Medical Law, Ethics, & Bioethics for the Health Professions

Copyright
Preface
Reviewers
Acknowledgments
Contents in Brief
Contents
UNIT I: Understanding the Basics
	Chapter 1: 
Medical Law, Ethics, and Bioethics
		KEY TERMS
		LEARNING OUTCOMES
		COMPETENCIES
		LAW
		ETHICS
		BIOETHICS
		COMPARING MEDICAL LAW, ETHICS, AND BIOETHICS
		IN THE NEWS
		THE IMPORTANCE OF MEDICAL LAW, ETHICS, AND BIOETHICS
		TODAY’S HEALTH-CARE CLIMATE
		ETHICAL ISSUES IN MODERN MEDICINE
		CODES OF ETHICS
		ETHICS CHECK
		APPLYING MEDICAL LAW, ETHICS, AND BIOETHICS AS A PROFESSIONAL HEALTH-CARE EMPLOYEE
		YOU MUST DECIDE
		SUMMARY
		Questions for Review
		REFERENCES
		WEB RESOURCES
	Chapter 2: 
Medical Practice Management
		KEY TERMS
		LEARNING OUTCOMES
		COMPETENCIES
		SOLE PROPRIETORS
			ADVANTAGES OF SOLE PROPRIETORSHIPS
			DISADVANTAGES OF SOLE PROPRIETORSHIPS
			CONSIDERATIONS FOR THE HEALTH-CARE EMPLOYEE
		PARTNERSHIPS
			ADVANTAGES OF PARTNERSHIPS
			DISADVANTAGES OF PARTNERSHIPS
			CONSIDERATIONS FOR THE HEALTH-CARE EMPLOYEE
		PROFESSIONAL SERVICE CORPORATIONS
			ADVANTAGES OF PROFESSIONAL SERVICE CORPORATIONS
			DISADVANTAGES OF PROFESSIONAL SERVICE CORPORATIONS
			CONSIDERATIONS FOR THE HEALTH-CARE EMPLOYEE
		GROUP PRACTICES
			ADVANTAGES OF GROUP PRACTICE
			DISADVANTAGES OF GROUP PRACTICES
			CONSIDERATIONS FOR THE HEALTH-CARE EMPLOYEE
		HEALTH MAINTENANCE ORGANIZATIONS
		MANAGED CARE
		OTHER BUSINESS ARRANGEMENTS
			JOINT VENTURES
			PREFERRED PROVIDER ORGANIZATIONS
		GENERAL LIABILITY
			BUSINESS LICENSE
			BUILDING
			AUTOMOBILE
			FIRE, THEFT, AND BURGLARY
			EMPLOYEE SAFETY
			BONDING
		RESPONSIBILITIES TO EMPLOYEES
		SUMMARY
		Questions for Review
		REFERENCES
		WEB RESOURCES
	Chapter 3: 
The Health-Care Team in the Ambulatory Setting
		KEY TERMS
		LEARNING OUTCOMES
		COMPETENCIES
		THE HEALTH-CARE TEAM
		ADMINISTRATIVE TEAM MEMBERS
			ACCREDITATION OF MEDICAL ASSISTANT PROGRAMS
		CLINICAL SUPPORT TEAM MEMBERS
		HEALTH-CARE PROVIDERS
		CONSIDERATIONS FOR AMBULATORY CARE EMPLOYEES
		SCOPE OF PRACTICE
		SUMMARY
		Questions for Review
		REFERENCES
		WEB RESOURCES
UNIT II: Law, Liability and Duties
	Chapter 4: 
State and Federal Regulations
		KEY TERMS
		LEARNING OUTCOMES
		COMPETENCIES
		ABHES
		LICENSURE (MDS AND DOS)
			LICENSE RENEWAL
			LICENSE REVOCATION AND SUSPENSION
		PRESCRIPTIONS
			TRANSMISSION OF PRESCRIPTIONS
		UNDERSTANDING NARCOTIC AND NON-NARCOTIC PRESCRIPTIONS
			NON-NARCOTIC PRESCRIPTIONS
			NARCOTICS
		CONTROLLED SUBSTANCES ACT
			DRUG SCHEDULES
		SUBSTANCE ABUSE
			DRUG ABUSE
			ALCOHOL ABUSE
		PREVENTION OF SUBSTANCE ABUSE
		HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
		CONFIDENTIALITY
		HEALTHCARE REFORM ACT OF 2010
		SUMMARY
		Questions for Review
		WEB RESOURCES
	Chapter 5: 
Professional Liability
		KEY TERMS
		LEARNING OUTCOMES
		COMPETENCIES
		PROFESSIONAL LIABILITY
		CONTRACTS
			BREACH OF CONTRACT
			ABANDONMENT
		STANDARD OF CARE
		PROFESSIONAL NEGLIGENCE OR MALPRACTICE
			THE FOUR DS OF MEDICAL NEGLIGENCE
		TORTS
			INTENTIONAL TORTS
			UNINTENTIONAL TORTS OR MALPRACTICE
			DOCTRINE OF RES IPSA LOQUITUR
			DOCTRINE OF RESPONDEAT SUPERIOR
		PROFESSIONAL LIABILITY/MALPRACTICE INSURANCE
			COST OF PROFESSIONAL LIABILITY INSURANCE
		ALTERNATIVES TO LITIGATION
			RISK MANAGEMENT AND COMPLIANCE PLANS
			RISK MANAGEMENT WITHIN THE AMBULATORY HEALTH-CARE SETTING
		SUMMARY
		Questions for Review
		REFERENCES
		WEB RESOURCE
	Chapter 6: 
Law for Health Professionals
		KEY TERMS
		LEARNING OUTCOMES
		COMPETENCIES
		SOURCES OF LAW
		TYPES OF LAW
			CIVIL AND CRIMINAL LAW
			CIVIL LAW
			CRIMINAL LAW
		TYPES OF COURT
			FEDERAL COURT
			STATE COURT
			PROBATE COURT
			SMALL CLAIMS COURT
		SUBPOENAS
		THE TRIAL PROCESS
		EXPERT WITNESS
		STATUTE OF LIMITATIONS
		SUMMARY
		Questions for Review
		WEB RESOURCE
	Chapter 7: 
Public Duties
		KEY TERMS
		LEARNING OUTCOMES
		COMPETENCIES
		REPORTING REQUIREMENTS
		BIRTHS AND DEATHS
			BIRTH CERTIFICATES
			DEATH CERTIFICATES
		NOTIFIABLE DISEASES
		CHILDHOOD AND ADOLESCENT VACCINATIONS
		NOTIFIABLE OR REPORTABLE INJURY
		ABUSE
			CHILD ABUSE
			INTIMATE PARTNER VIOLENCE
			RAPE
			ELDER ABUSE
		ETHICS CHECK
		EVIDENCE
		SUMMARY
		Questions for Review
		WEB RESOURCES
	Chapter 8: 
Consent
		KEY TERMS
		LEARNING OUTCOMES
		COMPETENCIES
		IMPLIED AND EXPRESSED CONSENT
		INFORMED AND UNINFORMED CONSENT
		THE DOCTRINE OF INFORMED CONSENT
		PROBLEMS IN CONSENT
		IMPLEMENTING CONSENT
			INADEQUACY OF CONVENTIONAL CONSENT FORMS
		IMPROVING THE CONSENT PROCESS
		SUMMARY
		Questions for Review
		REFERENCE
		WEB RESOURCE
UNIT III: Workplace Issues
	Chapter 9: 
Medical Records
		KEY TERMS
		LEARNING OUTCOMES
		COMPETENCIES
		PURPOSE
		MEDICAL RECORD CREATION AND CONTENT
			DOCUMENTATION
		PROBLEM-ORIENTED MEDICAL RECORDS
			SOAP/SOAPER
		ELECTRONIC MEDICAL RECORDS
		IN THE NEWS
		LEGAL ASPECTS OF THE MEDICAL RECORD
			CONFIDENTIALITY
			RELEASE OF INFORMATION
			ERRORS IN MEDICAL RECORDS
			SUBPOENAS
		IN THE NEWS
		TELECOMMUNICATIONS
			ELECTRONIC MAIL
			FAX MACHINES
		OWNERSHIP OF MEDICAL RECORDS
		STORAGE OF MEDICAL RECORDS
		RETENTION OF MEDICAL RECORDS
		DESTRUCTION OF MEDICAL RECORDS
		SUMMARY
		Questions for Review
		WEB RESOURCES
	Chapter 10:  Reimbursement and Collection Practices
		KEY TERMS
		LEARNING OUTCOMES
		COMPETENCIES
		COMPLIANCE PLAN
		HOW PROVIDERS ARE PAID
			PRIVATE PAY
			THIRD PARTY PAYERS
			OTHER PAYERS
		CLIENTS’ RESPONSIBILITY FOR REIMBURSEMENT
		LAWS FOR REIMBURSEMENT AND COLLECTIONS
			TRUTH IN LENDING ACT
			EQUAL CREDIT OPPORTUNITY ACT
			FAIR CREDIT BILLING ACT
			FAIR DEBT COLLECTIONS PRACTICES ACT
			FEDERAL WAGE GARNISHING LAW
			TAX EQUITY FISCAL RESPONSIBILITY ACT
			STARK I, II, AND III REGULATIONS
			DEFICIT REDUCTION ACT
			CIVIL MONETARY PENALTIES ACT
		ENFORCEMENT OF THE LAWS
		IN THE NEWS
		COLLECTION GUIDELINES
		COLLECTION DO’S
		COLLECTION DON’TS
		COLLECTION PROBLEMS
		COLLECTION AGENCIES
		REIMBURSEMENT ATTITUDES
		ETHICAL IMPLICATIONS ETHICS CHECK
		SUMMARY
		Questions for Review
		WEB RESOURCES
	Chapter 11:  Employment Practices
		KEY TERMS
		LEARNING OUTCOMES
		COMPETENCIES
		HIRING EMPLOYEES
			POLICY AND PROCEDURE MANUAL
			PERSONNEL POLICIES
			CLINIC HOURS AND WORKWEEK SCHEDULE
			JOB DESCRIPTIONS
			BENEFITS AND COMPENSATION
		THE EMPLOYMENT PROCESS
			LOCATING EMPLOYEES
			INTERVIEWING CANDIDATES
			SELECTING EMPLOYEES
			EVALUATING EMPLOYEES
			EMPLOYEE DISMISSAL
			WHEN EMPLOYEES CHOOSE TO LEAVE
			RETAINING EMPLOYEES
			FAMILY AND MEDICAL LEAVE ACT
			SEXUAL HARASSMENT
			OCCUPATIONAL SAFETY AND HEALTH ACT
			AMERICANS WITH DISABILITIES ACT
		SUMMARY
		Questions for Review
		REFERENCE
		WEB RESOURCES
	Chapter 12:  A Cultural Perspective for Health Professionals
		KEY TERMS
		LEARNING OUTCOMES
		COMPETENCIES
		UNDERSTANDING CULTURAL DIVERSITY
		COMPONENTS OF CULTURAL DIVERSITY
		ESTABLISHING A NEW CULTURE IN HEALTH CARE
			EVALUATING SELF
		CROSS-CULTURAL COMMUNICATION
		SUMMARY
		Questions for Review
		REFERENCES
		WEB RESOURCE
UNIT IV: Bioethical Issues
	Chapter 13: 
Allocation of Scarce Medical Resources
		KEY TERMS
		LEARNING OUTCOMES
		COMPETENCIES
		ALLOCATION AND ACCESS IN TODAY’S HEALTH-CARE ENVIRONMENT
		ETHICS CHECK
		INFLUENCE OF POLITICS, ECONOMICS, AND ETHICS ON HEALTH CARE
		HEALTH-CARE LEGISLATION
		MACROALLOCATION AND MICROALLOCATION
		SYSTEMS FOR DECISION MAKING
			SYSTEM I
			SYSTEM II
		HOW WOULD YOU DECIDE?
			ALLOCATION OF RESOURCES
		SUMMARY
		Questions for Review
		REFERENCES
	Chapter 14: 
Genetic Engineering
		KEY TERMS
		LEARNING OUTCOMES
		COMPETENCIES
		ABHES
		GENETIC ADVANCES
			GENETICALLY INFORMED MEDICINE
		GENETIC SCREENING AND TESTING
		CARRIER SCREENING
			PREIMPLANTATION GENETIC DIAGNOSIS
			PRENATAL DIAGNOSTIC TESTING
			NEWBORN GENETIC SCREENING
			PRESYMPTOM GENETIC TESTING
			FORENSIC IDENTITY GENETIC TESTING
		GENETIC COUNSELING
			GENETIC DISCRIMINATION
		GENE THERAPY
		ETHICS CHECK
		STEM CELL RESEARCH
			TYPES OF CELL TISSUES
			FETAL TISSUE RESEARCH
			TISSUE AND ORGAN ENGINEERING
		REPRODUCTIVE CLONING
		LEGAL AND ETHICAL IMPLICATIONS OF TISSUE CELL RESEARCH
		CONSIDERATIONS FOR HEALTH PROFESSIONALS
		SUMMARY
		Questions for Review
		WEB RESOURCES
	Chapter 15: 
Reproductive Issues
		KEY TERMS
		LEARNING OUTCOMES
		COMPETENCIES
		REPRODUCTIVE ISSUES AND RIGHTS OF WOMEN
			FEMALE GENITAL MUTILATION
			CONTRACEPTION
			EMERGENCY CONTRACEPTION
			STERILIZATION
			ABORTION
			WHEN DOES LIFE BEGIN?
			METHODS OF ABORTION
			ANTIABORTION TERRORISM
			GLOBAL GAG RULE
		ASSISTED REPRODUCTION
			ARTIFICIAL INSEMINATION
			IN VITRO FERTILIZATION
			SURROGACY
		ACCESS TO REPRODUCTIVE HEALTH SERVICES
		LEGAL AND ETHICAL IMPLICATIONS OF REPRODUCTIVE ISSUES
			FEMALE GENITAL MUTILATION
			CONTRACEPTION
			ABORTION
			ANTIABORTION TERRORISM
			ASSISTED REPRODUCTION
			ARTIFICIAL INSEMINATION BY HUSBAND AND ARTIFICIAL INSEMINATION BY DONOR
			IN VITRO FERTILIZATION
			SURROGACY
		PROTOCOL FOR HEALTH PROFESSIONALS
		SUMMARY
		Questions for Review
		WEB RESOURCES
	Chapter 16: 
End of Life Issues
		KEY TERMS
		LEARNING OUTCOMES
		COMPETENCIES
		CHOICES IN LIFE ETHICS CHECK
		LIVING WILLS, ADVANCE DIRECTIVES, AND THE PATIENT SELF-DETERMINATION ACT
		DURABLE POWER OF ATTORNEY FOR HEALTH CARE
			NATIONAL REGISTRY
		CHOICES IN DYING
		SUFFERING IN DYING
		USE OF MEDICATIONS
		PSYCHOLOGICAL ASPECTS OF DYING
		PHYSIOLOGICAL ASPECTS OF DYING
		HOSPICE
		STAGES OF GRIEF
			DENIAL
			ANGER
			BARGAINING
			DEPRESSION
			ACCEPTANCE
		LEGAL DEFINITIONS OF DEATH
		LEGAL IMPLICATIONS
		ETHICAL CONSIDERATIONS ETHICS CHECK
		CULTURAL VIEWS
		ASSISTED DEATH
		UNIFORM ANATOMICAL GIFT ACT
		AUTOPSY
			PRIORITY AUTHORIZATION FOR AUTOPSY
		ROLE OF HEALTH PROFESSIONALS
		SUMMARY
		Questions for Review
		REFERENCES
		WEB RESOURCES
Have a Care
	CAROL’S NOTE
	MARTI’S STORY
	FINAL NOTE FROM CAROL
Appendix 1: 
Codes of Ethics
	1. HIPPOCRATIC OATH, CLASSICAL VERSION*
	HIPPOCRATIC OATH, MODERN VERSION
	2. AMERICAN ASSOCIATION OF MEDICAL ASSISTANTS (AAMA)**
	3. PRINCIPLES OF MEDICAL ETHICS: AMERICAN MEDICAL ASSOCIATION†
Appendix 2: 
Sample Documents for Choices About Health Care, Life, and Death
	DURABLE POWER OF ATTORNEY FOR HEALTH CARE AND HEALTH CARE DIRECTIVE
	ORGAN DONATION FORM
	ORGAN DONATION CARD
Index of Resources
	WEB RESOURCES
	REFERENCES
INDEX