health care law and legislation week 6

Chapter 23

Employee Rights and Responsibilities

LEARNING OBJECTIVES

• Describe and understand the rights of employees.

• Describe and understand the responsibilities of employees.

• Explain what professionals can do to improve professional relationships between one another, as well as between caregivers and patients.

Employee Rights - I

• Equal Pay for Equal Work

• Refuse to participate in care vs. Patient Rights

– pharmacist refusal to fill a prescriptions

• Question patient care

– Suggest Changing Physicians

• Freedom from sexual harassment

• Treated with dignity and respect

Employee Rights - II

• Privacy and confidentiality

• Whistle-blowing

• Freedom from intimidation

• Privacy Rights

Employee Responsibilities - I

• Compassion

• Patient advocacy

• Honor patient wishes

• Maintain confidentiality

• Adhere to Safe Practice

– Comply with sterile technique protocols

Employee Responsibilities - II

• Adhere to Professional Standards

• Protect Patients from Harm

• Maintain Professional Relationships

• Maintain employee privacy and confidentiality

• Report unethical behavior

• Participate in Continuing Education

Helpful Advice - I

• Do not blame others for your mistakes.

• Do not say: “We are short staffed”

• Do not say that the physician is not present when he or she is.

• Do not say the physician will soon be here when he or she has already left the building.

• Do not say that this will not hurt, when you know it will.

• Do not say that you are busy when you are not

• Take responsibility for caring and communicating.

Helpful Advice - II

• Include the patient in the decision-making process.

• Take the time to explain to patients the risks, benefits, & alternatives to each course of treatment.

• Avoid the paternalistic approach to medical care

• Be careful not to get anxious, for example, because of time constraints and thus push the patient into making hasty and sometimes regretted decisions.

• Show respect and sensitivity to a patient’s needs.

• Show that you value the patient’s decisions.

Helpful Advice - III

• Accept and honor the fact that the patient has his or own needs and desires.

• Assure the patient that you will honor his or her care decisions in compliance with law.

• Listen to what the patient is saying without interruption.

• Do not make fun of a patient’s decision-making capacity. Patients are human and have the frailties that we all must someday endure.

• Concentrate on the patient’s wishes and instructions.

Helpful Advice – IV

• Be firm but polite when others attempt to speak for the patient.

• Honor the patient’s wishes. • Prohibit those who would demean and criticize a

patient’s wishes because of his or her frail condition. • Remember that your feelings & those of the family

may be different than the feelings of the patient. However, it is the patient who faces the consequences of his or her decisions. Protect the patient’s wishes.

Helpful Advice - VI

• Avoid the pitfalls of prejudice and bias.

• Ensure that medical information is only accessed as required for treatment and facilitating payment claim.

THE CAREGIVER’S PLEDGE – I

• I will be compassionate.

• I will not neglect my duties and responsibilities.

• I will read instructions and follow protocols.

• I will seek verification of questionable orders.

• I will report concerns for patient safety.

• I will not assume responsibility beyond my capability.

• I will call for help when a patient’s medical needs suddenly change.

• I will continuously improve my skills and participate in continuing education opportunities.

Review Questions

1. Describe the rights of employees.

2. Describe the responsibilities of employees.

3. Describe what advice you would give new employees.