Introduction On January 29th, I made a mistake and recorded myself in my clinical setting. At the time, I was an excited student, happy to be there, with the purest intentions of documenting my experience. I truly had no direct intentions of violating confidentiality guidelines, let alone, committing academic misconduct that would put the relationship between Brock University and Niagara Health at stake. In accordance with the First Hearing Letter sent from Karyn Taplay, this essay will outline PHIPA (Personal Health Information Protection Act) – what it is, history of the act, the Information and Privacy Commissioner of Ontario – who oversees PHIPA, the CNO’s Confidentiality and Privacy guidelines, Levels 1-4 from the Brock-Loyalist Student …show more content…
I would like to start with the guidelines listed on page 23. Nursing students under this program are expected to provide safe, competent client care, respect others who are actively teaching them in a classroom or clinical setting, and immediately report an incident to their clinical instructor or preceptor if they notice another person not providing safe, competent care towards a client (Brock University, 2023). One area of this handbook that was relevant to this case was on Unprofessional Conduct on page 25 (2023). This area of the handbook discusses unprofessional conduct, covering academic and non-academic misconduct, indicating that it holds an impeccable role in the nursing policies. Unprofessional conduct includes theft, dishonesty, breach of confidentiality, incivility, incompetence, illegal or unprofessional conduct, unethical behaviours, disrespectful behaviours, as well as misrepresentation (Brock University, 2023). The penalties regarding unprofessional conduct were stated to either be a dismissal from the program, or a suspension if the chair notices that there are grounds in the case where the student’s actions may have greatly affected other peers, clients, or staff within the program (2023). Another heading under the Student Handbook that is relevant to this case is Professional Behaviour. This area of the handbook discusses that it is the student’s responsibility to read the university’s academic and non-academic misconduct under the department’s professional code of conduct. It is stated that professional behaviours should be maintained throughout clinicals, post conference, orientation, and clinical assignments (Brock University, 2023). This area of the handbook also states that electronic device
I agree with you that the nurses violated provision 9 of the nursing code of ethics. Nurses have an obligation to themselves, their whole team and to the patients to express their values. Communication is key in a hospital, so everyone knows what is correct and what isn’t within the workplace. In order to have a productive, ethical, positive environment. These values that should be promoted affect everyone in the hospital, especially the patients, and can have a negative outcome if those values are not lived out. Nurses have to frequently communicate and reaffirm the values they are supposed follow frequently so when a difficult situation comes along that may challenge their beliefs they will remain strong and their values will not falter.
Section 5.4, which is the preservation of integrity, suggests that nurses will inevitably have to deal with threats to their moral or professional integrity at some point in their careers. Nurses should do their best to maintain professional integrity when met with adversity, weather it be from uncooperative issuance companies, an unsound work environment, or from the patients themselves. When working in an unsound or unsafe work environment that violates law or the ANA code of ethics nurses must go through the proper channels to fix the problem. If a nurse feels that a procedure or treatment their patient is having conflicts with his or her own moral integrity and they cannot participate, the nurse must report they unwilling to tr...
“The Health Insurance Portability and Accountability Act (HIPAA) of 1996 made it illegal to gain access to personal medical information for any reasons other than health care delivery, operations, and reimbursements” (Shi & Singh, 2008, p. 166). “HIPAA legislation mandated strict controls on the transfer of personally identifiable health data between two entities, provisions for disclosure of protected information, and criminal penalties for violation” (Clayton 2001). “HIPAA also has privacy requirements that govern disclosure of patient protected health information (PHI) placed in the medical record by physicians, nurses, and other health care providers” (Buck, 2011). Always remember conversations about a patient’s health care or treatment is a violation of HIPAA. “All PHI is included in the privacy requirements for example: the patient’s past, present or future physical or mental health or condition; the provision of health care to the individual, or the past, present, or future payment for the provision of health care to the individual, and that identifies the individual or for which there is a reasonable basis to believe it can be used to identify the individual” (Buck, 2011). Other identifiable health information would be the patient’s name, address, birth date and Social Security Number (Keomouangchanh, 2011). (Word count 197)
The guidance explains and clarifies key provisions of the medical privacy regulation, which was published last December (HIPAA, 1996). Guaranteeing the accuracy, security, and protection of the privacy of all medical information is crucial and an ongoing challenge for many organizations. References American Medical Association (2005). Retrieved December 7, 2008, from http://www.ad http://www.ama-assn.org/.
This case study examines a case of an LPN who became ill while about halfway through her shift and chose to go home. This LPN was assigned to care for five patients in an obstetrical ward, four of which were considered stable. The fifth patient was awaiting an obstetrical consultation when the LPN became ill and vomited. At this time, she notified the other nurses and, subsequently, the charge nurse that she needed to leave due to illness. The charge nurse instructed her to notify her supervisor prior to leaving the facility; however, the LPN chose not to do so and went home. Her reasoning in not notifying her supervisor as she was instructed was that she feared that the supervisor would ask her to go to the emergency room for care. The LPN testified that she did not want to pay for an emergency visit and that she intended to make an appointment with her family doctor early that same day. The facility terminated the LPN’s contract and also reported her to the state board of nursing for patient abandonment. As a judgment, the board of nursing suspended here nursing license pending a psychological examination and fined her $1000 for abandoning her patients. In this paper, we will examine the viewpoints of the LPN, the charge nurse, and the nursing supervisor as they relate to the Nurse Practice Act and the board of nursing.
Provision 3.1 of the ANA’s Code of Ethics states that the nurse will promote, advocate, and protect patients’ privacy and confidentiality (American Nurses Association, 2012). The protection of our patients’ privacy is fundamental. The ANA Code of Ethics is not a suggestion; it is a mandate to all nurses. The code calls for nurses to act when the rights of the patient or the nurse are violated through the actions of others (Edmonson, 2010). Even under FERPA guidelines, it is difficult to make an argument for the release of the student’s personal information in the manner of the large staff
Disclosing confidential patient information without patient consent can happen in the health care field quite often and is the basis for many cases brought against health care facilities. There are many ways confidential information gets into the wrong hands and this paper explores some of those ways and how that can be prevented.
When the practices in the healthcare delivery system or organization threaten the welfare of the patient, nurses should express their concern to the responsible manager or administrator, or if indicated, to an appropriate higher authority within the institution or agency or to an appropriate external authority” (3.5 protection of patient health and safety by acting on questionable practice, ANA, 2015). The example of the practice is a patient discharge from the rehab facility to the Personal care unit with pending PT/INR results, which turned out to be critical. The admitting nurse demonstrated moral courage by questioning physician who wrote discharge orders and the nurse who completed discharge. Rehab physician refused to address lab results and referred the patient to the PCP. Admitting nurse raised a concern to administration to review discharge protocol and deviation from safe practice. Nurse acted on behalf of the patient and requested readmission to rehab based on patient’s unstable medical
According to the American Nurses Association (ANA), (2010) “the nurse promotes, advocates for and strives to protect the health, safety and rights of the patient” (p. 6). Nursing responsibilities should be acted upon at the highest standard and must be based on legal and ethical obligations. Healthcare provider’s perception and judgment of the patient’s well being, as well as taking into account the rights of the patient in every action, is one of the key elements in nursing practice. International Council of Nurses (ICN) (2006) states “The nurse at all times maintains standards of personal conduct which reflect well on the profession and enhance public confidence” (p. 3).
Unprofessional Conduct according to the Arkansas State Board of Nursing is detailed in ASBN Rules and Regulations, Chapter 7, Section XV, #6. The section states the following conduct are considered unprofessional. Failing to assess, evaluate, and intervene, Incorrect documentation, Missappropriation of residents property, Medication and Treatment errors, Performing or attempting to perform procedures that the nurse is untrained to do, Violating confidentiality. Neglect/Abuse or failure to report these incidents, Failing to report violations or attempted violations to the ASBN, Inappropriate delegation of duties, Failing to supervise, Practicing when unfit.
College of Nurses of Ontario,(2009).Practice Guidelines: Confidentiality and privacy-Personal Health Information. Retrieved April 3, 2014 from http://www.cno.org/Global/docs/prac/41069_privacy.pdf
NSNA (2003). Code of ethics for nursing students Part I: Code of professional conduct. Retrieved June26, 2011, from: http//www.nsnsa.orgpdf/pubs_CodeofProfessionalConduct.pdf
Patient confidentiality is one of the foundations to the medical practice. Patients arrive at hospitals seeking treatment believing that all personal information will remain between themselves and the medical staff. In order to assure patients privacy, confidentiality policies were established. However, a confidentiality policy may be broken only in the case the medical staff believes that the patient is a danger to themselves or to others in society. Thesis Statement: The ethics underlying patient confidentiality is periodically questioned in our society due to circumstances that abruptly occur leaving health professionals to decide between right and wrong.
The Health Insurance Portability and Accountability Act (HIPAA), Patient Safety and Quality Improvement Act (PSQIA), Confidential Information and Statistical Efficiency Act (CIPSEA), and the Freedom of Information Act all provide legal protection under many laws. It also involves ethical protection. The patient must be able to completely trust the healthcare provider by having confidence that their information is kept safe and not disclosed without their consent. Disclosing any information to the public could be humiliating for them. Patient information that is protected includes all medical and personal information related to their medical records, medical treatments, payment records, date of birth, gender, and
This profile adheres to the School of Health and Social Care’s guidelines set by Teesside University’s code of conduct in relation to confidentiality and consent. The profile also adheres to the NMC guidelines referring to consent and confidentiality as a real person has not been used; therefore consent did not need to be gained.