COURSE ESSENTIAL STANDARD OBJECTIVE ESSENTIAL QUESTIONS 7242 Health Science II Unit A Healthcare foundation standards, safety, and infection control 1.00 B2 29% Understand healthcare foundation standards. 1.04 B2 5% Understand legal and ethical issues in healthcare. Why is it important for healthcare professionals to understand legal issues? What are some legal and ethical dilemmas presented to healthcare professionals? What are criminal and civil laws? What are contracts and how do they relate to healthcare? What legislation regulates patient rights? What are the ethics of healthcare? Unpacked Content I. II. III. Understand legal and ethical issues of the healthcare professional A. Legal knowledge B. Ethical behaviors Legal and ethical dilemmas A. Abortion B. End of life C. Euthanasia 1. Advanced directive 2. Living will 3. Power of attorney D. Organ donation E. Research and experimental treatment The Law - System of Rules A. Criminal Law 1. Assault 2. Battery 3. Misuse of narcotics 4. Murder 5. Practicing without a license 6. Sexual assault 7. Theft B. Civil Law 1. Torts a. Abuse i) Physical ii) Sexual iii) Verbal b. Defamation of character i) Libel 7242 Health Science II Summer 2011 Page 63 IV. V. ii) Slander c. False imprisonment d. Invasion of privacy e. Malpractice f. Negligence 2. Contracts a. Offer b. Acceptance c. Genuine agreement d. Capacity e. Consideration f. Legality g. Types of contracts h. Implied i. Expressed j. Informed consent Patient rights legislation A. Patient’s Bill of Rights B. The Healthcare Consumer 1. Consumer Bill of Rights 2. Consumer Responsibilities C. Omnibus Budget Reconciliation Act D. Nursing Home Reform Act E. Patient Self-Determination Act F. Health Insurance Portability and Accountability Act (HIPAA) Ethics in healthcare A. Personal B. Professional C. Organizational 7242 Health Science II Summer 2011 Page 64 ACTIVITIES RELEVANCY TO OBJECTIVE RESOURCES 1. Group Activity 1 Divide the students into groups of 3-4. Distribute handout. Students will brainstorm and record: o what they know and want to know about legal and ethical issues in healthcare. o why this information is important to a healthcare professional Discuss students’ responses. Students will turn in their papers to the teacher. Allow 10 -15 minutes for this activity. 2. Legal and 2ethical issues of the healthcare professional Distribute handout. Present PowerPoint Presentation. Students will record notes in their own words and class discussion on the handout. Facilitate discussion and have students record their responses to how a legal right can present an ethical issue. Students will UNDERSTAND (B2) their knowledge of legal and ethical issues that are encountered by healthcare professionals. 1.04 Understand legal and ethical issues in healthcare - KWL Handout Students will UNDERSTAND (B2) legal and ethical issues that are encountered by healthcare professionals. 1.04 Understand legal and ethical issues of the healthcare professional PowerPoint Presentation 3. HOMEWORK: 3 Criminal Law or Civil Law Distribute handout or present on a projector Assign each student a topic as listed Students will search any available media (newspaper, Internet, etc.) for a court case that is an example of the offense. Students should be prepared to share their information with the class during the presentation and Students will UNDERSTAND (B2) the healthcare professionals’ legal responsibilities and why it is important. 7242 Health Science II 1.04 Legal and ethical issues of the healthcare professional Handout 1.04 Criminal Law or Civil Law Handout OR Use projector to view the handout Computer with Internet access Summer 2011 Page 65 ACTIVITIES discussion of the PowerPoint in Activity 4 and 5. Note: This assignment should be completed and reviewed by the teacher prior to the presentation of information on criminal and civil laws. 4. Elements of 7 a Contract Distribute the handout. PowerPoint Presentation. Students will record notes in their own words and class discussion on the handout. Facilitate discussion by asking the students: o Have you ever had a contract? o If yes, what type of contract? o If no, remind students of contracts they may not be aware of. 5. HOMEWORK 8 Assign students to research contracts on the internet. Students should review contracts of various types, identifying the: o Offer o Acceptance o Genuine agreement o Capacity o Consideration o Legality o Terms of the contract Note: any type of contract that contains the elements of a contract will be fine and may initiate interest by the students. Students will develop a simulated contract with a healthcare provider. The teacher will review and students will discuss and compare 7242 Health Science II RELEVANCY TO OBJECTIVE Students will UNDERSTAND (B2) the elements of contracts. RESOURCES 1.04 Contracts PowerPoint Presentation 1.04 Elements of a Contract Handout Students will UNDERSTAND (B2) the elements and terms of contracts. Summer 2011 Computer with Internet access Page 66 ACTIVITIES the elements of the contracts. 6. Patient Rights 9 Legislation Distribute handout. Present PowerPoint Presentation. Facilitate discussion. The students will record classroom discussion on the handout. 7. Patient’s Rights 1 Legislation 0 Scenarios Distribute handout. Students will read the scenarios and determine if there was a violation of a patient’s rights. If there was not a violation, the student will write “None” in the blank. If there was a violation, the student will write the patient rights legislation that was violated and how the violation could have been avoided. There may be more than one violation. 8. Criminal Law Distribute handout. Present the PowerPoint Presentation, slides 1-1. Facilitate discussion of each legal term and allow students to present their research of cases as described above. Allow students to give additional examples of criminal law violations. During the last ten minutes of class, students should write an example similar to, but not identical to the example given in class for three of the terms presented and discussed in the PowerPoint. These are to be given to the teacher before the students leave the class. 7242 Health Science II RELEVANCY TO OBJECTIVE RESOURCES Students will 1.04 Patient Rights UNDERSTAND (B2) patient Legislation rights legislation. PowerPoint Presentation Students will UNDERSTAND (B2) examples of patient rights violations. Students will UNDERSTAND (B2) the healthcare professional professionals legal responsibilities related to criminal law. 1.04 Patient Rights Legislation Handout 1.04 Patient’s Rights Legislation Scenarios Handout 1.04 THE LAW System of Rules PowerPoint Presentation, slides 1-10 1.04 Key Terms – Criminal and Civil Law Handout Summer 2011 Page 67 ACTIVITIES 9. Civil Law Students will refer to handout from activity 8. Present PowerPoint Presentation, slides 11-25. Facilitate discussion of each legal term and allow students to present their research of cases as described above. Allow students to give additional examples of criminal law violations. During the last ten minutes of class, students should write an example similar to, but not identical to the example given in class for three of the terms presented and discussed in the PowerPoint. These are to be given to the teacher before the students leave the class. 10. Student Activity Post Flip Chart paper around the room. Students will use Post-It place examples of criminal and civil legal offenses on the Flip Chart paper. Students will: o Identify the offense. o Compare criminal and civil law. Facilitate discussion of the offenses and laws. 11. Ethics in Healthcare 1 1 Distribute handout. Present PowerPoint Presentation. Facilitate discussion by asking the students: o Explain the difference between legal and ethical. o Why are ethics important in our personal and professional lives? 7242 Health Science II RELEVANCY TO OBJECTIVE Students will UNDERSTAND (B2) the healthcare professional professionals’ legal responsibilities related to civil law. RESOURCES 1.04 THE LAW System of Rules PowerPoint Presentation, slides 11-25 1.04 Key Terms – Criminal and Civil Law Handout Students will UNDERSTAND (B2) criminal and civil law. Post-It notes Students will UNDERSTAND (B2) ethical responsibilities of the healthcare professional. 1.04 Ethics in Healthcare PowerPoint Presentation Flip Chart paper 1.04 Healthcare Professional Ethical Responsibilities Handout Summer 2011 Page 68 ACTIVITIES Would you report an unethical behavior? Why or why not?. Students will record class discussion on the handout. 12. WHERE DO 1 I STAND? 2 Have the students stand in a large circle. Present the concepts on the 1.04 WHERE DO I STAND? Teacher Resource to the students and follow the directions. Discuss the reasons students made their decisions. 7242 Health Science II RELEVANCY TO OBJECTIVE Students will UNDERSTAND (B2) the difficulty of making ethical decisions. Summer 2011 RESOURCES 1.04 WHERE DO I STAND? Teacher Resource Page 69 1.04 Understand legal and ethical issues in health care KWL Handout # 1 Date: ______________ K (What I Know) 7242 Health Science II Names of group members: ________________________________ ________________________________ ________________________________ ________________________________ W (What I want to Know) Summer 2011 L (What I Learned) Page 70 1.04 Legal and ethical issues of the healthcare professional Handout Name ________________ Date ________________ Directions: Record notes in your own words and class discussion about the importance of understanding legal and ethical issues in healthcare. Importance for the healthcare professional to understand 1. ______________________________ 2. ____________________________ 5. ____________________________ 3. ____________________________ a. __________________________ 4. ____________________________ b. __________________________ a. __________________________ c. __________________________ b. __________________________ c. __________________________ d. __________________________ Legal and ethical issues encountered by healthcare professionals 1. __________________________________________________________________________ a. Definition ____________________________________________________________ i._____________________________________________________________________ ii. ____________________________________________________________________ b. What are the ethical issues? ____________________________________________ _______________________________________________________________________ ______________________________________________________________________ 2. __________________________________________________________________________ a. ____________________________________________________________________ b. Definition ____________________________________________________________ ______________________________________________________________________ i. ____________________________________________________________________ ii. ____________________________________________________________________ c. ____________________________________________________________________ d. ____________________________________________________________________ e. ____________________________________________________________________ f. What are the ethical issues? ____________________________________________ ______________________________________________________________________ ______________________________________________________________________ 3. __________________________________________________________________________ a. Definition ____________________________________________________________ ______________________________________________________________________ b. What are the ethical issues? ____________________________________________ ______________________________________________________________________ ______________________________________________________________________ 4. __________________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ What are the ethical issues? ______________________________________________ ______________________________________________________________________ ______________________________________________________________________ 7242 Health Science II Summer 2011 Page 71 1.04 Legal and ethical issues of the healthcare professional Handout KEY Name ________________ Date ________________ Directions: Record notes in your own words and class discussion about the importance of understanding legal and ethical issues in healthcare. Importance for the healthcare professional to understand 1. Knowledge of legal responsibilities 5. Ethical behavior ensures 2. Limitations of practice__________ a. Quality patient care 3. Implications of their actions______ b. Positive work relationships 4. Protects_____________________ c. Well-managed workplace a. Healthcare professional____ b. Patients_________________ c. Co-workers______________ d. Facility_________________ Legal and ethical issues encountered by healthcare professionals 1. _Abortion____________________________________________________________ a. Definition ___termination of a pregnancy______________________________ i. __spontaneous__________________________________________________ ii. __induced______________________________________________________ b. What are the ethical issues? Why? _answers will vary___________________ ________________________________________________________________ 2. _End of life dilemmas__________________________________________________ a. euthanasia_____________________________________________________ b. Definition _the act of ending the life of an individual in a painless manner ____ Individual is usually suffering from a terminal illness_______________________ i. _assisted__________________________________________________ ii. _voluntary_________________________________________________ iii. _involuntary_______________________________________________ c. _advanced directives_____________________________________________ d. _living will______________________________________________________ e. _power of attorney_________________________________________ f. What are the ethical issues? Why? _answers will vary___________________ ________________________________________________________________ 3. _Organ donation______________________________________________________ a. Definition _the removal of health tissues from one person for the purpose of __ transplanting them into another person_________________________________ Donor can be living or recently deceased_______________________________ b. What are the ethical issues? Why? _answers will vary___________________ ________________________________________________________________ 4. _Research and experimental treatment_____________________________________ _healthcare research seeks to develop treatments for a disease process, or to__ establish new knowledge for health and wellness maintenance_______________ What are the ethical issues? Why? _answers will vary_____________________ ________________________________________________________________________ __________________________________________________________________ 7242 Health Science II Summer 2011 Page 72 1.04 Criminal Law or Civil Law Handout Name ________________ Date _________________ Directions: Select a topic from the list below. Search any available media (newspaper, Internet, etc.) for a court case that is an example of the topic chosen. Prepare a paragraph that explains the case. Be prepared to share the case with the class during the presentation and discussion of the PowerPoint. This assignment should be completed and reviewed by the teacher prior to the presentation of information on criminal and civil laws. Information to be included: Name of the case Date of the offense and trial (if there was a trial) Healthcare professional involved (doctor, physical therapist, etc.) What happened? Who won? What did they win? Assault Battery Defamation of character False imprisonment Invasion of privacy Libel Malpractice Misuse of narcotics Murder Negligence Physical abuse Practicing without a license Reasonable care Sexual abuse Slander Theft Verbal abuse 7242 Health Science II Summer 2011 Page 73 1.04 Elements of a Contract Name __________________ Handout Date ___________________ Directions: Record notes in your own words and class discussion in your own words regarding the elements of a contract. Contract ______________________________________________________________ ______________________________________________________________________ Elements of a Contract Define in your own words Examples Offer Acceptance Genuine agreement Capacity Consideration Legality Types of contracts _____________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Informed Consent ______________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 7242 Health Science II Summer 2011 Page 74 1.04 Patient Rights Legislation Class Discussion Handout Name ________________ Date _________________ Directions: Record class discussion about Patient Rights Legislation. Patient Rights Legislation Patient Bill of Rights What is it? Who passed it? Why? Who is covered? Consumer Bill of Rights and Responsibilities What is it? Who passed it? Why? Who is covered? Omnibus Budget Reconciliation Act What is it? Who passed it? Why? Who is covered? Nursing Home Reform Act What is it? Who passed it? Why? Who is covered? Patient Self-Determination Act What is it? Who passed it? Why? Who is covered? 7242 Health Science II Summer 2011 Page 75 1.04 Patient Rights Legislation Scenarios Handout Name____________________ Class____________________ Directions: Read the following scenarios. In each scenario, determine if there was of a violation of a patient’s rights. If there was not a violation, write “None” in the blank. If there was a violation, write the patient rights legislation that was violated and how the violation could have been avoided. There may be more than one violation. 1. Jean has been given information regarding the study of a new heart medicine. Jean does not want to participate in the study. She prefers to have an alternative treatment for her condition. Jean’s doctor prescribes another treatment. Patient rights legislation violated ___________________________________________ How the violation could have been avoided ___________________________________ ______________________________________________________________________ 2. The nursing assistant told Joseph that he is scheduled for a cardiac catheterization. Joseph’s has not discussed this procedure with his doctor. Joseph has a puzzled look on his face. Patient rights legislation violated ___________________________________________ How the violation could have been avoided ___________________________________ ______________________________________________________________________ 3. Mrs. Brown was transferred from the hospital to a rehabilitation center. Upon arrival to the rehabilitation center, Mrs. Brown completed her living will and named her healthcare power of attorney. Patient rights legislation violated ___________________________________________ How the violation could have been avoided ___________________________________ ______________________________________________________________________ 4. The physical therapist took Mr. Beasley to the Physical Therapy department for his whirlpool treatment. The therapist placed Mr. Beasley in the whirlpool. While Mr. Beasley was in the whirlpool, the therapist talked to another therapist on the other side of the department area. Patient rights legislation violated ___________________________________________ How the violation could have been avoided ___________________________________ ______________________________________________________________________ 5. Mrs. James is a patient in the surgical department. Nurse Fran from the orthopedic department came over and told Nurse Franks that Dr. Monroe needed to review Mrs. James’s record. Nurse Franks gave Nurse Fran the record. Patient rights legislation violated ___________________________________________ How the violation could have been avoided ___________________________________ ______________________________________________________________________ 7242 Health Science II Summer 2011 Page 76 1.04 Patient Rights Legislation Scenarios Handout page 2 6. Mr. Bates has a living will. According to the hospital’s policy, this advanced directive will expire in two months. Mr. Bates has not been informed of this policy. Patient rights legislation violated ___________________________________________ How the violation could have been avoided ___________________________________ ______________________________________________________________________ 7. Chuck received care of by a student nurse. Chuck did not know the nurse was student. Patient rights legislation violated ___________________________________________ How the violation could have been avoided ___________________________________ ______________________________________________________________________ 8. Jackie has been discharged from the hospital. She was given her hospital bill but has some questions about a charge of $500.00 for medication. She does not get an answer to her questions. Patient rights legislation violated ___________________________________________ How the violation could have been avoided ___________________________________ ______________________________________________________________________ 9. The nursing assistant enters Mrs. Byrd’s room and states, “Hi honey! How are you today? I heard you gave them a hard time last night.” Patient rights legislation violated ___________________________________________ How the violation could have been avoided ___________________________________ ______________________________________________________________________ 10. Paul’s doctor gave tissue samples from Paul’s biopsy to the director of the Cancer Research Center. The center is performing clinical trials on a new drug that has proven to cure Paul’s type of cancer. Paul is not aware of the clinical trial nor that his tissue sample was released. Patient rights legislation violated ___________________________________________ How the violation could have been avoided ___________________________________ ______________________________________________________________________ 7242 Health Science II Summer 2011 Page 77 1.04 Patient Rights Legislation Scenario Handout KEY Name____________________ Class____________________ Directions: Read the following scenarios. In each scenario, determine if there was of a violation of a patient’s rights. If there was not a violation, write “None” in the blank. If there was a violation, write the patient rights legislation that was violated and how the violation could have been avoided. There may be more than one violation. 1. Jean has been given information regarding the study of a new heart medicine. Jean does not want to participate in the study. She prefers to have an alternative treatment for her condition. Jean’s doctor prescribes another treatment. Patient rights legislation violated _______NONE_______________________________ How the violation could have been avoided ___________________________________ ______________________________________________________________________ 2. The nursing assistant told Joseph that he is scheduled for a cardiac catheterization. Joseph’s has not discussed this procedure with his doctor. Joseph has a puzzled look on his face. Patient rights legislation violated __right to receive information necessary to give______ informed consent________________________________________________________ How the violation could have been avoided __Joseph should have been given information about any procedure or treatment and information regarding available alternatives____________________________________________________________ 3. Mrs. Brown was transferred from the hospital to a rehabilitation center. Upon arrival to the rehabilitation center, Mrs. Brown completed her living will and named her healthcare power of attorney. Patient rights legislation violated ____NONE__________________________________ How the violation could have been avoided ___________________________________ ______________________________________________________________________ 4. The physical therapist took Mr. Beasley to the Physical Therapy department for his whirlpool treatment. The therapist placed Mr. Beasley in the whirlpool. While Mr. Beasley was in the whirlpool, the therapist talked to another therapist on the other side of the department area. Patient rights legislation violated __Invasion of privacy___________________________ How the violation could have been avoided ___________________________________ ______________________________________________________________________ 5. Mrs. James is a patient in the surgical department. Nurse Fran from the orthopedic department came over and told Nurse Franks that Dr. Monroe needed to review Mrs. James’s record. Nurse Franks gave Nurse Fran the record. Patient rights legislation violated 1) confidential treatment of all records, 2) informed___ consent _______________________________________________________________ How the violation could have been avoided _ patient should have signed permission to released medical records to another department_______________________________ 7242 Health Science II Summer 2011 Page 78 1.04 Patient Rights Legislation Scenarios Handout page 2 6. Mr. Bates has a living will. According to the hospital’s policy, this advanced directive will expire in two months. Mr. Bates has not been informed of this policy. Patient rights legislation violated ___right to explanation of hospital rules, right to have an advanced directive____________________________________________________ How the violation could have been avoided __Someone should explain hospital rules to Mr. Bates and allow him to write another living will______________________________ 7. Chuck received care of by a student nurse. Chuck did not know the nurse was student. Patient rights legislation violated __right to choice of providers____________________ How the violation could have been avoided _hospital personnel should wear proper___ identification and Chuck should have had the opportunity to request another nurse____ _____________________________________________________________________ 8. Jackie has been discharged from the hospital. She was given her hospital bill but has some questions about a charge of $500.00 for medication. She does not get an answer to her questions. Patient rights legislation violated __right to examine bill and have it explained________ How the violation could have been avoided __Jackie should have been given a_______ complete explanation of the cost of services provided___________________________ 9. The nursing assistant enters Mrs. Byrd’s room and states, “Hi honey! How are you today? I heard you gave them a hard time last night.” Patient rights legislation violated __right to considerate and respectful care__________ How the violation could have been avoided __(answers will vary)__________________ ______________________________________________________________________ 10. Paul’s doctor gave tissue samples from Paul’s biopsy to the director of the Cancer Research Center. The center is performing clinical trials on a new drug that has proven to cure Paul’s type of cancer. Paul is not aware of the clinical trial nor that his tissue sample was released. Patient rights legislation violated __right to privacy, and confidentiality, right to be_____ informed of hospital plan to engage in research projects and the right to refuse such___ research projects________________________________________________________ How the violation could have been avoided __explanation of research projects and____ opportunity for signed consent______________________________________________ 7242 Health Science II Summer 2011 Page 79 1.04 Key Terms – Criminal and Civil Law Handout Name __________________ Date ___________________ Criminal Law- protects all people from those who pose a threat to society. Legal/Ethical Term Definition Examples Assault Any threat or attempt to injure another person with the apparent ability to do so Battery Unlawful touching of another person without their consent Felony A serious crime that carries a penalty of at least one year of imprisonment Misuse of narcotics Using controlled drugs in a manner other than intended Murder Taking another person’s life Practicing without a Providing healthcare license services without a license Theft Taking another person’s possessions Civil Law- involves disputes between people or organization and the protection of people’s rights. Legal/Ethical Term Definition Examples Abuse Physical, sexual, or verbal mistreatment Defamation of Statement that character causes injury to a person’s reputation False imprisonment A person is confined or retained against his/her will Invasion of privacy -make personal information public without the consent of the patient -unnecessary physical exposure of a patient 7242 Health Science II Summer 2011 Page 80 1.04 Key Terms – Criminal and Civil Law Handout Libel Untrue written statements that cause injury to a person’s reputation Malpractice Providing bad care, resulting in injury. Act of commission Negligence Failure to provide care that is normally expected, resulting in injury to the patient. Act of omission Reasonable care Legal obligation of healthcare professionals to provide care according to the standards of practice expected within their community of healthcare professionals Slander Untrue spoken statements that cause injury to a person’s reputation Tort Wrongful acts, not involving a contract, that result in physical injury, property damages, or damages to a person’s reputation for which the injured person is entitles to compensation for damages done. 7242 Health Science II Summer 2011 page 2 Page 81 1.04 Healthcare professionals’ ethical responsibilities Name ________________ Handout Date _________________ Directions: Record class discussion about healthcare professionals’ ethical responsibilities. Ethics ________________________________________________________________ ______________________________________________________________________ ___________ ___________ ___________ __ ____________ ____________ ____________ ____________ _______________ _______________ ______________ ______________ Ethics ______________ ______________ ______________ ______________ _________ _________ _________ _________ _________ _ _______________________________ _______________________________ _______________________________ _______________________________ _______________________________ _______________________________ Recognize and report unethical behavior: ______________________________________________________________________ _________ ______ ________ ____________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 7242 Health Science II Summer 2011 Page 82 1.04 Healthcare professionals’ ethical responsibilities Name ________________ Handout KEY Date _________________ Directions: Record class discussion about healthcare professionals’ ethical responsibilities. Ethics Standard of conduct or code of behavior for a person or group of people_______ the ability to determine right from wrong and the commitment to do what is right.______ Personal values Dependable Honest Responsible Trustworthy Organizational standards Professional standards Ethics Moral values that guide the way corporations make decisions Specific to each health care career - Principles - Rules Principles of Ethics- standards of exemplary professional behavior for all members of the association Rules of Ethics- mandatory, direct standards of minimally acceptable professional conduct Recognize and report unethical behavior: _ Recognize any event that has adverse affects on the health, safety or welfare of any person within the healthcare agency. The healthcare professional must: Obey the law Follow code of ethics for his/her job description, Treat everyone with respect_________ Report illegal and unethical behavior to ensure health, safety and welfare of any______ person within the healthcare agency, follow employee handbook for reporting________ procedures, consult manager/supervisor, Contact human resources supervisor___ ____ 7242 Health Science II Summer 2011 Page 83 1.04 WHERE DO I STAND? Teacher Resource Directions: The teacher will have the students stand in a large circle. Designate an area of the room for students to move into if they (1) agree, (2) disagree or (3) don’t know how I feel. The teacher will read a scenario from those given below. The teacher can develop others. The students will move according their feelings about the situation presented in the scenario. Discuss the reasons students made there decisions. 1. You have been offered money to be a surrogate mother and you need the money. You would do it. 2. The family of a patient with a terminal illness begs you to keep it from the patient. When the patient asks you, you tell the truth. 3. Parents have the right to withhold medication from their sick children. 4. A nurse has an offensive body odor. You will tell her. 5. Your best friend recently found out that she is pregnant. She wants to have an abortion. She asks you not to tell anyone. You would not tell. 6. Everyone deserves good healthcare. If a person cannot afford insurance, you are willing for your insurance to cover their bill. 7. Jack threw up in first period English class. He told the teacher that he ate something that made him sick. Jack looks really pale, his eyes are red, and he is shaking. You saw Jack and some other boys taking some medicine before school. He said it was cough medicine. You would not tell. 8. The most important thing for healthcare professionals is to be fair in all patient interactions. 9. Competent, consenting terminally ill patients should have the legal right to medically assisted suicide. 10. Physicians should be able to accept financial incentives from drug manufactures for switching patients to their drugs. 7242 Health Science II Summer 2011 Page 84 1.04 Prototype Assessment Items Note: These items illustrate the types of items used in the item bank for this objective. All items have been written to match the cognitive process of the understand verb in the objective. Questions require students to interpret, summarize or explain legal and ethical issues in healthcare. These exact questions will not be used on the secured test, but questions in similar formats will be used. These assessment items may be used as prototypes by teachers and students to generate similar items to comprise formative assessments for you classroom. This strategy is especially helpful during the field test year when classroom item banks are not available. Results of formative assessment should be used to diagnose levels of mastery, determine if re-teaching is needed, and guide further instruction. 1. The student observed a healthcare professional take an apple from a patient’s room when the patient was out of the room for an x-ray. The healthcare professional is guilty of: a. assault. b. battery. c. murder. d. theft. Answer: D 2. If the healthcare professional threatens a patient, the healthcare professional is guilty of: a. Murder. b. Assault. c. Battery. d. Theft. Answer: C 3. The patient was injured when she fell off the bed. The healthcare provider found that the side rails were not up. What legal standard was violated? a. Defamation b. Invasion of privacy c. Malpractice d. Negligence Answer: D 4. A patient admitted to a facility for an elective procedure is offered the opportunity to establish a living will and health care power of attorney as a result of legislation related to a. Health Insurance Portability and Accountability Act b. Patient’s Bill of Rights c. Patient Self-Determination Act d. Omnibus Budget Reconciliation Act Answer: C 7242 Health Science II Summer 2011 Page 85