4.2 Legal and Ethical Responsibilities of Healthcare Professionals
Christine Malone, EdD
Healthcare professionals have a duty to uphold laws and adhere to ethical guidelines in their practice. The rights and safety of patients must be protected by all healthcare professionals, whether in clinical or non-clinical roles.
All healthcare professionals are responsible for maintaining appropriate professional boundaries with patients. This includes showing patients respect and remaining formal and professional with them while in the healthcare setting. Many healthcare organizations prohibit employees from engaging in personal relationships with patients to maintain trust and professionalism.
Healthcare professionals must also protect PHI. This is not only a legal obligation under HIPAA but also an ethical responsibility. There may be times when this is difficult to do. For example, if a patient’s spouse calls and requests information about their spouse’s condition or treatment, that information cannot be disclosed without the patient’s consent. While this may cause the patient’s spouse to become frustrated or even angry, healthcare professionals must follow the law.
Healthcare professionals are considered mandatory reporters, which means that under law, they are required to report certain conditions, such as child abuse, elder abuse, and the neglect or exploitation of a vulnerable adult. Healthcare professionals do not need to obtain consent from the patient, caregiver, parent, or guardian to report these conditions. Because healthcare professionals are mandatory reporters, any employee in a medical facility has the legal duty to report abuse or suspected abuse.
Healthcare professionals that neglect to report these conditions may be held liable if the patient suffers harm that could have been avoided had the condition been reported. For example, if a child who is a victim of abuse is seen in a medical facility, the healthcare professional fails to report the suspected abuse, and the child later suffers further harm that could have been avoided by reporting the initial harm, the healthcare professional may be held responsible.
It is important to note that healthcare professionals cannot be sued for reporting suspected abuse. In other words, if a healthcare professional reports suspected child abuse and an investigation by authorities finds that no abuse occurred, the parent or guardian cannot sue the healthcare professional.
Certain medical conditions are also subject to mandatory reporting. In Washington state, this list is published on the Washington State Department of Health (n.d.) website under Notifiable Conditions. These conditions must be reported because they may present a public health hazard. This list is regularly updated as new conditions and diseases emerge.
Also, as outlined in the PSQIA, healthcare professionals must report any activity they believe could result in poor outcomes for their patients. Examples include:
- A medical assistant observing a provider treating patients while impaired
- A medical receptionist noticing that a provider is ordering more treatments than other providers for patients with the same condition
- A medical billing specialist observing that a provider consistently coding for services at higher levels than those noted in the patients’ medical charts
Rights of the Healthcare Provider
While healthcare providers must adhere to rules and regulations in the practice of their duties, they also have certain rights that protect them. These include the right to:
- Determine where they will practice and the hours they will practice
- Pursue their chosen specialty
- Dismiss patients from care under certain circumstances (such as non-compliance with treatment, non-payment of medical bills, or unacceptable behavior in the office)
Rights of the Patient
Patients have several rights when it comes to their healthcare. These include the right to:
- Decline care
- Receive an accurate bill for medical services
- Change doctors for any reason
For example, in the scenario mentioned earlier in the chapter, the patient holds religious beliefs that prohibit blood transfusions. In such cases, patients have the right to refuse specific treatments based on their cultural or religious beliefs, even if those treatments are recommended by healthcare providers.
Medical Practice Acts
For healthcare professionals in clinical roles that require licensure, each state establishes guidelines outlining its scope of practice. These guidelines are called medical practice acts and can be found on the Department of Health website for each state. It is important for healthcare professionals to abide by these practice acts, as violating them may lead to the revocation of their license.
Attributions
- Figure 4.5: image released under the Pexels License
Individuals that are legally bound to report suspected cases of abuse or neglect relating to children, elders, or dependent adults.