LAW AND ETHICS REVIEW
Refresher Course on Professional Ethics and Law
for Radiologic/Imaging Technologists, especially
those working with students.
Presented by
Martina Harris
University of Phoenix
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Goals and Objectives
Professional Ethics and Law Review
Goal 1:
While working with students, the Radiologic
Technologist/Imaging Technologist must uphold
standards of behavior and communicate the
varying aspects of ethics as defined the
American Registry of Radiologic Technologists.
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OBJECTIVES for Goal 1
By the end of this section, the Technologist
will be able to:




List the three parts of the Standard of Ethics
Describe the purpose of the Code of Ethics
Summarize the Code of Ethics
Describe the purpose of the Rules of Ethics
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ETHICS
Ethics – The discipline dealing with what is good
and bad and with moral duty and obligation. A
set of moral principles or moral values. The
principle of conduct governing an individual or a
group (professional).
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ETHICS
Philosophers today usually divide ethical
theories into three general subject areas
Metaethics
Normative ethics
Applied ethics
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ETHICS
Applied Ethics involves examining specific
controversial issues such as capital punishment,
abortion, right to live or die, etc.
This the theory of ethics involves areas in which
the Radiologic/Imaging Technologist would find
themselves most effected.
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PROFESSIONAL ETHICS
Applied ethics in medicine is commonly known
as Biomedical ethics. This “may be defined as
the branch of ethics dealing with dilemmas faced
by medical professionals, patients, and their
families and friends…described as guidelines for
proper activities and attitudes toward patients
and peers…suggests a standard of conduct that
is expected of members of the profession.”
Towsley-Cook, D.M & Young, T.A. (1999()
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PROFESSIONALISM
A profession is defined as an occupation,
especially one requiring training and specialized
study. It is a body of qualified persons engaged
in an occupation.
A profession does subscribe to certain behaviors
or conduct.
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Professional Ethics
The Radiologic/Imaging Technologist have
accrediting and professional societies which
have an ethical code of conduct in which the
professional is expected to abide by.
The following few slides will discuss the
accrediting agency called the American Registry
of Radiologic Technologists (ARRT) Standard of
Ethics.
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ARRT
STANDARDS OF ETHICS
Three parts of the ARRT Standard of Ethics:

Code of Ethics

Rules of Ethics

Administrative Procedures
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CODE OF ETHICS
1. The Code of Ethic is a guide by which Registered
Technologists and candidates may evaluate their
professional conduct as it relates to patients,
healthcare consumers, employers, colleagues and
other members of the healthcare team. The Code
is termed "aspirational," meaning it sets the level
of ethical conduct that provides optional
protection, safety and comfort of patients; but it
is not specifically enforced.
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RULES OF ETHICS
2. The Rules of Ethics are mandatory standards of
minimally acceptable professional conduct...and
they are enforced as such. Technologists and
candidates who engage in or permit the
occurrence of an infraction are subject to
sanctions.
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ADMINSTRATIVE AREA
3. Administrative Procedures detail the steps that
the Ethics Committee and Board of Trustees may
take in enforcing the Rules of Ethics.
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ARRT

ARRT Web Standard of Ethics
Let’s take a look at the Standard of
Ethics as written in the web pages of the
ARRT Website
Link to website : http://www.arrt.org/ Go to Ethics,
then Standards of Ethics.
When finished, hit the back key on the website.
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CORPORATE/HOSPITAL
POLICIES

Also, expected is Professional Conduct within
the working environment. All healthcare
facilities subscribe to a certain behavioral
conduct and is stated in the human resource
policy manual.
Example:
http://techtransfer.massgeneral.org/csrl/investigators/cconduct.asp
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ASSESSMENT - PART 1
At this point, we have discussed Ethics and the
relationship to our professional lives.
Before we move on to the Ethics and how it
relates to Law. There is a short assessment on
what has been discussed. If you would like to
go back to the beginning again use this
button:
Or go to http://mhlawethics.tripod.com/id11.html
to continue to self-assessment.
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Law and Ethics Review continued
 Welcome
to Section 2
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Goals and Objectives
Professional Ethics and Law

Goal 2:
All Radiologic/Imaging Technologists must
recognize when a breach of the Standards of
Ethics occurs.
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OBJECTIVES for Goal 2
By the end of this section, the Technologist will
be able to:




Define Standard of Care
Contrast public and private law
Define professional liability
Given 5 case studies describing unethical
behavior, be able to identify the behavior and
describe an alternate ethical behavior in at
least 4 out of 5 cases.
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INDIVIDUAL RIGHTS
Rights and Health Care:
“A right is defined as a claim or an
entitlement.
Healthcare is a practice, a commodity, an
approach, or a collective responsibility to ensure
the wellness of a population.”
(Towley-cook, D.M. & Young, T.A. 1999)
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RIGHTS OF PATIENT
Every New Jersey hospital patient has been given the
following Rights: (Listed as a summary)







Confidentiality
Informed Consent
Considerate and respectful care
Complete and current information
Right to privacy
To refuse medication and treatment after possible consequences of
this decision have been explained.
Treatment/medical services without discrimination based on race,
age, religion, national origin, sex, sexual preferences, handicap,
diagnosis, ability to pay, or source of payment
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RIGHTS OF PATIENT
NJ Patient Rights continued:





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
Treatment/medical services w/o discrimination based on race, age,
religion, national origin, sex, sexual preferences, handicap,
diagnosis, ability to pay, or source of payment
Free from human experimentation unless consented
Continuity of Care
Freedom from physical and mental abuse
Freedom from restraint, unless authorized by a physician with certain
restrictions.
To have prompt access to information contained in the medical
record
Explanation of bill
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Example of a Patient Right
Confidentiality
Information from or about the patient/clients,
whether in the record or not, is to be shared
only with other licensed professionals and
then only for the patient/client benefit.
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STANDARD OF CARE

Patients have these rights and
physicians/healthcare providers have an
obligation to provide Standard of Care.
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STANDARD OF CARE

Standard of Care “is the level at which the
average , prudent provider in a given community
would practice. If treatment for which a
recognized specialty exists is in question, then
the standard of care is defined by the level at
which an average, prudent specialist would
practice, even if the treating doctor is a
generalist.”
(Rynne, T.J. 1995)
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STANDARD OF CARE

How would you describe standard of care
in your professional opinion.
What would keep you from being held negligent
in your practice of Imaging?
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LAW

Difference between Public and Private
Law
PUBLIC: The body of law which concerns
the government of its relations with individuals
and business organizations.
PRIVATE: Refers to the rules and principles
which define and regulate rights and duties
between or among persons and private
business.
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LAW

Private Law encompasses:
 contracts
 property
 and Tort - Malpractice
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LAW

According to Hall, J.K. (2002) “Torts, a French
word for wrong maybe done accidentally
(negligently), or intentionally, or with degrees of
intent in between. “
Negligence (Malpractice) = Less Intent
Intentional Torts (Battery, Assault, etc.)
= More Intent
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LAW

TORT LAW
Black’s law dictionary defines a Tort as a private
or civil wrong or injury from which a court will
provide a remedy in the form of an action for
damages.
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LAW
MALPRACTICE

Malpractice: Simple definition is the “Improper or
negligent services provided by a professional,
such as a doctor or a lawyer.

This definition can be expanded to include any
healthcare professional providing services to a patient.
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PROFESSIONAL
NEGLIGENCE and LIABILITY
“negligence" is often a bit ambiguous, but can
be loosely defined as the failure to provide the
degree of knowledge, care or skill of the
average professional peer, in good standing,
under similar circumstances. Essentially,
anyone or any firm that holds themselves out
as experts in a particular field can be held
responsible for their work; their advice; their
counsel.
http://www.professionalliability.com/
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PROFESSIONAL
NEGLIGENCE and LIABILITY

professional liability insurance is also often
referred to as "errors & omissions" or "E&O" or
"malpractice" insurance.”
http://www.professional-liability.com/
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ETHICAL DILEMMAS and TORTS
There are various ways in which a healthcare professional
may be taken to court:

Intentional Torts:
 Battery: Touching a patient without their permission
 Assault: Threat of touching in an injurious way.
 Libel (written) & Slander (verbal): malicious
spreading of information that results in Defamation of
Character or Loss of Reputation
 False Imprisonment: Unjustifiable detention of a
person against his/her will.
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ETHICAL DILEMMAS and TORTS

Unintentional Torts:
Acts not intended to do harm but still result in
damage to person or property.
Malpractice and negligence are usually
unintentional torts.
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Radiologic/Imagining Technologists
7 “C’s” of Malpractice Prevention
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ETHICAL DILEMMAS &
CRITICAL THINKING SKILLS
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CRITICAL THINKING SKILLS
Ethical Dilemmas
According to Wilson, B.G. (1997) “Ethical
dilemmas are created when one is faced with a
situation in which there is actually more then one
ethical course of action. However, in taking one
course, you are precluded from taking the other.
In other words, a choice must be made between
two ethical actions.
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CRITICAL THINKING SKILLS
Ethical Dilemmas
Scenarios related to patient and workplace:

You just completed a procedure on your patient.
As you walk out the door the husband, standing
in the hallway, asks about the results. What
would you say to him? Why?

What would you do if you saw written in a
medical chart the initials “FLK”?
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CRITICAL THINKING SKILLS
Ethical Dilemmas

Patient comes to the Imaging Department in
restraints. What would you do?

You performed an abdominal radiograph on a
patient. Scissors were identified on the film.
What would you say if the patient asks why you
are taking more radiographs?
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CRITICAL THINKING SKILLS
Ethical Dilemmas


You are aware that the radiologist did not give
the patient all the information needed to make
an informed decision about a procedure. What
would you do?
Adult hit by an automobile. Comes to Trauma
Department for radiographs. You notice a
fracture of T-7. Wife wants to know why he
cannot move his legs. What do you say?
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CRITICAL THINKING SKILLS
Ethical Dilemmas

4-year old comes to Radiology Department for
possible fracture of tibia/fibula. You notice
bruising on his legs and arms. Parent states
child fell. What do you do?
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CRITICAL THINKING SKILLS
Ethical Dilemmas
Links to websites:
http://www.cariboo.bc.ca/ae/php/phil/mclaughl/courses/ethi
cs/bioeth/lectures.htm
http://bmj.bmjjournals.com/cgi/content/full/322/7288/709
http://www.essayedge.com/contentpartners/business/lesso
n8.html#article
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ASSESSMENT - PART 2
You have completed the Ethics and how it relates to Law
Section 2. There is an additional short assessment.
If you would like to go back to the beginning of this section,
again, use this button
Or go to http://mhlawethics.tripod.com/id12.html to continue
to assessment.
Reminder: ECE credits are assigned to this review. Both these
assessments must be completed within 6 weeks and we will send
you a certificate of completion.
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REFERENCES

American Society of Radiologic Technologists website: http://asrt.org

American Registry of Radiologic Technologists website: http://www.arrt.org

Hall, J.K. (2002). Law and Ethics for Clinicians. Jackhal Books: Texas

Runne, T.J. (1995). Healthcare Marketing in Transition. (rwin Professional
Publishing, 1995, 1-800-634-3966

Towsley-Cook, D.M. & Young, T.A. (1999). Ethical and Legal Issues for Imaging
Professionals. Mosby: Missouri

Wilson, B.G. (1997). Ethics and Basic Law. For Medical Imaging Professionals.
F.A. Davis Company: Philadelphia
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LAW AND ETHICS REVIEW
THE END
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