CH 1 - 2 - 3 - Professional Ethics
CH 1 - 2 - 3 - Professional Ethics
MeLS 301
Acknowledgements
3
Course Information
Teaching Methods
• Lecture
• Role play
• Case study
• Group discussion and presentation
• Assignments
Assessment Method:
• Assignment & Quiz (10%)
• Mid term examination (30%)
• Final examination (60%)
Time Allocation: 16 contact hours
Grading: Fixed scale
4
Course Information, cont’d
Type of Examination:
• Theory:
• Multiple choice questions, Short answers, Essays (minimum)
• Matching, Completion and True or false (Optional)
5
Course Objectives
At the end of the course students will be able to:
• Define terms such as Ethics, Profession (professional,
professionalism), Behavior, Moral, Legal practice,
Common law, Civil law, Court, Precedent, Medical
Laboratory Science
• Recognize how the law operates in relation to
clinical laboratory practice with regard to legal
process, principles and penalties
• Apply ethical concepts to clinical laboratory
practice in all interactions with clients 6
Course Objectives, cont’d
• Maintain the highest standard of care and
professional ethics by identifying the rights and
obligations of medical laboratory professionals
• Support the interests and needs of clients and their
families to exercise their rights to make informed
decisions regarding their care
• Recognize and maintain code of ethics for medical
laboratory professionals
• Exercise good laboratory practice
7
Course Outline:
1.0. Introduction
1.1. Definition of terms
1.2. History of medical laboratory science
1.3. History of ethics
1.4. Classification of ethics
1.5. Principles of ethics
1.6. characteristics of professional and ethical behavior
2.0. Interpersonal relationships
3.0. Principles of confidentiality and privacy
responsibility
4.0. Rights and obligations of medical laboratory
8
professionals
Course Outline, cont’d
5.0. Duties and responsibilities of medical laboratory
professionals
6.0. Patient’s bill of rights
7.0. Medical Laboratory code of conduct
7.1 Ethiopia Medical Laboratory Association Code of
Ethics
7.2 Ethiopia Medical Laboratory Association Vision
7.3 Ethiopia Medical Laboratory Association Mission
7.4 Ethiopia Medical Laboratory Association Core
Values
8.0. Good Laboratory Practices (GLPs)
9.0. Legal and Ethical Issues in HIV/AIDS 9
1.0. Introduction
1.1. Definition of terms
1.2. History of medical laboratory science
1.3. History of ethics
1.4. Classification of ethics
1.5. Principles of ethics
1.6. characteristics of professional and ethical
behavior
10
I.0 Introduction
11
Objectives continued
• At the end of this session the students will be able to:
• Discuss the history of ethics
• Discuss the different types of ethics
• Discuss principles of ethics
• List the characteristics of professional and ethical behavior
12
Why study ethics?
• When students enter the professional world,
they will be expected to follow an explicit or
implicit ethical code.
• To responsibly confront moral issues raised by
medical laboratory activities
• How to deal with ethical dilemmas in their
professional lives?
• To achieve moral autonomy
1.1. Definitions
1.1.1. Definition of ethics
• derived from the Greek word ethos, meaning custom or character
• Is a major branch of philosophy which study values and customs
of a person or group
• Is concerned with what is right or wrong, good or bad, fair or
unfair
• Covers the analysis and employment of concepts such as right or
wrong, good or evil
14
Definitions cont’d
Final word about ethics:
Professional ethics concerns one’s conduct of behavior and practice
when carrying out professional work
1. 1.2. Definition of profession:
• Profession:
• A dedication, promise or commitment
publicly made
• Is a vocation or an occupation requiring
knowledge of some department of learning
or science 15
Definitions continued
• Occupation, practice, or vocation
requiring mastery of a complex set of
knowledge and skills through formal
education and/or practical experience.
• All professions are occupations, but not all
occupations are professions
• Professional:
• A person who agrees to and commits
his/her commitment to the profession they 16
chose
Definitions cont’d
• Professionalism:
• The actions of the members of a profession
based on the accepted code of conduct
• Code of Conduct:
• way of behaving
• a set of unwritten rules according to which
people in a particular group, class, or
situation are supposed to behave
17
Definitions cont’d
1.1.3. Definition of Behavior:
• The way somebody behaves
1.1.4. Definition of Moral
• from the Latin moralitas "manner, character, proper behavior“
• In its descriptive use, morals are arbitrarily and subjectively created by
society, philosophy, religion, and/or individual conscience
• it's possible that many moral beliefs are due to prejudice, ignorance or
even hatred.
• Ethics vs Moral
18
Definitions: Ethics vs Moral
• Ethics- "The science of morals”; the philosophical study of morality.
• Moral- habits of life in regard to right and wrong conduct
• The arbitrariness of morality stems from the
observation that actions that may be deemed
moral in one culture in time may not be classified
as such in others or in a different time.
• Morality – making choices with reasons
• Ethics – the study of HOW the choices are made, i.e
“ethics is the study of morality”
• Often use “ethics” and “morality” interchangeably
19
Definitions cont’d
1.1.5. Definition of Legal practice: legislation
having legal enforcement
1.1.6. Definition of Common law
• evolved law i.e., the body of law developed as a result of custom
and judicial decisions, as distinct from the law laid down by
legislative assemblies.
1.1.7. Definition of Civil law:
• law of citizen's right
20
Definitions cont’d
1.1.8. Definition of Court:
• meeting where legal judgments are made
1.1.9. Definition of Precedent:
• an action or decision that can be used subsequently as
an example for a similar decision or to justify a similar
action
1.1.10 Definition of Medical Laboratory Science:
• A profession characterized by its own internally-defined
Body of Knowledge and Scope of Practice
• A profession with people educated in basic and medical
sciences, medical techniques and research methods 21
1.2. History of Medical
Laboratory Science
22
Medical laboratory Science
Ambo U, Semera U)
History of MLS, cont’d
• Medical laboratory sciences:
• Today, MLS is a well-developed body of knowledge that includes
basic and medical sciences, medical techniques, and research
methods
• This ensures the education of medical laboratory professionals
and the production of quality medical diagnostic testing
• As MLS plays crucial role in healthcare system, there are
numerous ethical questions that have arrived in the professional
practices
24
1.3. History of Ethics
• Ethics:
• Major branch of philosophy
• Studies values and customs of a person or a group
• Covers analysis and employment of concepts such as right or
wrong, good or evil, responsibility
• History begins with Greek philosophy
25
1.3. History of Ethics
• Greek Philosophy:
• Socrates: Any person who knows what is
truly right will automatically do it. Evil or
bad actions, are the result of ignorance.
• Aristotle: posited an ethical system that
may be termed "self-realizationism“ ( i.e.,
when a person acts in accordance with his
nature and realizes his full potential, he will
do good and be content).
26
History of Ethics cont’d
• Hedonism: the principle ethic is maximizing
pleasure and minimizing pain
• Cyrenaic hedonism: supported immediate
gratification
• Epicureanism: rejected the extremism of
the Cyrenaics, believing some pleasures and
indulgences to be detrimental (tend to
cause harm) to human beings
27
History of Ethics continued
• Stoicism: the foundation of Stoic ethics is
that good lies in the state of the soul itself;
in wisdom and self-control
• greatest good was contentment (happiness) and
serenity (peacefulness). Peace of mind was of the
highest value.
• Current day
• Basic definitions of ethics remain in use
• Varied consensus depending on location of group(s)
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1.4. Classification of Ethics
Ethics is divided into three primary areas:
• Meta – ethics:
• the study of concepts of ethics
• Normative ethics:
• the study of how to determine ethical values
• Applied/Professional ethics:
• the study of the use of ethical values
29
Meta – Ethics
• is the branch of ethics that seeks to understand the
nature of ethical properties, and ethical statements,
attitudes, and judgments.
• concerned primarily with the:
• the fundamental semantic (meaning of ethical judgments and/or
prescriptions ), ontological (theory of being), and epistemic (about
knowledge) nature of ethics or morality
• addresses questions such as "What is goodness?" and "How can we tell
what is good from what is bad?", seeking to understand the nature of
ethical properties and evaluations.
30
Normative Ethics
• is the branch of philosophical ethics that investigates
the set of questions that arise when we think about
the question “how ought one act, morally speaking?”
"What should one do?",
• distinct from meta-ethics because it examines
standards for the rightness and wrongness of actions,
while meta-ethics studies the meaning of moral
language and the metaphysics of moral facts.
• Semantics of ethics divides naturally into:
• Descriptivism
• Non-descriptivism 31
Descriptive vs Prescriptive
Ethics
• Descriptive ethics – “What IS”
• Prescriptive ethics – “What OUGHT to be”
• Descriptive, or scientific, studies of professional ethics help us identify
issues that need to be included in Code of Ethics and in educational
programs.
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Descriptive Ethics
Burgess and Mullen study. Most common ethical misconducts:
1. Plagiarism
2. Confidentiality of data
3. Faked data
4. Criticizing colleagues for gain
5. Destruction of data
6. Holding back, disguising data
7. Not reporting incident deliberately
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Descriptive Ethics cont’d
Patricia Logan 2001, USA. Reported reasons for misbehavior,
hygienists:
1. Economic pressure
2. Transition from employee to consultant results in
compromises
3. Working in foreign countries
4. Lack of legal standards
5. Decrease in job security
34
Non-Descriptive Ethics
• contends that ethical propositions are
irreducible in the sense that their meaning
cannot be explicated sufficiently in terms of
descriptive truth-conditions.
35
Applied Ethics
• Is a discipline of philosophy that attempts to apply
ethical theory to real-life situations
• There are several sub-branches of professional/applied
ethics:
• Business ethics
• Medical ethics (e.g. Bioethics)
• Medical Laboratory ethics
• Genetics
• Journalism ethics
• Engineering ethics
• Legal ethics
36
Applied Ethics cont’d
37
Professional Ethics
• concerns the moral issues that arise because of the
specialist knowledge that professionals attain, and how
the use of this knowledge should be governed when
providing a service to the public.
• is the moral principle, which should guide members of
the profession in their dealings with each other and
with their patients, the patrons (clients), the state etc
• is a collective and disciplined concern of the group
• attitude of the professional should be unselfish concern
for the welfare of others
Note: Professional ethics is therefore, an inherent38
characteristic of professional behavior
Professional Ethics, cont’d
• Adherence to professional standards is expressed
through taking a professional oath and accepting
professional code of ethics
• The oath is usually brief, general and intended to
obligate and inspire the professional to abide by
applicable laws, codified ethics and the dictates of
conscience and religious principles
• The code of ethics, compared with an oath is
normally more detailed and more explicit.
39
Professional morality vs
Ethics
• Professional Morality – what we do in our occupational lives
• Professional Ethics – the study of what we do in our
professional lives
40
1.5. Principles of Ethics
• Principles are basic ideas that are starting points
for understanding and working through a problem
• Ethical principles presuppose that medical
laboratory professionals should respect the value
and uniqueness of persons and consider others to
be worthy of high regard
• The most commonly accepted principles of
medical ethics include:
• Respect for Patient Autonomy
• Beneficence and Nonmaleficence
• Justice 41
1.5. Principles of Ethics
• Other principles include informed consent, confidentiality and
honesty
• The major principles of medical laboratory ethics are:
• Autonomy
• Beneficence
42
Principles of Ethics cont’d
1. Autonomy: means independence and ability to be
self directed in health care. Autonomy is the basis
for the client’s right to self determination
• Infants, young children, mentally handicapped or
incapacitated people, or comatose patient do not have
the capacity to participate in decision making about their
healthcare. If the client becomes unable to make
decisions for himself/herself, a “surrogate decision
maker” would act on client’s behalf.
2. Beneficence: acting in the best interests of
patients (doing or promoting good). This principle 43
is the basis for all health care providers
Principles of Ethics cont’d
46
Review Questions
• Who were the first scholars to discuss and define ethics?
• What are the different types of ethics?
• What are characteristics of professional and ethical behavior?
47
• Next is chapter 2: Interpersonal relationships
2.0
Interpersonal Relationships
48
2.0. Interpersonal
Relationships
2.1. Interpersonal relationship with patients
2.2. Interpersonal relationship with one’s family
2.3. Interpersonal relationship with visitors
2.4. Interpersonal relationship with colleagues and
other health professionals
2.5. Medical laboratory patient- relationships
49
Objectives
Upon completion of this chapter the student will be able to:
• Define terms such as interpersonal, patient, client, surrogate,
informed consent and disclosure
• Describe interpersonal relationship with patients, with one’s
family, with visitors, with colleagues and other health
professionals
• Explain the importance of medical laboratory patient-
relationships.
50
2.1. Interpersonal
relationships with patients
• Medical Laboratory professionals are
accountable for the quality and integrity of the
laboratory services they provide
• The medical laboratory technologist should:
• always regard concern for the best interests or well-being of your
patients as your primary professional duty.
• honor the trust of your patients
• be mindful that a medical laboratory science practitioner is in a
position of power over a patient and avoid abusing your position.
51
Interpersonal relationships
with patients, cont’d
• The medical laboratory technologist should:
• respect patients’ privacy and dignity
• treat patients politely and with consideration
• apply the principle of informed consent as an on-going process
• recognize the rights of patients to expect that you will not pass on
any personal and confidential information you acquire in the
course of your professional duties, unless they agree to disclosure
or the law demands
52
Interpersonal relationships
with patients, cont’d
• The medical laboratory technologist should:
• Ask patients’ permission before sharing information with their
spouses, partners or relatives.
• always seek to give priority to the laboratory diagnostic service to
patients solely on the basis of clinical need.
53
2.2. Interpersonal
relationships with family
• Group activity
1.Have you ever accompanied a friend or family member to a
hospital?
2. Were you afraid - did healthcare professionals at the hospital
smile and offer to help you? – were you treated with respect?
3. Please give examples of behaviors that were positive and also
those examples that were negative
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2.3. Interpersonal
relationship with visitors
The medical laboratory technologist should:
• Explain to family and visitors that your first duty
is to honor the trust and confidentiality of your
patients
• Be polite and respectful of family and visitors
and offer to answer questions for directions;
questions about the patient’s condition should
be directed to the patient (or clinician with
patient approval)
55
• Respect family and visitor dignity
2.4. Interpersonal relationship
with colleagues and other health
professionals
The medical laboratory technologist should:
• Not make a patient doubt a colleagues’
knowledge or skills by making comments about
them that cannot be fully justified
58
Communication and consent
• The patient has the right to self- determination, to
make free decisions regarding himself/herself.
• The medical laboratory professional will inform the
patient of the consequences of his/her decisions.
• A mentally competent adult patient has the right to
give or withhold consent to any diagnostic procedure
or therapy.
• The patient has the right to the information
necessary to make his/her decisions.
59
Communication and
consent
• The patient should understand clearly the
purpose of any test or treatment, what the result
would imply, and what would be the implication
of withholding consent.
• Competent patients have the right to refuse
treatment, even when the refusal will result in
disability or death.
• As an ethical concern if a patient is not mentally
capable to make a decision, a surrogate decision
maker needs to be part of the discussion. 60
Communication and Consent
• The surrogate decision maker is a person designated by the
patient to make medical decisions in the event the patient is
unable to.
Informed Consent:
• Definition: A patient’s willing acceptance of a medical
intervention after adequate disclosure from the health
professional of the nature of the intervention, risks, benefits
and alternative treatment options
61
Informed Consent
• What constitutes informed consent?
• Disclosure: information to allow reasonable person to make a
decision
• Understanding: comprehension of the information given
• Voluntary: no coercion or incentive to accept or deny a treatment
• Agreement: verbal or written (preferred) to discussed
intervention
62
Confidentiality
63
Confidentiality
• Patient confidentiality must be upheld
• Breaching patient confidentiality may be merited only:
• When ordered by court of law – a court case
• Where statutory/legal requirement – public health laws
• Where required in health professional’s defense –malpractice suit
• Where necessary for appropriate patient care-speaking to another
provider in the medical care system
64
Review Questions
• What is informed consent?
• What is confidentiality?
• How do laboratory workers help to seek informed consent
from patients?
• What is disclosure?
• When is a surrogate decision maker involved?
65
3.0. Principles of confidentiality
and privacy responsibility
66
3.0. Principles of confidentiality and privacy
responsibility
3.1. Ethical dilemma in decision making
3.1.1. Moral theories
3.1.2. Ethics and Law
3.1.3. Ethics and Medical Laboratory Science
3.1.4. Professional ethics and the law
3.2. Responsibility and accountability to the profession
3.2.1 Professional Responsibility
67
Objectives
• Upon completion of this chapter the student will be able to:
• Define terms such as ethical dilemma, moral and legal
• Discuss moral theories
• Differentiate ethics from law
• Describe ethical situations involving the laboratory
• Describe health law involving the laboratory
68
Ethical Dilemma
• Situations in which two or more moral obligations,
duties, rights, or ideals come into conflict
• there is no clear right or wrong answer or there may be more than one
correct solution
• To resolve we must identify the factors, gather facts,
rank moral considerations, consider alternative
courses of actions, and arrive at a judgment.
69
Resolution of Dilemmas
71
Ethical / Moral Theories
72
3.1.1 Moral Theory
73
How We Come by Moral Theories
• Family
• Religion
• Culture
• Experience and reflection
• Education
74
Moral Action Theories – “Doing”
Based on:
1.consequences for community
2. rights of individuals
3. duties of individuals
4.virtues
75
Human Goods
• Human life considered to be fundamental good, pre-
conditional good
76
1. Consequentialism
• argues that the morality of an action is contingent
on the action's outcome or result.
• The greatest good for the greatest number
• an act is right only if it tends to result in the greatest
net good
• all acts are potentially permissible; depends on
consequences
• all persons count equally
• difficult to determine which consequences, what
probability, what weight? 77
• May sacrifice individuals for greater good
Consequentialism cont’d
• Utilitarianism:
• one forms of Consequentialist theories which
holds that an action is right if it leads to the
most happiness for the greatest number of
people.
• Utilitarianism: finds the ethical criterion in the
greatest good for the greatest number.
78
2. Rights-Based Theories
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3. Duty-Based Theories
• Duty = obligation, responsibility
• Considers motive or intention of decision-maker,
plus nature of act, rights, consequences
• Good motive, means are acceptable, nature of act is
good
• Consequences are of secondary consideration
• Recognizes complexity
• Value of individual is important
• May sacrifice community good for the sake of 80
individual duty
Kantianism
• Decide if an act is right or wrong without looking at
consequences
• non-consequentialist
• Duty to:
• “Always tell the truth”
• “Always avoid taking an innocent life”
• “Always treat others as ends in themselves and never as means solely”
Basis of respect for persons
• “Deontological” = prior to action
• Motivated by reason alone
• “Universal moral imperatives”
81
4. Virtue-Based Theories
• Act for the sake of virtue, or as a virtuous person
would
• A virtue is a good character trait or disposition
• Tendency to act in a way that promotes human
good or human flourishing
• More people affected by virtue than fewer
• More virtues expressed than fewer
• BUT, some virtues may be more important than
others
• Virtues may be culturally specific 82
Virtues
Examples:
• Benevolence (kindness)
• Justice
• Friendliness
• Honesty
• Integrity
83
Ethical Dilemma Group
Activity*:
• The hijacked plane with 200 people is approaching a building with
50,000 people
• Vote! Will you shoot down the plane?
• You cannot subscribe to both principles in the case.
• A true moral dilemma
• Which position has the greatest weight in the circumstances?
84
3.1.2 Ethics and Law
Description of Ethics and Law:
• Medical ethics and the law are not the same, but
often help define each other
• Breach of ethical obligation may not necessarily
mean breach of law
• Breach of ethical obligation may be used to
prove medical malpractice or medical negligence
85
3.1.2 Ethics and Law
• Ethics consists of far more than abiding by rules, procedures,
and guidelines. Even the most detailed of laws cannot govern
every aspect of our laboratory experience or keep pace with
the explosion of knowledge and technology we have seen in
the medical field.
86
3.1.2 Ethics and Law cont’d
Description of Ethics and Law:
• Much of what is ethical is unaddressed by legal
rules
• The law from its inception was meant for
adjudicating conflicts in a way to preserve the
basic societal order
• Legal codes set a general standard of conduct
which must be adhered to in civil law
87
Ethics and Law
• Ethics is not adopted into law, but is a major professional &
moral guiding principle, even though it is unenforceable.
• Simply stated, ethics represents what we should do, not what
we must do. It represents an expression of conscience rather
than the obligatory fulfillment of governmental fiat.
88
Ethics vs Law
• Law – the authority is external
• Ethics – the authority is internal
Be very careful not to assume that there is a legal rule for every
situation. Often the gaps between legal rules require one to
switch to an ethical analysis.
90
3.1.3 Ethics and Medical
Laboratory Science
• Health professional’s ethics emanated and
expressed through:
• Law
• Institutional policies
91
3.1.3. Ethics and medical
laboratory science, cont’d
Responsibility/ethical duty of Medical Laboratory
Professionals:
• A moral duty to obey the law
• Professional ethics covers more issues than the
law
• Behaving unethically without behaving illegally
• Ethical decision rarely must resist the law
92
3.2.1. Professional
Responsibility
Professional responsibility:
• is the area of practice that encompasses the duties/ethics of
medical laboratory professionals to:
Act in a professional manner
Obey the law
Avoid conflicts of interest
Put the needs of patients ahead of their
own interests.
93
Review Questions
• What is the difference between ethics and law?
• What is a moral dilemma including an example?
• What are some example ethical situations involving the
laboratory?
• What are specific health laws affecting the laboratory
94
References for Chapters 1-3
• Ethiopian Medical Laboratory Association (Ethiopia
Medical Laboratory Association) Code of Ethics for
Medical Laboratory Technologists Practicing in Ethiopia,
2008
• Medical Ethics Manual, World Medical Association, 2005
• James M. Gripando. Nursing Perspectives and Issues;
Delmar publishers INC 3rd edition
• International Federation of Biomedical Laboratory
Science (IFBLS) code of ethics IFBLS general assembly of
delegates, 1992
95