Ethics and Law for
Medical Physicists
FARIDEH R. BAGNE, Ph.D., J.D.
BLOOMFIELD HILLS, MI
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Inherent Professional Code Of Conduct
In The Practice Of Medical Physics
TEN GOLDEN RULES
12345-
Be Competent
Be Diligent
Communicate
Keep Confidentiality
Be Truthful
6- Safekeep property
7- Know The Law
8- Be Trustworthy
9- Avoid Conflict of Interest
10- Maintain Best Interest
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1- Competence
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1- Competence
Must Have The Requisite Knowledge And Skill:
- Thorough
- Prepared
- Accurate
(con’t)
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1- Competence
Competent Service:
- Educational
- Consultative
- Collegiate Advice
- Employment
(con’t)
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2- Diligence
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2- Diligence
- Must Perform Services With Reasonable
Diligence And Promptness
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3- Communication
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3- Communication
- Must Inform
Client/Employer/Authority/Patient:
- Clearly
- Promptly
- Completely
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4- Confidentiality
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4- Confidentiality
-Comply With HIPAA Rules
-Abide By Employer/Hospital Disclosure Rules
-Comply With Court/NRC/State/Federal Rules
(con’t)
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4- Confidentiality
- The HIPAA Privacy Regulations (Privacy
Rule) Prohibit A Medical Physicist From
Using Or Disclosing Health Information
(con’t)
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5- Truthfulness
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5- Truthfulness
MUST NOT KNOWINGLY:
- Make a False Statement, or
- Fail To Disclose a Material Fact
Even if it will hurt us professionally
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6- Safekeeping Property
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6- Safekeeping Property
Must Preserve and Keep Safe:
- Records
- Properties
- Funds
Belonging to Employer/Client/Advisee/Patient
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7- Knowledge Of Law
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7- Knowledge Of Law
Must have Adequate Knowledge of Law,
Rules and Regulations As Apply To The
Field Of Medical Physics
“Ignorance Of The Law Is No Excuse”
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8- Trustworthiness
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8- Trustworthiness
Must Not:
- Use Information Received In Trust For Own
Or Adverse To Employer/Client/Advisee/
Patient
- Acquire Ownership Or Use Properties
Belonging To Others
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9- Conflicts
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9- Conflicts
Must Avoid Conflict Of Interest
- Recommendations Of Unqualified Friends
And Relatives
- Personal Vendettas Against A Co-worker
Or Past Employer
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10- Best Interest
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10- Best Interest
- While Acting With Honesty, Integrity, And
Candor, Must Act In The Best Interest Of
Employer/Client/Advisee/Patient
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Duties Owed By A Practicing
Medical Physicist
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Types of Duties:
I - Legal Duty
II - Professional Conduct: Ethical Duty
III - Moral Obligation
(con’t)
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How Is Created?
- Written Contract
- Oral Agreement
- Promise
- Inherent
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With Whom?
Relationships:
- Employer
- Client
- Patient
- Advisee
- Law
- Public
- Employee
- Colleagues
(con’t)
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To Whom?
- Employer
- Client
- Patents
- Associates
- Employees
-
(con’t)
Co-workers
Advisee
Public
Federal, State, Local
Regulatory Agencies
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I – Legal Duty
Created by Federal, State, or Local Laws,
Rules, and Regulations
Most Stringent Standard
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Violation Of Legal Duty
- Criminal Penalty:
- Intentional Act or Omission
- Criminal Negligence
- Civil Penalty:
- Negligence
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Elements of Actionable Events
There must be:
1 - Duty
2- Breach
3- Causation
4- Damage
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II- Ethical Duty
Created when we represent ourselves as
experts in the field of Medical Physics.
The Practice of Medical Physics requires
Professional Conduct whether or not we
belong to any professional organization.
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III-Moral Obligation
Created by being a member of the Society we
live in.
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Breach Of Duty
Legal, Ethical, Moral
EXAMPLES
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EXAMPLE 1
Duty
Breach
Causation
Damage
Facts:
- Sam Senior: Senior Medical Physicist
- Setting: Hospital
- Time: 11:00 P.M.
- Occasion: Aunt Becky
- Visit: Radiology & Nuclear
Medicine
- Event: Radioactive Safe Room Ajar
- Event: X-Ray Tech Not Behind Lead
Glass
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EXAMPLE 2
Duty
Breach
Causation
Damage
Facts:
-
7:00 P.M.
Sam Senior Visiting
Joe Junior: Medical Physicist/RSO
Wall Monitor Shows High Reading
Micro-Selectron: Ir- Source Out Dangling
Joe Junior:Very Tired/Deal With It
Tomorrow
- Janitor
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EXAMPLE 3
Facts: (A)
Duty
Breach
Causation
Damage
- Sam Senior: Senior Medical Physicist
Loud, Jokes, Muffins, Competent, Comes
Late But Stays Late, $250,000/Yr,
15 Years at Hospital
- Joe Junior: Ambitious, 2 Years at Hospital,
$45,000/Yr.
- Sam Senior is Senior to Joe Junior
- Joe Junior Reports To Hospital Administrator:
Late, Jokes, Muffins, Loud
- Administrator: Cost Cutting Move:
- Fires-Sam Senior
- Promotes-Joe Junior ($100,000/Yr)
(con’t)
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EXAMPLE 3
Duty
Facts: (B)
Breach
- Joe Junior Reports to Administrator:
Always Late
Does Not Do Duties Timely
Drinks On The Job
Bribes Techs Not to Tell on Him
Inappropriate Jokes & Touching
- Administrator: - Fires Sam Senior
- Promotes Joe Junior ($100,000)
(a) False
(b) True
Causation
Damage
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EXAMPLE 4
Duty
Facts: (C)
Breach
- Joe Junior: Cuts Ir Source Wire by Accident
- Therapist: Reports Next Day To Hospital
- Janitor: Radiation Burn
- Hospital: Fires Sam Senior, Promotes Joe Junior
Causation
Damage
NRC:
- Fines Hospital
- Bans Sam Senior As Authorized User
- Publishes The Event & Sam Senior’s Name
ACMP – Removes Sam Senior From
Membership
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CONCULSION
Not only is it our legal and professional
obligation to know our duties, but it is in
our best interest as well to understand our
rights as practicing Medical Physicists.
(The End)
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The End
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