third of their lives (Hartman et al., Assisted reproduction technology
2004).
Pregnancy without copulation, considered science
This phenomenon has been accompanied by a true fiction only half a century ago, became a reality
revolution: not too long ago, a post-menopausal when Steptoe and Edwards (1978) made possible
woman was considered an asexual being for the extra-corporeal production of embryos to be
whom sexual desire and sexual activity were no transferred directly to the uterus, thus achieving
longer pregnancy without coital activity. These
techniques
represent an array of modalities today known as Reproduction after menopause
Assisted Reproduction Technology (ART) and, in
the more complex situations, In Vitro Fertilization Thanks to ovum donation, the possibility for a
(IVF). woman to bear a child (although not biologically
hers) past the natural barrier of menopause has
In vitro fertilization become a reality. Today, healthy post-menopausal
women can carry out a pregnancy, often without
Achieving human fertilization in vitro represented major problems (Antinori et al., 2003).
such a revolutionary social development that, at
least at the beginning, the very idea was rejected This newfound procreative opportunity for women
by most, scientists included. On one occasion, a in their fifties and sixties, has been criticized on
future Nobel Laureate accused Robert Edwards of several grounds. First, it has been argued, post-
‘condoning murder’, whereas the press menopausal mothers may not be able to establish
announcing the birth of Louise Brown was full of a correct approach to their
allusion to ‘obscene manipulations’ and the ‘children/grandchildren’; also, pregnancy in these
creation of ‘Frankenstein babies’ (Edwards and age brackets may represent a major risk for the
Steptoe, 1980). Initially, the Church of England future health of prospective mothers; finally,
reacted negatively, although later modified its children may be deprived of their parents earlier
position and in 1998 its general synod backed than necessary. In its defence, proponents point
away from a controversial declaration that IVF out the major improvement in life expectancy.
should be restricted to married couples, passing This argument has been counteracted with the fact
instead an amendment declaring that marriage was that, whereas longevity is a new reality, healthy
‘the ideal context for the procreation and rearing ageing is still in the making.
of children’ (Anglican Journal, 1 January 1998).
An interesting early discussion of the ethics of Where is sexuality going?
IVF by a leading Anglican theologian, Dunstan
(1986), was published in the very first issue of Given the rapid evolution in the meanings of
Human Reproduction, in an attempt to create a sexuality and of modalities to achieve
dialogue. reproduction over the last half-century, it is
difficult to predict the direction in which both will
Also the Roman Catholic Church reacted in a move.
strong negative way: an ‘Instruction’ from
the Congregation for the Doctrine of the Faith (the Some conclusions, however, can still be drawn. A
old ‘Holy Office’) (1987) condemned IVF in all certain degree of separation between sexuality and
its many forms, leaving ‘in a suspended state’ reproduction has always existed among humans.
only the variant called Gamete Intra-Fallopian What was not available until recently was a set of
Transfer, a modality all but abandoned today. The methods capable of separating these aspects with
‘Instruction’ used exactly the same argument high efficacy. The discovery of such methods has
already used to ban positive contraception. Pope therefore accelerated a trend already present in a
Benedict XVI (2008), the author as Joseph number of cultures (mostly western). Population
cardinal Ratzinger of the ‘Instruction’, recently explosion forced even pro-natalistic cultures, such
reaffirmed this prohibition: ‘The two fundamental as those of Africa and Asia to rethink their
criteria for moral discernment in this field are: (i) cultural paradigms and move towards sexuality
unconditional respect for the human being as a without reproduction.
person from conception to natural death; (ii)
respect for the originality of the transmission of Today, whether this is viewed with great favour or
life’. dismay, sexuality and reproduction are two
separate, although still closely related, human
activities. It seems inevitable that, at least in the
short-term, this hiatus will increase and, with
additional technological advances, reproduction
may become—for some at least—a fact of life qualities, or achievements. Is this how you feel
independent from sexuality. about your partner? If you cannot honestly answer
in the affirmative, consider if you ever felt this for
MARRIAGE your partner. Sometimes, your partner doesn’t
meet your expectations in some way and your
respect for them grows dull. Sometimes, your
partner behaves in a way that reduces our level of
respect for them.
If you are going to improve respect and your
relationship, you will have to get back in touch
with that feeling of respect. Most likely, at some
point, you chose this person as a partner.
Hopefully, you had some positive feelings when
Marriage you did this. What were the things that drew you
to your partner? As we grow and change, our
 a legally and socially sanctioned union,
views of respectable qualities may change as well.
usually between a man and a woman, that is
Finding respectable qualities in your partner may
regulated by laws, rules, customs, beliefs, and
present a challenge, but, in truth, everyone has
attitudes that prescribe the rights and duties of
some respectable qualities. Spend some time
the partners and accords status to their
identifying abilities, qualities or achievements that
offspring (if any).
you respect in your partner.
 a formal union and social and legal contract
between two individuals that unites their lives 2. Acceptance - is defined as positive welcome,
legally, economically, and emotionally. favor and endorsement; consent to receive
something offered. Have you been meeting the
Same-sex marriage
definition of acceptance with your partner? Many
 also known as gay marriage - is the marriage times, receiving is conditional rather than having
of two people of the same sex or gender, gratitude for what is offered.
entered into in a civil or religious ceremony.
Perhaps here again, your partner has not met your
 Same-sex marriage has been legalized in
expectations. Expectations may hinder the spirit of
twenty-eight countries, including the United
acceptance. Find one way in which you have not
States, and civil unions are recognized in
met your partner with acceptance, but have
many Western democracies. Yet same-sex
insisted your expectations be met.
marriage remains banned in many countries
 A growing number of countries are legalizing Can you release this expectation? If not, find one
same-sex marriage amid a steady advance in that you can release.
rights for LGBTQ+ people, but opposition 3. Attributions to positive - this can also be
remains strong in many countries. stated as assuming the positive. Do you attribute
 The most prominent supporters of same-sex your partner’s positive behavior to their positive
marriage are human rights and civil rights intent? For instance, he helped me because he’s
organizations as well as the medical and being nice, NOT he helped me because he wants
scientific communities, while the most something.
prominent opponents are religious
fundamentalist groups. Attributing behaviors to negative intent can
poison your relationships, create defensiveness
Fundamentals of Marriage: and undermine efforts by your
1. Respect - is defined as a feeling of deep partner. The next time you notice yourself doing
admiration for someone elicited by their abilities, this; make a decision to attribute the positive.
4. Positive interactions - When was the last time In relationships, power is demonstrated in the
you had a positive interaction with your partner? ability to negotiate for needs to be met. At times,
Good things are built on strong foundations. Each sacrifices are made by both partners in healthy
positive interaction you have is a brick in your relationships.
foundation. There is actually a research based
quota for positive vs. negative interactions. Happy Have you created a situation where your partner
couples have 5 positive interactions for every feels equal rights to ask for their needs for
negative interaction. Theoretically, you can intimacy to be met? Is there an imbalance in
change the tide of your relationship by creating 5 power? Does your partner have as much right to
positive interactions for every negative make decisions as you? Does your partner’s
interaction! Isn’t that exciting? opinion carry as

What fun can you have with your partner? Can much import as yours?
you agree to stay away from topics that knowingly ISSUES ON SEX OUTSIDE MARRIAGE
create conflict for AND HOMOSEXUALITY
a certain time frame? You can always argue later! Premarital sex is sexual activity which is
You have to create positive interactions with your practiced by people before they are married.
partner.
 incidence of venereal disease
5. Specific conflict - when you argue, do you  unwanted pregnancy
bring in other issues of conflict? Happy couples
tend to focus on the subject at hand rather than Premarital sex threatens to damage a stable
globally criticizing each other. Do you fight personal relationship in at least three ways:
fairly? Do you remain focused on the specific
1. it tends to overemphasize sexual activities
issue of conflict or do you bring up old and stale
issues from 3 years ago? Do you take the  at the expense of other activities
opportunity of conflict to pick on your partner for
any little thing you can? The next conflict that 2. premarital sex tends to overcommit the sexual
arises, practice remaining focused on the specific partners to each other
issue instead of being diverted to other issues.  engaging in sexual intercourse usually
6. Rapid repair - Happy couples repair any intensifies the emotional involvement of
ruptures in their relationships quickly. Do you the sex partners and may lead them to
hold a grudge? Do you go for long periods giving become too deeply committed to their
your partner the silent treatment? The next time a personal relationship too quickly. .. It
conflict arises, be the first one to QUICKLY move may even cause a mismatched couple to
to repair. (This can also demonstrate respect and get married
acceptance).
3. whether casual or stable, destroys one precious
7. Balance of intimacy and power - Intimacy future possibility
and power consists of both emotional and physical
 the possibility of sharing in marriage
aspects. Everyone has different levels of needs in
something unique to that marriage.
regard to intimacy and power. Many times, one
partner wants more emotional or physical  sexual intercourse has been reserved for
intimacy than their partner is willing to provide. marriage gives added significance to marital
Sometimes, you may be afraid of being sex
emotionally open with your partner. Sometimes,
you might want to be more physically connected Effects of Pre marital sex:
with your partner.  Unwanted pregnancy
 loss of self-respect
 Teenage pregnancy -
 depression decision—one that helps to ensure responsible
 Abortion parenthood and healthy families.
 loss of family support,
 STIs, HIV/AIDS
 guilt
 regrets
 Substance abuse and even suicidal death
are the health impact of premarital
sexual behaviour among adolescents.

ISSUES ON CONTRACEPTION, ITS


MORALITY, AND ETHICO-
MORAL RESPONSIBILITY OF
NURSES
Contraception also known as birth control, is
designed to prevent pregnancy.
 Voluntary prevention of conception

 Uses artificial means that prevents the


union of sperm and egg

 Synonymous with

 family planning
 planned parenthood
 responsible parenthood
 birth control
Birth control methods may work in a number of
different ways:
1. Preventing sperm from getting to the eggs.
Types include condoms, diaphragms, cervical
caps, and contraceptive sponges.
2. Keeping the woman's ovaries from
releasing eggs that could be fertilized.
Types include birth control pills, patches,
shots, vaginal rings, and emergency
contraceptive pills.
3. IUDs, devices which are implanted into the
uterus. They can be kept in place for
several years.
4. Sterilization, which permanently
prevents a woman from getting pregnant
or
a man from being able to get a woman
pregnant
 Indeed, virtually all major denominations in
America support the morality of
contraception as a personal and family
 The Church teaches option.
that contraception is morally wrong since it
Ethico-Moral Responsibilities of a Nurse:
violates the very purpose and nature of
human sexuality, and this further
undermines the dignity of the human
person. The Church's condemnation of
artificial contraceptives has been
unchallenged for centuries.

Contraception leads to "immoral behaviour"


 Contraception makes it easier for
people to have sex outside marriage
 Contraception leads to widespread
sexual immorality
 Contraception allows people (even
married people) to have sex purely for
enjoyment
Ethico-moral Responsibility of Nurses
 Practice nurses are ideally placed to take
a prominent role in advising clients and
providing them with their chosen
method of contraception.

ISSUES ON ARTIFICIAL
REPRODUCTION, ITS MORALITY AND
ETHICO-MORAL RESPONSIBILITY OF
NURSES

Artificial insemination is a fertility treatment


method used to deliver sperm directly to the
cervix or uterus in the hopes of getting
pregnant. Sometimes, these sperm are washed
or “prepared” to increase the likelihood a
woman will get pregnant.

 unable to conceive within one year of


trying
 prone to irregular periods
 over 35 years of age and trying to
conceive

Is artificial insemination ethical?

The consent of the husband is ethically


appropriate if he is to become the legal father
of the resultant child from artificial
insemination by anonymous donor. ... In the
case of single women or women who are part
of a homosexual couple, it is not unethical to
provide artificial insemination as a reproductive
Individuals have the capacity to think, and based usually because the wife is infertile or otherwise
on these thoughts, make a decision freely whether unable to undergo pregnancy.
or not to seek health care (the freedom to choose).
Surrogacy refers to a contract in which a
In vitro fertilization (IVF) is a type of assistive woman carries a pregnancy “for” another couple.
reproductive technology (ART). Number of infertile couples from all over the
 also called test-tube conception, medical World approach India where commercial
procedure in which mature egg cells are surrogacy is legal.
removed from a woman, fertilized with Surrogacy is often referred to as “womb
male sperm outside the body, and inserted renting” wherein a bodily service is provided for a
into the uterus of the same or another woman fee.
for normal gestation.
Ethics of Surrogacy
Ethical issues
Surrogacy is often thought to be a ‘treatment’
In vitro fertilization has been a source option for the infertile or an alternative to
of moral, ethical, and religious controversy since adoption, and so to be celebrated in fulfilling
its development. people’s desires to be parents. However,
surrogacy also brings a wealth of more complex
 Major opposition has come from the Roman ethical issues around gender, labour, payment,
Catholic church, which in 1987 issued a exploitation and inequality.
doctrinal statement opposing IVF on three Ethical issues with surrogacy
grounds: the destruction of human embryos
not used for implantation; the possibility of in the rights of the children produced; the ethical and
vitro fertilization by a donor other than the practical ramifications of the further
husband, thus removing reproduction from commodification of women’s bodies; the
the marital context; and the severing of an exploitation of poor and low income women
essential connection between the conjugal act desperate for money; the moral and ethical
and procreation. consequences of transforming a normal biological
 IVF has also raised a number of unresolved function of a woman’s body into a commercial
moral issues concerning the freezing transaction.
(cryopreservation) of ovaries, eggs, sperm, or Is surrogate motherhood moral?
embryos for future pregnancies.
Surrogacy is a very controversial issue. There are
Is in vitro fertilization morally acceptable? plenty of ethical concerns to be addressed about it.
... Yet surrogate motherhood is
In vitro fertilization (IVF) fundamentally moral in the sense that it helps
is morally objectionable for a number of reasons: infertile women to have a family. It is the right of
every couple to have their own child.
 the destruction of human embryos,
MORALITY OF ABORTION, RAPE AND
 the danger to women and newborn infants, OTHER PROBLEMS RELATED TO
DESTRUCTION OF LIFE
 the replacement of the marital act in pro-
creation. Abortion the expulsion of a fetus from
the uterus before it has reached the stage of
Surrogate motherhood, practice in which a viability (in human beings, usually about the 20th
woman (the surrogate mother) bears a child for a week of gestation). An abortion may occur
couple unable to produce children in the usual spontaneously, in which case it is also called
way, a miscarriage, or it may be brought on
purposefully, in which case it is often called an  It declares the abortion is never
induced abortion. permissible if and only it is required
There are 2 main types of abortion: to save the pregnant woman’s life, as
in the case of the removal of a
1. medical abortion ("abortion pill") – taking cancerous uterus, or the removal of
medicine to end the pregnancy the fallopian tube, or a part of it,
because of ectopic pregnancy.
 involves taking 2 different medicines to
2. The Liberal
end the pregnancy.
 The pregnancy is passed (comes out)  States that abortion is always
through the vagina. permissible, whatever the state of
 It does not need surgery or an anaesthetic. fetal development maybe, they must
ultimately have full freedom to
2. surgical abortion – a procedure to remove control their own reproductive
the pregnancy capacities
 involves an operation to remove the
pregnancy from the womb.  “The fetus has no ontological status;
it is neither an individual, human, nor
Types of Abortion: a person, but only a tissue in a
woman’s uterus; therefore, it
1. Natural abortion/ Spontaneous or
possesses on rights and no moral
accidental abortion
status.”
 The expulsion of fetus through natural or
3. The Moderate or Intermediate
accidental causes
 It holds that abortion is morally
2. Direct or intentional abortion
permissible up to certain stage of
 Deliberately induced expulsion of a living fetal development, or for some
fetus before it has become viable limited set of reasons sufficient to
justify the taking of life in this or
3. Therapeutic abortion that special circumstances. As far
as the moderated are concerned,
 Deliberately induced expulsion of a living
the fetus attains ontological status
fetus in order to save the mother from tha
at quickening or viability.
danger of death brought on by pregnancy.
“If you prick us do we not bleed, if you tickle us
4. Eugenic abortion/Selective abortion or
do we not laugh, if you poison us do we not
Abortion on fetal indications
die…” - Shakespeare the Merchant of Venice
 This is recommended in cases where certain
Methods of Abortion
defets are discovered in the developing fetus
1. PLANTS AND PLANT PREPARATIONS
5. Indirect abortion

 The removal of the fetus occurs as a  E.g.,Makabuhay, Essencia maravilosa.


secondary effect of a legitimate or elicit 2. PHYSICAL METHODS
action, which is direct and primary object of
the intention.  Massage and abdominal pressure are
applied by the hilot, or sometimes by
 Viewpoints on Abortion: the pregnant woman herself.
1. The Conservative
3. INSERTION OF CATHETERS and philosophically; that abortion is a way for an
individual woman to correct a mistake that she
 Women have been known to insert
and her partner have made and avoid
hangers, brooms, walis tingting.
Rape is a type of sexual assault usually
4. DILATION AND CURETTAGE
involving sexual intercourse or other forms of
 Usually, this is done with women who sexual penetration carried out against a person
had already began the abortion, in without that person's consent. The act may be
which case it is called completion carried out by physical force, coercion, abuse of
curettage. authority, or against a person who is incapable of
giving valid consent, such as one who is
5. MENSTRUAL REGULATION (MR) unconscious, incapacitated, has an intellectual
disability, or is below the legal age of consent
 This involves the use of suction or
vacuum aspiration to terminate a very
early pregnancy.  unlawful sexual activity, most often involving
sexual intercourse, against the will of the
6. DRUG
victim through force or the threat of force or
 These include medicines such as with an individual who is incapable of giving
quinine, an anti-malarial; legal consent because of minor status, mental
methylergometrin, a uterine stimulant illness, mental deficiency, intoxication,
and methotrexate, an anti-cancer drug. unconsciousness, or deception.
 Bricanyl (terbutaline) is perceived as
Morality of Rape
an abortifacient in large doses.
 Misoprostol (cytotec) is actually a drug rape is wrong because of the serious harm
used to prevent ulcers but has abortion it causes its victims. At times it is physical harm,
as a side effect. Another drug called but more often, it is severe psychological harm. In
RU486 (Mifepristone) is now legal in almost all cases, rape brings about a decline in the
China and a few European countries. victim's prospects; it initiates a change for the
worse in her life.
7. SALT POISONING

 A needle is inserted through the


mother’s abdomen and 50-250 ml of
amniotic fluid is withdrawn and
replaced it with a solution of
concentrated salt.

8. HYSTEROTOMY

 Incisions are made in the abdomen and


uterus. The baby, placenta and
amniotic sac are removed.

Morality of Abortion

As politicians and lobbying groups of


varying backgrounds seek to restrain the rights of
women in terms of access to abortion it must be
remembered that: abortion is justifiable morally
Lesson 6
DIGNITY IN DEATH AND DYING

 ‘What is dignity’? The word dignity originates


in conflict with the goals and values of the
from two Latin words, dignitus (merit) and
patient or family.
dignus (worth).
 This was evident in the recent national news
 The International Council for Nurses Code of
story about 13-year old Jahi McMath (Fox
Ethics 2012 instructs that the observance of
News, 2013). In this case, the family wanted
dignity should not be limited by the
to continue to keep their young daughter on
individual's age, colour, creed, culture, gender,
life support which conflicted with what the
sex, nationality, race, social status, or health
health care facility wanted. After several
status. However, while dignity is accepted as a
evaluations, the child was determined to be
universal need which is fundamental to the
medically brain dead, and therefore
well-being of every individual in all societies,
continuation of medical treatments was
the actual ‘practical’ meaning of dignity
considered to be futile.
remains complex and unclear because it is a
 Caring for patients who are nearing or at the
multidimensional concept.
end of life often enables nurses to bear witness
 ‘How can dignity be promoted?’ Dignity can
to the complicated and difficult decisions that
be upheld by measures such as symptom
patients and families must make surrounding
control; promoting independence, privacy,
many sensitive issues. Although nurses have
social support and a positive tone of care;
their own morals, values, and beliefs, they
listening, giving appropriate information,
sometimes do not correspond with the
having a caring bedside manner; and showing
patients’ values, beliefs, or wishes, and an
respect, empathy and companionship. Spiritual
internal conflict for the nurse can ensue.
care has been shown to be facilitated by
Regardless of the intervention or treatment,
having sufficient time, employing effective
the nurse should focus on helping the patient
communication, and reflecting on one's
weigh the benefits and burdens of the
personal experiences.
intervention, rather than focus on the
 There are often ethical issues that can arise in
intervention itself.
the context of end-oflife care, particularly
when patients and families make Biological vs. Biographical Life
decisions regarding the care they will accept
What is life anyway? What do you mean "life"?
or not accept. As nurses, sometimes our
morals and values are in conflict with those 1. One clear answer is that "life" is biological
that our patients have, and this can cause some life. So to be alive is to be biologically
distress for the nurse. By having an alive or engaging in the processes of living
understanding about some of the issues that things: taking things in, putting stuff out,
can arise during end of life decisions, the growing, and repairing, and so on.
nursing student or novice nurse can be better 2. There's another legitimate meaning of
prepared for what to expect and how best to "life" though. To see this meaning,
handle ethical issues. In the clinical setting, it consider this example:
is not uncommon to witness conflicts between
Suppose a 20-something was in a car crash
the patient’s wishes and those of their family.
20 years ago. She had been in a deep coma
Sometimes, there can be conflicts between
ever since, because her brain was
what the clinicians believe to be best for the
extremely damaged, but her body - which
patient and what the patient and family want
breathed on its own - finally died
to have done. Other times, the insurance or
yesterday.
health care system has specific criteria that
may come When did her life end? When did she cease
to be alive?
We might want to say that her biological • The diagnosis of brain death is primarily
life ended yesterday, but that her what we clinical. No other tests are required if the full
could all her biographical life end 20 years clinical examination, including each of two
ago: the "story" of her life ended at the car assessments of brain stem reflexes and a single
crash: the person she was ended then. apnoea test, are conclusively performed.

Persistent Vegetative State


• The vegetative state is a clinical condition of
Brain Death complete unawareness of the self and the
environment, accompanied by sleep-wake
• In the practice of critical care, ‘the care of a cycles, with either complete or partial
severely brain injured patient’ is one of the preservation of hypothalamic and brain-stem
toughest challenges for a critical care autonomic functions. In addition, patients in a
physician. Initial therapy provided for patients vegetative state show no evidence of
with severe brain injury or insult, is directed sustained, reproducible, purposeful, or
towards preservation and restoration of voluntary behavioral responses to visual,
neuronal function. When this primary auditory, tactile, or noxious stimuli; show no
treatment is unsuccessful and the patient's evidence of language comprehension or
condition evolves to brain death, the critical expression; have bowel and bladder
care physician has the responsibility to incontinence; and have variably preserved
diagnose brain death with certainty and to cranial-nerve and spinal reflexes. We define
offer the patient's family the opportunity to persistent vegetative state as a vegetative state
donate organs and / or tissues. present one month after acute traumatic or
• There is a clear difference between severe nontraumatic brain injury or lasting for at least
brain damage and brain death. The physician one month in patients with degenerative or
must understand this difference, as brain death metabolic disorders or developmental
means that life support is futile, and brain malformations.
death is the principal prerequisite for the • The clinical course and outcome of a
donation of organs for transplantation. persistent vegetative state depend on its cause.
• Brain death is defined as the irreversible loss Three categories of disorder can cause such a
of all functions of the brain, including the state: acute traumatic and nontraumatic brain
brainstem. The three essential findings in injuries, degenerative and metabolic brain
brain death are coma, absence of brainstem disorders, and severe congenital
reflexes, and apnoea. An evaluation for brain malformations of the nervous system.
death should be considered in patients who • Recovery of consciousness from a
have suffered a massive, irreversible brain posttraumatic persistent vegetative state is
injury of identifiable cause. A patient unlikely after 12 months in adults and
determined to be brain dead is legally and children. Recovery from a nontraumatic
clinically dead. persistent vegetative state after three months is
exceedingly rare in both adults and children.
Patients with degenerative or metabolic animals and humans or micro-organisms;
disorders or congenital malformations who for instance, in religions that practice
remain in a persistent vegetative state for Ahimsa, both are seen as holy and worthy
several months are unlikely to recover of life. The value is inherent: Life is
consciousness. The life span of adults and created in the womb (or artificial
children in such a state is substantially environment to mimic womb). Man does
reduced. For most such patients, life not have ability to create life; thus, man
expectancy ranges from 2 to 5 years; survival does not have authority to destroy life. It is
beyond 10 years is unusual. the only way for humankind to exist.
 In Christianity, the phrase sanctity of life
refers to the idea that human life is sacred,
holy, and precious. The sanctity of life is
inherent as man cannot create life.
Therefore, man has no authority to destroy
life. It is the only way for humankind to
exist. The sanctity of life principle, which
is often contrasted with the "quality of
life" to some extent, is the basis of all
Catholic teaching about the sixth
commandment in the Ten Commandments.
 In Western thought, sanctity of life is
usually applied solely to the human
species (anthropocentrism, sometimes
called dominionism), in marked contrast to
many schools of Eastern philosophy,
which often hold that all animal life is
sacred―in some cases to such a degree
that, for example, practitioners of Jainism
carry brushes with which to sweep insects
from their path, lest they inadvertently
tread upon them.
 To expand into other areas of philosophy,
ask the following question: "Would you
kill Hitler in 1939?” Both possible answers
(yes/no) can be seen as contrary to sanctity
of life. Answering this question is a clear
way to distinguish individuals with a
consequentialist or deontological personal
sense of morality.
Difficult Decisions in End-of-life care
2. Euthanasia and Prolongation of Life
1. Inviolability of Human Life
 Among the most poignant of the questions
 In religion and ethics, the inviolability of that often have to be answered is whether a
life, or sanctity of life, is a principle of patient on the brink of death should be
implied protection regarding aspects of allowed to die then and there, or whether
sentient life that are said to be holy, sacred, measures should be taken to keep him
or otherwise of such value that they are not alive a little longer even when there is no
to be violated. This can be applied to both hope of recovery. Ultimately, society itself
may be forced to make equally difficult
decisions
regarding prolongation of life in general, unable to consent due to their
and for periods that may be counted in current health condition. In this
years rather than merely days or hours. scenario the decision is made by
 The ability of modern medicine to prolong another appropriate person, on
life has raised a variety of difficult legal, behalf of the patient, based on their
ethical, and social issues on which quality of life and suffering.
reasonable minds can differ. Among these c) Involuntary: When euthanasia is
is the morality of euthanasia in cases of performed on a person who would
deep coma or irreversible injury, as well as be able to provide informed
the Dead Donor Rule with respect to organ consent, but does not, either
harvesting and transplants. As science because they do not want to die, or
continues to refine and develop lifesaving because they were not asked. This
technologies, questions remain as to how is called murder, as it’s often
much medical effort and financial against the patients will.
resources should be expended to prolong  Factors which are responsible for decision
the lives of patients suspended between making are classified into physical and
life and death. At what point should death psychological factors. Physical conditions
be considered irreversible? What criteria that affect the quality of life in these
should be used to determine when to patients are unbearable pain, nausea and
withhold or withdraw life-prolonging vomiting, difficulty in swallowing,
treatments in cases of severe brain damage paralysis, incontinence, and
and terminal illness? breathlessness. Psychological factors
 The concept of Euthanasia has been a include depression, feeling a burden,
controversial topic since its inception. The fearing loss of control or dignity, or dislike
word ‘Euthanasia’ is derived from Greek, of being dependent. But some argues that
‘Eu’ meaning ‘good’ and ‘thanatos’ suicidal ideation and inadequate palliative
meaning ‘death’, put together it means care might also be the underlying reasons
‘good death’. for seeking euthanasia.
 Euthanasia is defined as the hastening of  Passive euthanasia is generally accepted
death of a patient to prevent further worldwide. Active involuntary euthanasia
sufferings. is illegal in almost all countries. Practicing
 Active euthanasia refers to the physician active voluntary euthanasia is illegal and
deliberate act, usually the administration considered as criminal homicide in most of
of lethal drugs, to end an incurably or the countries and will faces punishment up
terminally ill patient’s life. to imprisonment for 14 years. While active
 Passive euthanasia refers to withholding involuntary euthanasia is legal in countries
or withdrawing treatment which is such as Netherland, Belgium, and
necessary for maintaining life. Luxembourg, assisted suicide is legal in
 There are three types of active euthanasia, Switzerland and the United States of
in relation to giving consent for Oregon, Washington, and Montana.
euthanasia:  Euthanasia is illegal in the Philippines. In
a) Voluntary: When euthanasia is 1997, the Philippine Senate considered
conducted with consent. Voluntary passing a bill legalizing passive
euthanasia is currently legal in euthanasia. The bill met strong opposition
Belgium, Luxembourg, The from the country's Catholic Church.
Netherlands, Switzerland, and the
states of Oregon and Washington 3. Euthanasia and Suicide
in the U.S.  Assisted suicide, also known as assisted
b) Non-voluntary: When euthanasia is dying or medical aid in dying, is suicide
conducted on a person who is
undertaken with the aid of another person. Opposition:
The term usually refers to physician-
assisted suicide (PAS), which is suicide  Code of Ethics - The most current version
that is assisted by a physician or other of the American Medical Association's
healthcare provider. Code of Ethics states that physician-
 Once it is determined that the person's assisted suicide is prohibited. It prohibits
situation qualifies under the physician- physician-assisted suicide because it is
assisted suicide laws for that place, the "fundamentally incompatible with the
physician's assistance is usually limited to physician’s role as healer" and because it
writing a prescription for a lethal dose of would be "difficult or impossible to
drugs. control, and would pose serious societal
 In many jurisdictions, helping a person die risks".
by suicide is a crime. People who support  Hippocratic Oath - Some doctors remind
legalizing physician-assisted suicide want that physician-assisted suicide is contrary
the people who assist in a voluntary death to the Hippocratic Oath, which is the oath
to be exempt from criminal prosecution for historically taken by physicians. It states "I
manslaughter or similar crimes. will not give a lethal drug to anyone if I
 Physician-assisted suicide is legal in some am asked, nor will I advise such a plan."
countries, under certain circumstances, The original oath however has been
including Canada, Belgium, the modified many times and, contrary to
Netherlands, Luxembourg, Spain, popular belief, is not required by most
Switzerland, Germany, parts of the United modern medical schools, nor confers any
States (California, Colorado, legal obligations on individuals who
 Hawaii, Maine, Montana, New Jersey, choose to take it. There are also
Oregon, Vermont, Washington and procedures forbidden by the Hippocratic
Washington, D.C.) and Australia Oath which are in common practice today,
(Tasmania, Victoria and Western such as abortion.
Australia). The Constitutional Court of I swear by Apollo Physician and Asclepius
Austria and Colombia legalized assisted and Hygieia and Panaceia and all the gods and
suicide, but their governments have not goddesses, making them my witnesses, that I will
legislated or regulated the practice yet. fulfil according to my ability and judgment this
New Zealand legalized assisted suicide in oath and this covenant:
a referendum in 2020, but it will come into
force on 6 November 2021. The To hold him who has taught me this art as
parliament of Portugal passed the equal to my parents and to live my life in
legalization of assisted suicide, but is now partnership with him, and if he is in need of
under consideration of the Constitutional money to give him a share of mine, and to regard
Court. his offspring as equal to my brothers in male
 In most of those states or countries, to lineage and to teach them this art - if they desire
qualify for legal assistance, individuals to learn it - without fee and covenant; to give a
who seek a physician-assisted suicide must share of precepts and oral instruction and all the
meet certain criteria, including: having a other learning to my sons and to the sons of him
terminal illness, proving they are of sound who has instructed me and to pupils who have
mind, voluntarily and repeatedly signed the covenant and have taken an oath
expressing their wish to die, and taking the according to the medical law, but no one else.
specified, lethal dose by their own hand. I will apply dietetic measures for the benefit of the
sick according to my ability and judgment; I will
keep them from harm and injustice. I will neither
give a deadly drug to anybody who asked for it,
nor will I make a suggestion to this effect.
Similarly I
will not give to a woman an abortive remedy. In  Dysthanasia is the term for futile or
purity and holiness I will guard my life and my art. useless treatment, which does not benefit
I will not use the knife, not even on sufferers a terminal patient. It is a process through
from stone, but will withdraw in favor of such men which one merely extends the dying
as are engaged in this work. Whatever houses I process and not life per se. Consequently,
may visit, I will come for the benefit of the sick, patients have a prolonged and slow death,
remaining free of all intentional injustice, of all frequently accompanied by suffering,
mischief and in particular of sexual relations with pain and anguish. When one invests in
both female and male persons, be they free or healing a patient who has no chance of
slaves. cure, s/he is actually undermining the
person's dignity. Advanced measures and
What I may see or hear in the course of the their limits should be assessed to benefit
treatment or even outside of the treatment in the patient and not to hold science as an
regard to the life of men, which on no account one end in itself
must spread abroad, I will keep to myself, holding  In medicine, dysthanasia means "bad
such things shameful to be spoken about. death" and is considered a common fault
If I fulfil this oath and do not violate it, may it of modern medicine.
be granted to me to enjoy life and art, being  Dysthanasia is a term generally used
honored with fame among all men for all time to when a person is seen to be kept alive
come; if I transgress it and swear falsely, may the artificially in a condition where,
opposite of all this be my lot. otherwise, they cannot survive;
sometimes for some sort of ulterior
 Declaration of Geneva - The Declaration motive.
of Geneva is a revision of the Hippocratic  Dysthanasia occurs when a person who is
Oath, first drafted in 1948 by the World dying has their biological life extended
Medical Association in response to forced through technological means without
(involuntary) euthanasia, eugenics and regard to the person's quality of life.
other medical crimes performed in Nazi  Technologies such as an implantable
Germany. It contains, "I will maintain the cardioverter defibrillator, artificial
utmost respect for human life." ventilation, ventricular assist devices, and
 International Code of Medical Ethics - extracorporeal membrane oxygenation
The International Code of Medical Ethics, can extend the dying process.
last revised in 2006, includes "A  As a result of these difficulties in
physician shall always bear in mind the accepting the limitation of curative
obligation to respect human life" in the efforts, dysthanasia is practiced.
section "Duties of physicians to patients". Considered therapeutic obstination or
 Statement of Marbella - The Statement therapeutic futility, it is a controversial
of Marbella was adopted by the 44th subject in the field of bioethics, being
World Medical Assembly in Marbella, described in the dictionary of bioethics as
Spain, in 1992. It provides that a difficult or distressing death, as its
"physician- assisted suicide, like practice prolongs the suffering of the
voluntary euthanasia, is unethical and terminal patient without entailing any
must be condemned by the medical therapeutic benefit. Such conduct harms
profession." human rights, leads to degrading and
4. Dysthanasia disrespectful treatment, negatively
impacts biological life, and impairs
 The etymology of the term is from the quality in life and dying. Faced with the
Greek language: δυσ, dus; "bad, difficult" impossibility of recovery, the persistent
+ θάνατος, thanatos; "death" adoption of life-prolonging invasive
treatments results from the denial
of mortality, which disregards the fact Although uncommon, some patients
that death is part of life and that treatment undergoing aggressive symptom control
must always be dignified and humane measures still have severe suffering from
5. Orthothanasia underlying disease or therapy-related
adverse effects. In these circumstances,
 By its etymological meaning, use of PS is considered. Although the goal
orthothanasia derives from the Greek is to provide relief in an ethically
orthos, which means “correct,” and acceptable way to the patient, family, and
thanatos, meaning “death.” In other words, health care team, health care professionals
death at the appropriate time with due often voice concerns whether such
respect to the limits of life. Orthothanasia treatment is necessary or whether such
can also be considered a natural death, treatment equates to physician-assisted
favoring the acceptance of the human suicide or euthanasia.
circumstance when faced with death,  Palliative sedation is used at the end of life
without abbreviating or prolonging to relieve an unacceptable degree of
suffering, but only providing, as far as suffering that is refractory to other
possible, quality of life and relief of therapies or when other therapies are
suffering in general. estimated to be unhelpful in the given time
 This conduct allows the patient to frame. Palliative sedation is used when
understand human finitude and to die in traditional opioid-based therapies are
peace, as it guarantees dignity in the either inadequate to control suffering or
process of death. It also helps all those cause unacceptable adverse effects. Often,
involved in this process – patient, team, PS is used to treat delirium, pain, dyspnea,
family, and friends – to accept death more nausea, or other physical symptoms.6
calmly. This is because, from this Palliative sedation may be considered
perspective, death does not present disease when patients or surrogate decision makers
as something to be healed, but the end of have given informed consent and generally
the cycle of life. From this point of view, it when consensus exists among patients,
is emphasized that when caring for an families, and staff about the
individual in an irreversible or terminal appropriateness of the therapy.
clinical condition, the medical team should
avoid unnecessary procedures and futile 7. Advance Directives
therapeutic measures.  An advance directive is a document by
 Orthothanasia refers to the art of which a person makes provision for health
promoting a humane and correct death, not care decisions in the event that, in the
subjecting patients to misthanasia or future, he/she becomes unable to make
dysthanasia and not abbreviating death those decisions.
either, that is, subjecting them to  There are two main types of advance
euthanasia. Its great challenge is to enable directive — the “Living Will” and the
terminal patients to keep their dignity, “Durable Power of Attorney for Health
where there is a commitment to the well- Care.”
being of patients in the final phase of a
disease. a. Living Will is the oldest type of health care
advance directive.
6. Administration of Drugs to the
Dying/Palliative Sedation • It is a signed, witnessed (or notarized)
document called a “declaration” or
 Palliative sedation (PS) is the use of “directive.” Most declarations instruct an
medications to induce decreased or absent attending physician to withhold or withdraw
awareness in order to relieve otherwise
intractable suffering at the end of life.
medical interventions from its signer if he/she It can be transferred from one care setting to
is in a terminal condition and is unable to another, and healthcare providers have
make decisions about medical treatment. promised to honor it. For example, when your
• Since an attending physician who may be POLST form is shown, your advance care
unfamiliar with the signer’s wishes and plans will be honored by the Emergency
values has the power and authority to carry Medical Service team (ambulance or fire
out the signer’s directive, certain terms personnel), staff in the emergency room, the
contained in the document may be interpreted hospital team, and nursing home staff.
by the physician in a manner that was not • Since the POLST contains a set of valid legal
intended by the signer. orders, it requires a discussion with your
• Family members and others who are familiar physician and their signature to be fully
with the signer’s values and wishes have no activated. When you complete the POLST, it
legal standing to interpret the meaning of the is best to keep it at home in a visible spot, like
directive. your refrigerator, so it can be easily found by
b. Durable Power of Attorney for Health Care an emergency responder.
is a signed, witnessed (or notarized) document in • Limitations: o Advance directives have
which the signer designates an agent to make limitations. For example, an older adult may
health care decisions if the signer is temporarily or not fully understand treatment options or
permanently unable to make such decisions. recognize the consequences of certain choices
in the future. Sometimes, people change their
• Unlike most Living Wills, the Durable Power minds after expressing advance directives and
of Attorney for Health Care does not require forget to inform others. Many times, advance
that the signer have a terminal condition. o An directives are too vague to guide clinical
agent must be chosen with great care since the decisions. For example, general statements
agent will have great power and authority to rejecting "heroic treatments" are vague and do
make decisions about whether health care will not indicate whether you want a particular
be provided, withheld or withdrawn from the treatment for a specific situation (such as
signer. antibiotics for pneumonia after a severe
• It is extremely important that the signer stroke). In this situation, a surrogate who
carefully discuss his/her values, wishes and understands your preferences can help make
instructions with the agent before and at the the best decision for you.
time the document is signed. Such discussions • On the other hand, very specific directives for
may also continue after the document is future care may not be useful when situations
signed. change in unexpected ways. New medical
• It is also important that the agent be willing to therapies may also have become available
exercise his/her power and authority to make since an advance directive was written. You,
certain that the signer’s values, wishes and your surrogate, your family, and your
instructions are respected. healthcare provider can do a great deal to
c. Physician Orders for Life-Sustaining avoid these problems by discussing advance
Treatment (POLST) is a recently developed directives with each other.
program that is designed to improve the quality of 8. DNR
care people receive at the end of life. Although it
can be used by anyone, it is best suited for people  Since its introduction in the 1960s,
who have chronic, serious or advanced illness, are cardiopulmonary resuscitation (CPR) has
frail, or are of advanced age. been universally available to all hospital
patients unless the consultant in charge has
• The POLST effectively communicates certain specified a 'do not resuscitate' (DNR)
medical orders based on your advance care order. The public perception of CPR has
planning wishes using a brightly colored form. tended to
be one of overoptimism, but this is not with minimal pain, discomfort, and
matched by the low survival to discharge restriction. It also emphasizes a
ratio of approximately 1:10. In addition, coordinated team effort to help the patient
there is the risk of prolonging suffering, and family members overcome the severe
compared with the quick and relatively anxiety, fear, and depression that occur
pain free alternative offered by cardiac with a terminal illness. To that end,
arrest. Decisions about resuscitation pose hospice staffs encourage family members
many ethical dilemmas for those involved to help and participate in patient care,
and should take into consideration the thereby providing the patient with warmth
patient's wishes, prognosis and quality of and security and helping the family
life. caregivers begin the grieving process even
 DNRs are Do Not Resuscitate orders. A before the patient dies.
DNR order on a patient's file means that a
doctor is not required to resuscitate a
patient if their heart stops and is designed
to prevent unnecessary suffering.
 The usual circumstances in which it is
appropriate not to resuscitate are:
o when it will not restart the heart or
breathing
o when there is no benefit to the
patient
o when the benefits are outweighed
 Everyone involved in this method of care
by the burdens
must be committed to high-quality patient
 Although DNRs can be regarded as a form
care, unafraid of emotional involvement,
of passive euthanasia, they are not
and comfortable with personal feelings
controversial unless they are abused, since
about death and dying. Good hospice care
they are intended to prevent patients
also requires open communication among
suffering pointlessly from the bad effects
team members, not just for evaluating
that resuscitation can cause: broken ribs,
patient care but also for helping the staff
other fractures, ruptured spleen, brain
cope with their own feelings.
damage.
Nursing Responsibilities Based from Ethical
9. End-of-life Care Plan
Principles
 End-of-life nursing encompasses many
Autonomy, beneficence, nonmaleficence, and
aspects of care: pain and symptom
justice are four of the basic ethical principles used
management, culturally sensitive practices,
to guide nurses and clinicians in the care and
assisting patients and their families
decision making of patients. Many of these same
through the death and dying process, and
standards apply for nurses who are involved in
ethical decision making.
clinical research as they are a way to ensure that
 Hospice care provides comprehensive
people’s rights are protected as guided by specific
physical, psychological, social, and
moral principles.
spiritual care for terminally ill patients.
Most hospice programs serve terminally ill Respect for Autonomy
patients from the comforts and relaxed
This principle is described as an agreement to
surroundings of their own home, although
respect another’s right to self-determine a course
there are some located in inpatient settings.
of action and to support another’s independent
The goal of the hospice care team is to
decision making (ANA, 2015).
help the patient achieve a full life as
possible,
Sometimes it can be difficult to see a patient make
a decision about their health that the nurse does
not personally agree with or that the nurse does
not feel is the best decision for that patient’s
individual circumstances. As nurses, we must
support and advocate for our patients’ rights,
including their right to make decisions. While a
nurse might not agree with a patient’s decision, Nonmaleficence
they must support it. For example, a nurse has
Nonmaleficence is the principle of refraining
been caring for an elderly gentleman for several
from causing unnecessary harm. Although some
months as he has been receiving treatment for
of the interventions that patients receive might
cancer. This patient has decided to stop his cancer
cause pain or some harm, nonmaleficence refers to
treatments and focus on spending time enjoying
the moral justification behind why the harm is
his family for the time he has left. While the nurse
caused. Sometimes harm may be caused to a
has grown fond of this patient and would not want
patient in order to prevent them from further
him to die, they must respect the patient’s wishes
harm. If the act is for a greater good for the patient
and choices for his own medical care.
and is not meant to deliberately harm them, it is
justifiable. An example of this is the all too
common clinical situation that occurs in end-of-
life care. A patient whose death is imminent is in
pain and requires pain medication to maintain
comfort. The patient is very close to death with
Beneficence irregular respirations around 8 breaths per minute.
The nurse needs to administer the pain medication
Beneficence is the principle of “doing good” but fears that giving it may hasten (or accelerate)
and has been suggested as having four distinct death. According the Code of Ethics for Nurses
parts. These include: (ANA, 2015), the nurse may “not act deliberately
• Not to inflict evil or harm. to terminate life”; however, the nurse has a
moral obligation to provide interventions “to
• To prevent evil or harm. relieve symptoms in dying patients even if the
• To remove evil or harm. intervention might hasten death.”

• To do good or promote good. Justice


Sometimes it might be difficult to differentiate Justice is the principle that governs social
between doing good and doing no harm, which is fairness. It involves determining whether
nonmaleficence, because it is often easier to someone should receive or is entitled to receive a
determine what is clearly bad or harmful more resource. The Code of Ethics for Nurses (ANA,
than what might be good or a benefit. Kennedy 2015) states that nurses’ commitment is to patients
Swartz recommended that there is a greater regardless of their “social or economic status.” In
obligation to not cause harm than there is to do healthcare, sometimes the benefits must be
something that might benefit the patient. Nurses balanced with the burdens to determine who is
should keep that in mind when assisting patients eligible to receive some type of care. As
with difficult decisions. mentioned in the beginning of this chapter,
medical futility is continuing to provide a medical
intervention or treatment that would not provide a
cure or benefit to the patient. As with the young
Jahi McMath, who was determined to have brain
death, continuing to keep her alive on life support
would be futile, as
there is little or no hope for recovery. So this discussions with the health care team, patient,
decision was considered just, as discontinuation of and family (or designated
life support was not based on her age, ethnicity or surrogate), and ensure that the patient’s wishes
socio-economic status. It was based on her are respected.
medical diagnosis.  Nurses recognize that moral distress may be
associated with do-not-resuscitate decision-
making and should seek support as
needed for themselves, health team
members, patients, and families.
 Nurses seek opportunities to learn more about
the evidence associated with do-not-
resuscitate orders, as well as best practices for
The American Nurses Association recommends
approaching patients and families when do-
that:
not-resuscitate orders may be part of the plan
 Nurses act to respect of care.
human dignity supporting the patient’s right  Remain objective when discussing end-of-life
to accept, refuse, or terminate treatment options with patients who are exploring
and be given necessary support throughout the medical aid in dying.
decision-making and treatment process,  Have an ethical duty to be knowledgeable
including resuscitation decisions. about this evolving issue.
 Nurses actively participate in ensuring the  Be aware of their personal values regarding
responsible and appropriate use of medical aid in dying and how these values
interventions regarding do-not-resuscitate might affect the patient-nurse relationship.
orders through active involvement in  Have the right to conscientiously object to
evaluation, revision, and implementation of being involved in the aid in dying process.
established institutional policies.  Never “abandon or refuse to provide comfort
 Nurses care for patients with do-not- and safety measures to the patient” who has
resuscitate orders as they would care for any chosen medical aid in dying. Nurses who work
other patient, including respect and advocacy in jurisdictions where medical aid in dying is
for the patients’ preferences and values, legal have an obligation to inform their
promotion of well- being, and alleviation of employers that they would predictively
suffering. exercise a conscience-based objection so that
 Nurses support the patient’s wishes in appropriate assignments could be made.
reviewing and revising advance directive  Protect the confidentiality of the patient who
decisions and comply with the patient’s chooses medical aid in dying.
wishes. Further, they promote advance care  Remain objective and protect the
planning conversations and are knowledgeable confidentiality of health care professionals
about the benefits and limitations of various who are present during the aid in dying
advance directive documents. process, as well as the confidentiality of those
 Nurses provide accurate, complete, and who choose not to be present.
understandable information in a manner that  Be involved in end-of-life policy discussions
facilitates an informed decision and are and development on local, state, and national
available to assist with weighing the benefits, levels, including advocating for palliative and
burdens, and risks of available options in hospice care services.
treatment, including the choice of no  Furthermore, research is needed to better
treatment. understand the phenomenon.
 Nurses advocate for using an interdisciplinary,
collaborative approach when making
decisions about resuscitation. Nurses foster
Lesson 7
BIOETHICS AND RESEARCH
A. PRINCIPLES OF ETHICS IN RESEARCH National Commission for the Protection of Human
Subjects of Biomedical and Behavioral Research.
Principles of beneficence, respect for human
dignity and justice underlie the ethical conduct of
research. The principle of beneficence implies the
right to protection from harm and discomfort,
including a balance between the benefits and risks
of a study. The principle of respect for human
dignity implies the rights to full disclosure and
self- determination or autonomy. The principle of
justice implies the rights of fair treatment and
privacy including anonymity and confidentiality.
Recognition of the need to regulate research
on human beings can be traced back to reactions
against the abuses associated with German and
Japanese research during World War II. However,
as the twentieth century rolled out it was Some Important Considerations
increasingly recognized that a number of abuses,
in terms of research on human subjects, continued Human beings are deserving of respect and
protection as inalienable rights. This is equally the
into the post-war period in both democratic and case during research activities as it is in any other
communist countries. The most cited violations of circumstances. Based on the work of the
human rights in research are those that were philosopher Immanuel Kant1 such values are
perpetuated by the Nazis during the World War II expressed in the principle of respect for persons,
sometimes translated as respect for autonomy.
and that came to public awareness during the Such expressions of course raise questions of the
Nuremberg trials. definition of person and autonomy and when and
in what set of circumstances such concepts are
The first internationally accepted set of ethical and are not applicable.
guidelines with regard to these issues was the However, for the purposes of this chapter we
Nuremburg Code published in 1947. The World will take it that respect is applicable to all
Medical Association (WMA) publicly endorsed the human participants in nursing and health care
principles expressed in the Nuremburg Code by research. The question then arises regarding what
drawing up the Declaration of Helsinki in 1964 (WMA this actually means in the case of individual
1964). This Declaration has been revised a number of participants in a particular research project. At a
minimum, the considerations explored below are
times since its first publication.
relevant.
International efforts to provide guidelines for
B. ETHICAL ISSUES IN EVIDENCES BASED
protection of human rights have been documented
PRACTICE
in the NUREMBERG CODE, which was Ethical issues permeate the entire
developed as a set of principles for the ethical research process from the identification of the
conduct of research against which the experiments research question and selection of research
in the concentration caps could be judged, and the participants, to dissemination of findings. Many
DECLARATION OF HELSINSKI, issued by the texts focus their discussions of ethical issues in
World Medical Assembly in 1964 and revised in research primarily on protection of human rights.
1975 and in 2001 to guide clinical research.
Included in the BELMONT REPORT, the Respect for the Human Person - Dignity
Within the context of research activity, the
principles set forth in these codes serve as the
principle of respect for persons is frequently
basis for policies developed by the United States
articulated in terms of rights – both rights to must specify
autonomous participation and welfare rights
(welfare rights refer to the right to have one’s
support and protection needs respected).
Some such rights are the following:
• The right not to be injured or mistreated.
• The right to give informed, un-coerced
consent to participate in the particular piece
of research.
• The right to privacy, confidentiality and/or
anonymity.
In terms of protecting the participant’s right
not to be injured or mistreated, it is normally the
duty of the research team not to expose the
research participant to significantly burdensome,
unreasonable, known or predictable risk. On
occasion however, when significant burden or
predictable material risk is unavoidable, it is the
duty of the research team to provide appropriate
information on the likely burden and /or risk
involved, so that the participant can determine if
they fully understand and accept such burden or
risk. Thus, for example, in drug trials and trials
involving medical devices, the trials are phased
and normally commence with non-human
(laboratory and animal) trials. Such measures help
to provide insight into likely effects of the
particular drug or device – at least on non-human
subjects. Thus, by the time clinical trials (trials
using human participants) commence, previous
phases give insight into the actions of the agent
(drug or device for example). This provides a
certain level of confidence that the agent will
either not cause significant physical risk to the
trial participants or that any such risks, which will
be explained to the participant prior to
participation, can and will be managed and /or
mitigated by the research team. Where discomfort,
burden and/or risk cannot be avoided such
discomfort, burden and/or risk must be
proportionate to the anticipated gain, either
directly to the individual participant and/or to
humanity or society.

A Summary of the ANA Guidelines for the


Protection of Human Rights
Right to Freedom from Intrinsic Risk of Injury
• When an individual participating in research is
exposed to increased risk for social,
emotional, or physical injury, the investigator
the degree of risk and estimate how the risk consent must be obtained.
to the individual compares to the benefit to
humanity through knowledge gained.
• All relevant information concerning
activities that go beyond established and
accepted procedures for meeting personal
needs must be given to a prospective
participant prior to that person's
participation in the study. • Nurses must be
vigilant in their concern for persons who are
unable to effectively protect themselves
from harm or injury due to illness or other
condition and be aware of potentials for
exploiting captive populations, such as
persons in institutions, students, or
prisoners.

Right to Privacy
• Since an investigator cannot decide for
another what is considered an invasion of
privacy for that person, all proposals,
protocols, investigative instruments, and
procedures to be used in research activities
must be specified and discussed with the
prospective participant.
• . The above must be discussed as well with
any workers who are expected to take part
in the research as data gatherers or research
participants.

Right to Anonymity
• There must be safeguards against
unanticipated physical, psychological, or
social disadvantages occurring to
participants because of their role in the
research, either during the study or from
dissemination of findings.
• Assurance that a participant's anonymity
will be protected must be provided when the
participant agrees to share personal
information that might not be divulged to
others in another context.
• When collected data is not to remain under
the control of the investigator, mechanisms
for protecting the identity of the participant
and safeguarding confidentiality must be
established.
• . When the plan of the study or the report of
the findings will sacrifice the participant's
anonymity or confidentiality-specific prior
• Potential violations of human dignity from health care team or from relatives or
demeaning or dehumanizing situations in the significant others.
research protocol require special Nurses who are assisting with
consideration, recognizing that such violations research or who work on units where research
can have long- range repercussions when is being conducted must be familiar with the
significant values of the individual are elements of an informed consent. If the
involved. elements of the consent are incomplete, nurse
Informed Consent should bring this to the attention of the
investigators or the institution ethics
Respect for the individual’s right to make committee.
decisions about themselves and their life (respect
for autonomy) requires that research participants Research participants, in order to be properly
are adequately and properly informed regarding protected from unwarranted risk of such personal
the nature of the research project. information becoming available in public and thus
For example, potential participants must be potentially being used to the detriment of the
informed with regards to what will be required of research participant, (and to enable the participant
the individual participant, including the to feel safe to participate in the particular study)
approximate time requirement, any procedures should be assured that such personal information
that will be performed on him/her, any known or will be kept private and confidential. Where strict
predictable risks or side effects, the nature of the confidentiality cannot be assured appropriate
trial (where a clinical trial is part of the research mechanisms should be designed into the study to
design), whether a placebo is being used, whether protect participants. Participants can thus be
the trial is blinded and so forth. Such information assured that their identity will not be divulged –
enables the potential research participant to give i.e. the data collection, handling and storage
informed consent to participate in the particular processes protects anonymity. In this latter case,
research activity or project. for example, participants are normally not asked
to divulge their names on self-completed
There are two other crucial elements that must questionnaires– such as when completing patient
be in play in order to ensure that consent is not satisfaction questionnaires or when a staff member
only informed but also voluntary—and thus completes a staff survey
autonomously exercised.

These elements are: Beneficence and Non-Maleficence


Two of the internationally accepted,
1. The participant must have the capacity to fundamental core principles underpinning both
both understand the information being nursing practice and research are the principle of
provided regarding the particular piece of beneficence (do good) and the mirror principle of
research, including the implications of non-maleficence (do not harm). Thus, one should
participation for the individual, and the do good to and should not harm one’s patients,
(cognitive) ability to exercise consent. clients or research participants. Clearly some
2. The participant must be free from coercion. interventions (for diagnostic, therapeutic and/or
Thus, the participant must be assured and research purposes) may be uncomfortable,
accept, for example, that refusal to consent burdensome or painful. Some may cause a degree
will not affect her/his current care and of harm - for example surgical intervention,
treatment if the individual is being cared for dressing of wounds and burns and so forth.
by any member of a health care team; either in However, the basic stance is that the core function
hospital or in the community. The individual of the health care professional is to work for the
should also be free from any other form of benefit of the patient or client from a health
duress related to the research in question – perspective. Thus, the practitioner or the
from the research or researcher
must not cause unnecessary or avoidable harm or anonymity exists. Confidentiality refers to the
distress to one’s patients, clients or research researcher’s assurance to participants that
participants. Article 6 of the Declaration of information provided will not be made public or
Helsinki states that this position with particular available to anyone other than those involved in
clarity: the research process without the participant’s
consent. Confidentiality is maintained by using
“In medical research involving human subjects, codes rather than personal identification on data
the well-being of the individual research collection forms and restricting access to raw data
subject must take precedence over all other to those on the research team who need the use of
interests.” data.

In order to continue to develop the evidence The right to fair treatment is related to the
base for health care and nursing practice, relevant, right to self-determination. Equitable treatment of
well-designed research is both important and participants in the selection process, during the
essential. Conversely, the results of poorly study, and after the completion of the study is at
designed research may, at worst, seriously harm the basis of this right. Factors to consider in the
participants or, at best, waste their time, while at selection of fair treatment includes the following:
the same time make misleading or detrimental • Selecting participants based on the research
contributions to the evidence base. This means needs, not on the convenience or compromised
that significant time and effort should be invested position of a group of people
into research training and research oversight and • Equitably distributing the risks and benefits of
governance. the research among participants regardless of
A corollary of the principles of beneficence age, gender, socioeconomic status, race or
and non-maleficence, in terms of clinical trials, is ethnic background
that a study must be stopped immediately, when • Honoring any agreements made or benefits
the risks are found to outweigh the potential promised
benefits. A similar imperative exists when there is • Treating participants with respect, providing
conclusive evidence of positive and beneficial access to research personnel or other
results from one of the agents under investigation. professionals as needed
• Treating persons who decline to participate or
Justice withdraw from the study without prejudice
The principle of justice includes the rights to • Debriefing as needed to clarify issues or when
privacy and to fair treatment. The nature of information had been withheld prior to the
research is to gather information about what is study
being studied. When persons are the focus of a
study, the right to privacy is a critical issue. C. ETHICO-MORAL OBLIGATIONS OF
Attentiveness to privacy means the participant THE NURSE IN EVIDENCE BASED
determines when, where and what kind of PRACTICE
information is shared, with an assurance that Nurses must be accountable for the quality of
information, attitudes, behaviors, records, care they deliver and research is one way of
opinions and the like that are observed and documenting the efficacy of nursing practice.
collected will be treated with respect, kept secure Both the art and science of nursing are expanded
and kept in strict confidence. Privacy is through research.
maintained through anonymity, confidentiality
and informed consent. Research is necessary for the ongoing
Because the concept of privacy may vary in development of the unique body of knowledge
different cultures, the kind of information that undergirds the discipline of nursing and
participants feels confutable allowing to be shared provides an organizing framework for nursing
may also vary. If even the researcher can’t link the practice.
information with a particular participant, then
Participating in research can be exciting and Maintaining Quality Documentation Practice
encourage professional growth. It can also present
some dilemmas for the nurse and nurse researcher As partners in efforts to achieve a quality
in the academic and clinical realms. Seeking new practice setting clinical staff, medical record staff
knowledge and understanding is the expected and hospital managers have a shared responsibility
motivation for conducting research. However, and legal accountability to create and maintain
personal or institutional gains related to rewards environments that support competent clinicians in
like grant funds, prestige, the need to succeed or providing quality, evidence-based outcomes for
promoting a product can be other motivating patients. In ensuring quality documentation
factors that may challenge principled behavior in practice, these documentation guidelines
regard to research. encourage employers, medical record and clinical
staff to incorporate strategies, policies and
A nurse who works in clinical areas where procedures that strengthen effective
research is being conducted must be aware of documentation practices within the work setting.
principles for the conduct of research, regardless
of whether the nurse has an active role with the Documentation Policy
research project. In this regard, guidelines from Medical Record Officers should ensure they
the American Nurses Association state: have documented policy, procedure and quality
“A relationship of trust between nurse and patient has assurance mechanisms in place which clarify:
always been an essential element of the professional
• the legislative requirements for documentation
code of ethics. In research, a relationship of trust
• the minimum requirements for documentation
between the subject and investigator requires that the
investigator assume special obligation to safeguard
• format and type of documentation (including
the subject... acceptable documentation tools and forms)
• the roles and responsibilities of the clinical
The individual has the right to self-determination staff in relation to documentation
concerning what will be done to his person. Each
• accepted abbreviations in the organization
practitioner of nursing has an obligation to endorse
(including their agreed meaning)
and support self-determination as a moral and legal
right of the individual. The responsibilities of
• any requirements for witnessing or counter
safeguarding the rights of others must be fully signing documentation (and the meaning and
accepted by nurses whether their roles are as responsibility assigned to these practices)
practitioners, educators or researchers.” • requirements for access, storing, archiving and
retaining documentation
GUIDELINES AND PROTOCOLS IN
• requirements for documentation of verbal
DOCUMENTATION AND HEALTH
orders and provision of telephone
CARE RECORDS
advice/information
Purpose of Guidelines • requirements for confidentiality and privacy.

These guidelines support employers, policy CLINICAL COMPETENCE IN RELATION


makers, managers and clinical staff in TO DOCUMENTATION
documentation practices and policies that
Appropriate documentation promotes;
demonstrate the professional obligation,
accountability and legal requirements to • a high standard of clinical care
communicate patient health information and • continuity of care
clinical interventions in the public interest. It • improved communication and dissemination
should be assumed that any and all clinical of information between and across service
documentation will be scrutinized at some point. providers
• an accurate account of treatment, intervention
and care planning
• improved goal setting and evaluation of care GUIDELES FOR MEDICAL RECORD AND
outcomes CLINICAL DOCUMENTATION
• improved early detection of problems and
changes in health status Medical Record and Clinical Documentation
• evidence of patient care. 1. Clear
A clinician’s documentation should be able to 2. Concise
demonstrate; 3. Complete
4. Contemporary
• a full account of the clinician’s assessment of 5. Confidential
the patient and the care planned and provided 6. Patient Centered
• relevant information in relation to the patient’s 7. Collaborative
condition at any given time and the 8. Comprehensive
interventions 9. Correct
• and actions taken to achieve identified health 10. Consecutive
outcomes and/or respond to actual or potential
adverse events Key Point Summary
• evidence that the clinician met their duty of • Documentation includes all forms of
care and taken all reasonable decisions and documentation by a doctor, nurse or allied
actions to provide the highest standard of care health professional (physiotherapist,
• evidence that the clinician met their duty of occupational therapist, dietician etc) recorded
care and that any actions or omissions did not in a professional capacity in relation to the
compromise the patients’ safety or identified provision of patient care.
health outcomes • Documentation and record keeping is a
• a record of all communications with other fundamental part of clinical practice. It
relevant others in relation to the patient demonstrates the clinician’s accountability and
GUIDING PRINCIPLES FOR records their professional practice.
DOCUMENTATION • Documentation is the basis for communication
between health professionals that informs of
Guiding Principle 1: Comprehensive and the care provided, the treatment and care
complete record planned and the outcome of that care as a
Clinical staff have a professional obligation to continuous and
maintain documentation that is clear, concise and • contemporaneous record.
comprehensive, as an accurate and true record of • Documentation is a record of the care and the
care. clinical assessment, professional judgement
and critical thinking used by a health
Guiding Principle 2: Patient centered and professional in the provision of that care
Collaborative • Documentation should be clear, concise,
Documentation is patient centered, patient consecutive, correct, contemporaneous,
focused, collaborative and appropriate to the complete, comprehensive, collaborative,
setting in which the care is provided and the patient-centered and confidential.
purpose for which the information recorded. • Documentation must be patient focused and
based on professional observation and
Guiding Principle 3: Ensure and maintain assessment that does not have any basis in
confidentiality unfounded conclusions or personal
Documentation systems (including electronic judgements.
systems) will ensure and maintain patient • Clinical staff must able to competently
confidentiality, in all care settings. communicate effectively with individuals and
groups using formal and informal channels of
communication and ensuring documentation is treatment of data. Taking care to ensure that only
accurate and maintains confidentiality. those who are involved in the research process
• Clinical staff are required to make and keep have access to the data and to maintain
records of their professional practice in confidentiality were mentioned previously. A
accordance with standards of practice of their critical ethical obligation of qualitative nursing
profession and organizational policy and researchers is to present and describe the
procedure. experiences of others as authentically and
• Documentation is often used to evaluate faithfully as possible, even when it is contrary to
professional practice as a part of quality our own aims. The imperative to report the
assurance mechanisms such as performance findings as accurately as possible is an ethical
reviews, audits and accreditation processes, obligation in quantitative studies as well.
legislated inspections and critical incident
reviews. Nurses involved in research are accountable to
• Documentation systems should promote professional standards for reporting findings.
appropriate sharing of information amongst Principles that guide academic honesty apply as
the multidisciplinary and teams. well to nurse researchers in reporting outcomes of
• Accurate and comprehensive documentation is studies. It is dishonest to exaggerate results,
a valuable source of data for data coding, withhold negative findings, or adjust facts of a
health research and a valuable source of study in order to maximize or minimize particular
evidence and rationale for funding and outcomes or hypotheses. When information from
resource management. someone else is included in a report without
• Documentation should record both the actions appropriate referencing, this is plagiarism. In
taken by clinical staff and the patient’s needs recent years, scientific misconduct has become a
and/or their response to illness and the care concern within the scientific community. Articles
they receive. have been published in professional journals
• Clinical staff have legislative, professional and reporting studies that were never conducted,
ethical obligations to protect patient findings that were fabricated or findings that were
confidentiality. This includes maintaining intentionally distorted by researchers. Although
confidential documentation and patient these reports have related more to biomedical
records. studies than to nursing research, such reports
• Precautions must be taken to ensure that present problems to disciplines whose clinical
clinicians are fully informed of appropriate, practice may be changed based on research
safe and secure use of electronic information findings. They also serve as reminders to nurses to
systems and the potential risks involved in be vigilant regarding ethical reporting of research
using such systems in ensuring and maintain findings.
confidentiality.
• It should be assumed that any and all
clinical documentation will be scrutinized at
some point.
ETHICAL TREATMENT OF DATA
Scholarship issues regarding data include how
the data is handled during the collection and
analysis process and how the data is reported.
Ethical treatment of data implies integrity of
research protocols and honesty in reporting
findings. The honesty and integrity of the
researcher are of utmost importance in the ethical
Lesson 8
ETHICAL CONSIDERATIONS IN LEADERSHIP AND MANAGEMENT
Leadership is an important issue related to relationships with each other and other living
how nurses integrate the various elements of things. It always directs people and
nursing practice, how to ensure highest quality communities toward the common good, i.e.,
care for clients. Nurses are leaders in their roles as towards justice.
health care providers and advocates.
Ethical leadership really has two elements.
LEADERSHIP IN NURSING First, ethical leaders must act and make decisions
Leadership ethically, as must ethical people in general.
Secondly, ethical leaders must also lead ethically
 the process through which an individual – in the ways they treat people in everyday
attempts to intentionally influence another interaction, in their attitudes, in the ways they
individual or a group in order to encourage, and in the directions in which they
accomplish a goal (Pointer, 2006, p. 125). guide their organizations or institutions or
 a qualitative statement of personal or initiatives.
individual ability.
 a set of knowledge, skills, and attitudes Ethical leadership is both visible and invisible.
that can be used by all nurses. The visible part is in the way the leader works
with and treats others, in his behavior in public, in
MANAGEMENT - tasks, leadership is about his statements and his actions. The invisible
perception, judgment, and philosophy. aspects of ethical leadership lie in the leader’s
The American Association of Colleges of character, in his decision-making process, in his
Nursing (AACN) documents on baccalaureate mindset, in the set of values and principles on
(2008) and master’s essentials (2011) support the which he draws, and in his courage to make
development of leadership competencies in all ethical decisions in tough situations.
nurses. Scott and Miles (2013) state that “if nurses The two top leadership qualities are Integrity
are to make an impact on the advancement of (Being strongly committed to doing what he/she
patient care and the promotion of patient safety, knows right) and Trustworthiness (worthy of
then leadership must be considered an integral being trusted; honest, reliable and dependable).
dimension of nursing education across the
continuum” (p. 78). Ethical leaders are ethical all the time, not just
when someone’s looking; and they’re ethical over
In the baccalaureate document, essential II time, proving again and again that ethics are an
states that “knowledge and skills in leadership, integral part of the intellectual and philosophical
quality improvement, and patient safety are framework they use to understand and relate to the
necessary for the provision of high-quality health world.
care” (p. 3). In addition, “The baccalaureate
program prepares the graduate to engage in ethical Before nurse leaders can adapt and implement
reasoning and actions to provide leadership in ethical standards, they must understand the
prompting advocacy, collaboration, and social components of ethical decision-making as they
justice as a socially responsible citizen” apply to the field. The American Nurses
Association (ANA) and other nursing leadership
ETHICAL LEADERSHIP organizations outline these basic principles as a
 the study of ethical issues related to leadership baseline for ethical nursing practice:
and the ethics of leadership. It consists of
what is right, wrong, good, evil, virtue, duty,
rights, obligations, justice, fairness in human
1. Benevolence A. MORAL DECISION-MAKING
Nurses must be committed to helping patients and A moral decision is a decision made in a way
seeking out the best possible healthcare outcomes so that action or inaction conforms to one’s
for them. morals/ typically, we refer to a moral decision
2. ▪Nonmaleficence when the choice made is not the choice that would
be valid per some rationale such as greater
Nurses must make sure they are not purposely comfort, financial reward or lower sost or
harming patients in their care. While treatment or elimination of some problem.
procedure can have negative impacts on patients,
nurses should not cause intentional harm. Morals are acquired (learned or self-
developed) rules of behavior categorized into right
3. Fidelity or wrong, where the rules typically omit context
Nurses should be faithful to their promises and and nuance.
responsibility to provide high quality and safe 1. PRINCIPLE OF MORAL DISCERNMENT
care.
Principle of Discernment is rooted in the
4. Accountability understanding that God is ever at work in one’s
Nurses must accept personal and professional life, “inviting, directing, guiding and drawing one
consequences for their actions. into the fullness of life”. It presupposes an ability
to reflect on the ordinary events of one’s life, a
5. Veracity habit of personal prayer, self-knowledge,
Truthfulness is a cornerstone in nursing and knowledge of one’s deepest desires and openness
something patients depend on. to God’s direction and guidance. It is a prayerful
‘pondering or mulling over’ the choices a person
Patients should be able to depend on nurses for the wishes to consider. It is a process that should
truth even if the information is distressing. move inexorably toward a decision. It is both to
6. Patient autonomy understand and to decide.

Patients are entitled to know about all of their Discernment refer to the ability to discern the
treatment options and have the right to make moral good, discern a moral right from wrong,
decisions about their healthcare based on their and must have the standard with measure or
personal beliefs. Patients have the right to refuse compare the good thing and bad thing. Moral
treatment or medication. If a patient does not have discernment defines the moral convictions that
the capacity to understand the information, the determine one’s behavior and ultimately one’s
patient’s healthcare power of attorney should be life. The person with moral integrity can lives
consulted. with consistent of convictions or believes of
themselves. Carter (1996) defined the people that
In addition to understanding components of have moral integrity that consistent to hold the
ethical decision-making, nurse leaders must be moral principle, conviction. Olson (2002) defined
able to help staff nurses handle the implications moral discernment refer to the ability to discern
that arise from poor ethical choices. Failure to what is morally right from morally wrong that
address moral distress that results from poor requires moral reflectiveness on the meaning of
ethical decision-making can wreak havoc on a good and bad. It refers to ability to draw
nursing unit, the nursing workflow production conclusions from the discernment to develop
platform Lippincott Solutions said. convictions. Livesey (2012) defined discernment
“As moral distress on a unit increases, so too does that including both rule knowledge and reasoning.
staff turnover and a loss of job satisfaction,” the Discernment is the ability to obtain sharp
organization said. perceptions or to judge well (or the activity of so
doing). In the case of judgment, discernment can
be
psychological or moral in nature. Within As judgement of intellect, it makes declaration of
judgment, discernment involves going past the
mere perception of something and making
nuanced judgments about its properties or
qualities. Considered as a virtue, a discerning
individual is considered to possess wisdom, and
be of good judgement; especially so with regard to
subject matter often overlooked by others. In
Christianity, the word may have several meanings.
It can be used to describe the process of
determining God's desire in a situation or for one's
life or identifying the true nature of a thing, such
as discerning whether a thing is good or evil. In
large part, it describes the interior search for an
answer to the question of one's vocation, namely,
determining whether or not God is calling one to
the married life, single life, consecrated life,
ordained ministry or any other calling.
Discernment of Spirits is a term used in both
Roman Catholic and Charismatic (Evangelist)
Christian theology to indicate judging various
spiritual agents for their moral influence.

2. PRINCIPLE OF WELL-FORMED
CONSCIENCE

 states that to have a good judgement of


conscience, one is obliged to form it diligently
accordance with some reasonable processes so
that one arrives at a right moral decision. -
indicates that people are obligated to inform
themselves about ethical norms, incorporate
that knowledge into their daily lives, act
according to that knowledge, and take
responsibility for those actions.
 the moral precepts as objective norms of
morality can be compared to signposts and
markers on the road which indicate the
direction the traveler must take in order to
reach his goal.
 Conscience are guides on our
journey in our lives.
 Directs us to the right path to our
goals.
CONSCIENCE

 subjective norm of morality


 maybe erratic and prone to miscalculations
 based on human intellect which is imperfect,
therefore prone to errors.
 truth and untruth
 goodness and badness
 actions he wants to pursue
 Thoughts he wants to
believe. May be affected by:
 family
 environment
 School,
 church
 individual’s own biases
 narrowness of experience or outlook
 moral obligations

3. STRATEGIES OF MORAL DECISION-


MAKING PROCESS
a. Recognizing Personal Circumstances -
Thinking about origins of problem, individuals
involved, and relevant principles, goals &
values; considering one’s own role in causing
and/or resoling the problem.

b. Anticipating Consequences of Actions -


Thinking about many possible outcomes such as
consequences for others, short & long term
outcomes based upon possible decision
alternatives.
c. Considering the Effects of Actions on Others
- Being mindful of others’ perceptions, concerns,
and the impact of your actions on others, socially
and professionally.
d. Seeking outside Help - Talking with a
supervisor, peer, or institutional resource, or
learning from others’ behaviors in similar
situations

e. Questioning your own and Others’ Judgment


- Considering problems that people often have
with making ethical decisions, remembering that
decisions are seldom perfect.
f. Dealing with E motions - Assessing and
regulating emotional reactions to the situation.
g. Analyzing Personal Motivations -
Considering one’s own biases, effects of one’s
values and goals, how to explain/justify one’s
actions to others, & questioning ability to make
ethical decisions.
B. MEANING AND SERVICE VALUE OF infections or illnesses that patients
MEDICAL CARE receive while admitted. This
VALUE-BASED HEALTH CARE - also known program reduces payments for
as VALUE-BASED CARE - a payment model hospitals that rank the worst for
that rewards healthcare providers for providing how often patients get hospital
quality care to patients. Under this approach, acquired conditions.
providers seek to achieve the triple aim of Benefits of Value-Based Healthcare Delivery
providing better care for patients and better health
for populations at a lower cost. 1. Patients spend less money to achieve better
health
Focuses on care coordination that ensures
patients are given the right care by the right Managing a chronic disease or condition like
provider at the right time. Thus, in a value-based cancer, diabetes, high blood pressure, COPD, or
healthcare model, physicians may collaborate with obesity can be costly and time-consuming for
each other on a patient's care, rather than making patients. Value-based care models focus on
decisions separately that can lead to gaps or helping patients recover from illnesses and
overlaps in care. injuries more quickly and avoid chronic disease in
the first place. As a result, patients face fewer
Examples of value-based healthcare models doctor’s visits, medical tests, and procedures, and
 Hospital Value-Based Purchasing they spend less money on prescription medication
Program, which rewards acute care as both near- term and long-term health improve.
hospitals with incentive payments 2. Providers achieve efficiencies and greater
for the quality of care they provide patient satisfaction
to Medicare patients. This program
is designed to improve the patient While providers may need to spend more time on
experience during hospital stays. new, prevention-based patient services, they will
 Hospital Readmission Reduction spend less time on chronic disease management.
Program, which lowers payments Quality and patient engagement measures increase
to Inpatient Prospective Payment when the focus is on value instead of volume. In
System hospitals that have too addition, providers are not placed at the financial
many readmissions. This program risk that comes with capitated payment systems.
incentivizes hospitals to improve Even for-profit providers, who can generate
their communication, care higher value per episode of care, stand to be
coordination and how they work rewarded under a value-based care model.
with patients and caregivers on 3. Payers control costs and reduce risk
post-discharge planning.
Risk is reduced by spreading it across a larger
 Value Modifier Program or
patient population. A healthier population with
Physician Value-Based Modifier,
fewer claims translates into less drain on payers’
which measures the quality and
premium pools and investments. Value-based
cost of care for Medicare patients.
payment also allows payers to increase efficiency
This program determines the
by bundling payments that cover the patient’s full
amount of Medicare payments
care cycle, or for chronic conditions, covering
physicians will receive based on
periods of a year or more.
their performance on certain cost
and quality measures. 4. Suppliers align prices with patient outcomes
 Hospital Acquired Conditions
Suppliers benefit from being able to align their
Program, which encourages
products and services with positive patient
hospitals to reduce the number of
outcomes and reduced cost, an important selling
proposition as national health expenditures on Because there are many other causal factors
prescription drugs continue to rise. Many for this financial phenomenon, the rise in the
healthcare industry stakeholders are calling for financial costs of health care has been consistently
manufacturers to tie the prices of drugs to their exponential, in many countries, since the latter
actual value to patients, a process that is likely to part of the 20th century. By the nature of the case,
become easier with the growth of individualized this occurs to a greater extent, and at a more rapid
therapies. pace, in any country the politicians and public
5. Society becomes healthier while reducing policy makers for which decide to employ a health
overall healthcare spending care system that does not provide universal
coverage.
Less money is spent helping people manage
chronic diseases and costly hospitalizations and Within contexts of diverse values, beliefs, and
medical emergencies. In a country where interests, pediatricians are faced with a variety of
healthcare expenditures account for nearly 18% of ethical decisions in daily practice. From how to
Gross Domestic Product (GDP), value-based care offer parental advice when beliefs differ (eg, in
has the promise to significantly reduce overall vaccine refusal) to who is best equipped to make
costs spent on healthcare. decisions for a child, his or her family, and society
(eg, in chronic fatal disease), pediatricians must
ALLOCATION OF HEALTH RESOURCES use ethical principles to consider the views and
Health Care Resources values of all involved parties.

 defined as all materials, personnel, Resolving ethical dilemmas involves


facilities, funds, and anything else comprehensive reflection and use of the bioethical
that can be used for providing principles of autonomy, beneficence,
health care services. nonmaleficence, and justice. These commonly
accepted 4 principles provide guidance for
Health care resources have never been assessing and balancing potential harms and
unlimited in any society, regardless of the type of benefits within medical care.
health care system that was employed. At least for
the foreseeable future, this fact is unlikely to 1. The first principle is that the allocation of
change, but it is this fact that necessitates some health care resources should improve people’s
form of what is normally referred to as the health.
rationing of health care resources. Health care 2. The second principle is that patients and
resources include not only the availability of in- members or prospective members of health
patient hospital (and other medical facility) beds, care organizations should be informed about
emergency room beds, surgical units, specialized how health care resources are allocated and
surgical units, specialized treatment centers, the rationale for the allocation
diagnostic technology, and more, but also 3. The third principle carries the second a step
personnel resources, that is, health care further; once provided with information,
professionals of every description. patients, members, and prospective members
of a health care organization should have the
Whenever the availability of health care opportunity to consent to or deny that
resources is exceeded by the demand for health organization’s allocation of health care
care resources, the financial costs of such resources.
resources will rise; to the extent that, historically, 4. The fourth principle states that conflicts of
there has been a consistent progression of the interest should be minimized by individuals
demand for such resources exceeding their making decisions regarding the allocation of
availability, the financial costs of health care have health care resources.
also, consistently, risen.
ISSUES INVOLVING ACCESS TO CARE g. Next-generation payment models -
a. Costs and transparency - Implementing Developing and integrating technical and
strategies and tactics to address growth of operational infrastructure and programs for a
medical and pharmaceutical costs and impacts more collaborative and equitable approach to
to access and quality of care. manage costs, sharing risk and enhanced
b. Consumer experience - Understanding, quality outcomes in the transition from
addressing, and assuring that all consumer volume to value (bundled payment, episodes
interactions and outcomes are easy, of care, shared savings, risk-sharing, etc.).
convenient, timely, streamlined, and cohesive h. Accessible points of care - Telehealth,
so that health fits naturally into the “life flow” mHealth, wearables, digital devices, retail
of every individual’s, family’s and clinics, home-based care, micro-hospitals; and
community’s daily activities. acceptance of these and other initiatives
c. Delivery system transformation - moving care closer to home and office.
Operationalizing and scaling coordination and i. Healthcare policy - Dealing with
delivery system transformation of medical and repeal/replace/modification of current
non-medical services via partnerships and healthcare policy, regulations, political
collaborations between healthcare and uncertainty/antagonism and lack of a
community-based organizations to overcome disciplined regulatory process. Medicare-for-
barriers including social determinants of All, single payer, Medicare/Medicaid buy-in,
health to effect better outcomes. block grants, surprise billing, provider
d. Data and analytics - Leveraging advanced directories, association health plans, and short-
analytics and new sources of disparate, term policies, FHIR standards, and other
nonstandard, unstructured, highly variable mandates.
data (history, labs, Rx, sensors, mHealth, IoT, j. Privacy/security - Staying ahead of
Socioeconomic, geographic, genomic, cybersecurity threats on the privacy of
demographic, lifestyle behaviors) to improve consumer and other healthcare information to
health outcomes, reduce administrative enhance consumer trust in sharing data.
burdens, and support transition from volume Staying current with changing landscape of
to value and facilitate individual or provider or federal and state privacy laws.
payer effectiveness.
e. Interoperability/consumer data access -
Integrating and improving the exchange of
member, payer, patient, provider data, and
workflows to bring value of aggregated data
and systems (EHR’s, HIE’s, financial, admin,
and clinical data, etc.) on a near real-time and
cost-effective basis to all stakeholders
equitably.
f. Holistic individual health - Identifying,
addressing, and improving the
member/patient’s overall medical,
lifestyle/behavioral, socioeconomic, cultural,
financial, educational, geographic, and
environmental well-being for a frictionless and
connected healthcare experience.
Lesson 9
ETHICAL ISSUES RELATED TO TECHNOLOGY IN THE DELIVERY OF HEALTH CARE

TELEMEDICINE novice patient or proxy. As a result,


 the use of medical information and telehealth challenges “what ‘informed’
technology to advance clinical care at a [consent] means when new technologies
distance has the potential to transform require education about benefits and
patient-centered care. New technology burdens associated with their use”. This is
platforms allow us to communicate with especially true when users, either provider
patients through a variety of means, or patient, have limited understanding of
including text, e-mail, and mobile-device the technology itself. Informing patients
applications. and ensuring their understanding about
 can integrate remote monitoring and the scope of telehealth is critical. It is
sensing mechanisms with automated essential for individuals to understand
interactions and reminders to better both the strengths and limitations of this
engage patients when they are not in a technology.
doctor’s office. The technology can also EHEALTH
facilitate communications between
members of the care team, improving  refers to the use of information and
coordination of care. communication technologies (ICTs) in
healthcare.
TELEHEALTH  combine intelligent health record aggregation
 a general term that describes the use of and clinical referral coordination.
telecommunication technologies in  provide potential support for disease self-
support of clinical health care, education, management, but the value of current
and public health. applications is unclear to patients with
 services include not only traditional video multiple chronic conditions (MCCs).
conferencing but also e-mail, remote  Key benefits of eHealth technologies may
patient monitoring devices, and even include:
facsimile.  save a lot of time,
 Telehealth technology allows physicians  give people more information
and other providers to consult and assist about their health.
with data interpretation and patient care  doctors can safely and easily share
regardless of geographic separation. For information with colleagues.
example, a specialty radiologist may read  E-health services and concept can be applied
advanced imaging for a primary care and utilized in the following areas:
physician in a remote area.  Medical and healthcare
 pushes the boundaries of informed management
consent, justice, and provider  Health education
competencies, as well as a number of  Strategic health planning
professional regulatory domains. To  Medical education and training
begin with, telehealth users may have  Patient care and support
variable levels of experience and  Preventive health services
technical savviness. Therefore, risks  Provision of health services
associated with telehealth (e.g.,  Knowledge-based services
miscommunication or incomplete  Electronic medical record
examination of a patient) may not be  Telemedicine communication
recognized completely by the
 Evidence-based medicine (EBM)  Electronic health records
 Epidemiological surveillance  event notification systems
 Geographic information systems  practice management software
There are many direct or indirect potential  digital image repositories and distribution
benefits of implementing the concept and services software and
of e-health. Three possible benefits can be 6. information technology (IT), such as
identified for the application of e-health services:  electronic reminders
 electronic clinical decision support aids and
1. Quantitative benefits
 electronic medication ordering systems.
 the perceived and calculated benefits
of the application of e-health such as Advantages of Medical Technology
financial economic benefits.
1. Communication Systems in Healthcare
2. Qualitative and non-direct benefits
Hospitals
 improving the efficiency and quality of 2. Technology Improving Healthcare in Hospitals
health services, reducing medical 3. Electronic Health Records of Patients in
errors, increasing the speed of Hospitals
response, speed of access to
information, sharing of access and use Disadvantages of Medical Technology
of information. 1. Increased Cost of the Treatment for the Patients
3. Strategic benefits 2. Show the Wrong Result of the Patients
 includes data collection and utilization Condition
in research and strategic planning 3. Lack of Information of the Patients
processes and identification of long- 4. Time-Consuming in Recovery
term needs. 5. Damaging Cells and Organs of the Body of
Common types of technology in healthcare the Patients
include: 6. Patients Online Treatment Through
Technology
1. common desktop applications, such as: 7. Automatic Machine Treatment
 email
 word processors DATA PROTECTION AND SECURITY
 spreadsheets and Security is an issue that we have been familiar
 Internet-based programs with for years but there are new issues to be dealt
2. medical devices and equipment, such as: with as a result of developments in technology and
 imaging technologies such as developments in the practice of health care.
 Positron Emission Tomography (PET),
1. DATA PRIVACY ACT OF 2012 (RA 10173
 Computerized Tomography (CT),
SERIES OF 2012)
 digital radiology and
 remote cameras  a comprehensive and strict privacy legislation
3. advanced surgical applications such as “to protect the fundamental human right of
 robotic surgery privacy, of communication while ensuring
 monitoring devices such as free flow of information to promote
 blood sugar and falls monitors innovation and growth”. It protects and
4. automated devices such as maintains the right of customers to
1. bed lifts and sterilization equipment confidentiality by setting a legal list of rules
2. implants, such as for companies to regulate the collection,
 pacemakers and prosthetic handling, and disposal of all personal
joints information.
5. medical system software applications, such as
 This Act applies to the processing of all types  These personal information must be
personal information and to any natural and safeguarded and protected against any
juridical person involved in personal accidental or unlawful destruction,
information processing including those alteration, disclosure and other unlawful
personal information controllers and processing.
processors who, although not found or
established in the Philippines, use equipment What is Consent?
that are located in the Philippines, or those Consent of the data subject refers to any freely
who maintain an office, branch or agency in given, specific, informed indication of will,
the Philippines. whereby the data subject agrees to the collection
 The processing of the personal information and processing of personal information about
shall be allowed, subject to compliance with and/or relating to him or her.
the requirements of this Act and other laws
allowing disclosure of information to the Consent shall be evidenced by written,
public and adherence to the principles of electronic or recorded means. It may also be given
transparency, legitimate purpose and on behalf of the data subject by an agent
proportionality. specifically authorized by the data subject to do so
 Personal information refers to any (Republic Act. No. 10173, Ch. 1, Sec. 1).
information whether recorded in a material What are the rights of the data subject?
form or not, from which the identity of an
individual The data subject or the individual sharing
his/her personal information has right to be fully
 Privileged information refers to any and
informed of several factors of the data collecting
all forms of data which under the Rules of
process. This list includes, but isn’t limited to:
Court and other pertinent laws constitute
privileged communication. 1. the purpose for use
 The processing of sensitive personal 2. scope and methods for access
information and privileged information 3. the recipients or classes of recipients to whom
shall be prohibited unless consent was they are or may be disclosed;
given. 4. the identity and contact details of the personal
 About an individual’s race, ethnic origin, information controller
marital status, age, color, and religious, 5. the period for which the information will be
philosophical or political affiliations; stored for
 About an individual’s health, education, 6. access to their rights
genetic or sexual life of a person, or to any
What is the penalty?
proceeding for any offense committed or
alleged to have been committed by such Violations include improper/unauthorized
person, the disposal of such proceedings, processing, handling or disposal of personal
or the sentence of any court in such information.
proceedings;
Violators can be penalized by imprisonment
 Issued by government agencies peculiar to up to six years and a fine of not less than Five
an individual which includes, but not hundred thousand pesos (PHP 500,000) but not
limited to, social security numbers, more than Five million pesos (Php5,000,000.00).
previous or current health records, licenses
or its denials, suspension or revocation, What should the management and health care
and tax returns; professionals need to take in compliance with
 Specifically established by an executive the Act?
order or an act of Congress to be kept Companies and healthcare professional must
classified. ensure that the methods of their data collection
and
processing regarding health information are  If in doubt ask for advice (if you can, use a
properly handled with confidentiality and the data data protection officer or a lawyer).
subjects must be well-aware of the process,
including a breach of security, should there be B. BENEFITS OF TECHNOLOGY IN
any. HEALTHCARE

A Data Protection Officer must be appointed  Reducing healthcare costs


to create privacy knowledge programs and privacy  Predicting epidemics
and data policies to regulate the handling of all  Avoiding preventable deaths
types of information and to regularly review the  Improving quality of life
quality of data protection.  Reducing healthcare waste
 Improving efficiency and quality of care
So what does this mean for Occupational
Safety and Health (OSH) professionals?  Developing new drugs and treatments

CHALLENGES OF TECHNOLOGY IN
 OSH professionals have the right to access
HEALTHCARE
their contracts or working agreement and
know the scope of their work in While the arguments for introducing new
occupational health and safety. technologies to improve patient safety are
 They must understand their confidentiality becoming increasingly compelling, there are a
and non-disclosure agreement to the number of obstacles and challenges to introducing
company that they are working. new technologies, particularly in the case of new
 All gadgets used in data collection and IT applications and systems.
processing must be taken care of including
1. Access to budget and capital resources to
laptops, mobile phones, tablets and
introduce major initiatives.
desktop computers. These gadgets should
2. Resistance from clinical staff to new
be password protected and encrypted.
technologies.
 Ensure that all the health records and
3. Lack of fit with workflow.
reports are confidential.
4. Lack of safety evidence.
 Be careful with paper medical records and
5. Lack of IT staff resources.
reports. These records must be properly
6. High turnover rate.
stored and must be accessed by authorized
7. Resistance from facility’s executive and
staff only.
organizational leadership.
 Ensure that your clinic computer or
laptops are locked when leaving the clinic Key Challenges for eHealth
so that trackers and reports would not be 1. Lack of adequate awareness of the value of
exposed. medical informatics and e-health in the
 Avoid posting patients or any activities development of health services.
inside your clinics or treatment rooms to 2. The absence of a clear vision among the health
any form of social media. institutions designated to provide health care
 Don’t use your own home laptops for any services.
personal/sensitive data. 3. Lack of interest in developing the basic
 Only record relevant information in your strategic plans appropriate to the situation of
health trackers and medical records. Data the medical institution. Some strategic plans
held must not be excessive. are not applicable because they are not
 Only use personal data for the purpose for appropriate and do not take into account the
which it was obtained. needs and qualifications of available
 Limit the recipients and information of resources.
your health reports
 Only access what you need to do your job.
4. Inability to bear the costs of developing the future will never be a
infrastructure and the application of e-health
services.
5. Lack of experience and lack of good and
qualified human capabilities in the field of
medical information.
6. Weak infrastructure, including the
rehabilitation of human cadres medical and
non-medical to deal with the concept of e-
health and the provision of services.
7. Absence or weakness of laws and legislations,
regarding the provision of e-health services.
8. Marginalizing the role of the private sector
and private medical institutions.
9. Poor level of cooperation and linkage between
different health sectors.
To overcome e-health challenges, apply the
following tips and techniques:

 Develop a clear vision for the Ministry


through a strategic plan based on data and
inclusive of all current and future needs and
take into account all local conditions and
factors.
 Focus on building qualified cadres and
rehabilitation of existing cadres to deal with
the concept of e-health and the provision of
services.
 Emphasis on the concept of electronic health
file.
 Provide full cooperation between all health
sectors and health care providers.
 Set up the standards, laws, and legislation
related to e-health and ethics of the profession
with emphasis on confidentiality and
preservation of patient information.
 Spread information awareness among all
sections of society, especially with regard to
medical informatics.
CURRENT TECHNOLOGY: ISSUES AND
DILEMMA
More and more the tendency is towards the
use of mechanical aids to diagnosis; nevertheless,
the five senses of the doctor do still, and must
always, play the preponderating part in the
examination of the sick patient. Careful
observation can never be replaced by the tests of
the laboratory. The good physician now or in the
diagnostic robot. (The surgeon Sir William ethical criteria, has emerged to orient
Arbuthnot Lane writing in the November 1936
issue of New Health) Human values should
govern research and practice in the health
professions. Health care informatics, like other
health professions, encompasses issues of
appropriate and inappropriate behavior, of
honorable and disreputable actions, and of right
and wrong. Students and practitioners of the
health sciences, including informatics, share an
important obligation to explore the moral
underpinnings and ethical challenges related to
their research and practice. Although ethical
questions in medicine, nursing, human subjects
research, psychology, social work, and affiliated
fields continue to evolve, the key issues are
generally well 379 380
K. W. Goodman and R. A. Miller known. Major
questions in bioethics have been addressed in
numerous professional, scholarly, and
educational contexts. Ethical matters in health
informatics are, in general, less familiar, even
though certain of them have received attention
for decades. Indeed, informatics now constitutes
a source of some of the most important and
interesting ethical debates in all the health
professions. People often assume that the
confidentiality of electronically stored patient
information is the primary source of ethical
attention in informatics. Although
confidentiality and privacy are indeed of vital
importance and significant concern, the field is
rich with other ethical issues, including the
appropriate selection and use of informatics
tools in clinical settings; the determination of
who should use such tools; the role of system
evaluation; the obligations of system
developers, maintainers, and vendors; and the
use of computers to track clinical outcomes to
guide future practice. In addition, informatics
engenders many important legal and regulatory
questions. To consider ethical issues in health
care informatics is to explore a significant
intersection among several professions—health
care delivery and administration, applied
computing, and ethics— each of which is a vast
field of inquiry. Fortunately, growing interest in
bioethics and computer-related ethics has
produced a starting point for such exploration.
An initial ensemble of guiding principles, or
decision making in health care informatics. These and assuring accurate information is in the medical
criteria are of practical utility to health informatics.
Insufficient clinical information transfer to the
opposite side, broken communication between
doctor and patient, inaccurate and unclear
reporting, security of personal health information
maintained in electronic form, the reliability and
risk of housing, How much the responsibility of
the physician during the consultation with the
patient will be, What will happen in the event of
consultant physician disagree with the patient's
physician, How to be and how to inform the
patient informed consent (Gülhan, Y., 2006,
p.138), the decrease in the control might be
caused a defect in informing patients, using
growing technology plays difficulties in
autonomy, in own specific cases these
technological developments might reasoning
errors, decreases the concept of trust between
doctor and patient (Do an, H., 2006, p.103),
During surgery applications who belong to the
legal responsibility (Gülhan, Y., 2006, p.138).
The unique relationship between doctors and
patients requires trust built by the ethical care of
patients and family. Technology in health care can
continue to move fast and break things, including
breaking the trust between patients, family, and
staff. A moral and ethical issue because it not only
affects quality of care, but it may even impact
patient safety. One of the tools for protecting the
doctor-patient relationship and the reputation of
the health care industry is the hospital clinical
ethics committee. Ethics committee members
work with patients, families, and hospital staff to
find ethical solutions to complex medical cases.
Most ethics cases deal with clinical questions but
don’t address largescale concerns about the effects
of technology on medical care and the hospital
culture.

There are a variety of ethical and legal issues


that arise with the growing use of health
information technology in clinical settings. While
privacy and confidentiality of information is an
important consideration in any electronic system,
some of the issues related to using these systems
to improve patient safety include changes to the
standard of care in regard to using electronic
rather than paper medical records, user training,
record and provided to users. There are other
unique issues involved with the use of clinical
decision support tools, exchange of health
information across institutions, and the
incorporation of genomic information into the
clinical record. Informed consent for exchange
of information as well as for the use of
specialized tools will also be important to
address. Health care information technology is
rapidly improving and momentum is building
for its expanded implementation. Strategies
need to be developed to maximize the benefits
of health information technology while
minimizing the risks of harm associated with its
implementation. The ethical issues raised in this
article need to be addressed if the enormous
potential of these systems to improve patient
safety and quality of care is to be realized.

Ethical issues are important to health


informatics. An initial ensemble of guiding
principles, or ethical criteria, has emerged to
orient decision making:

1. Specially trained humans remain, so far,


best able to provide health care for other
humans. Hence, computer software should
not be allowed to overrule a human
decision.
2. Practitioners who use informatics tools
should be clinically qualified and
adequately trained in using the software
products.
3. The tools themselves should be carefully
evaluated and validated.
4. Health informatics tools and applications
should be evaluated not only in terms of
performance, including efficacy, but also in
terms of their influences on institutions,
institutional cultures, and workplace social
forces.
5. Ethical obligations should extend to system
developers, maintainers, and supervisors as
well as to clinician users.
6. Education programs and security measures
should be considered essential for protecting
confidentiality and privacy while improving
appropriate access to personal patient
information.
Lesson 10
CONTINUING EDUCATION PROGRAMS ON ETHICO-MORAL PRACTICE IN NURSING

A. Lobbying / Advocating for Ethical Issues like awareness campaigns for diseases or health
related to Health Care issues relevant to their specialty. Advocacy can
Advocating for the health, safety and rights of also occur outside the organization, like speaking
on behalf of patients’ rights as consumers in light
patients at the bedside is discussed in Provision 3
of overall industry trends. Nurse advocates
of the Code of Ethics. Provisions 9.3 and 9.4
have many platforms from which to speak. Not
address advocacy outside work in terms of social
only can they advocate to decision-makers in
justice in nursing and health policy. Those
their organizations; they can also utilize forums
policies indicate that nurses have a duty to like social media or professional conferences to
promote open and honest communication that publicize issues and gain support.
advances the agenda for health.
Lobbying is defined as “to promote
Provision 9.4 reads, in part, “Nurses must (something, such as a project) or secure the
promote open and honest communication that passage of (legislation) by influencing
enables nurses to work in concert, share in public officials.
scholarship, and advance a nursing agenda for
 To lobby is to direct that effort at those in
health. Global health, as well as the common
positions of power, namely public officials,
good, are ideals that can be realized when all
politicians, governmental bodies and
nurses unite their efforts and energies”. Those regulatory agencies. For example, when the
issues can include topics such as climate change, Affordable Care Act was being crafted, nurses
pesticides in food, decreasing harmful emissions, and professional associations were key voices
preventing violence and building community in ensuring nurses had input on provisions and
immunity through wider coverage of vaccinations. were involved in the process of creating the
Advocacy can start small. The ANA encourages final legislation.
nurses to start within their local communities.  The means to the end of effecting that desired
change.
Advocacy means a coordinated combination of
problem identification, solution creation, strategy Nurse lobbyists can be differentiated
development and actions taken to make through their express intent to drive those
positive change. conversations toward a clear objective:
influencing public policy or the creation of
 the act or process of supporting a cause or legislation. Nurse lobbyists are active across local,
proposal. state and federal levels, and may work for all
 ex. To advocate is to bring up and publicize an kinds of organizations in health care, or interested
issue within a community, like making health in it. For instance, nurse lobbyists may be
care a part of the national discussion and a employed by:
focus in the media. • Health care organizations, including hospital
Nurses advocate for their patients, systems and independent practices
coworkers, employees and themselves. It’s • Pharmaceutical companies and insurance
common to encounter nurse advocacy throughout groups
the workplace, like appealing for improvements • Professional associations like the American
that increase the quality of care or advocating for Nurses Association or the American
the adoption of technology to better serve patients. College of Nurse-Midwives
• Groups that focus on advancing public health
Nurse leaders and nurse executives have an
or patient rights
essential duty to advocate for their nurses and
• Health care technology firms developing
patients, conveying concerns or communicating
telehealth solutions or implantable devices
staffing needs. Nurses may also champion causes,
• Governmental bodies like the Department of
Veterans Affairs or nurse unions
professional behavior.

Professional nurse lobbyists are the


conduit for advocacy campaigns to reach those in
positions of power. The nurse lobbyist is the
person who can directly lay out concerns or
opportunities and work with the politician’s office
to ensure those sentiments are addressed in
legislation. Interprofessional communication is
key, such as that between nurse lobbyists and
politicians, or between nurse leaders and other
patient-safety stakeholders.
Advocates and lobbyists must collaborate
and work on shared missions.
B. Code of Ethics for Nurses
History of ANA (AMERICAN NURSES
ASSOCIATION)’s Code of Ethics
The need for ethical guidance for
healthcare providers was one factor that led to
ANA being created in the late 1880s. The first
version of the code was adopted in 1950, and the
most recent update was published in 2015. The
code is continually updated to address
changes in
the art, science, and practice of nursing and as
awareness grows of the link between global
health and social, political, and cultural equality.
Definition
- a formal statement of group’s ideals and
values.
- a set of ethical principles that reflects the
group’s moral judgements over time and
serves as a standard for their professional
actions.
- - serves as a guide for nurses to practice with
competence and integrity. People’s own set of
ethics and morals influence their actions and
decision-making, as well as how they perceive
the consequences of those actions. In
healthcare, ethics allow nurses and other
professionals to identify moral dilemmas and
apply good judgment to their decisions.
Functions
• To inform the public about the minimum
standards of the profession and to help them
understand professional nursing conduct.
• To provide a sign of the profession’s
commitment to the public it serves.
• To provide general guidelines for the
• To remind nurses of the special
responsibility they assume when caring for
the sick.
The code’s NINE PROVISIONS guide
nurses to act ethically in their daily duties and
responsibilities. The provisions are based on the
four main principles of nursing ethics—
nonmaleficence, beneficence, autonomy, and
justice.
The Principles of the Code
The nine provisions of the American
Nurses Association’s Code of Ethics can guide
nurses to deliver care in a manner by integrity
and moral principles. These provisions are
commonly divided into three distinct parts:

Overview of the ANA Code of Ethics


ANA describes the nursing code of ethics
as “non-negotiable in any setting.” The code
serves as the foundation for “nursing theory,
practice, and
praxis” in expressing the “values, virtues, and 7. Healthcare Advancement
obligations that shape, guide, and inform nursing
as a profession.” In all the roles they play, nurses are charged
with advancing the profession through research,
1. Compassion development of professional standards, and
Nurses recognize the dignity, worth, and creation of nursing and health policy. They must
uniqueness of all people. They understand that ensure that professional practice standards evolve
the right to healthcare applies to everyone, and as new healthcare approaches are developed.
they respect at all times their patients, co- 8. Human Rights
workers, and everyone else they interact with.
In collaboration with other healthcare
2. Commitment professionals, nurses protect human rights, foster
Nurses’ primary commitment is to their health diplomacy, and address healthcare
patients. They have a duty to recognize and inequities. As part of this process, nurses are
address potential conflicts of interest that may obliged to commit to constant learning and
jeopardize their commitment to their patients. This preparation to respond appropriately to novel and
commitment extends to individuals, families, unusual situations.
groups, and communities. 9. Social Justice
3. Advocacy Social justice principles must be integrated
Nurses promote and protect patients’ rights, into a nurse’s practice and advocacy for equitable
health, and safety by understanding privacy healthcare policies. By taking part in
guidelines, consent, and the need for full organizations and committees that acknowledge
disclosure and honesty when dealing with and address ethics issues, nurses strengthen their
patients. voices in calling for social justice.
Misconduct or other threats to patients’ well-being A Nurse’s Core Values and Commitments
must be reported in a timely manner.
ANA describes the nursing code of ethics as
4. Responsibility “self-reflective, enduring, and distinctive.”
Nurses are accountable for the care they • It restates the nursing profession’s
provide their patients. They must ensure that their fundamental values and commitments.
care aligns with professional guidelines, ethical • It identifies the boundaries of duties and
concerns, and patients’ rights. loyalty.
5. Self-Regard • It explains how nurses’ roles extend beyond
individual patient interactions.
Nurses must apply the same care standards  It addresses the many relationships nurses
their patients receive to self-care. Their have with other healthcare professionals,
responsibility to promote health and safety patients’ families, and the public.
extends beyond the workplace to their homes and  It makes nurses more aware of the
other settings. They have a duty to sociopolitical, economic, and environmental
improve and adapt to maintain competence and context of their profession.
grow in their profession.
INTERNATIONAL CODE OF ETHICS
6. Safety
 first adopted by the International Council of
Nurses have a duty to maintain a safe work Nurses (ICN) in 1953. It has been revised and
environment that promotes quality care to all reaffirmed at various times since, most
patients. Institutions are responsible for outlining recently with this review and revision
safety standards and enforcing ethical obligations completed in 2012.
of care to ensure optimal patient outcomes.
 a guide for action based on social values and • The nurse shares with society the
needs. It will have meaning only as a living responsibility for initiating and supporting
document if applied to the realities of nursing action to meet the health and social needs of
and health care in a changing society. the public, in particular those of vulnerable
PREAMBLE populations.
• The nurse advocates for equity and social
1. Nurses have four fundamental responsibilities: justice in resource allocation, access to health
to promote health, to prevent illness, to care and other social and economic services.
restore health and to alleviate suffering. The • The nurse demonstrates professional values
need for nursing is universal. such as respectfulness, responsiveness,
2. Inherent in nursing is a respect for human compassion, trustworthiness and integrity.
rights, including cultural rights, the right to 2. Registered Nurses and Practice
life and choice, to dignity and to be treated • The nurse carries personal responsibility and
with respect. Nursing care is respectful of accountability for nursing practice, and for
and unrestricted by considerations of age, maintaining competence by continual learning.
color, creed, culture, disability or illness, • The nurse maintains a standard of personal
gender, sexual orientation, nationality, health such that the ability to provide care is
politics, race or social status. not compromised.
3. Nurses render health services to the individual, • The nurse uses judgement regarding
the family and the community and coordinate individual competence when accepting and
their services with those of related groups. delegating responsibility.
Four Basic Ethical Principles: • The nurse at all times maintains standards of
personal conduct which reflect well on the
1. Fundamental responsibility of the nurse is four profession and enhance its image and public
fold. confidence.
2. Nurse renders service regardless of race, • The nurse, in providing care, ensures that use
creed, nationality or political belief. of technology and scientific advances are
3. Nurse protects life and respects the dignity of compatible with the safety, dignity and rights
man. of people. The nurse strives to foster and
4. Nurse works in collaboration with members of maintain a practice culture promoting ethical
the health team. behavior and open dialogue.
ELEMENTS OF THE CODE 3. Registered Nurses and Co-workers
• The nurse sustains a collaborative and
1. Registered Nurses and People respectful relationship with co-workers in
• The nurse’s primary professional nursing and other fields.
responsibility is to people requiring nursing • The nurse takes appropriate action to
care. safeguard individuals, families and
• In providing care, the nurse promotes an communities when their health is endangered
environment in which the human rights, by a co-worker or any other person.
values, customs and spiritual beliefs of the • The nurse takes appropriate action to support
individual, family and community are and guide co-workers to advance ethical
respected. conduct.
• The nurse ensures that the individual receives 4. Registered Nurses, Society, and
accurate, sufficient and timely information in Environment
a culturally appropriate manner on which to • The preservation of life, respect for human
base consent for care and related treatment. rights, and promotion of healthy environment
• The nurse holds in confidence personal shall be a commitment of a RN.
information and uses judgement in sharing this • The establishment of linkages with the public
information. in promoting local, national, and international
efforts to meet health and social needs of the  adopted by the Professional Regulation
people as a contributing member of society is Commission on July 23, 2003 and the 42
a noble concern of a RN Professional Regulatory Boards to cover
5. Registered Nurses and the Profession an environment of good governance in
• The nurse assumes the major role in which all Filipino professionals shall
determining and implementing acceptable perform their duties.
standards of clinical nursing practice,  After consultation on October 23, 2003 at
management, research and education. Iloilo City with the accredited professional
• The nurse is active in developing a core of organization of registered nurses, the code
research-based professional knowledge that was adopted under the Republic Act 9173
supports evidence-based practice. and promulgated by the Board of Nursing
• The nurse is active in developing and under Resolution No. 220 Series of 2004
sustaining a core of professional values. last July 14, 2004.
• The nurse, acting through the professional States that:
organization, participates in creating a positive  The hallmark of all professionals is their
practice environment and maintaining safe, willingness to accept a set of professional
equitable social and economic working and ethical principles which they follow in
conditions in nursing. the conduct of their daily lives.
• The nurse practices to sustain and protect the
 The acceptance of these principles requires
natural environment and is aware of its
the maintenance of a standard of conduct
consequences on health.
higher than what is required by law.
• The nurse contributes to an ethical
organizational environment and challenges General Principles of Good Governance:
unethical practices and settings.
1. Service to others
CODE OF ETHICS FOR FILIPINO NURSES o implies commitment to a life of
sacrifice and genuine selflessness.
 used by Filipino nurses prior to 1984, was 2. Integrity and Objectivity
the code promulgated by the International o refraining from engaging in any
Council for Nurses. In 1982, the PNA
activities that would prejudice their
Special Committee developed a Code of abilities to ethically carry out their
Ethics for Filipino Nurses, but was not duties nor make any representations
implemented. It was approved in 1989, by that would likely cause a reasonable
the Professional Regulation Commission person to misunderstand and be
and was recommended for use. This was deceived.
approved In October 25, 1990 by the 3. Professional Competence
general assembly of the PNA . o keeping up with new knowledge and
 strongly emphasizes the fourfold techniques in their field and upgrade
responsibility of the nurse, the universality their level of competence, taking part
of nursing practice, the scope of their in a lifelong continuing education
responsibilities to the people they serve, to program.
their co-workers, to society and 4. Solidarity and Teamwork
environment, and to their profession. o each professional shall maintain and
CODE OF GOOD GOVERNANCE support one professional organization.
5. Social and Civic Responsibility
 sets out the principles and key elements of o carrying out one’s professional duties
good governance for the boards of with due consideration of the broader
voluntary and community organizations. interest of the public and serve them
with professional concern.
6. Global Competitiveness
▪ Individual freedom to make
o shall remain open to the challenges of
decisions.
a more dynamic and interconnected
world, rise up to global standards and ▪ Personal information acquired must
maintain professional practices fully be held in confidence.
assigned with global best practices.  Guidelines to be Observed:
7. Equality of all professions ▪ Individuality and totality of patients
o treating colleagues with respect and ▪ Respect
striving to be fair in dealings with one
▪ Uphold the rights of the individuals
another.
▪ Take into consideration culture and
Preamble values in the event of conflict,
1. Health is a fundamental right. The Filipino welfare and safety take precedence.
RN, believing in the worth and dignity of  Nurses should not accept tips or expensive
each human being, recognizes gifts that may induce them to give more
the primary responsibility to preserve care to favored clients and neglect those
health at all cost. This responsibility who cannot give.
encompasses promotion of health,  The nurse can plan with the client and
prevention of illness, alleviation of suffering, family a specific nursing care of the client
and restoration of health. However, when the according to his needs or the needs of his
foregoing are not possible, assistance towards family.
a peaceful death shall be his/her obligation.  A nurse is expected to be more
2. To assume this responsibility, RNs have to compassionate to the client than the
gain knowledge and understanding of man’s doctor.
cultural, social, spiritual, psychological, and  Responsible to give facts or information to
ecological aspects of illness, utilizing the the client and his family which they are
therapeutic process. Cultural diversity and entitled to know.
political and socio-economic status are  Should guard as a sacred trust, any
inherent factors to effective nursing care. confidential or private information about
3. The desire for the respect and confidence of the client. The privacy of communication
clientele, colleagues, coworkers, and the and correspondence shall be inviolable
members of the community provides the except upon lawful order of the court or
incentive to attain and maintain the highest when the public safety and order require
possible degree of ethical conduct. otherwise.
▪ TARASOFF CASE: Prosinjit
The Code of Ethics for Filipino Nurses Podder, an Indian graduate student
embodies ethical principles and guidelines to studying at Berkeley, begins to date
be observed. Tatiana Tarasoff. They kiss. He
The ethical principles are stated below. feels that she is his. He gets upset
1. Responsibilities of Nurses to their Clients when she expresses interest in
 Primary responsibility: give the client other men. He goes to counseling at
the kind of care his/her condition needs the University Health Service. He
regardless of his/her race, creed, color, tells the psychologist Dr. Moore,
nationality or status. that he wants to get a gun and shoot
 Ethical Principles: Tarasoff. Dr. Moore sends letter to
▪ Values, customs and spiritual campus police, they investigate
beliefs shall be respected. Podder, they think he is not a
danger, tell him to avoid Tatiana.
When Tatiana returns from Brazil
at
the end of summer, Podder stalks Responsibilities of Nurses to Society and
and stabbed her to death. Environment
Responsibilities of Nurses to their Practice  Ethical Principles:
 Ethical Principles:
▪ Preservation of life, respect for human
▪ Human life is inviolable. rights and promotion of a healthy
▪ Quality and excellence in the care of environment.
patients. ▪ Establishment of linkages.
▪ Accurate documentation – nursing  Guidelines to be Observed:
accountability ▪ Be conscious of obligations as citizens.
▪ Optimum standard of safe nursing ▪ Equipped with knowledge of health
practice resources within the community.
▪ Be morally and legally responsible. ▪ Actively participate in programs,
▪ Patient’s record is considered to be projects and activities.
confidential. ▪ Right conduct and proper decorum.
 Guidelines to be Observed:
▪ Project image that will uplift nursing
▪ Know the definition and scope of profession.
nursing practice. Responsibilities of Nurses to the Profession
▪ Be aware of duties and responsibilities.  Ethical Principles:
▪ Acquire and develop competence in ▪ Maintain loyalty.
knowledge, skills and attitude. ▪ Compliance with by laws of accredited
professional organizations.
Responsibilities of Nurses to other Colleagues
▪ Commitment to continual learning.
 Ethical Principles:
▪ Contribute to the improvement of the
▪ Work in solidarity with other members
socio-economic conditions and welfare
of the healthcare team.
of nurses.
▪ Maintains collegial and collaborative  Guidelines to be Observed:
working relationships.
▪ Be members of Accredited
 Guidelines to be Observed:
Professional Organizations – PNA
▪ Maintain professional identity.
▪ Strictly adhere to nursing standards.
▪ Conform with group activities.
▪ Strive to secure equitable working
▪ Contribute to professional growth. conditions through appropriate
▪ Actively participate in professional legislation and other means.
organizations. ▪ Assert for the implementation of labor
▪ Respect rights of co-workers. and work standards.
 Nurses shall adjust themselves to the Responsibilities of Nurses to themselves
organization and know its policies and  A nurse should be zealous in her professional
procedures. growth by keeping abreast with the latest
 They shall establish good working trends in nursing science.
relationships with co-workers.  A nurse must not perform any act or
 If one has grievance, this should be brought to transaction that may discredit himself or
the attention of the proper authority rather than herself or the profession and to bring to the
talk about it with others who may not be able attention of proper authorities an unethical
to help. conduct of any registered nurse.

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