Medical Law and Ethics for Clinical Medical Assistants Study Guide PDF

I. Scope of Practice for Clinical Medical Assistants Definition: The legal and ethical boundaries of tasks a medical assistant can perform, based on training, certification, and state regulations. Examples of Tasks Within Scope: ○ Taking vital signs...

I. Scope of Practice for Clinical Medical Assistants Definition: The legal and ethical boundaries of tasks a medical assistant can perform, based on training, certification, and state regulations. Examples of Tasks Within Scope: ○ Taking vital signs ○ Administering medications as directed by a provider ○ Assisting in minor surgical procedures ○ Performing diagnostic tests (e.g., EKGs, phlebotomy) Prohibited Actions: ○ Diagnosing patients ○ Prescribing medications ○ Independent medical judgment II. Ethical and Legal Issues 1. Conflict of Interest: ○ Definition: A situation where personal interests could interfere with professional judgment. ○ Examples: Accepting gifts from pharmaceutical companies, treating friends or family members. 2. Medication Errors: ○ Definition: Mistakes in prescribing, dispensing, or administering medication. ○ Response: Report the error immediately to the supervising provider. Document accurately. Communicate transparently with the patient if authorized. 3. Malpractice and Negligence: ○ Malpractice: Professional misconduct or failure to meet the standard of care. ○ Negligence: Failure to act as a reasonable medical professional would, leading to patient harm. III. Legislation in the Workplace Purpose and Application of Key Laws: 1. CLIA (Clinical Laboratory Improvement Amendments): ○ Purpose: Regulates laboratory testing to ensure accuracy and reliability. ○ Application: Follow proper testing procedures, maintain certification for lab tasks. 2. OSHA Standards (Occupational Safety and Health Administration): ○ Purpose: Ensure workplace safety and health. ○ Application: Proper disposal of biohazard waste, use of PPE, compliance with MSDS (Material Safety Data Sheets). 3. HIPAA (Health Insurance Portability and Accountability Act): ○ Purpose: Protect patient health information (PHI). ○ Application: Do not disclose PHI without consent, secure patient records. ○ Video: 11 most common HIPAA violations ○ Links to an external site. ○ 4. Patient’s Bill of Rights: ○ The Patient Bill of Rights (PBR) defines the rights and responsibilities of patients in health-related situations. It can help patients: Be treated with respect and dignity Participate in decisions about their health care Access emergency services Understand their diagnosis and treatment options Ask questions about their health care Request amendments to their medical records Refuse treatment, with some exceptions Define their rights when dealing with insurance companies ○ Purpose: Empower patients with rights regarding their care. ○ Application: Respect patients' rights to informed consent, privacy, and the ability to refuse treatment. ○ Additional resource ○ Links to an external site. ○ 5. HITECH (Health Information Technology for Economic and Clinical Health Act): ○ Purpose: Promote the use of electronic health records (EHRs) while protecting PHI. ○ Application: Encrypt patient data, report breaches promptly. ○ Video ○ Links to an external site. ○ 6. GINA (Genetic Information Nondiscrimination Act):  ○ Purpose: Protect individuals from discrimination based on genetic information. ○ Application: Do not use genetic data for hiring or insurance purposes. ○ Video ○ Links to an external site. ○ IV. Compliance with Legislation Ensure all actions comply with: ○ CLIA: Perform tests only within certification limits. ○ OSHA: Maintain a safe clinical environment. ○ HIPAA: Secure all patient records and communication. ○ Patient’s Bill of Rights: Uphold patients' dignity and choices. ○ HITECH: Implement secure practices for EHRs. ○ GINA: Avoid discriminatory practices. V. Patient Consent 1. When to Obtain Consent: ○ Before medical procedures or treatments. ○ When sharing patient information with third parties. 2. Types of Consent: ○ Implied Consent: Non-verbal agreement, such as presenting an arm for a blood draw. ○ Informed Consent: Written or verbal agreement after understanding the procedure, risks, and alternatives. VI. Advanced Directives Definition: Legal documents specifying a patient's healthcare preferences if they cannot communicate. Examples: ○ Living Will: Details life-sustaining treatments the patient does or does not want. ○ Durable Power of Attorney for Healthcare: Appoints someone to make healthcare decisions on behalf of the patient. Role of Medical Assistant: ○ Explain the concept clearly when appropriate. ○ Ensure the patient understands their options and rights. Key Review Questions 1. What tasks are included in the clinical medical assistant’s scope of practice? -Taking vital signs -Administering medication AS directed by a provider -Assisting in minor surgical procedures -Performing diagnostic test such as EKGs and Phlebotomy 2. How should you respond to a medication error? -Report the error immediately -Document it accurately -Communicate with patient if authorized 3. What is the purpose of the Patient’s Bill of Rights? -The purpose of the Bill of Rights is to empower patients wth rights regarding care 4. How does HIPAA protect patient privacy? - 5. What is the difference between implied and informed consent? -The difference between implied and informed is that implied is a non-verbal agreement example would be presenting an arm for a blood draw -Informed consent is written or verbal agreement after understanding the procedure risk and alternatives. 6. Why are advanced directives important for patients? -Advance directives are important because they specify the healthcare choices and preferences a patient has when they are unable to communicate.