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.