A contract is an agreement between the parties that is legally enforceable because of the reciprocity of the agreement and the obligation. A contract establishes rights and obligations that are protected and enforced by law. A contract can be written or implied, such as an agreement between a client and a health organization to which they are authorized. Although the client does not have to sign a document, he has entered into a contract for the nature and scope of the proposed treatment. Private clients enter into a contract with their doctor. The «security rule» of this legislation deals specifically with protected (electronic) health information (PHI/EPHI). This information is defined as «any information about a client`s medical condition» or «any part of an individual`s medical record or payment history.» The rule states that each institution must have written data protection procedures in place. Monitoring of these procedures should be documented. Each institution must appoint a data protection officer.

Only employees who «need to know» can legally access a client`s records. All employees must complete documented ongoing confidentiality training and sign an annual confidentiality agreement. The facility must also have a contingency plan in place for backing up emergency data in the event of a disaster. Internal audits must be carried out regularly and disciplinary action taken against any employee who violates data protection rules. In addition, severe fines will be imposed on the institution if it does not comply with these rules. Laws are formal written rules of conduct that govern conduct and ensure the protection of citizens. Ethics refers to the moral principles and values that guide human behavior. Ethics and ethical norms develop in cultures where there are concepts of right and wrong. The health system combines the practice of medicine and care with a complex system of laws, social beliefs and cultural values. 1. Define and describe the legal and ethical standards of health care and how they relate to care. Because the control and regulation of nursing in Australia is determined by the states and territories, each Australian state and territory has its own Nurses Act or Health Professions Registration Act and regulations.

In each of the states and territories, there is a Council of Nurses or a Council of Nurses, composed of members authorized to register and deregister nurses. Each state or territory law is divided into sections, each dealing with a specific aspect of registration. Since each state and territory has its own legislation, it is important for nurses to read a copy of the relevant legislation so that they are aware of the requirements of each state and/or territory. The New Zealand Council of Nurses is responsible for the registration of all categories of New Zealand nurses. The intrusion into privacy and confidentiality is of crucial legal and medical importance. The right to privacy means that a customer has the right to expect that his or her property will be left alone. Health care professionals can be charged with trespassing, unlawful search and seizure or disclosure of personal information (even if the information is true). Remember that you are breaking the law if you disclose information about a customer without their written consent. Also prevent customers and visitors from seeing other customers` medical records and private information. For example, be careful not to drag the customer`s information onto the computer screen where other customers can see it (Fig.

4-1). In addition to negligence and malpractice, patient confidentiality is an important legal consideration for nurses and nursing students. Patient confidentiality is an individual`s right to keep personal and identifiable health information known as protected health information (PHI) confidential. This right is protected by federal regulations called the Health Insurance Portability and Accountability Act (HIPAA). HIPAA was enacted in 1996 and was driven by the need to ensure the confidentiality and protection of personal health records and data in an environment of electronic health records and liability payers. There are two main sections of HIPAA, the Privacy Policy and the Security Rule. The Privacy Rule deals with the use and disclosure of individuals` health information. The security rule establishes national standards to protect the confidentiality, integrity and availability of electronically protected health information. HIPAA regulations go beyond medical records and apply to patient information shared with others. Therefore, all types of patient information should only be shared with members of the healthcare team who are actively caring for them.

Nurses should be aware of their profession`s code of ethics and know and recognize their integrity and morals. Nurses should have a clear, basic understanding of key ethical principles. The nursing profession must remain faithful to patient care while defending the right of patients to self-identify their needs and cultural norms. Although ethical considerations in nursing are difficult, they represent a true integration of the art of patient care. Although these are rare cases, a patient may sometimes ask you to do something that is not ethical. For example, a patient may ask a nurse to help them commit suicide at the end of their life, or they may inquire about another patient about their diagnosis. However, it became clear in the lectures that we as nurses work in situations that give us the privilege of working with individuals, including taking care of their physical and emotional needs. The laws define the limits of this privilege and specify the rights and duties of nurses. I always thought that as long as I kept this in mind and followed them, I would always give clients that I would be the best care in my practice. Nurses have a responsibility to recognize and identify ethical issues affecting staff and patients. For example, the care of clients undergoing abortions may raise ethical and moral concerns and issues for some nurses; And some patients may be affected by liver transplant rejection because donor livers are not abundant enough to meet the needs of all patients who want them. To avoid being sued for negligence or malpractice, it is important that nurses and nursing students follow the scope and standards of practice care set out in their state`s nursing practice law.

the American Nurses Association; and employer policies, procedures and protocols to avoid the risk of losing their care licence. Examples of breaches of duty by nurses that may be considered negligence include:[4] The two main classifications of ethical principles and ethical thinking are utilitarianism and deontology. Deontology is the school of ethical thought that requires that means and ends be moral and ethical; And the utilitarian school of ethical thought holds that the end justifies the means, even if the means are not moral. Each source defines the standards of care; For example, a council of nurses defines the scope of practice of nursing; Professional associations develop nursing standards in policy statements, and the employer health authority develops written guidelines and protocols detailing how nurses are to perform their duties.