Various Ways of Understanding and Examining The Moral Life

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ETHICAL ASPECTS OF NURSING INFORMATICS POTENTIAL OR THREATS

 Interaction, monitoring and communication


using healthcare technology
UNDERSTANDING ETHICS  Wearable technologies and mobile devices
 Ethics is a process of systematically examining  Health and social media
varying viewpoint related to moral questions of right
and wrong ETHICAL ISSUES

1. Beauchamp and Childress (1994) 1. Privacy and Confidentiality


 Various ways of understanding and examining  One of the most important ethical issues in
the moral life nursing informatics is the need to protect
 Ethical approaches may be: patient privacy and confidentiality
a) Normative (presenting standards of right  Nurses have access to a wide range of patient
or good action) data, including personal and sensitive
b) Descriptive (reporting what people believe information
and how they act)  Access must be restricted to authorized
c) Explorative (analyzing the concepts and personnel and that it is kept confidential
methods of ethics) PRIVACY CONFIDENTIALITY
- An individual’s right to - obligation of healthcare
2. Husted and Husted (1995) keep their personal providers to protect the
 Practice-based information and healthcare privacy of their patients’
 Examination of ways a person can exercise data confidential information
power to bring about human benefit in ways - In patient’s care = - In patient’s care =
one can act to bring about the condition of respecting patient’s protection of patient
happiness human dignity information

3. Velasquez, Andre, Shanks, and Myer (1987) 2. Informed Consent


 “well-based standards of right and wrong  Nurses have a responsibility to ensure that
that prescribe what humans ought to do, patients are fully informed about the use of
usually in terms of rights, obligations, benefits their data and that they have given informed
to society, fairness, or specific virtues” consent
 Refers to the study of development of one’s  Patients have the right to know how their data is
ethical standards being used, who has access to it, and how it is
being protected
Common Characteristics:
- dialectical and goal-oriented approach to answering 3. Data Integrity and Accuracy
questions that have the potential for multiple acceptable  Patient data must be accurate and complete
answers  Inaccurate or incomplete data can lead to error
in patient care and can compromise patient
BIOETHICS safety
 Study and formulation of healthcare ethics
 Taken on relevant ethical problems 4. Profession Standards and Conduct
experienced by healthcare providers in the  Ethical and legal standards must be upheld
provision of care to individuals and groups
 Emerged in 1970s as healthcare shifted focus 5. Inter-professional collaboration
from mechanistic to holistic approach  Ethical standards must be upheld when
(recognition and acknowledgement of rights) collaborating with other healthcare
professionals to protect patient privacy and
FUNDAMENTAL BACKGROUND (HUSTED, 1995) confidentiality
1. The nature and needs of human as living,
thinking beings 6. Patient Safety and Quality of Care
2. The purpose and function of the healthcare  Promote patient safety and autonomy while
system in a human society adhering to the due standards of care
3. An increased cultural awareness of human
beings’ essential moral status
ETHICAL DILEMMAS AND MORALS 3. Beneficence
1. Ethical Dilemmas  Actions performed that
 Arises when moral issues raise questions that contribute to the welfare of
cannot be answered with a simple, clearly others
defined rule, fact or authoritative view  Must not be unjust or cause
harm to others
2. Morals 4. Justice
 Social convention about right and wrong human  Fair, equitable, and appropriate
conduct that is widely shared treatment

3. Moral Dilemmas RULES FOR GUIDING ACTIONS (PRINCIPALISM)


 Arise with uncertainty 1. Substantiative
 Occurs when a person is confronted with  Veracity
contradicting evidence as to whether an action  Confidentiality
is morally right or wrong  Privacy
 Fidelity
4. Uncertainty
 A stressful event that arises form inconclusive 2. Authority
evidence on both sides of the dilemma and  Indicates who may or should perform
arises from unanticipated effects or procedures
unforeseeable behavioral responses to actions  Respondeat superior
or the lack action
3. Procedural
ETHICAL DECISION MAKING  Procedures to be followed
 Process of making informed choices about
ethical dilemmas based on a set of standards THEORETICAL APPROACHES
differentiating right from wrong  Casuist Approach
 Reflects an understanding of the principles,  Case-based ethical reasoning that analyzes the
standards, and philosophical approaches of facts of a case in a sound, logical, and ordered
ethical decision making or structured manner
 Requires a systematic framework and flexibility  Facts are compared to decisions arising out of
 Values clarification consensus in previous paradigmatic or model
 Guiding principles cases
 Theoretical approaches
 Model for Ethical Decision-Making  Husted Bioethical Decision-Making Model
 Four Guiding Ethical Principles (Beauchamp  Centers on the healthcare professional’s implicit
and Childress, 1994) agreement with the patient or client
1. Respect for autonomy  Based on six contemporary bioethical standards:
 Individual’s freedom from 1. Autonomy
controlling interferences by 2. Freedom
others and from personal 3. Veracity
limitations that prevent 4. Privacy
meaningful choices 5. Beneficence
 2 Elements: 6. Fidelity
 Liberty
 Individual’s capacity for  Virtue Ethics
intentional action  Emphasizes the virtuous character of individuals
2. Nonmaleficence who make the choices
 Obligation not to inflict harm  The cause of any moral weakness is not a
intentionally matter of character flaws but rather a matter of
 Negligence - departure from the ignorance
standard due of care towards  Plato emphasized that to lead a moral life and
others not succumb to immediate pleasures and
 If there is the risk to safety gratification, one must have a moral vision
 4 Cardinal Virtues
1. Wisdom 3. Hypothesize ethical arguments
2. Courage  Determine which of the approaches to apply
3. Self-Control  Identify moral principles
4. Justice  Ascertain whether approaches generate
converging or diverging conclusions about
 Care Ethics what ought to be done
 Responsiveness to the needs of others that
dictates providing care, preventing harm, and 4. Investigate, compare, evaluate each alternative
maintaining relationships  Is there ambiguous information that must be
 Less stringently guided by rules, but rather evaluated?
focus on the needs of others and the  Rate the ethical reasoning and arguments for
individual’s responsibility to meet those needs each alternative in terms of their relative
 (Benjamin and Curtis, 1992) “critical reflection significance (4=extreme significance; 1=minor
and inquiry in ethics involves the complex significance)
interplay of a variety of human faculties,  Compare, contrast and reflect alternatives
ranging from empathy and moral imagination  Refer to professional codes of ethical conduct
on the one hand to analytic precision and
careful reasoning on the other 5. Choose alternative you recommend
 Make a decision about the best alternative
APPLYING ETHICS TO INFORMATICS available
 The goal of any ethical system should be that a  Golden rule: Does your decision treat others
rational, justifiable decision is reached as you would want to be treated?
 The information concerning an ethical dilemma  Does your decision take into account and reflect
must be viewed in the context of the dilemma an interest in the concerns and welfare of all
to be useful the key players?
 To make ethical decisions about informatics  Become your own critic
technologies and patients’ intimate healthcare
data and information, the healthcare provider 6. Act on chosen alternative
must be competent in informatics  Formulate an implementation plan and
implement
THE ETHICAL MODEL  The plan should maximize benefits, minimize
1. Examine the ethical dilemma (conflicting values) risks and take into account all resources
 Use problem-solving, decision making, and necessary
critical thinking sills
 What is the dilemma? 7. Look at ethical dilemma and examine outcomes
 What needs to be decided?  Monitor, evaluate, revise as necessary
 Who should be involved?
 Who are the interested players or stakeholders?
 How can you generate the greatest good?

2. Thoroughly comprehend possible alternatives


 create a list of the possible alternatives and
predict associated consequences of each
 Ask the following:
- Do any of the principles or rules automatically
nullify this alternative?
- if this alternative is chosen, what are the best
and worst-case scenarios?
- do the best case outcomes outweigh the
worst case outcomes?
- could you live with the worst-case scenario>
- Will anyone be harmed?
- does the benefit overcome the risk of
potential harm that it could case to anyone?
entities or clients for the creation, maintenance,
access, or exchange of health information
LEGAL ASPECTS OF NURSING INFORMATICS
 Qualified EHR
HITECH ACT (Health Information Technology For - contains a patient’s demographic and clinical
Economic And Clinical Health Act) information, including medical history and list of
 Development, adoption and implementation health problems, and is capable of providing
of HIT policies and standards and provides support for clinical decision and entry of physician
privacy and security protections for the orders
client
 Enacted due to less than 8% of US hospitals PURPOSE
used a basic EHR system in at least one of 1. Improve healthcare quality by enhancing
their clinical units coordination of services between and among the
 Less than 2% of US hospitals had an EHR various HCPs a patient may have, fostering more
system in all of their clinical settings appropriate healthcare decisions at the time and place
 Health Information Technology (HIT) fo delivery of services and preventing medical errors
 Industry is an opportunity by the 2. Reduce the cost of health care by addressing
lawmakers to stimulate economy and inefficiencies, such as duplication of services within the
improve the delivery of healthcare healthcare delivery system, and by reducing the number
of medical errors.
GOAL 3. Improve people’s health by promoting prevention,
 HITECH Act seeks to change the situation by early detection and management of chronic
providing each person in the US an EHR diseases.
 Access to the person’s EHR will readily be available 4. Protect public health by fostering early detection
to every healthcare provider who treats the client no and rapid response to infectious diseases,
matter where bioterrorism, and improve healthcare quality by
enhancing coordination of services between and among
DEFINITIONS (under the stipulations of the HIPAA Act) the various healthcare providers a patient may have,
 Certified EHR Technology fostering more appropriate healthcare decisions at the
- An EHR that meets specific government time and place of delivery of services and preventing
standards for the type of record involved whether: medical errors.
 Ambulatory EHR by office-based 5. Improve people’s health by promoting prevention,
practitioners early detection and management of chronic diseases.
 Inpatient EHR used by hospitals 6. Protect public health by fostering early detection
and rapid response to infectious diseases,
 Enterprise Integration bioterrorism, and other situations that could have
- electronic linkages of healthcare providers, health widespread impact on the health status of many
plans, the government and other interested parties individuals.
- enables electronic exchange and use of health 7. Facilitate clinical research
information among all the component in the 8. Reduce health disparities
healthcare infrastructure 9. Better secure patient health information.
10. End other situations that could have widespread
 Healthcare Provider impact on the health status of many individuals.
- hospitals, skilled nursing facilities, nursing homes, 11. Better secure patient health information.
long-term care facility, home health agencies,
pharmacies and pharmacists, physicians & HIPAA Act (Health Insurance Portability and
therapists, hemodialysis centers, clinics, community Accountability Act)
health centers 1. Define protected health information as “Information
relating to one’s physical and mental health, the
 Health information technology provision of one’s healthcare, or the payment for the
- hardware, software, integrated technology or health care, that has been maintained or
related licenses, intellectual property, upgrades, or transmitted.”
packaged solutions sold as services that are 2. Propose that authorization by patients for release of
designed for or support the use of healthcare information is not necessary when the release of
information is directly related to treatment and
payment for treatment.
3. Specific authorization is not required for research,
medical and police emergencies, legal proceedings,
and collection of data for public information
pertinent to the issue at hand. = All release must be
properly documented.
4. Establish ownership of healthcare record and allow
for patient-initiated corrections and amendments.
5. Mandate administrative requirements for the
protection of health information= All healthcare
organizations are required to have:
 a privacy official and
 an office to receive privacy violation complaints
 a specific training program for employees that
include a certification of completion
 a signed statement by all employees that they
will uphold privacy procedures must be
developed.
 all employees must re-sign the agreement to
uphold privacy every 3 years.
 sanctions must be clearly defined and applied.
6. Mandate that all outside entities that conduct
7. Allow protected health information to be released
without authorization for research studies. Patients may
not access their information in blinded research as it can
influence the study’s reliability.
8. Propose that protected health information may be
deidentified before release in such manner that the
identity of the patient is protected. = deidentitification
may be done through coding
9. Applies only to health information maintained or
transmitted by electronic means.

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