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CHAPTER SIX
     Professional Gatekeeping
     as a Function of
     Role Fidelity


Edited by Brenda Holmes MSN/Ed, RN
ELEMENTS OF A PROFESSION
 Being professional vs. being a member of a
  profession




                                                                  Learning. All rights reserved.
                                                                  Copyright ©2009 Delmar, Cengage
 Historical criteria for a profession
     Specialized body of knowledge
     Education standards
     Practice standards
         Professional etiquette which is your behavior that is
          expected in the workplace
         Code of Ethics

     Self-regulating
     Fiduciary relationship with those served
PROFESSIONAL CODES OF ETHICS

 An important tool for self-regulation found in most health
  care specialties
HOWEVER




                                                               Learning. All rights reserved.
                                                               Copyright ©2009 Delmar, Cengage
 An all encompassing code of ethics, which covers every
  conceivable ethical problem, does not exist
 Common problems:

    Vagueness as to duties and prohibitions
    Incompleteness to duties
    Excessive concern with promotion and prestige of
     profession
    Vagueness in regard to self-regulation and peer
     enforcement
    Excessive concern with financial and business interest
PROFESSIONAL CODE OF ETHICS
   Obligations
       To be a peer to others on a health care team




                                                                                  All rights reserved.
                                                                                  Copyright ©2009 Delmar, Cengage Learning.
           Can be seen as gatekeeping functions whereby you look out
            for the interests of the profession
              Gatekeeping: comes as a result of professional obligations

               and training
                   Whole series of activities needed to protect the profession
                    those who would misuse the appropriate functions for the
                    specialty
                   Monitoring system
            Sense of collegiality and mutual support
            

         Flow naturally as a result of our professional obligations

          and educations
PROFESSIONAL CODES OF
ETHICS (CONTINUED)
   Review the professional code of ethics for your specialty
    (Do an internet research for CNA code of ethics or code of
    ethics for your profession)




                                                                 Learning. All rights reserved.
                                                                 Copyright ©2009 Delmar, Cengage
DISPARAGEMENT OF PROFESSIONAL
COLLEAGUES

   Disparagement
        Definition: belittle or criticize the skill, knowledge, or
         qualification of another professional




                                                                                  Learning. All rights reserved.
                                                                                  Copyright ©2009 Delmar, Cengage
        Many of us have heard of Cain’s questioned about “Am I

         my brother’s keeper?”
           Health care you are “brother’s keeper”

                 Responsible for our actions but also charged with the duty to
                  ensure that the rest of the health team is practicing
                  appropriately
                 Need to protect patients from exploitation, regulatory
                  licensing mechanisms, legal remedies, and peer review
                  system
          Code of ethics
             Not only ethical rules but symbolizes that this group of

              professionals is differentiating itself from the broader
              group of occupations and technical careers
             Characteristic: generate a code of ethics and self-

              regulating
CONFLICT OF INTEREST
   Fiduciary relationship
       Special relationship of loyalty and responsibility between
        the patient and practitioner
       Practitioner will practice with good faith and candor




                                                                              Learning. All rights reserved.
                                                                              Copyright ©2009 Delmar, Cengage
       Patient has the right to believe that the practitioner will
        maintain a higher level of accountability in regard to
        health care
   Conflicts of interest where patient-interests are
    served
       Owning a health care supply business can be considered
        conflict of interest if any health care professional
        recommends their business. This is called joint venture i.e
        part owner to a nursing facility.
       Caring for your own family in a health care facility
           Does intent make the difference?
           Rule of thumb: due to emotional conflict, many practitioner are
            advised not to care for family and family members.
SEXUAL MISCONDUCT
   Sexual relations between practitioners and
    patients




                                                                           Learning. All rights reserved.
                                                                           Copyright ©2009 Delmar, Cengage
       Basic principles involved
           Considered unethical nor condonable
       Effects on therapeutic relationship
         Places the practitioner in the advantage in the critical areas
          and personal vulnerability
         Intimate relationship of roles and can be powerful and

          intense for both
       As soon as the practitioner feels like there is a
        potential misunderstanding, it is time to end the
        professional relationship
SCOPE OF PRACTICE
   Scope of practice
       Definition: Tasks that are included within the practice of a
        specialty (legal regulations that allow practice within a




                                                                         Learning. All rights reserved.
                                                                         Copyright ©2009 Delmar, Cengage
        state; determination of questions regarding role-fidelity)
           Role-fidelity: requires that we remain within our scope of
            legitimate practice.
       Problem of role evolution, for example, nursing
   Legislated practice acts
       General elements
           Scope of professional practice
           Requirements and qualifications for licensure
           Exemptions
           Grounds for administrative action
           Creation of an examination board and processes
           Penalties and sanction for unauthorized practice
       Legal sanctions
IMPAIRED COLLEAGUES
   Basic problem
     6-8% nurses in the US today are addicted to drugs/or
      alcohol




                                                                         Learning. All rights reserved.
                                                                         Copyright ©2009 Delmar, Cengage
     In one state, 90% of the disciplinary hearings within
      the state were related to substance abuse
   Rationale for a duty to act:
       Protection of patients
         You are the patient’s advocate in which you can mediate
          patient’s problems and complaints in relation to health care
         Reporting an impaired colleagues, is for the safety of a

          patient
     Protection of specialty
     Protection of colleague
     Protection of institution
STEPS IN PROBLEM SOLVING
1.   Problem sensing – gather and review facts
2.   Formulate and state problem
     List solutions of initial credibility




                                                        Learning. All rights reserved.
                                                        Copyright ©2009 Delmar, Cengage
3.
4.   Evaluate consequences to individuals involved
5.   Evaluate solutions in regard to basic principles
STEPS IN PROBLEM
SOLVING
 (CONTINUED)

1.   Select solution
2.   Prepare a defense




                         Learning. All rights reserved.
                         Copyright ©2009 Delmar, Cengage
WHISTLE-BLOWING
   Definition:
     where the colleague or institution is reported for misconduct.
     A process of gatekeeping, a function of role duty and
      professionalism that cannot be ignored




                                                                               Learning. All rights reserved.
                                                                               Copyright ©2009 Delmar, Cengage
           In nursing facility:
              Office of Long-Term Care

              Ombudsman (patient advocate and staff)

   Downside
       Harassment, avoidance, demotion, termination
   What principles are involved?
       Everyone that is involved
   Making the decision
       Elements to consider
           Understand that whistle-blowing is high risk, lonely, and rarely
            appreciated
   Process
     Clear and concise documentation and information
     Follow facility protocol and chain of command
INSTITUTIONAL ETHICS
COMMITTEE
   Definition:
       As an interdisciplinary body of health care providers,
        community representatives, and nonmedical professionals




                                                                     Learning. All rights reserved.
                                                                     Copyright ©2009 Delmar, Cengage
   Membership
       Include: physicians, nurses, social workers, philosophers,
        laypersons, lawyer, administrators, and religious leaders
   Common functions:
       Policy and procedure development
       Educational role
       Case consultation
       Retrospective case review
   Decision making not function of IEC
KEY CONCEPTS
 Key elements of a profession
 Codes of ethics as important statements of self-




                                                     Learning. All rights reserved.
                                                     Copyright ©2009 Delmar, Cengage
  regulation
 Problems associated with disparagement of
  colleagues
KEY CONCEPTS (CONTINUED)
 Problems associated with sexual misconduct with
  patients




                                                    Learning. All rights reserved.
                                                    Copyright ©2009 Delmar, Cengage
 Problems associated with conflicts of interests

 Functions of institutional ethics committee

 Requirements for role fidelity
DISCUSSION
   Discuss case study:
       Is There a Duty to Lie?




                                             All rights reserved.
                                             Copyright ©2009 Delmar, Cengage Learning.
           Questions1, 2, 3, 4
       An Old Friend, a New Relationship.
           Questions 1, 2, 3

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Chapter06 professional gatekeeping

  • 1. CHAPTER SIX Professional Gatekeeping as a Function of Role Fidelity Edited by Brenda Holmes MSN/Ed, RN
  • 2. ELEMENTS OF A PROFESSION  Being professional vs. being a member of a profession Learning. All rights reserved. Copyright ©2009 Delmar, Cengage  Historical criteria for a profession  Specialized body of knowledge  Education standards  Practice standards  Professional etiquette which is your behavior that is expected in the workplace  Code of Ethics  Self-regulating  Fiduciary relationship with those served
  • 3. PROFESSIONAL CODES OF ETHICS  An important tool for self-regulation found in most health care specialties HOWEVER Learning. All rights reserved. Copyright ©2009 Delmar, Cengage  An all encompassing code of ethics, which covers every conceivable ethical problem, does not exist  Common problems:  Vagueness as to duties and prohibitions  Incompleteness to duties  Excessive concern with promotion and prestige of profession  Vagueness in regard to self-regulation and peer enforcement  Excessive concern with financial and business interest
  • 4. PROFESSIONAL CODE OF ETHICS  Obligations  To be a peer to others on a health care team All rights reserved. Copyright ©2009 Delmar, Cengage Learning.  Can be seen as gatekeeping functions whereby you look out for the interests of the profession  Gatekeeping: comes as a result of professional obligations and training  Whole series of activities needed to protect the profession those who would misuse the appropriate functions for the specialty  Monitoring system Sense of collegiality and mutual support   Flow naturally as a result of our professional obligations and educations
  • 5. PROFESSIONAL CODES OF ETHICS (CONTINUED)  Review the professional code of ethics for your specialty (Do an internet research for CNA code of ethics or code of ethics for your profession) Learning. All rights reserved. Copyright ©2009 Delmar, Cengage
  • 6. DISPARAGEMENT OF PROFESSIONAL COLLEAGUES  Disparagement  Definition: belittle or criticize the skill, knowledge, or qualification of another professional Learning. All rights reserved. Copyright ©2009 Delmar, Cengage  Many of us have heard of Cain’s questioned about “Am I my brother’s keeper?”  Health care you are “brother’s keeper”  Responsible for our actions but also charged with the duty to ensure that the rest of the health team is practicing appropriately  Need to protect patients from exploitation, regulatory licensing mechanisms, legal remedies, and peer review system  Code of ethics  Not only ethical rules but symbolizes that this group of professionals is differentiating itself from the broader group of occupations and technical careers  Characteristic: generate a code of ethics and self- regulating
  • 7. CONFLICT OF INTEREST  Fiduciary relationship  Special relationship of loyalty and responsibility between the patient and practitioner  Practitioner will practice with good faith and candor Learning. All rights reserved. Copyright ©2009 Delmar, Cengage  Patient has the right to believe that the practitioner will maintain a higher level of accountability in regard to health care  Conflicts of interest where patient-interests are served  Owning a health care supply business can be considered conflict of interest if any health care professional recommends their business. This is called joint venture i.e part owner to a nursing facility.  Caring for your own family in a health care facility  Does intent make the difference?  Rule of thumb: due to emotional conflict, many practitioner are advised not to care for family and family members.
  • 8. SEXUAL MISCONDUCT  Sexual relations between practitioners and patients Learning. All rights reserved. Copyright ©2009 Delmar, Cengage  Basic principles involved  Considered unethical nor condonable  Effects on therapeutic relationship  Places the practitioner in the advantage in the critical areas and personal vulnerability  Intimate relationship of roles and can be powerful and intense for both  As soon as the practitioner feels like there is a potential misunderstanding, it is time to end the professional relationship
  • 9. SCOPE OF PRACTICE  Scope of practice  Definition: Tasks that are included within the practice of a specialty (legal regulations that allow practice within a Learning. All rights reserved. Copyright ©2009 Delmar, Cengage state; determination of questions regarding role-fidelity)  Role-fidelity: requires that we remain within our scope of legitimate practice.  Problem of role evolution, for example, nursing  Legislated practice acts  General elements  Scope of professional practice  Requirements and qualifications for licensure  Exemptions  Grounds for administrative action  Creation of an examination board and processes  Penalties and sanction for unauthorized practice  Legal sanctions
  • 10. IMPAIRED COLLEAGUES  Basic problem  6-8% nurses in the US today are addicted to drugs/or alcohol Learning. All rights reserved. Copyright ©2009 Delmar, Cengage  In one state, 90% of the disciplinary hearings within the state were related to substance abuse  Rationale for a duty to act:  Protection of patients  You are the patient’s advocate in which you can mediate patient’s problems and complaints in relation to health care  Reporting an impaired colleagues, is for the safety of a patient  Protection of specialty  Protection of colleague  Protection of institution
  • 11. STEPS IN PROBLEM SOLVING 1. Problem sensing – gather and review facts 2. Formulate and state problem List solutions of initial credibility Learning. All rights reserved. Copyright ©2009 Delmar, Cengage 3. 4. Evaluate consequences to individuals involved 5. Evaluate solutions in regard to basic principles
  • 12. STEPS IN PROBLEM SOLVING (CONTINUED) 1. Select solution 2. Prepare a defense Learning. All rights reserved. Copyright ©2009 Delmar, Cengage
  • 13. WHISTLE-BLOWING  Definition:  where the colleague or institution is reported for misconduct.  A process of gatekeeping, a function of role duty and professionalism that cannot be ignored Learning. All rights reserved. Copyright ©2009 Delmar, Cengage  In nursing facility:  Office of Long-Term Care  Ombudsman (patient advocate and staff)  Downside  Harassment, avoidance, demotion, termination  What principles are involved?  Everyone that is involved  Making the decision  Elements to consider  Understand that whistle-blowing is high risk, lonely, and rarely appreciated  Process  Clear and concise documentation and information  Follow facility protocol and chain of command
  • 14. INSTITUTIONAL ETHICS COMMITTEE  Definition:  As an interdisciplinary body of health care providers, community representatives, and nonmedical professionals Learning. All rights reserved. Copyright ©2009 Delmar, Cengage  Membership  Include: physicians, nurses, social workers, philosophers, laypersons, lawyer, administrators, and religious leaders  Common functions:  Policy and procedure development  Educational role  Case consultation  Retrospective case review  Decision making not function of IEC
  • 15. KEY CONCEPTS  Key elements of a profession  Codes of ethics as important statements of self- Learning. All rights reserved. Copyright ©2009 Delmar, Cengage regulation  Problems associated with disparagement of colleagues
  • 16. KEY CONCEPTS (CONTINUED)  Problems associated with sexual misconduct with patients Learning. All rights reserved. Copyright ©2009 Delmar, Cengage  Problems associated with conflicts of interests  Functions of institutional ethics committee  Requirements for role fidelity
  • 17. DISCUSSION  Discuss case study:  Is There a Duty to Lie? All rights reserved. Copyright ©2009 Delmar, Cengage Learning.  Questions1, 2, 3, 4  An Old Friend, a New Relationship.  Questions 1, 2, 3