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Code of Ethics

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Why have a Code of Ethics? ... Are there 'business/political ethics' ... Principles of Medical Ethics ... – PowerPoint PPT presentation

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Title: Code of Ethics


1
Honesty and Ethics of ProfessionsPercentage
"very high" or "high"
CNN/USA Today/Gallup
2
Code of Ethics
  • Ethics vs. Laws
  • Is a code of ethics necessary?
  • Does a code of ethics guide professional
    behavior?
  • Is being a good person enough?
  • What would our profession be like without ethical
    practitioners?

3
Why Regulate Healthcare?
  • Laws exist because a purely market-driven system
    fails to protect the public health, safety, and
    welfare.
  • Incentive to maximize profit can compromise and
    conflict with the best interest of
    patients/customers.
  • The race to the bottom

4
Why have a Code of Ethics?
  • The code is to protect each professional from
    certain pressures (for example, the pressure to
    cut corners to save money) by making it
    reasonably likely...that most other members of
    the profession will not take advantage of her
    good conduct. A code protects members of a
    profession from certain consequences of
    competition. A code is a solution to a
    coordination problem.

Michael Davis Senior Research Associate at the
Center for the Study of Ethics in Professions,
Illinois Institute of Technology
5
Business vs. Profession
  • Is Pharmacy a business or a profession? Both?
  • Differences between business and profession?
  • Are there business/political ethics?
  • Enron, Global Crossing, Adelphia, Martha Stewart,
    Jack Abramoff

6
American Medical Association
  • Principles of Medical Ethics 
  • A physician shall be dedicated to providing
    competent medical care, with compassion and
    respect for human dignity and rights.    
  • A physician shall uphold the standards of
    professionalism, be honest in all professional
    interactions, and strive to report physicians
    deficient in character or competence, or engaging
    in fraud or deception, to appropriate entities.
  • A physician shall respect the law and also
    recognize a responsibility to seek changes in
    those requirements which are contrary to the best
    interests of the patient.
  • A physician shall respect the rights of patients,
    colleagues, and other health professionals, and
    shall safeguard patient confidences and privacy
    within the constraints of the law.

7
American Medical Association
  • A physician shall continue to study, apply, and
    advance scientific knowledge, maintain a
    commitment to medical education, make relevant
    information available to patients, colleagues,
    and the public, obtain consultation, and use the
    talents of other health professionals when
    indicated.
  • A physician shall, in the provision of
    appropriate patient care, except in emergencies,
    be free to choose whom to serve, with whom to
    associate, and the environment in which to
    provide medical care.
  • A physician shall recognize a responsibility to
    participate in activities contributing to the
    improvement of the community and the betterment
    of public health. 
  • A physician shall, while caring for a patient,
    regard responsibility to the patient as
    paramount.
  • A physician shall support access to medical care
    for all people.
  • Adopted by the AMA's House of Delegates June
    17, 2001

8
Pharmacist Code of Ethics
  • Adopted by APhA in 1994
  • Endorsed by ASHP in 1996
  • Actually read by very few practicing pharmacists!

9
Code of Ethics for Pharmacists
PREAMBLE Pharmacists are health professionals who
assist individuals in making the best use of
medications. This Code, prepared and supported
by pharmacists, is intended to state publicly the
principles that form the fundamental basis of the
roles and responsibilities of pharmacists. These
principles, based on moral obligations and
virtues, are established to guide pharmacists in
relationships with patients, health
professionals, and society.
10
Code of Ethics for Pharmacists
I. A pharmacist respects the covenantal
relationship between the patient and
pharmacist. Considering the patient-pharmacist
relationship as a covenant means that a
pharmacist has moral obligations in response to
the gift of trust received from society. In
return for this gift, a pharmacist promises to
help individuals achieve optimum benefit from
their medications, to be committed to their
welfare, and to maintain their trust.
11
Code of Ethics for Pharmacists
II. A pharmacist promotes the good of every
patient in a caring, compassionate, and
confidential manner. A pharmacist places
concern for the well-being of the patient at the
center of professional practice. In doing so, a
pharmacist considers needs stated by the patient
as well as those defined by health science. A
pharmacist is dedicated to protecting the dignity
of the patient. With a caring attitude and a
compassionate spirit, a pharmacist focuses on
serving the patient in a private and confidential
manner.
12
Code of Ethics for Pharmacists
III. A pharmacist respects the autonomy and
dignity of each patient. A pharmacist promotes
the right of self-determination and recognizes
individual self-worth by encouraging patients to
participate in decisions about their health. A
pharmacist communicates with patients in terms
that are understandable. In all cases, a
pharmacist respects personal and cultural
differences among patients.
13
Code of Ethics for Pharmacists
IV. A pharmacist acts with honesty and integrity
in professional relationships. A pharmacist
has a duty to tell the truth and to act with
conviction of conscience. A pharmacist avoids
discriminatory practices, behavior or work
conditions that impair professional judgment, and
actions that compromise dedication to the best
interests of patients.
14
Code of Ethics for Pharmacists
V. A pharmacist maintains professional
competence. A pharmacist has a duty to maintain
knowledge and abilities as new medications,
devices, and technologies become available and as
health information advances.
15
Code of Ethics for Pharmacists
VI. A pharmacist respects the values and
abilities of colleagues and other health
professionals. When appropriate, a pharmacist
asks for the consultation of colleagues or other
health professionals or refers the patient. A
pharmacist acknowledges that colleagues and other
health professionals may differ in the beliefs
and values they apply to the care of the patient.

16
Code of Ethics for Pharmacists
VII. A pharmacist serves individual, community,
and societal needs. The primary obligation of a
pharmacist is to individual patients. However,
the obligations of a pharmacist may at times
extend beyond the individual to the community and
society. In these situations, the pharmacist
recognizes the responsibilities that accompany
these obligations and acts accordingly.
17
Code of Ethics for Pharmacists
VIII. A pharmacist seeks justice in the
distribution of health resources. When health
resources are allocated, a pharmacist is fair and
equitable, balancing the needs of patients and
society.
18
APhA Conscience Clause
  • Pharmacist Conscience Clause
  • 1. APhA recognizes the individual pharmacists
    right to exercise conscientious refusal and
    supports the establishment of systems to ensure
    patients access to legally prescribed therapy
    without compromising the pharmacists right of
    conscientious refusal.
  • 2. APhA shall appoint a council on an as needed
    basis to serve as a resource for the profession
    in addressing and understanding ethical issues.

19
Choices!
20
Choice
  • Ethical decisions occur when choices are made
    among all possible courses of action
  • Not all choices involve ethical issues
  • When they do, how do we make decisions?
  • Using ethical principals
  • Respect for autonomy
  • Nonmaleficence
  • Beneficence
  • Justice

21
Conflict of Interest
  • Also called competing interests
  • When an individual has an interest in two (or
    more) conflicting responsibilities, desires,
    goals, desired outcomes
  • Examples Physician ownership of medical
    laboratories, pharmacies, or other services
  • Authorship of an editorial review for a drug made
    by a company in which you own stock.

22
Hospital Ethics Committee
  • Assists medical staff with difficult cases
  • Makes policy recommendations
  • Provides education to physicians hospital staff
  • Members
  • Physicians, chaplains, nurses, social workers,
    public members

23
Veracity
  • Comprehensive, accurate, and objective transfer
    of information
  • Depends on obligation of respect for others
  • Closely related to fidelity
  • Essential for trusting relationship

24
Privacy
  • A human right the Right to Privacy
  • Informational privacy
  • Personal information
  • Physical privacy
  • Personal space
  • Decisional privacy
  • Personal choices
  • Proprietary privacy
  • Property (e.g. tissue samples)

25
Confidentiality
  • Keeping information from being known
  • informational privacy
  • Medical confidentiality occurs upon disclosure
    from one person to another (usually patient to
    doctor)
  • Information is private and imparted in confidence
    and trust

26
Fidelity
  • Act in good faith
  • Keep vows and promises
  • Fulfill agreements
  • Maintain relationships
  • Discharge fiduciary responsibilities (act in the
    patients best interest)

27
Parental Consent/Disclosure
  • ORS 109.640
  • Right to medical or dental treatment without
    parental consent physicians may provide birth
    control information to any person
  • Any physician may provide birth control
    information and services to any person without
    regard to the age of such person and a minor 15
    years of age or older, may give consent to
    hospital care, medical or surgical diagnosis or
    treatment by a physician licensed by the Board of
    Medical Examiners for the State of Oregon, and
    dental or surgical diagnosis or treatment by a
    dentist licensed by the Oregon Board of
    Dentistry, without the consent of a parent or
    guardian, except as may be provided by ORS
    109.660.

28
Parental Consent/Disclosure
  • ORS 109.680
  • Disclosure without minor's consent civil
    immunity
  • A physician, psychologist, nurse practitioner,
    licensed clinical social worker or community
    mental health and developmental disabilities
    program described in ORS 109.675 may advise the
    parent or parents or legal guardian of any minor
    described in ORS 109.675 of the diagnosis or
    treatment whenever the disclosure is clinically
    appropriate and will serve the best interests of
    the minor's treatment because the minor's
    condition has deteriorated or the risk of a
    suicide attempt has become such that inpatient
    treatment is necessary, or the minor's condition
    requires detoxification in a residential or acute
    care facility. If such disclosure is made, the
    physician, psychologist, nurse practitioner,
    licensed clinical social worker or community
    mental health and developmental disabilities
    program shall not be subject to any civil
    liability for advising the parent, parents or
    legal guardian without the consent of the minor.

29
Parental Consent/Disclosure
  • ORS 109.610
  • Right to treatment for venereal disease without
    parental consent
  • (1) Notwithstanding any other provision of law, a
    minor who may have come into contact with any
    venereal disease may give consent to the
    furnishing of hospital, medical or surgical care
    related to the diagnosis or treatment of such
    disease, if the disease or condition is one which
    is required by law or regulation adopted pursuant
    to law to be reported to the local or state
    health officer or board. Such consent shall not
    be subject to disaffirmance because of minority.
  • (2) The consent of the parent, parents, or legal
    guardian of such minor shall not be necessary to
    authorize such hospital, medical or surgical care
    and without having given consent the parent,
    parents, or legal guardian shall not be liable
    for payment for any such care rendered.

30
Death With Dignity Act 2004 Report
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ETHICS CASES/EXAMPLES
37
Suspected Impairment
  • You are an intern in a hospital pharmacy .
  • You notice that the pharmacist you work with in
    the IV Room frequently comes to work with an odor
    of alcohol on his breath.
  • You report your suspicions to the pharmacy
    manager, who says that he will talk to him

38
Suspected Impairment
  • Two weeks have passed and nothing appears to have
    been done and the pharmacist begins exhibiting
    bizarre behavior.
  • What options do you have?

39
Academic Ethics
  • You are taking a pharmacology exam and notice
    that one of your fellow students appears to be
    referring to note cards in her purse.
  • The fellow student is also the wife of one of the
    pharmacy faculty members.
  • How would you handle this situation?

40
Institutional Review Board
  • You are the member of an Institutional Review
    Board reviewing an proposal for a clinical trial
    of a new blood pressure medication.
  • The budget for the trial includes 30 per weekly
    visit for unreimbursed expenses for the patient.
  • Is this coercive?

41
Institutional Review Board
  • You review a study for an FDA-approved drug used
    for an off-label indication.
  • The study protocol states that the patient will
    be asked to pay for the drug.
  • What phase clinical trial is this?
  • Is it ethical to require the patient to pay for
    the drug?

42
Genetic Testing
  • Should the public have access to a test to
    uncover all genetic predisposion to disease?
  • Total body CT Scans?
  • The market-based system says YES
  • if you can afford it, you can buy it!

43
Oregon Health Plan - Rationing
  • Rationing not allowed under Federal Medicaid
    rules
  • Oregon received a waiver in early 90s for OHP
  • List of diagnoses by medical necessity
  • Covered to a specific level based on funding
  • Ways to cut costs
  • decrease covered patients, diagnoses, payments
  • Distributive justice issues?

44
Zevalin
  • yttrium-90 (90Y) ibritumomab tiuxetan
  • low-grade, follicular, and transformed
    non-Hodgkin's lymphoma (NHL) - rare
  • Approx. 30,000 per monthly treatment
  • Longer duration of remission by approximately 3
    months
  • No improvement in survival

45
Erbitux
  • Treatment for colon cancer - common
  • 17,000 per month
  • No evidence of improved survival or quality of
    life
  • Shrinks tumors in 10 of patients
  • Covered under most health plans

46
Ethics Case 1
  • CC AB is a 47 yof was admitted to the hospital
    on 3/6 with recurrent seizures.
  • HPI This patient was diagnosed with metastatic
    cervical carcinoma in January and has been
    treated with comfort measures only. She has had
    a progressive decline in her ability to care for
    herself over the last three weeks.

47
Ethics Case 1
  • SH Non-smoker, occasional EtOH, mother
    hypertension, father prostate CA, diabetes
  • FH She is married with two children in their
    early twenties.
  • PE/ROS Neuro patient lethargic and confused.
    Unable to communicate.

48
Ethics Case 1
  • AB was admitted to the oncology ward, no code
    status per husband and POLST.
  • Over the next several hours her seizures became
    more frequent and severe. The family asked the
    MD if there is anything you can do to stop the
    seizures.
  • The MD suggested a barbiturate (pentobarbital)
    infusion to induce sleep and stop the seizures.

49
Ethics Case 1
  • The physician writes an order for pentobarbital
    infusion per pharmacy titrate to comfort

50
Ethics Case 1
  • What ethical principles are involved
  • for the patient?
  • for the family?
  • for the physician?
  • for the pharmacist?

51
Ethics Case 1
  • The pentobarbital infusion was started and the
    patients seizures stopped and she was deeply
    sedated
  • After four hours of pentobarbital infusion, the
    patient stopped breathing and was pronounced dead

52
Ethics Case 1
  • What distinguishes this case from assisted
    suicide?
  • Might some people legitimately consider this
    assisted suicide?
  • Could the physician be investigated by the DEA?

53
Ethics Case 2
  • You read an article in the morning paper that
    half of this years flu vaccine will be lost due
    to a manufacturers violation of GMP.
  • Fortunately, your community pharmacy did not
    contract with the manufacturer involved and you
    have received 1000 doses of vaccine.
  • The State Health Division tells vaccine providers
    that vaccinating patients who are not in a high
    risk category will be fined 500 per vaccination.

54
Ethics Case 2
  • The local hospital calls and says that they are
    unable to get vaccine because they contracted
    with the violating manufacturer and ask (beg!)
    for as many doses as you can spare.
  • What is your answer?
  • Any ethics issues involved?

55
Ethics Case 3
  • You are working in a busy community pharmacy and
    the technician calls you over to counsel on a new
    prescription.
  • The customer is a woman picking up her own
    prescriptions and there is also one for her
    husband that she had not known about.
  • The technician set it out for the pharmacist with
    the womans prescriptions

56
Ethics Case 3
  • The prescription for her husband was an antiviral
    drug commonly used for herpes infection.
  • What should the pharmacist do in this situation?
  • What if the prescription was for their sixteen
    year-old daughter?

57
Ethics Case 4
  • A customer brings a prescription bottle to the
    pharmacy counter and tells the clerk that he
    would like to speak with the pharmacist.
  • The pharmacist approaches the counter and the
    patient gives her the bottle and says he thinks
    that a mistake has been made.
  • The pharmacist discovers that the bottle was
    labeled for ibuprofen 600 mg tablets (30) and
    contained warfarin 5 mg tablets.

58
Ethics Case 4
  • What steps should the pharmacist take in this
    situation?

59
Ethics Case 4
  • The customer gives you additional information
    that their 13 year-old son has taken six tablets
    over the last four days for pain related to a
    sprained ankle.
  • Now what??

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