Legal and Ethical Issues Related to the Use of Information

These principles – as enunciated by Alan Westin and cited by George Duncan in Chapman (1997:336) – are as follows: (1) there must be no secret system for retaining personal data; (2) There must be a way for individuals to know what personal data is recorded and how it is used; (3) Individuals must find a means to prevent information obtained for one purpose from being used or made available for another purpose without their consent; (4) Individuals shall have a means of correcting or amending a record of their information; (5) An organization that creates, retains, uses or disseminates records of personally identifiable information shall ensure that the information is trusted for its intended use and shall take reasonable precautions to prevent its misuse. This case represents a scenario that is occurring across the country with respect to EHR-based protocols that capture electronic measures of quality, often linked to value-based purchasing payer models that penalize the organization if measures are not followed. This case study illustrates the evolution of guidelines that require clinical teams to use critical thinking skills when receiving CDS or information in the EHR that is inconsistent with the clinical judgment of the entire clinical team. In addition, this case offers several ethical considerations for the investigation. The scenario also reinforces nurses` statements such as those reported in 2015 by the Texas Nurses Association-Texas Organization of Nurse Executives (TNA-TONE) National EHR Study (McBride et al., 2015). For example, here is one of 352 testimonials from nurses about EHR experiences: Mistreatment of research subjects is considered research misconduct (failure to approve ethics review, failure to follow approved protocol, lack or insufficient informed consent, exposure of subjects to physical or psychological harm, exposure of subjects to harm due to unacceptable research practices or non-compliance) confidentiality). [6] There is also scientific misconduct involving fraud and deception. When it comes to obtaining permission to share personal data, the US and EU take different approaches. In the United States, the “opt-out” model is widespread; In this model, the standard agreement is that you have agreed to share your information with the organization and must explicitly tell them that you do not want to share your information. There is no law prohibiting the sharing of your information (beyond certain categories of data, such as medical records). In the European Union, the “opt-in” model is required as standard.

In this case, you must give your explicit permission before an organization can share your information. Under HIPAA, individuals have limited rights and protections. The law provides for criminal and civil penalties for disclosing data in violation of different standards, as well as very limited fines. Many participants in the workshop felt that these rules should be strengthened and criminal sanctions should be strengthened. The Freedom of Information Act gives the public certain rights over data held by the federal government. Federal, state, and local governments are empowering themselves to use data for basic operations and specific social purposes. Researchers and data collectors have very few explicit legal rights to the data. CMPA.

(2015). Using Email Communication with Your Patients: Legal Risks. Canadian Medical Protective Association, 2015 (May), 1-3. Excerpt from www.cmpa-acpm.ca/en/advice-publications/browse-articles/2005/using-email-communication-with-your-patients-legal-risks The rise of information systems has forced us to rethink the way we treat intellectual property. From the increase in patent applications flooding the government`s patent office to the new laws that need to be introduced to enforce copyright protection, digital technologies have influenced our behavior. Dr. McBride is a professor at Texas Tech University Health Sciences Center School of Nursing and focuses on developing methods for implementing, evaluating and leveraging health information technologies to improve patient safety, quality and population health. Dr. McBride was the principal investigator of a national study on nurses` satisfaction with their electronic health records.

She is a professor with teaching responsibilities and supports graduate courses in statistics, computer science and epidemiology. She is a member of the Academy of Nursing and sits on the Information Technology and Computer Science Expert Group. Information systems have an impact far beyond the business world. New technologies are creating new situations that we have never dealt with before. How do we manage the new features these devices give us? What new laws will be needed to protect us from ourselves? This chapter begins with a discussion of the impact of information systems on our (ethical) behaviour. After that, the new legal structures will be created, with a focus on intellectual property and data protection. As long as an organization uses its trademark and defends it against counterfeiting, the protection it grants does not expire. For this reason, many organizations defend their brand against other companies whose branding even slightly copies their brand. For example, Chick-fil-A protected the phrase “Eat Mor Chikin” and vigorously defended it against a small business with the slogan “Eat More Kale.” Coca-Cola has trademarked the shape of its bottle`s outline and will take legal action against any company that uses a bottle design similar to theirs. Examples of trademarks that have been diluted and have now lost their protection in the U.S.

include “aspirin” (originally protected by Bayer), “escalator” (originally protected by Otis) and “yo-yo” (originally protected by Duncan). Session II of the workshop was structured to provide an overview of ethical and legal issues related to data dissemination. Mary Ann Baily, Institute for Ethics, American Medical Association, presented a commissioned paper for the workshop entitled “Regulating Access to Research Data Files: Ethical Issues”. Donna Eden, Office of the General Counsel, U.S. Department of Health and Human Services, presented her assessment of recent and future legislative developments. Finally, Thomas Puglisi of the Office for Protection from Research Risks (OPRR), National Institutes of Health, provided an overview of the role of institutional research councils (IRBs). It can be difficult to remember what to do in a situation that requires moral courage. It can be difficult to remember what to do when faced with a situation that requires moral courage (Lachman, 2010; Lachman, Murray, Iseminger & Ganske, 2012) Lachman et al. (2012) developed a useful mnemonic, CODE (Courage; Compliance Obligations; Risk Management; Expression), which reminds nurses of their ethical obligations and actions as outlined in the Code of Ethics for Nursing (ANA, 2015). CODE mnemonic strategy helps nurses remember these actions and includes ways to overcome fear and reluctance to express themselves, including reflection, realignment and assertiveness.

This system has quadrupled our workload. This is not accurate and the controls tend to disappear. The pharmacy part allows you to continue expired orders even after stop appointments that lead to medication errors and to stay active. This system is difficult to consult and communicate with others. Things are not working well. It takes several hours to pass through landfills due to connections that don`t work. With the emergency room after two weeks in the program, he developed an app bug that didn`t allow nurses to add information while the patient is still active and the document is active. Robichaux, C. (2012). Development of ethical skills: from sensitivity to action.

Critical Care Nurse, 32(2), 65-72.