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| Understanding the Basics | p. 1 |
| Medical Law, Ethics, and Bioethics | p. 2 |
| Law | p. 3 |
| Ethics | p. 3 |
| Bioethics | p. 4 |
| Comparing Medical Law, Ethics, and Bioethics | p. 4 |
| The Importance of Medical Law, Ethics, and Bioethics | p. 5 |
| Today's Health-Care Climate | p. 6 |
| Ethical Issues in Modern Medicine | p. 7 |
| Codes of Ethics | ... MORE |
| Applying Medical Law, Ethics, and Bioethics as a Professional Health-Care Employee | p. 10 |
| You Must Decide | p. 11 |
| Summary | p. 11 |
| Medical Practice Management | p. 14 |
| Sole Proprietors | p. 16 |
| Advantages of Sole Proprietorships | p. 17 |
| Disadvantages of Sole Proprietorships | p. 17 |
| Considerations for the Health-Care Employee | p. 17 |
| Partnerships | p. 18 |
| Advantages of Partnerships | p. 18 |
| Disadvantages of Partnerships | p. 19 |
| Considerations for the Health-Care Employee | p. 19 |
| Professional Service Corporations | p. 19 |
| Advantages of Professional Service Corporations | p. 19 |
| Disadvantages of Professional Service Corporations | p. 20 |
| Considerations for the Health-Care Employee | p. 20 |
| Group Practices | p. 21 |
| Advantages of Group Practice | p. 21 |
| Disadvantages of Group Practice | p. 22 |
| Considerations for the Health-Care Employee | p. 22 |
| Health Maintenance Organizations | p. 22 |
| Managed Care | p. 22 |
| Other Business Arrangements | p. 25 |
| Joint Ventures | p. 25 |
| Preferred Provider Organizations | p. 26 |
| General Liability | p. 27 |
| Business License | p. 27 |
| Building | p. 27 |
| Automobile | p. 27 |
| Fire, Theft, and Burglary | p. 27 |
| Employee Safety | p. 28 |
| Bonding | p. 28 |
| Responsibilities to Employees | p. 28 |
| Summary | p. 28 |
| The Health-Care Team in the Ambulatory Setting | p. 31 |
| The Health-Care Team | p. 33 |
| Administrative Team Members | p. 34 |
| Accreditation of Medical Assistant Programs | p. 36 |
| Clinical Support Team Members | p. 37 |
| Health-Care Providers | p. 38 |
| Considerations for Ambulatory Care Employees | p. 39 |
| Scope of Practice | p. 40 |
| Summary | p. 41 |
| Law, Liability, and Duties | p. 45 |
| State and Federal Regulations | p. 46 |
| Licensure (MDs and DOs) | p. 48 |
| License Renewal | p. 48 |
| License Revocation and Suspension | p. 48 |
| Prescriptions | p. 49 |
| Transmission of Prescriptions | p. 49 |
| Understanding Narcotic and Non-Narcotic Prescriptions | p. 50 |
| Non-Narcotic Prescriptions | p. 50 |
| Narcotics | p. 51 |
| Controlled Substances Act | p. 51 |
| Drug Schedules | p. 51 |
| Substance Abuse | p. 53 |
| Drug Abuse | p. 53 |
| Alcohol Abuse | p. 54 |
| Prevention of Substance Abuse | p. 54 |
| Health Insurance Portability and Accountability Act | p. 55 |
| Confidentiality | p. 56 |
| Healthcare Reform Act of 2010 | p. 57 |
| Summary | p. 58 |
| Professional Liability | p. 61 |
| Professional Liability | p. 62 |
| Contracts | p. 63 |
| Breach of Contract | p. 64 |
| Abandonment | p. 64 |
| Standard of Care | p. 66 |
| Professional Negligence or Malpractice | p. 66 |
| The Four Ds of Medical Negligence | p. 67 |
| Torts | p. 67 |
| Intentional Torts | p. 68 |
| Unintentional Torts or Malpractice | p. 68 |
| Doctrine of Res Ipsa Loquitur | p. 68 |
| Doctrine of Respondeat Superior | p. 69 |
| Professional Liability/Malpractice Insurance | p. 70 |
| Cost of Professional Liability Insurance | p. 70 |
| Alternatives to Litigation | p. 71 |
| Risk Management and Compliance Plans | p. 71 |
| Risk Management Within the Ambulatory Health-Care Setting | p. 72 |
| Summary | p. 73 |
| Law for Health Professionals | p. 76 |
| Sources of Law | p. 78 |
| Types of Law | p. 78 |
| Civil and Criminal Law | p. 79 |
| Civil Law | p. 79 |
| Criminal Law | p. 80 |
| Types of Court | p. 84 |
| Federal Court | p. 84 |
| State Court | p. 85 |
| Probate Court | p. 85 |
| Small Claims Court | p. 87 |
| Subpoenas | p. 87 |
| The Trial Process | p. 88 |
| Expert Witness | p. 88 |
| Statute of Limitations | p. 89 |
| Summary | p. 90 |
| Public Duties | p. 92 |
| Reporting Requirements | p. 93 |
| Births and Deaths | p. 94 |
| Birth Certificates | p. 94 |
| Death Certificates | p. 94 |
| Notifiable Diseases | p. 95 |
| Childhood and Adolescent Vaccinations | p. 96 |
| Notifiable or Reportable Injury | p. 98 |
| Abuse | p. 98 |
| Child Abuse | p. 99 |
| Intimate Partner Violence | p. 100 |
| Rape | p. 100 |
| Elder Abuse | p. 101 |
| Evidence | p. 102 |
| Summary | p. 104 |
| Consent | p. 108 |
| Implied and Expressed Consent | p. 109 |
| Informed and Uninformed Consent | p. 110 |
| The Doctrine of Informed Consent | p. 111 |
| Problems in Consent | p. 112 |
| Implementing Consent | p. 114 |
| Inadequacy of Conventional Consent Forms | p. 114 |
| Improving the Consent Process | p. 114 |
| Summary | p. 118 |
| Workplace Issues | p. 121 |
| Medical Records | p. 122 |
| Purpose | p. 123 |
| Medical Record Creation and Content | p. 124 |
| Documentation | p. 124 |
| Problem-Oriented Medical Records | p. 125 |
| SOAP/SOAPER | p. 125 |
| Electronic Medical Records | p. 126 |
| Legal Aspects of the Medical Record | p. 129 |
| Confidentiality | p. 129 |
| Release of Information | p. 130 |
| Errors in Medical Records | p. 130 |
| Subpoenas | p. 132 |
| Telecommunications | p. 132 |
| Electronic Mail | p. 132 |
| Fax Machines | p. 133 |
| Ownership of Medical Records | p. 134 |
| Storage of Medical Records | p. 134 |
| Retention of Medical Records | p. 135 |
| Destruction of Medical Records | p. 135 |
| Summary | p. 135 |
| Reimbursement and Collection Practices | p. 138 |
| Compliance Plan | p. 140 |
| How Providers Are Paid | p. 140 |
| Private Pay | p. 140 |
| Third Party Payers | p. 140 |
| Other Payers | p. 142 |
| Clients' Responsibility for Reimbursement | p. 142 |
| Laws for Reimbursement and Collections | p. 143 |
| Truth in Lending Act | p. 143 |
| Equal Credit Opportunity Act | p. 143 |
| Fair Credit Billing Act | p. 143 |
| Fair Debt Collections Practices Act | p. 143 |
| Federal Wage Garnishing Law | p. 143 |
| Tax Equity Fiscal Responsibility Act | p. 144 |
| Stark I, II, and III Regulations | p. 144 |
| Deficit Reduction Act | p. 144 |
| Civil Monetary Penalties Act | p. 144 |
| Enforcement of the Laws | p. 144 |
| Collection Guidelines | p. 145 |
| Collection Do's | p. 146 |
| Collection Don'ts | p. 146 |
| Collection Problems | p. 147 |
| Collection Agencies | p. 147 |
| Reimbursement Attitudes | p. 148 |
| Ethical Implications | p. 148 |
| Summary | p. 149 |
| Employment Practices | p. 152 |
| Hiring Employees | p. 153 |
| Policy and Procedure Manual | p. 154 |
| Personnel Policies | p. 154 |
| Clinic Hours and Workweek Schedule | p. 154 |
| Job Descriptions | p. 155 |
| Benefits and Compensation | p. 155 |
| The Employment Process | p. 156 |
| Locating Employees | p. 156 |
| Interviewing Candidates | p. 156 |
| Selecting Employees | p. 157 |
| Evaluating Employees | p. 158 |
| Employee Dismissal | p. 159 |
| When Employees Choose to Leave | p. 159 |
| Retaining Employees | p. 159 |
| Family and Medical Leave Act | p. 161 |
| Sexual Harassment | p. 161 |
| Occupational Safety and Health Act | p. 162 |
| Americans With Disabilities Act | p. 163 |
| Summary | p. 164 |
| A Cultural Perspective for Health Professionals | p. 167 |
| Understanding Cultural Diversity | p. 168 |
| Components of Cultural Diversity | p. 170 |
| Establishing a New Culture in Health Care | p. 173 |
| Evaluating Self | p. 175 |
| Cross-Cultural Communication | p. 175 |
| Summary | p. 175 |
| Bioethical Issues | p. 179 |
| Allocation of Scarce Medical Resources | p. 180 |
| Allocation and Access in Today's Health-Care Environment | p. 181 |
| Influence of Politics, Economics, and Ethics on Health Care | p. 182 |
| Health-Care Legislation | p. 183 |
| Macroallocation and Microallocation | p. 183 |
| Systems for Decision Making | p. 185 |
| System I | p. 185 |
| System II | p. 185 |
| How Would You Decide? | p. 186 |
| Allocation of Resources | p. 186 |
| Summary | p. 187 |
| Genetic Engineering | p. 190 |
| Genetic Advances | p. 192 |
| Genetically Informed Medicine | p. 193 |
| Genetic Screening and Testing | p. 193 |
| Carrier Screening | p. 194 |
| Preimplantation Genetic Diagnosis | p. 194 |
| Prenatal Diagnostic Testing | p. 194 |
| Newborn Genetic Screening | p. 194 |
| Presymptom Genetic Testing | p. 195 |
| Forensic Identity Genetic Testing | p. 195 |
| Genetic Counseling | p. 195 |
| Genetic Discrimination | p. 196 |
| Gene Therapy | p. 196 |
| Stem Cell Research | p. 197 |
| Types of Cell Tissues | p. 197 |
| Fetal Tissue Research | p. 199 |
| Tissue and Organ Engineering | p. 200 |
| Reproductive Cloning | p. 200 |
| Legal and Ethical Implications of Tissue Cell Research | p. 200 |
| Considerations for Health Professionals | p. 201 |
| Summary | p. 201 |
| Reproductive Issues | p. 204 |
| Reproductive Issues and Rights of Women | p. 205 |
| Female Genital Mutilation | p. 205 |
| Contraception | p. 206 |
| Emergency Contraception | p. 207 |
| Sterilization | p. 207 |
| Abortion | p. 208 |
| Fetal Development | p. 209 |
| When Does Life Begin? | p. 210 |
| Methods of Abortion | p. 210 |
| Antiabortion Terrorism | p. 211 |
| Global Gag Rule | p. 212 |
| Assisted Reproduction | p. 212 |
| Artificial Insemination | p. 212 |
| In Vitro Fertilization | p. 213 |
| Surrogacy | p. 213 |
| Access to Reproductive Health Services | p. 214 |
| Legal and Ethical Implications of Reproductive Issues | p. 215 |
| Female Genital Mutilation | p. 215 |
| Contraception | p. 215 |
| Abortion | p. 215 |
| Antiabortion Terrorism | p. 218 |
| Assisted Reproduction | p. 218 |
| Artificial Insemination by Husband and Articial Insemination by Donor | p. 219 |
| In Vitro Fertilization | p. 219 |
| Surrogacy | p. 220 |
| Protocol for Health Professionals | p. 221 |
| Summary | p. 221 |
| End of Life Issues | p. 225 |
| Choices in Life | p. 228 |
| Living Wills, Advance Directives, and the Patient Self-Determination Act | p. 228 |
| Durable Power of Attorney for Health Care | p. 229 |
| National Registry | p. 231 |
| Choices in Dying | p. 231 |
| Suffering in Dying | p. 232 |
| Use of Medications | p. 233 |
| Psychological Aspects of Dying | p. 233 |
| Physiological Aspects of Dying | p. 234 |
| Hospice | p. 235 |
| Stages of Grief | p. 235 |
| Denial | p. 235 |
| Anger | p. 235 |
| Bargaining | p. 236 |
| Depression | p. 236 |
| Acceptance | p. 236 |
| Legal Definitions of Death | p. 236 |
| Legal Implications | p. 237 |
| Ethical Considerations | p. 238 |
| Cultural Views | p. 239 |
| Assisted Death | p. 239 |
| Uniform Anatomical Gift Act | p. 241 |
| Autopsy | p. 242 |
| Priority Authorization for Autopsy | p. 242 |
| Role of Health Professionals | p. 242 |
| Summary | p. 243 |
| Special Section | p. 246 |
| Have A Care! | p. 246 |
| Appendix | p. 250 |
| Appendix I | p. 250 |
| Codes of Ethics | p. 250 |
| The Hippocratic Oath | p. 250 |
| American Association of Medical Assistants | p. 251 |
| Principles of Medical Ethics | p. 252 |
| Appendix II | p. 253 |
| Sample Documents for Choices About Health Care, Life, and Death | p. 253 |
| Durable Power of Attorney for Health Care and Health Care Directive | p. 253 |
| Organ Donation Form | p. 258 |
| Organ Donation Card | p. 259 |
| Index of Resources | p. 260 |
| Index | p. 263 |
| Table of Contents provided by Ingram. All Rights Reserved. |