The Health Care Consent Act (HCCA) sets out explicit rules and specifies when consent is required and who can give the consent when the client is incapable of doing so (College of Nurses of Ontario (CNO), 2009). According to the HCCA (1996), there is no minimum age for providing or refusing consent in Ontario. A person is capable if he or she understands the information given that is relevant to making a decision concerning the treatment, and can appreciate the anticipated consequences of both accepting or declining a treatment. (Keatings
When working with children there are many ethical considerations should be kept in mind to ensure that the children are kept psychologically and physically safe. First consent must be gained for a child to be able to participate in research; this can be a complex process in comparison to gaining consent from adults. People under the age of 18 are not considered legally capable of providing consent for themselves so consent can sometimes be given by parental guardians, social workers or teachers. When research is conducted within a sports club, community group or school setting, such as the research conducted for this report, the researcher can obtain consent from the person in charge of the setting for example a sports coach, principle teacher
Informed consent is the process by which the treating health care provider discloses appropriate information to a competent patient so that the patient may make a voluntary choice to accept or refuse treatment. (Appelbaum, 2007)1 It originates from the legal and ethical right the patient has to direct what happens to her body and from the ethical duty of the physician to involve the patient in her health care. In order for the consent to be valid, the patient must be competent to take the particular decision; have received sufficient information to make a decision; and not be acting under stress.2,3 This may be an issue if consent is obtained upon the day of surgery. Most patients will have firmly decided to proceed for surgery. However,
Although adolescence and young adulthood are generally healthy times of life, several important public health and social problems either peak or start during these years (Healthy People, 2015). For this discussion, I selected the scenario involving an adolescent Hispanic/Latino boy living in a middle-class suburb. When performing the health history interview of an adolescent many factors must be considered. Practitioner must also keep an open mind and respect patient cultural beliefs and values. “Family, religious beliefs, communication, and health beliefs have been noted in the literature as important cultural influences for Hispanic patients” (Hicks, 2012).
Electronic Health Records and Patient Confidentiality Technology has become an essential part of our everyday life therefore, it makes sense that doctors and hospitals get rid of the old fashioned paper charting and use technology to access patient records. Electronic health records (EHR) provide quick access to information, as doctors no longer have to wait for other providers to fax previous records to them. The accessibility of Electronic Health Records assist medical providers to make quick medical care decisions, by accessing previous care provided to patients including treatment and diagnosis. Quick access to information through EHR enables health care providers to treat patients faster as there is no need for records to be mailed or
A second legal and ethical issue questioned is whether the patient has decisional capacity and has the ability to participate in autonomous decisions. Decisional capacity is not defined strictly by chronologic age. Many authors agree that children under age 13 years do not have the capacity to make decisions regarding serious intervention such as bariatric surgery (Inge et al., 2004a). Assent for surgery must be taken from the child/adolescent patient, and informed permission must be reported from the parents/guardians before surgery. Most of experts generally consider the age range of 8-14 years to be candidate for assent, with younger children unable to give meaningful participation in medical decisions and older individuals capable of giving
However, it is also very important that one must not imagine that a patient lacks the capacity to make a decision exclusively because of their medical condition, behavior, beliefs, apparent inability to communicate, age, appearance, disability, or the fact that they make a choice that one opposes with. The validity of consent is in two forms, voluntary and informed. Voluntary, the choice to either consent or not to consent to treatment have to be made by the individual themselves, and must not be subjective by force from medical staff, friends or family. Relating to the use of capacity and the morality, the Mental Capacity Act (2005) is also relevant to people aged 16 years and older, and states that no judgement should be presumed unless it is established that he or she does not have a capacity. Capacity is treatment specific and can fluctuate.
(September 30, 2013) - The Department of Health and Human Services (HHS) published amended rules applicable to the Health Insurance Portability and Accountability Act (HIPAA) of 1996 in January 2013. As explained by the Secretary of HHS, healthcare has experienced significant changes since HIPAA was enacted in 1996. The implementation of electronic medical records is just one of those changes. The new HIPAA regulations are designed to provide patients with better privacy protection, and additional rights not included in the original HIPAA rules.
Therapy can be used for many different reasons. Whether it be for one’s physical or mental and emotional health. Both have the potential to help young people and harm young people. Conversion/Reparative therapy is used to treat people who have same sex attractions and is meant to change one’s sexuality to a heterosexual. Some believe that it is wrong to like someone of the same gender, or wrong to change gender.
Health Insurance Portability and Accountability Act-HIPAA, was introduced in Congress as the Kennedy-Kassebaum Bill and later passed in 1996. Before HIPAA, there was no federal standardization when it came to health care programs and information, and it was up to the state to create these rules and regulations. The rules and regulations were also fragmented among government agencies. Since there was no standard authority to combat against fraud and abuse in state and federal health care programs, it became a major issue that could not be ignored. For this reason, HIPAA was created with the objective to provide provisions for the prevention of fraud and abuse, and to ensure that individuals would be able to maintain their health insurance between
The Health Insurance Portability and Accountability Act, or HIPAA, was passed by the U.S. Congress and signed by President Bill Clinton in the year 1996. As a broad Congressional attempt at healthcare reform HIPAA was first introduced into Congress as the Kennedy-Kassebaum Bill named after two of its leading sponsors. The law has several different purposes that mainly focus on the protection of the healthcare provider and their patient depending on the circumstances and situations that may typically occur in a medical environment. The act itself was passed with two main objectives.
In the health care field, the concept of informed consent allows patients to make their own decisions regarding their health care. A patient and physician have a discussion about the details of a medical process. They must discuss risks, alternatives and outcome of treatment. If a patient agrees to the terms of treatment then they are allowing or giving consent to the physician. Patient education and communication are vital during this process.