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Law and Ethics Midterm Study Guide
Terms in this set (88)
The principle that states the duty to avoid harming the patient is a must.
To not do harm is the overriding value.
The principle that states to do good is a must.
To improve the state of health is the overriding value.
Promote good or well-being.
Honesty or requirement to tell the truth.
A non-governmental process to ensure that a predetermined set of standards have been met by an education facility for the purpose of the public good to ensure that the graduates have required knowledge, skill and ability required in a particular area.
The theory that the rightness or wrongness of an action is determined by the outcome or consequences: Also known as "teleology"
The theory that: the rightness or wrongness of an action is determined by its conformity to a rule of conduce that meets the requirements of some overriding duty
*DUTY is the critical element. Also called "deontology".
That which is right and good. The quality of an action with regard to right and wrong.
A group of theories that define a system of principles and rules that determine which actions are right and wrong.
The collective qualities that define a person or a group of persons. Qualities or dispositions that are practiced consistently.
-A process regulated by a government entity whereby individuals are authorized to perform certain functions.
-Established to enforce practice codes, establishing standards, and sanction incompetent practitioners.
- All for the purpose of protecting the public good.
A solemn promise to do something or to follow some guidelines.
Characteristics that are desirable in a health care provider, such as, self effacement and self-sacrifice.
The quality of performing with skill, knowledge and abilities of a professional person.
-Possessing the knowledge and skill in a profession.
Protecting and promoting the interests of a person, group, or organization.
Reliability and Responsibility
The dental hygienist must accept responsibility for performing all service to the best standard if care using sound judgment and being mindful of ethical duties.
A theory that focuses on the character traits of an individual, rather than the consequences.
-Based on the appreciation of the goodness of the person who chooses to act or perform the duty.
The process of determining the right thing to do.
-The morally correct action with regard to right or wrong.
The process of holding certain information in trust or confidence.
-The principle which determines that information regarding a patient is to be helf in trust and in secret unless the patient advises otherwise.
-To keep in confidence.
The principle of self determination in a person.
-The right to participate and decide on a course of acton without undue influence.
*BOTH the patient and the care provider have autonomy.
-The patient has the right to be educated and choose treatment.
-The hygienist has the right to abide by the standards of care and to not treat if such standards would be violated.
The act of providing information to and assuring the understanding patient regarding treatment risks, treatment options, and the nature of the disease and/or problem of concern.
The principle that ensures the fairness and the allocation of what people earn or deserve is followed.
-All people have the right to be treated fairly no matter of creed, race, and/or of religion.
The practice of "managing patients; usually exercised by institutions or governments.
A duty to conform to a rule or custom.
The written standards that detail the responsibilities of a particular group.
-Remember to be familiar with the ADA code of ethics and the ADHA code of Ethics.
The first code of ethics and oath for the health care provider embracing the health care provider's responsibility to work for the public good under the principle of paternalism.
-Foundation for most health care Code of Ethics.
A body of laws or rules created by the governing body (the legislature) as opposed to care law which is determined by cases decided in a court.
The act of monitoring, guiding, directing, and observing the acts of another.
Kohlberg 3 level and 6 stage model of moral development: What are the 3 levels?
1. Preconventional reasoning.
2. Conventional reasoning.
3. Post-Conventional Reasoning
Kohlberg 3 level and 6 stage model of moral development: What are the 6 stages?
1. Punishment and obedience.
2. Instrumental relativist.
3.Interpersonal concordance orientation.
4. Law and order orientation.
5. social contract legalistic orientation.
6.Universal ethical principle.
Kohlberg 3 level and 6 stage model of moral development: Level 1 Preconventional reasoning:
Externally established rules determine right or wrong action.
-Includes stages 1 & 2.
Kohlberg 3 level and 6 stage model of moral development: Level 2 Conventional reasoning:
Expectations of the family or another group are maintained where loyalty and conformity are considered important.
-Includes stages 3 & 4.
Kohlberg 3 level and 6 stage model of moral development: Level 3 Post-Conventional Reasoning:
A person autonomously examines and defines moral values with decisions of conscience dictating the right or wrong actions.
-Includes stages 5 & 6.
Piaget 4 stage model of moral development:
Piaget 4 stage model of moral development: 1 Amoral:
0-2 years old.
Piaget 4 stage model of moral development: 2 Egocentric:
2-7 years old.
-Bends rules and reacts to environment instinctively.
Piaget 4 stage model of moral development: 3 Heteronomous:
7-12 years old.
-Accepts the moral authority of other.
Piaget 4 stage model of moral development: 4 Autonomous:
12 years and older.
-A morality of self based on cooperation. Rules are tested and become internalized.
Both Kohlberg and Piaget categorized stages in the moral development of:
Gilligan's Model of moral development: 3 levels.
1. Orientation to individual survival.
2. Goodness as self sacrifice.
3. Morality of nonviolence.
Gilligan's Model of moral development: level 1- Orientation to individual survival:
Being more is surviving by being submissive to society.
Gilligan's Model of moral development: level 2- Goodness as self sacrifice:
Where being moral is first not hurting others with no thought of hurt to self.
Gilligan's Model of moral development: level 3-Morality of nonviolence:
Avoiding hurt becomes the moral guide governing all moral reasoning.
Gilligan explains that feminine moral reasoning is different from masculine moral reasoning. Why?
To survive evolution, females had to develop a sense of responsibility based on the universal principle of caring, whereas males moral development is based on universal justice.
Example of Gilligan's model:
When discovering a case of child abuse, a male healthcare provider would report the case and move on, because it is his duty to do so.
-A female healthcare provider would report the case based on the need to protect the interests of the child.
*Actions are identical, but the basis of their reasonings for reporting the case are different.
Code of ethics of ADHA identifies 5 fundamental principles and 7 core values. 5 fundamental principles:
1. Universality: if 2 people consider the same issue the same conclusion would be drawn.
2. Complimentarity: Doing the greatest good for the greatest number of people.
Code of ethics of ADHA identifies 5 fundamental principles and 7 core values. 7 core values:
3. Societal trust.
How does the Code of Ethics of the ADHA differ from the ADA Code of Ethics?
It adds confidentiality and societal trust
ADA Code of Ethics: 3 components:
1. Principle of ethics.
2. Code of professional conduct.
3. Advisory Opinions.
Moral responsibilities conflict with personal inclinations.
Question as to whether a moral obligation exists
Obligations and responsibilities
UCLA school of dentistry- 6 step model of ethical decision making:
1. Identify the ethical dilemma.
2. Collect information.
3. State the options.
4. Apply the ethical principles to the options.
5. Make the decision.
6. Implement your decision.
Adherence to moral and ethical principles.
On the job training -Alabama
3 Factors influencing DH profession
Ethics, laws, and personal (representation/image of profession)
Meets or exceeds standard of care
Awareness or appreciation for cultures other than our own.
Required knowledge, skills, and ability to provide DH services
founded in 1923 to increase communication and cooperation among RDH's
Racial or ethnic gaps in healthcare.
Civil Rights act of 1964
Americans with Disabilities Act:
Describe the role of the dental hygienist in health care:
1. Preventative: Primary- fluorides; Secondary- SC/RP; Tertiary- replacing missing teeth.
2. Educational- patients.
3. Therapeutic- Arrest, control, or maintain dx.
*sealants are preventative and therapeutic care.
Aspects of a true profession:
A. Commercial Model.
B. Guild Model.
C. Interactive Model.
Aspects of a true profession: Commercial Model
commodity, buying selling. Simple selling and buying of services.
Aspects of a true profession: Guild Model
All knowing, all controlling. Paternalistic undertaking in which the obligation to provide care comes from the dentist's membership in his or her chosen profession.
Aspects of a true profession: Interactive Model
Patient and dentist equal in care, moral equals, equal respect. *preferred model.
The idea that rightness or wrongness of any action is determined and justified by the consequence of greater good. Consider all relevant consequences of an action before making a choice.
Some acts are right or wrong independent of their consequences. Strong sense of right or wrong. An action is right when it conforms to a principle or rule of conduct that meets a requirement of some overriding duty.
Focuses on the goodness of a person who habitually chooses to act in the way or see such acts as proper responses to duty. Actions reflect who you want to be as a person. Does not focus so much on rightness or wrongness of a given act or whether it conforms to duty.
*Aristotle and Plato
3 aspects of dental hygiene professionalism
1. growth and responsibility.
Branch of philosophy that seeks to address questions about morality.
Moral judgements are not rigid; they are subject to change/fluid. Research shows that years of formal education correlates more than age to moral judgement
7 core valus of ADHA code of Ethics
3. Societal Trust.
What ADHA code of ethics are not part of the ADA's code of ethics
Confidentiality and Societal Trust.
*Final question on violating scope of practice
*Battery is the criminal charge that can be brought upon the hygienist for unwanted treatment/any unwanted touching.
*6 step ethical decision-making model.
*Final question: What one of these is not a step in the model?
1. Identify the problem.
2. Collect the facts.
3. State the options/alternatives.
4. Apply ethical principles to the options.
5. Make the decision.
6. Implement the decision.
7. Evaluate your decision.
Provides an awareness of legal principles for guiding the health care delivery system.
Provides knowledge and actions to prevent allegations of professional malpractice and/or misconduct.
false statements that harm an individuals reputation.
Reasonably prudent standard
Minimal level of care
Who enforces employment laws
Equal Employment Opportunity Commission. EEOC
Which organization regulates licensure of RDHs and is responsible for the state's dental practice act?
B.O.D. board of dentistry
The patients' bill of rights ultimately grants all patients
The study of conduct based on right and wrong disputes is:
Study of Ethics
Treating others fairly with impartiality is:
Habitual truthfulness is defined as
When an ethical decision must be made; should your patient's autonomy, your respect for the dental hygiene profession, and your desire to avoid patient harm be first and foremost in your decision making?
1. Do no harm.
Intentional damage to someone's reputation in writing is referred to as:
Malpractice is one type of law known as:
THIS SET IS OFTEN IN FOLDERS WITH...
Ethics: Chapter 1
Chapter 3: Informed Consent
Jurisprudence: Chapter 5
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