...The Rights of Minors or their Parents to Consent to Medical Care Vanessa Lecoin University of Phoenix February 27, 2012 It is understood that under the age of 18 minors are considered to have their parents be legally responsible in all aspect of their lives including decision-making. The responsibility of the parents are to feed, clothe, financially support, shelter their children and in this case make medical decisions and sign consent to either participate or not participate in medical treatment. It is debatable on when the minors can at least participate in the decision-making process of their health care needs versus the parents pursuing to disregard their children’s feelings and make decisions despite their children’s concerns or wishes. The question is can minors be responsible in making decisions for themselves when it comes to his or her health care needs? The answer is yes, only if they are legally able to make that decision for his or herself ir if they are above the age of 18. Many minors may appear to have the knowledge and understanding to make their own decisions such as whether or not to engage in sexual activities, to drink or not drink alcoholic beverages, to smoke cigarettes, or other illegal substances. The decisions gets more in-depth when taking into consideration what types of birth control to use such as the pill and other forms of birth control contraceptives to used as precautions to lessen chances of potential pregnancies and condoms to...
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...transmitted diseases STDs). The following is a breakdown of the ethical implications of a breach of confidentiality, the ethical theory, the alternatives to breaching confidentiality using the framework of ethical decision making and the role of the ethics committees. Ethical Implications of a Breach of Confidentiality A confidentiality breach is when patient information is disclosed to a party that is not a direct part of the patients’ healthcare team without obtaining the appropriate patient consent (American Medical Association, 2012). It is important for the nurse to maintain confidentiality to gain the patients trust, except in situations that are required by law to be reported. When confidentiality is breached many ethical implications arise. Some of these implications are losing a patients’ trust and disclosing information to parties that is not required by law, which could cause harm to the patient. In the article “Bioethics on NBC’s ER: Betraying Trust or Providing Good Care? When is it OK to Break Confidentiality?” the nurse did the right thing by breaking patient confidentiality in revealing to the parents that their minor child had cervical cancer. This breach in confidentiality was warranted by the fact the parents needed to know to ensure medical care was provided to the child. However, the nurse revealing the...
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...Global Econ – Luis California Department of public health Trough the Medical Cannabis Dispensary program and Medical Marijuana Program (MMP), the California Department of public health regulates, permits and inspects medical cannabis dispensaries in cities like San Francisco Medical Cannabis Dispensary Program This program regulates medical cannabis dispensaries in accordance with the state and local laws, it has the duty to inspect per permitted medical cannabis dispensary twice annually and respond to complaints. The California Department of Public Health (CDPH) administers the Medical Marijuana Identification Card (MMIC) program. The Medical Marijuana Program (MMP) was established to provide a voluntary medical marijuana identification card issuance and registry program for qualified patients and their caregivers. What is the Medical Marijuana Program (MMP) and what does it do? The California Department of Public Health (CDPH) manages the State’s MMP as authorized by SB 420. Several counties also use the term “MMP” for their programs. The MMP developed the “Medical Marijuana Identification Card” or “MMIC” and operates the internet system to verify these MMICs. The MMIC identifies the cardholder as a person protected under the provisions of Prop 215 and SB 420. It is used to help law enforcement identify the cardholder as being able to legally possess certain amounts of medical marijuana under specific conditions. In order to qualify for it the person...
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...Insurance Portability and Accountability Act (HIPAA) A shadow chart (not part of the legal medical record) is a copy of original health record retained apart from the primary custodial area used primary by health care providers in their office or clinic setting. Independent databases are often created by researchers and may not include the same content as the original health record. In case of a late entry (addendum) in one, shadow chart or independent database, that is used to add information to a previous entry must have the title addendum, date, time, the reasons of creating the addendum referring back to the original entry (Legal Medical Records Standards). Information technology staff can help decrease incidents of security breaches by implementing screen protectors in all computers, by providing logging accreditation to all personnel, by using network security software and hardware, by monitoring the safety of the network and by educating, reporting and enforcing any HIPAA violation. In case of disclosure of unauthorized protected medical information such as providing a copy of medical records to a friend of a patient without written authorization from the patient may result in fines and imprisonment to the institution and individuals involved in such HIPAA violation. HIPAA defines as criminal the use or disclosure (by individuals or institutions) of confidential medical information of a patient for any other purposes than treatment, payment, or health care operations...
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...However, an unnecessary breach in confidentiality can cause trouble for a physician. A breach of confidentiality occurs when a patient's private information is disclosed to a third party without his or her consent. Exceptions to breaching include disclosure to state health officials and court orders requiring medical records to be produced. Patient confidentiality is protected under state law, and if a patient's private information is disclosed without authorization and causes some type of harm to the patient, he or she could have a cause of action against the medical provider (Bord, et al.). This could range from malpractice, invasion of privacy, or even falsifying information. Of course, if the patient consented to the disclosure, no breach occurred. The duty of confidentiality continues even after a patient has stopped seeing or being treated by that particular doctor. The duty also survives after the death of a patient, meaning if the patient passes away, his or her medical records and information are still protected by doctor-patient...
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...special case of minors where in most cases, parents are the personal representatives for their children. Since young children may not make sound judgment and parents provide for them financially, many agree parents should be able to make medical decisions and have disclosure of their child’s medical records. However, there is a gray area that is illustrated in the case concerning the 14-year-old patient requesting oral contraceptives. Over recent years, it has been recognized by many state governments and the U.S. Supreme Court that many minors will forgo important sexual and reproductive healthcare services while still being sexual active if parental involvement is mandatory (An Overview of Minors’ Consent Law, 2014). The main argument revolves around whether minors can provide informed consent. There are individuals who argue that competency and maturity are not automatically bestowed at the age of 18, therefore to withhold privacy rights for minors would be wrong (Minors’ Access to Contraceptive Services, 2014). In the court case Carey v. Population Services International, the U.S. Supreme Court ruled that the "right to privacy in connection with decisions affecting procreation extends to minors as well as adults (Carey v. Population Servs. Int'l, 1977). Currently, there are 26 states and the District of Columbia who permits all minors aged 12 and older to consent to contraceptive, prenatal, and STI services while 20 states allow certain categories of minors to consent to...
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...Ballaro and Geraldine Wagner entitled Abortion and Minors: An Overview. This article discusses the issue of medical abortions performed on minors and the medical risks involved. It also discusses the rights of the young mothers and whether or not it should be lawful to mandate that their parents must be notified in advance of an abortion. Since girls under the age of eighteen are legally minors, and an abortion is a serious procedure, it is necessary to explore whether or not notifying the parents of these girls should be considered lawful. In the article Abortion and Minors: An Overview, the authors discuss various points on parental permission for abortions performed on minors. Providing statistics and background information, the authors go on to discuss the practices of different laws across the United States. The best interests of the minors in question and whether or not those minors are physically and psychologically advanced enough to handle to short and long-term physical and emotional affects of abortion. The article closes with advancements and changes in the laws regarding teen abortion today and where the future of the issue might be headed. The authors provide many facts and statistics regarding underage abortion. They state that teen abortions actually only make up a small percentage of the abortions in the United States. They also state that there are currently thirty-six states with laws regarding abortion and minors and that nine of the states with laws are not...
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...Ethical Decision Making Process: The Case Study of Gentry As counselors, we are responsible for promoting the mental, emotional and physical well-being of our clients. Sometime promoting the welfare of clients is not as simplistic and straightforward as it is in textbooks. There will be times when we, as counselors, face the challenge that is an ethical dilemma. When deciding how to manage these types of situations there are ethical, legal and moral considerations. The American Counseling Association has established the ethical guidelines for counselors. The legal obligations counselors must adhere to are established by the federal government and state legislation. Moral principles that counselors reflect upon are autonomy, nonmaleficence,...
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...Ethical Frameworks in Practice Maria Merritt Grand Canyon University Ethical Decision Making NRS-437V Teresa Ortner May 8, 2016 Applying Ethical Frameworks in Practice Case Scenario: A 6-year-old develops a high fever accompanied by violent vomiting and convulsions while at school. The child is rushed to a nearby hospital. The attending physician makes a diagnosis of meningitis and requests permission to initiate treatment from the parents. The child’s parents are divorced. The mother, who is not the biological parent of the child, has primary custody. She is a Christian Scientist who insists that no medical treatment be offered for religious reasons. The biological father, who resides in another state, is also contacted. He insists that treatment be given and seeks independent consultation from another physician. Introduction Nurses and healthcare workers are faced with ethical dilemmas on a daily basis. In order to determine how to address these dilemmas as they arise a systematic approach should be utilized to achieve a reasonable solution to resolve the issue in question. To make ethical decisions there must be a consideration of the problem and values in conflict, persons involved, the potential consequence of the proposed encounter and the moral reasoning practice chosen to resolve the dilemma. Uustal (1993) offers a systematic approach and nine steps to assist in the decision making process as applied to ethical dilemmas in healthcare. Uustal's model is much...
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...preserved and having being strapped down to receive the replacement of the tube used to administer the chemotherapy drugs. She wants to protect her human life especially her adolescent life when it has a disease, she just doesn’t want drugs going into her body. An adolescent like Cassandra wants to do what they think is right for their body. Another concern is the doctors having the values of being able to make informed decisions about her medical care. Perhaps their not really going to listen to a minor when it comes to their health. For example, she still has the Chemotherapy scenario she never wanted to go into her body. But, however, in this...
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...debate: should a nurse ever breach confidentiality? In “Bioethics on NBC’s ER: Betraying Trust or Providing Good Care? When is it Ok to Break Confidentiality?” written by Pamela G. Nathanson, Carol Hathaway, a character that portrays a nurse in a television show, comes face to face with dilemma that could lead to a breach of confidentiality. After gaining the trust of two teenage girls, Hathaway worries about what would happen if she protects the confidentiality of the girls after learning about one of their diagnoses. Andrea, one of the teenagers who attended a sex party, was diagnosed with not only human papillomavirus but also cervical cancer. If Hathaway does not notify Andrea’s parents of her illness, then Andrea would not receive proper medical care, especially due to her age. Additionally, Hathaway does not know whether or not the school should be notified about a recent sex party and the possible spread of the human papillomavirus (Nathanson, 2000). Every individual has the...
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...surrounding the debate. Sarah Glazer, author of the article “Roe v. Wade at 25,” discusses the 1973 Supreme Court cases that legalized abortion, which thus sparked unprecedented social change and the unsettling debate of abortion. One major aspect regarding this issue is parental consent; it is still undetermined [on both a state and federal level] whether parents should be involved in a minor’s decision to terminate a pregnancy. The following sources provide both pro-life and pro-choice perspectives over whether parental consent should be required or not. Many of the sources supported the idea of parental consent through a pro-life perspective. In Charles S. Clark’s article titled, “Teenagers and Abortion,” he expresses the idea of how parents have the right to be involved in any medical decisions regarding their child and suggests that teens may be too immature to make a grave, life-changing decision on their own. Hyman Rodman, author of “Should Parental Involvement be Required for Minors Abortions,” expresses the idea of how parental consent can benefit teens as they are able to make a better decision about their pregnancy with the input of their parents. Rodman also believes the overall health of teens will benefit from parental consent as there would be fewer black market abortions if teens received support from their parents. Of all the authors promoting parental consent, Kenneth Jost, author of the article “Abortion Debates,” strongly expresses a pro-life perspective over the parental...
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...that other procedures or treatments may be needed once this procedure has begun. I agree to any such procedure or treatment to accomplish the original procedural goal. ● I agree to sedation (medicine to help me relax or sleep) during the procedure. I am aware of the beneˇts, risks, alternatives and possible complications of sedation. ● I have been told the Medical Center has training programs. I agree to others being present and to photographs or videos of my procedure or treatment being taken for training purposes. I can ask that this ˇlming be stopped at any time. ● I agree that tissues or items removed from my body may be tested. I understand they will be disposed of with respect or stored for future studies. ● I agree my blood may be tested if a work force member is exposed to my blood or body ˇuids. I understand blood or body ˇuids may carry disease, including HIV. I have read this form or it has been read to me. All my questions have been answered. I agree that __________________________________ or someone that he or she selects may do this procedure. Patient Has Decision-Making Capacity Emergency...
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...Applying Ethical Frameworks in Practice Grand Canyon University Ethical Decision Making in Health Care NRS-437v Ethical Decision Making in Health Care January 12, 2014 Breeching Confidentiality Being a nurse patient confidentiality is common knowledge and we all know it is to be treated with the up most respect. In nursing school this is taught; it is part of the Nursing Code of Ethics. It is a nurse’s duty to keep patient information confidential. (American Nurses Association, 2012). However instances exist that allow for a break in this rule. In fact there are some instances where it would be a violation of a rule to not share a patient’s information. If a patient was to come into the emergency room with cuts to his or her arm and confided in you the nurse that he does not want to live anymore; it is then your duty as the nurse to report this information as the patient is at risk for harming himself. There are also certain diseases you must report by law if identified. This paper will go over reasons and times when it is ethically and legally expected to breech confidentiality, what you can do in place of a confidentiality breech and how to make an ethical decision. Nurses are told personal information from patients; the law all personal information to be kept private. Clients will volunteer everything in assumption that trust will be upheld and their personal information will only be used for their medical needs. Breaking confidentiality is when a patient’s information has...
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...Final Essay Cassandra C., was a 17- year- old girl faced with the daunting diagnosis of cancer. Her future would contain multiple chemotherapy treatments that would bring her to the brink of death. This thought would scare anyone, much less a young 17 year old. Cassandra decided that she simply did not want to undergo the chemotherapy treatments, instead undergo natural treatments. She knew that there would be a larger probability of death with this decision. Although she knew this fact, she still refused to undergo any type of chemotherapy treatments. Her mother respected her decision and because of this the state took Cassandra away from her mother’s custody and forced Cassandra to undergo chemotherapy to ensure life. Cassandra is alive...
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