NUR 450 Legal Aspects & Ethical Issues in Profession 1st Semester 1446H Lecture 2 PDF

College of Nursing Nursing Management and Education Department NUR 450 Legal Aspects and Ethical Issues in Profession 1st semester 1446H Lecture 2 By: Dr. Rawaih Falatah  Outline Patients’ Bill of Right...

College of Nursing Nursing Management and Education Department NUR 450 Legal Aspects and Ethical Issues in Profession 1st semester 1446H Lecture 2 By: Dr. Rawaih Falatah  Outline Patients’ Bill of Rights (international and KSA) Article 27 and 31 of the Basic Laws of Saudi Arabia The Ministry of Health Patient's Bill of Rights (PBR) 2006 Application of Clients’ Bill of Rights in Nursing Care Have you ever read the basic law of KSA? What do yo think articles 27 and 31 about?  International Patients’ Bill of Rights World Health Organization (WHO): General principles of patient rights Universal Declaration on Bioethics and Human Rights: Ethical principles related to health care Key Rights: Access to healthcare without discrimination Right to participate in decision-making Right to access medical information  Bills of right in the USA system 1. The Residents’ Bill of Rights 2. The Advisory Commission on Consumer Protection and Quality in the Health Care Industry 3. the National Association for Home Care (NAHC) 4. Model patient bill of rights 5. Nursing home residents’ bill of rights 6. TJC standards, and The American Hospital Association Bill of Rights for Patients “Communicating with Non– English-Speaking Patients”  The residents’bill of right in the USA Bill of Rights (the first 10 amendments of the Constitution), which protects a variety of rights such as one’s right to freedom of speech, trial by jury, free exercise of religious preference, and freedom from unreasonable search and seizure (United States Constitution, Amendments 1–10, 1787 ).  Continue (10 amendments of the Constitution 1. The right to freedom from abuse, mistreatment, and neglect 2. The right to freedom from physical restraints 3. The right to privacy 4. The right to accommodation of medical, physical, psychological, and social needs 5. The right to participate in resident and family groups 6. The right to be treated with dignity 7. The right to exercise self-determination 8. The right to communicate freely 9. The right to participate in the review of one’s care plan, and to be fully informed in advance about any changes in care, treatment, or change in status in the facility 10. The right to voice grievances without discrimination or reprisal ( Nursing Home Reform Act of 1987 , section 483.10) The Advisory Commission on Consumer Protection and Quality in the Health Care Industry Adopted eight areas of consumer rights: 1. Information disclosure: Consumers have the right to receive accurate, easily understood information, and some require assistance in making informed health care decisions about their health plans, professionals, and facilities. 2. Choice of providers and plans: Consumers have the right to a choice of health care providers sufficient to ensure access to appropriate high- quality health care. Public and private group purchasers should, whenever feasible, offer consumers a choice of high-quality health insurance products. Small employers should be provided with greater assistance in offering their workers and their families a choice of health plans and products.  Continue 3. Access to emergency services: Consumers have the right to access emergency health care services when and where the need arises. Health plans should provide payment when a consumer presents to an emergency department with acute symptoms of sufficient severity, including severe pain, such that a “prudent layperson” could reasonably expect the absence of medical attention to result in placing that consumer’s health in serious jeopardy, serious impairment to bodily function, or serious dysfunction of any bodily organ or part. 4. Participation in treatment decisions: Consumers have the right and the responsibility to fully participate in all decisions related to their health care. Consumers who are unable to fully participate in treatment decisions have the right to be represented by parents, guardians, family members, or other conservators.  Continue 5. Respect and nondiscrimination: Consumers have the right to considerate, respectful care from all members of the health care system at all times and under all circumstances. An environment of mutual respect is essential to maintain a quality health care system. Consumers must not be discriminated against in the delivery of health care services consistent with the benefits covered in their policy or as required by law based on race, ethnicity, national origin, religion, gender, age, mental or physical disability, sexual orientation, genetic information, or source of payment. Consumers who are eligible for coverage under the terms and conditions of a health plan or program or as required by law must not be discriminated against in marketing and enrollment practices based on the preceding discrimination factors.  Continue 6. Confidentiality of health information: Consumers have the right to communicate with health care providers in confidence and to have the confidentiality of their individually identifiable health care information protected. Consumers also have the right to review and copy their own medical records and request amendments to their records. 7. Complaints and appeals: All consumers have the right to a fair and efficient process for resolving differences with their health plans, health care providers, and the institutions that serve them, including a rigorous system of internal review and an independent system of external review.  Continue 7. Consumer responsibilities: In a heath care system that protects consumers’ rights, it is reasonable to expect and encourage consumers to assume reasonable responsibilities. Greater individual involvement by consumers in their care increases the likelihood of achieving the best outcomes and helps support a quality improvement, cost-conscious environment. Such responsibilities include taking responsibility for maximizing healthy habits, such as exercising, not smoking, and eating a healthy diet, becoming involved in specific health care decisions, and working collaboratively with health care providers in developing and carrying out agreed-upon treatment plans. (Advisory Committee on Consumer Protection, 1997, pp. 1 – 8 ) Model patient bill of rights  Nursing home residents’ bill of rights The Nursing Home Residents’ Bill of Rights is a set of legal protections designed to ensure that individuals living in nursing homes receive care and treatment that respects their dignity, rights, and well-being. Right to: Dignity and Respect Quality Care Participate in Care Decisions Privacy Freedom from Abuse and Neglect Freedom of Expression Grievance and Complaint Processes Personal Property Access Information  Communicating with Non–English-Speaking Patients 1. Use a hospital-provided translator if at all possible. These individuals are more accustomed to medical phrases and conditions and are less likely to be affected by “false fluency,” the incorrect use of a word or phrase or the use of a term for which there is no direct translation. 2. Even when using a hospital-provided translator, avoid medical jargon and use words or phrases that are more easily understood by people outside of health care. 3. If this is the first time you have worked with this translator, take a few minutes to speak with the translator. Inform the translator in advance of the subjects to be covered and the potential questions. Ensure that he or she will translate the words as literally as possible or inform you when there is no literal translation.  Continue 4. Ensure in advance that the translator understands the need for confidentiality and that anything said during the session is confidential. Make sure that the patient also understands that anything he or she says is confidential. 5. When questioning the patient, speak directly to the patient as if the translator was not present. Do not speak through the translator. This allows your words to be translated exactly as you have spoken them.  Continue 6. Look at the patient while the translator speaks to the patient and when the patient replies. Pay attention to the patient’s nonverbal body language as well as the spoken words. 7. Speak slowly and pause frequently, so that the translator can complete each question and the patient can respond. Avoid compound sentences as much as possible, as the translator or the patient or both may become confused and you will not get the information you need. 8. When completing the session, ask if there are any questions and allow sufficient time for the patient to answer. If instructions have been given, it is a good idea to have the patient repeat the instructions so that you can validate patient understanding.  Which of those bills of right is similar to the MOH bill of right? What item/s you will add to this bill of right to make it suitble to our national context?  Basic Laws Saudi Arabia's Article 27 The State shall guarantee the rights of citizens and their families in exigent circumstances as well as in sickness, disability, and old age, and shall support the social security system and encourage institutions and individuals to participate in charitable work. Article 31 The State shall be responsible for public health and shall provide health care to every citizen  The Saudi Ministry of Health Patient's Bill of Rights The policies and laws that the health facility is obligated to protect and preserve towards patients and their families.  The Saudi Ministry of Health Patient's Bill of Rights 1. Rights of Patients and Their Families (12 11. Visitors’ Rights items) 12. Responsibilities of Patients, Family 2. Pediatric Patients’ Rights Members, and Companions 3. Elderly Patients’ Rights 13. Visitors’ Responsibilities Patients’ Rights in: 4. Rights of Patients with Disabilities 14. Reception 5. Cancer Patients’ Rights 15. Laboratory Department 6. Rights of AIDS Patients 16. Pharmacy Department 7. Mental Patients’ Rights 17. Radiology Department 8. Rights of COVID-19 Patients 18. Clinics 9. Women’s Health Rights 19 Private Facilities 10. Companions’ Rights Application of Patients’ Rights in Nursing Practice  Implementation of Patient Rights in Daily Care Informed Consent: Practice: Nurses must ensure patients are fully informed about their treatment options and procedures. This involves explaining procedures, risks, and benefits clearly and obtaining consent before proceeding. Example: Before administering a new medication, a nurse explains its purpose, potential side effects, and answers any questions the patient might have. Privacy and Confidentiality: Practice: Nurses should maintain patient confidentiality and ensure privacy during examinations, conversations, and in the handling of medical records. Example: Conducting patient assessments in private rooms and using secure systems for storing patient information. Respect and Dignity: Practice: Providing care that respects patients’ dignity, personal preferences, and cultural or religious beliefs. Example: Allowing patients to choose their preferred method of communication and respecting personal space during care.  Addressing Challenges in Application Resource Limitations: Challenge: Limited time and resources can impact the ability to fully adhere to all patient rights. Solution: Prioritize key aspects of care and advocate for additional resources or support where possible. Cultural Sensitivities: Challenge: Cultural differences may affect how patients perceive and exercise their rights. Solution: Be aware of and respect cultural practices and beliefs, adapt care practices to meet diverse needs. Communication Barriers: Challenge: Language barriers or health literacy issues can impede effective communication about rights. Solution: Use translation services, visual aids, or simplify language to ensure clear understanding.  Best Practices for Upholding Patient Rights Ongoing Education: Practice: Nurses should engage in continuous education about patient rights and legal requirements to stay informed and compliant. Example: Attend workshops or training sessions focused on patient rights and ethical care. Advocacy: Practice: Act as an advocate for patients, ensuring their rights are upheld and addressing any concerns or grievances they may have. Example: Help patients file complaints or seek resolutions if their rights are being compromised. Documentation: Practice: Maintain accurate and thorough documentation of care provided, consent obtained, and any issues related to patient rights. Example: Documenting informed consent discussions and any changes in the patient’s condition or preferences.  Refrences Advisory Commission on Consumer Protection and Quality in the Health Care Industry. (1997). Consumer bill of rights and responsibilities: Report to the president of the United States. Washington, DC: U.S. Government Printing Office. National Association for Home Care. (1996). Model patient bill of rights. Washington, DC: Author. The Saudi MOH PBR Ministry of Health Patient Rights https://www.moh.gov.sa/awarenessplateform/Patientsrights/Pag es/PatientsRights.aspx WHO PBR Legal & Ethical Issues in Nursing, 7th edition Ginny Wacker Guido2020