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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
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