Moreover, not all states have shield laws. The states that do have such laws are Alabama, Alaska, Arizona, Arkansas, California, Colorado, Delaware, Florida, Georgia, Illinois, Indiana, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, hode Island, South Carolina, Tennessee, and the District of Columbia. Each of these states defines and applies a journalist's privilege differently. They examine who is a journalist, what kind of information the privilege protects, and whether there are any qualifications to the privilege. In addition, there is no federal shield law, though the Department of Justice does apply something akin to a shield law at the federal level.
The qualifications contained in the shield laws are of critical importance to journalists, because the shield laws really provide little more protection than the common-law right to privilege. In states with shield laws, journalists…...
mlaReferences
Pember-Calvert . (2004). Mass Media Law, 2005-2006 Edition. The Mc-Graw-Hill
Companies.
c).
AAP ode of Ethics is shorter compared to AA's, centering more on specific issues such as confidentiality and professional practices, among others. Identified as Principle IV in the AAP code of ethics, onfidentiality is synonymously identified as 'respect for the integrity and protection of the welfare' of its clients, a claim that is similar to AA's stance on confidentiality. AA and AAP discussed the issue of confidentiality similarly, although AAP cites more specific instances in which confidentiality can be revoked. It states under Principle IV-F that AAP do not use these standards of confidentiality to avoid intervention when it is necessary, e.g., when there is evidence of abuse of minors, the elderly, the disabled, the physically or mentally incompetent.
This passage is supported by AAP's assertion that they must, first and foremost, ensure that their client's dignity and welfare are respected and protected, respectively. This means that if specific ethical standards…...
mlaCode of Ethics of American Counseling Association: http://www.counseling.org
Code of Ethics of American Association of Pastoral Counselors: http://www.aapc.org
Code of Ethics of American Association of Christian Counselors: http://www.aacc.net
Concomitantly, the patient should also be kept informed of such actions, as it directly affects his or her confidentiality status. The physician should then advise the patient regarding the necessary actions or allowance to be made for the destruction of the records.
6. As mentioned above, it is absolutely vital to identify individuals and organizations with access to the databases containing his or her medical records. The reason for this is again for the purpose of informed consent. The physician should also be informed of such individuals or organizations. The patient is then given full power to provide or withhold consent in concomitance with advice from the physician.
7. The AMA ethics opinion mentions encryption, along with several other measures, to ensure the security of medical records from unauthorized access. Other forms of access control include passwords and scannable badges. This ensures the confidentiality of patient records and protection from outside…...
mlaSources
American Medical Association (1995-2008). E-5.07 Confidentiality Computers. http://www.ama-assn.org/ama/pub/category/8360.html
American Medical Association (1995-2008). E-5.059 Privacy in the Context of Health Care. http://www.ama-assn.org/ama/pub/category/11988.html
American Medical Association (1995-2008). E-7.02 Records of Physicians Information and Patients. http://www.ama-assn.org/ama/pub/category/8378.html
American Medical Association (1995-2008). E-10.01 Fundamental Elements of the Patient-Physician Relationship. http://www.ama-assn.org/ama/pub/category/8313.html
Question Three
The most important thing that a police psychologist should do when evaluating an officer for a position on the SWAT team is to inform that individual that the information that the officer reveals to the psychologist (and any conclusions that the psychologist comes to) will be shared with the officer's superiors for the purpose of determining if the officer can join the SWAT team. The psychologist is bound to reveal only the information that is directly relevant to the specific evaluation. Any other information must be kept confidential.
In a related vein, the psychologist should keep the assessment as focused as possible to the question at hand and not use the session to "go fishing." Issues that are directly relevant to such an assessment would be how stable the person is emotionally and psychologically, how prone the person is to explosive again, how well the person can work in a…...
The client is then hesitant to sue over a breach of trust because the client feels bonded to the therapist and does not want to hurt the therapist by suing.
Another issue with confidentiality breaching is that the client has revealed secrets to the therapist and may be concerned that a lawsuit will cause those secrets to become part of public record or be testified about on the stand (Grabois, 1997).
Two additional factors may explain the lack of claims by patients against their therapists (Grabois, 1997). These factors have a close connection to the intensity in this type of therapeutic relationship (Grabois, 1997). One factor is that patients do not recognize the psychotherapist's role in their distress, and the other is that psychotherapists are experts at handling people and their emotions (Grabois, 1997). If a patient is dissatisfied, the therapist can satisfy his or her doubts, or dissuade the patient…...
mlaReferences
Vye, Christopher (2005) Nine ethical values of master therapists.(Special section: master therapists) Journal of Mental Health Counseling
Cox, Jane a. (2005) Managed mental health care: intentional misdiagnosis of mental disorders.(Practice & Theory) Journal of Counseling and Development
Kitchener, K. (1984). Intuition, critical evaluation and ethical principles: The foundation for ethical decisions in counseling psychology. The Counseling Psychologist, 12, 43-55.
Knauss, L. (1997). Professional training in ethics. In D. Marsh & R. Magee (Eds.), Ethical and legal issues in professional practice with families (pp. 289-311). New York: John Wiley & Sons, Inc.
Confidentiality
Hospital and Confidentiality
RCT: Dr. L's dilemma
In this particular ethical dilemma, patient Bruce W. is taking a placebo during a drug trial for a drug which is beginning to show promising results. Dr. L's dilemma is a common one for physicians involved in randomized clinical trials. Dr. L must weigh the value of the experimental method and his duty as a scientist with his duty as a physician. As a physician, Dr. L's ultimate responsibility is to his patient. He has an ethical obligation to keep the patient fully informed about treatment options and the risks and the benefits of the medications and treatments administered while the patient is under his care. But as a scientist participating in an experiment with a 'control' group, he has an ethical obligation to keep his patient in the dark about the patient's status as a control group participant. If the drug is promising --…...
Taking pictures to document the injuries that the patient inflicted on herself could be a reasonable step in the provision of medical care. The patient was unable to consent because of self-inflicted wounds, and there is not enough information to know whether delay in taking the pictures could have had an adverse medical outcome for the patient. Therefore, taking the pictures would not be a violation.
However, it seems equally clear that sharing the pictures would be a violation. The Privacy ule dictates minimum access, which means that access to a patient's private health information should be limited to as few people as necessary to administer treatment. There does not seem to be a medical reason for the physician to show the 15 people the pictures of the suicide patient. Therefore, I believe that the patient's confidentiality was violated. However, if the group of 15 people happened to be doctors…...
mlaReferences
Stewart, M. (2012). What nurses need to know about HIPPA. Retrieved December 10, 2012
from Motlow College Nursing website: www.mscc.edu/nursing/hippa.ppt
U.S. Department of Health and Human Services. (2012). Summary of the HIPAA Privacy Rule.
Retrieved December 10, 2012 from HHS.gov website: http://www.hhs.gov/ocr/privacy/hipaa/understanding/summary/index.html
NMC Code: Patient Confidentiality
The Nursing and Midwifery Code sets the standards by which UK nurses and midwives should conduct themselves both ethically and professionally (NMC, 2010). The main principles are patient autonomy, patient confidentiality, patient collaboration in care, consent, professional boundaries, information sharing with colleagues, teamwork, effective delegation, and risk management. This essay will examine the principle of patient confidentiality and how this can affect practice.
Patient Confidentiality
Patients expect their personal information to be protected by doctors, nurses, and midwives. This expectation is essential to the efficient functioning of the health services, because patients would otherwise be less forthcoming about their physical and mental health if they believed the information could be released to the public or family members without their permission (General Medical Council, 2009). If this were to occur then the ability of doctors and nurses to provide needed services would be significantly impaired. In a worst case scenario,…...
mlaREFERENCES
Chan, K 2013, 'Doctors have a duty to breach patient confidentiality to protect others at risk of HIV infection', BMJ, vol. 345, p. e7630.
General Medical Council 2009, Confidentiality: The duties of a doctor registered with the General Medical Council, General Medical Council, London, .
NMC (Nursing and Midwifery Council) 2010, The code: Standards of conduct, performance and ethics for nurses and midwives, PB-CODE-A5-0410, Nursing and Midwifery Council, London, .
Poindexter, CC 2013, 'HIV stigma and discrimination in medical settings: Stories from African women in New Zealand', Social Work in Health Care, vol. 52, no. 1, pp. 704-727.
Character trait that I have chosen is confidentiality, which isn't a character trait at all, but a behavior. This is accounting -- we need to categorize things properly. Confidentiality is important in the accounting profession, and therefore it is something that an accountant must take seriously. The accountant has a duty to act in the client's benefit, and part of that means being able to maintain confidentiality with respect to any of the dealings that the accountant has with the client (Nordmeyer, 2015).
There are a few different areas where confidentiality comes into play, in particular with respect to unauthorized disclosure of information, and inappropriate use of financial information. In essence, the accountant needs to maintain client confidentiality, except in situations where to do so would be unethical (i.e. whistleblower situations). Confidentiality is not even just about the person, but about the team, about the systems, and the different protocols and…...
mlaReferences
Eyden, T. (2012). 8 ways CPAs violate the AICPA's ethics requirements. Accounting Web. Retrieved May 29, 2015 from http://www.accountingweb.com/article/8-ways-cpas-violate-aicpas-ethics-requirements/219544
Nordmeyer, B. (2015). Importance of confidentiality in accounting. AZ Central. Retrieved May 29, 2015 from http://yourbusiness.azcentral.com/importance-confidentiality-accounting-23560.html
Vocational Choices
Life Coaching and Vocational Choices
Confidentiality is important because the three coaches gave their different views and approaches when discussing the vocational choices in life. The coaches were not confined to a few or similar methods since each of them was not aware of the approach used by the other coach. Confidentiality maintained enables the coaches to be independent when giving the plans and not to copy from one another. Confidentiality will expose the group members or individuals being coached to a wide range of options to analyze and determine the best. The three coaches gave their different approaches on the vocational choices. An individual being coached will take time and choose the best approach from three, which he/she feels that it fits his/her life. In addition, individual or group members being coached can combine all the approaches presented by the coaches analyze them and choose the best vocation in…...
mlaReferences
Van Iddekinge, C.H., & Campbell, J.P. (2011). Reconsidering vocational interests for personnel selection: The validity of an interest-based selection test in relation to job knowledge, job performance, and continuance intentions. Journal of Applied Psychology, 96(1), 13-19
Cotter, E.W., & Fouad, N.A. (2011). The relationship between subjective well-being and vocational personality type. Journal of Career Assessment, 19(1), 51-60.
Professional Nursing
THE RIGHT THING TO DO
Two nurses are good friends to an in-patient. One of the nurses got so concerned with this patient that she accessed the patient's medical records and confided her findings to the other friend. Neither of them was assigned to the patient-friend and, thus, had no authority to access her chart. Nor are they blood-related to the patient. The first nurse faces the dilemma of reporting the violation of patient confidentiality or keeping quiet about it but sharing the violation with her. The guilty nurse promised never to repeat the act. The first nurse feels concerned with her as this is her sole source of living in support of herself and her two children. She is a single mother. The first nurse must decide correctly and fairly.
Three provisions of the American Nurses Association Code of Ethics apply to this case (ANA, 2001). Provision 3.2 on…...
mlaBIBLIOGRAPHY
ANA (2014) Privacy and confidentiality. Nursing World: American Nurses Association.
Retrieved on December 7, 2014 from http://www.nursingworld.org/MainMenuCategories/EthicsStandards/Ethics-Position-Statements/PrivacyandConfidentiality.html
- Code of ethics for nurses. Retrieved on December 7, 2014 from http://www.nursingworld.org/codeofethics
Fullbrook, S. (2007). Legal principles of confidentiality and other public interests: Part
Confidentiality, Integrity, and Availability
In the contemporary information systems environment, the security of organizational information resources is essential given an increase of hacker incidents globally. Data confidentiality is essential to ensure that the private information is not disclosed or made available to unauthorized individuals. On the other hand, the integrity is the part of information security that ensures that program and data are exchanged only by an authorized person. The system integrity assures that the system performs its intended functions without its inadvertent manipulation. The availability assures that the systems perform its intended function, and it does not deny its availability to the authorized user. These three security concepts (Integrity, Confidentiality, and Availability) is referred as Triad that performs fundamental security objectives for organizational information systems.
The objective of this paper is to explore the three concepts of information security.
The CIA Triad
The confidentiality can only be attained when an organization is…...
mlaReference
Kim, D., & Solomon, M. G. (2014). Fundamentals of information systems security (2nd Ed.). Burlington, MA: Jones & Bartlett Learning.
Balancing the ight to Know With the ight for Privacy and ecords Confidentiality
Balancing the right to know with the right of American public for the privacy and confidentiality of their personal information is a challenging enterprise, and it is reasonable to suggest that optimal solutions require careful analysis of the competing interests that are involved. Indeed, some proponents argue that the American public's right to know is embodied in the U.S. Constitution as a fundamental right, and these rights have been codified in various state and federal laws that extend to everyone by virtue of the Fourteenth Amendment. These issues have become even more complex in nature in recent years, though, following the passage of the Freedom of Information Act of 1966 and the Electronic Freedom of Information Act of 1996 which mandate expanded access to government records, especially those maintained in digital form and online. This paper provides a…...
mlaReferences
Black's law dictionary. (1991). St. Paul, MN: West Publishing Co.
Botterman, M., Bikson, T., Bosman, S., Cave, J., Frinking, E. & De Pous, V. (2001). Public
information provision in the digital age: Implementation and effects of the U.S. Freedom
of Information Act. Santa Monica, CA: Rand.
Infected Surgeon
Confidentiality
Case: Infected surgeon and a duty to disclose
It is extremely important that persons with HIV status are treated fairly and ethically, and healthcare institutions do not support undue hysteria regarding the actions of healthcare workers with HIV. However, given the undeniable risks that HIV poses to patients, it seems unwise for Dr. M to continue in his current capacity as a hands-on surgeon. This is not because HIV workers should be singled out as particularly 'bad' -- this is true of all healthcare workers infected with communicable diseases transmitted through blood. Thus Dr. M should not perform surgical operations in which he could potentially cut himself and expose the patient. At minimum his actions during surgery must follow all existing protocols for healthcare workers and he must inform his patients. But in light of the potential risks, it seems best that Dr. M does not continue in his current…...
Court Case
On Duty to Warn: The California Supreme Court's response is that the defendants have a duty to protect not only to the patients but also to those individuals who may come under assault from the mental health patient. Thus, the defendants are negligent of and derelict in their duty in not warning Tatiana of the danger presented her by the patient's inclination. The defendants also should have insisted that the police detain the patient. As Berger and Berger (2009) point out, the duty to warn translates into the duty "to protect."
On Duty to Forecast Harm: The defendant has a duty to exercise care in the event that danger is foreseeable. In this case, it was evident that danger was foreseen, which is why the defendant alerted the police; however, the issue was not followed-up on and the patient was allowed to go free without further precautionary measures put into…...
mlaReferences
Berger, S., Berger, M. (2009). Tarasoff "duty to warn" clarified. Retrieved from http://nationalpsychologist.com/2009/03/tarasoff-%E2%80%9Cduty-to-warn%E2%80%9D-clarified/101056.html
Kipnis, K. (2003). In Defense of Absolute Confidentiality. AMA Journal of Ethics. #
10, Volume 5. Retrieved from http://journalofethics.ama-assn.org/2003/10/hlaw2-0310.html
According to the University of Washington School of Medicine, the obligation for confidentiality is not an absolute one. There are legal regulations that limit a patient's right to privacy, as well as regulations that protect that right. The two main exceptions where you could break confidentiality are: (1) Concern for a specific, identified person other than the patient (this could be a spouse or child, or it could be a person unrelated to the patient in any way). (2) Concern for the welfare of the general public (this is usually seen if the patient is found to have a highly infectious or....
Due diligence refers to the process of doing a proper investigation into something before taking an action. Due diligence can have applications in a number of different contexts, but is most often discussed in the context of some type of business deal, when a person or organization has to make a decision about whether or not to enter into some type of business relationship (usually an investment relationship) with another type of person or organization. Due diligence can be as simple as studying publicly available information to determine whether or not to purchase a stock....
When people think of accounting, they rarely think of ethics. While ethical guidelines are of obvious importance in other professions, they seem removed from the black and white nature of number crunching. However, accounting ethics are of incredible importance, not only to accountants but also to their clients. That is because when handling money there is tremendous pressure to fudge numbers, look the other way when other people are doing wrong, or even to dip your hand in the cookie jar. This can result in a range of disastrous results, from tax problems for....
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