Flashcards in OTA 100 - Ch. 8 Ethics Deck (32)
The study and philosophy of human conduct.
Professional Code of Ethics (define)
A public statement of principles used to promote and maintain high standards of conduct within a profession. Guidelines for making proper choices.
Principles included in OT Code of Ethics
• Provide appropriate evaluation/plan of intervention
• Reevaluate/reassess in timely manner for goal achievement
• Provide OT services within level of competence (and ensure delegated work is as well)
• Use careful judgment; weigh potential for harm
• Maintain competency/continuing education
• Terminate OT services in collab. with client or responsible party when services no longer beneficial
• Refer to other health care specialists based on needs of client
• Conduct/disseminate research within ethical guidelines
No harm; uncompromised care
• Avoid inflicting harm
• Avoid abandoning the service recipient
• Take appropriate action to remedy personal problems/limitations
• Avoid any undue influences
• Address impaired practice and when necessary report to authorities
• Avoid dual relationships/conflicts of interest
• Avoid sexual activity with client
• Avoid compromising rights or well-being of others based on arbitrary directives (ie: unrealistic productivity expectations)
• Avoid exploiting any relationship to further one’s own’s interests
• Avoid bartering for services
Client choice; transparency
• Respect and honor expressed wishes
• Fully disclose benefits, risks, potential outcomes of intervention
• Obtain consent to ensure voluntariness
• Establish collaborative relationship/shared decision making
• Respect right to refuse OT services
• Refrain from threatening, coercing, deceiving clients
• Respect research participant’s right to withdraw
• Maintain confidentiality of all communication
• Display responsible conduct/discretion when social networking
• Facilitate comprehension and address barriers to communication
Advocacy; legality; access
• Respond to requests for OT services in timely manner
• Assist those in need of OT to secure access
• Address barriers by offering financial aid, charity care, or pro bono services
• Advocate for changes to systems/policies that are discriminatory
• Maintain awareness of laws and AOTA policies
• Inform colleagues of applicable laws/policies
• Hold requisite credentials
• Provide appropriate supervision
• Obtain approvals prior to research
• Refrain from accepting gifts
• Report any acts in practice, educ. and research that are unethical/illegal
• Collaborate with employers for policies in compliance with legal, regulatory, ethical standards
• Bill/collect fees legally and justly
• Ensure compliance with laws and promote transparency
• Ensure documentation for reimbursement follows laws
• Refrain from actions resulting in unauthorized access to educational content
Honesty in presentation; integrity in care
• Represent credentials and findings accurately
• Refrain from using false, fraudulent, deceptive, misleading, unfair information
• Record and report info related to professional or academic documentation and activities
• Identify and disclose errors or adverse events that compromise safety of clients
• Ensure marketing and advertising is truthful
• Describe type and duration of OT accurately in contracts
• Be honest, fair, accurate, respectful and timely re: employee or student job performance
• Give credit and recognition when using others ideas
• Provide students with access to accurate info
• Maintain privacy in telecommunications
Respect; privacy; selflessness
• Preserve, respect, safeguard private info
• Address incompetent, disruptive, unethical, illegal or impaired practice
• Avoid conflicts of interest or commitment
• Avoid using one’s position to give rise to conflict of interest
• Be diligent stewards of human, financial and material resources; do not exploit these resources
• Refrain from verbal, physical, emotional, or sexual harassment
• Refrain from communication that is derogatory, intimidating or disrespectful
• Promote collaborative actions/communication
Concern for the well-being and safety of the recipients of services. Taking action by helping others; promoting good by preventing and removing harm.
To abstain from causing harm to others. To not impose risks of harm even if potential risk is without malicious or harmful intent. Goals pursued justify the risks that must be imposed to achieve those goals (ie: treatment that has pain will over time benefit the client).
Respect the right of client to self-determination, privacy, and consent. Allowing client to decide goals for intervention; involve authorized agent when needed. Protect confidential information.
OTP shall promote fairness and objectivity in provision of services. Respect and consistently follow applicable laws. Generate unbiased decisions.
Provide comprehensive, accurate and objective information when representing the profession. Use truthfulness, candor and honesty in transmission of info and foster understanding. Requires thoughtful analysis of how full disclosure of info may affect outcomes.
Treat clients, colleagues and other professionals with respect, fairness, discretion and integrity. Keep commitments. Maintain respectful collegial and organizational relationships.
An organization’s adherence to laws, regulations and policies applicable to its operations. Violations may result in punitive action.
Function as independent/objective body within organization. Responsibilities:
• Primary point of contact for compliance concerns
• Direct compliance issues to appropriate resources for resolution
• Represent internal resource with whom concerned parties may communicate
• Facilitate requests from external entities on behalf of organization re: compliance issues
• Report violations
• Maintain confidentiality of reporters
Where to go when reporting issue to compliance officer incurs retaliation?
Office of Inspector General (OIG)
Confidentiality vs. Anonymity
“Confidential” reporting id’s reporter to compliance officer who transfers legal protection to reporter. Best protection.
“Anonymous” reporting cloaks id of reporter, and can be hard to maintain. Does not allow protections if id is discovered.
Steps for reporting compliance issue
*1) Stop engaging in activity thought to be violation
*2) Discuss with immediate supervisor
*3) Contact compliance officer or hotline
4) If unable to resolve, depending on issue, refer to HHS, OIG, state ombudsman, Attorney General, AOTA, or seek professional legal counsel.
Ethical Decision-Making Model (Five steps of principled reasoning)
5) Monitor and Modify
3 Ethics Guides
1) Are you treating others as you would want to be treated?
2) Would you be comfortable if your decision were to be publicized?
3) Would you be comfortable if your children were observing you?
Ethical dilemma vs. ethical distress
Ethical dilemma = situation in which 2 or more ethical principles collide, making it difficult to determine best action. Involve 2 courses of action.
Ethical distress = situations that challenge how practitioner maintains integrity of the profession. Involves feeling that something is amiss; need to work through ethical decision-making process.
Locus of authority
Situation that requires a decision about who should be the primary decision maker. (ie: when client’s cognitive abilities are disabled, etc.)
Knowledgeable and voluntary agreement by which client undergoes intervention in accord with client’s values and preferences. (Falls under “Autonomy”)
Law passed by most states requiring reporting of suspected child abuse and neglect. Health care providers who fail to report may be criminally liable.
Statutes vs. Regulations
Statutes = laws enacted by legislative branch of govt. Federal or State. Next legal level under Constitutions.
Regulations = developed by an agency to implement/enforce a law; describe in specific terms how intent of that law will be carried out.
*Both affect the practice of OT*
Understanding the client’s diagnoses, strengths, weaknesses, prognosis, and goals to develop and provide interventions and make adaptations. Requires problem solving and professional judgment—improves with experience. Use with morals and ethics when making decisions.
6 Steps to Resolve Ethical Problem
1) Gather facts
2) Identify type of ethical problem (distress/dilemma/locus of authority) and principles involved (beneficence, autonomy, etc.)
3) Clarify duties as outlined in Code of Ethics (ie do no harm, be truthful, etc.)
4) Explore alternatives (incl outcome and consequences of actions)
5) Complete the action
6) Evaluate the process and outcome