CODE OF ETHICS
Ethics is the branch of philosophy related to morals or moral principles. Morals are what a person believes to be the acceptable or right way to live. Morals govern a person’s behavior. The study of ethics involves the examination of human character and conduct, the distinction between right and wrong, and a person’s moral duty and obligations to the community. Ethics have been part of the medical profession since the earliest days of the profession.
The earliest code of ethics or principles to govern conduct for those in medicine dates back to around 1800 BC, to the Code of Hammurabi. In 400 BC, Hippocrates, a Greek physician referred to as the “Father of Western Medicine,” wrote a statement of principles for his medical students to follow. This statement of principles is known as the Hippocratic Oath (Box 2-1 in the chapter titled “Medical Science: History and Practice”) and it remains important today. This oath reminds medical students of the importance of their profession, the need to teach others, and the obligation they have to act in such a way as to never knowingly harm a patient or divulge a confidence. The Hippocratic Oath is recited at medical school graduation ceremonies, and has been for centuries, as it carries an important ethical message for physicians. Modern codes of ethics have been developed as medical science has continued to advance.
MEDICAL ETHICS
Medical ethics refer to the moral conduct of people in medical professions. This moral conduct of medical professionals is governed by the high principles and standards that these professionals set for themselves and willingly choose to follow through personal dedication. Every medical profession has a code of ethics that sets the moral standards to which members of that profession are expected to adhere.
Ethical Standards of Behavior Ethical standards are generally more severe than standards required by law. In many cases, ethical standards are more demanding than the law. A violation of an ethical standard could mean the loss of the physician’s reputation.
Ethical behavior, according to the American Medical Association (AMA), refers to moral principles or practices, the customs of the medical profession, and matters of medical policy. Any actions that do not follow these ethical standards constitute unethical behavior. When a physician is accused of unethical behavior or conduct in violation of these standards, the AMA can issue a warning or censure. The AMA Board of Examiners may recommend the expulsion or suspension of a physician from membership in the association. Expulsion, or being forced out of the association, is a severe penalty for physicians because it limits the physician’s ability to practice medicine.
Not all physicians are members of the AMA, and the AMA does not have authority to bring legal action against nonmembers for unethical conduct. However, the state medical board that issued the physician’s license may limit the physician’s practice or revoke the license altogether for ethical misconduct. If it is alleged (asserted or declared without proof) that a physician has committed a criminal act, the medical society is required to report it to the state board or governmental agency. A violation of the law that is followed by a conviction for the crime may result in a fine, imprisonment, or both. The state medical board can then revoke (cancel) the physician’s license to practice medicine.
**PROFESSIONALISM THE LAW
As an agent or representative of the physician, the medical assistant is responsible for understanding ethical standards related to any office issue. It is important to remember that the medical assistant cannot diagnose or treat illnesses, although educating the patient about information the physician has given is expected. Patient confidentiality cannot be breached for any reason. Staff members should not access or open any chart for which they do not have a specific, work-related need.
PROCEDURE 3-2 Reporting Illegal Activity in the Health Care Setting Procedure
Equipment and Supplies Pen and paper; phone book; computer with Internet access and word processing software; printer Method 1. Create a list that identifies examples of illegal activity that may occur in the health care setting. 2. Next to each example, identify the proper authority or governing agency that would be contacted in order to report the illegal behavior (e.g., local police department, Drug Enforcement Agency). 3. Using a phone book or an Internet search engine, locate the contact information for each governing authority identified in the step above. 4. Create a document using word processing software that could be used in the medical office as an informative reference guide that summarizes the information in steps 1–3. 5. On a separate sheet of paper, write a paragraph describing the steps you would take if you found out the medical office where you worked was committing insurance fraud by billing insurance companies for services that were not performed on patients.
AMA Principles of Medical Ethics
In the United States, the American Medical Association (AMA) has taken a leadership role in setting standards for the ethical behavior of physicians. The AMA was organized in New York City in 1846, and its first code of ethics was formed shortly after that in 1847.
The AMA Principles of Medical Ethics encompass human dignity, honesty, responsibility to society, confidentiality, the need for continued study, freedom of choice, and a responsibility of the physician to improve the community. For more information about the AMA Principles of Medical Ethics, visit the AMA’s website at www.ama-assn.org.
MEDICAL ASSISTANTS’ PRINCIPLES OF PERSONAL AND PROFESSIONAL ETHICS Medical assistants may not be involved with the life-anddeath ethical decisions that face the physician. However, they do face many dilemmas regarding right or wrong behavior on an almost daily basis. Examples include a coworker violating patient confidentiality, a medical assistant using foul language in front of a patient, or a team of care givers treating a patient disrespectfully because of the patient’s body odor. More severely, a medical assistant may be asked to perform unethical or even illegal actions by their physician-employers. It is important to remember that medical assistants, by law and scope of practice, are required to treat patients lawfully and ethically. A medical assistant may question whether an order from a physician crosses legal or ethical lines. The Blanchard and Peale Ethical Model can help the medical assistant distinguish and recognize legal and ethical issues. The model is based on applying a set of questions to determine issues of ethics and legality to given situations.
The Blanchard and Peale Ethical Model
- Is it legal?
- Is it ethical?
- How will the action make me feel?
- How would I feel if the action and my participation were to be published in a local newspaper? (This is often referred to as the Front Page of the Newspaper Test.)
As each situation varies, so will the appropriate response regarding how it should be handled.
Ethics, Morals, and Your Profession
Ethics differ from laws in key ways. Laws are legally enforceable and carry penalties (fines or imprisonment), whereas ethics are valued by professional organizations and rarely result in severe penalties for ethical violations. If an ethical violation occurs, the guilty party may be shunned professionally or have a certification revoked, but no severe penalties exist for ethical violations.
Moral decisions are different from legal and ethical decisions. For instance, it isn’t illegal for two consenting adults to engage in sexual relations. However, it is considered unethical to have a sexually intimate relationship with a patient. Similarly, many people hold the moral belief that it is not appropriate to have sexual affairs before or outside a marriage. Although some acts that are considered immoral do not have a civil or professional penalty, an individual might be socially shunned by those who don’t approve of certain moral choices.
In some cases, the medical assistant may have a personal moral, religious, or ethical reason for wishing not to be involved in particular procedures, such as abortions or artificial insemination. These preferences should be stated to the employer before employment, allowing them to be considered when making a hiring decision. In the event that the situation arises after employment begins, all concerns should be communicated to the employer immediately. If there is a moral or ethical disagreement, it is very important not to judge the physician’s interpretation of ethical guidelines. However, you may request to be excused from participating in any procedures about which you have ethical doubts.
Bioethics is a term that refers to ethical decisions regarding life issues. For example, stem cell research, in vitro fertilization, and abortion rights are sometimes controversial issues that concern human life. The medical assistant must reflect on bioethical decisions but support the patient in the patient’s own decision making. Working as a medical assistant, you must never impose your personal ethics or morals on a patient. Regardless of their personal decisions, you must always treat them with dignity and the utmost respect. If a medical assistant’s choice to not assist the physician in a specific procedure jeopardizes the health and safety of a patient, or interferes with the physician’s ability to do the procedures, it may be necessary for that medical assistant to seek other employment.
Scientific Discovery and Ethical Issues
Many areas of medical ethics—When should life support be withdrawn? When does a life begin? Is euthanasia ever permissible? Should the unborn baby’s life be sacrificed to save the mother? and more—have no conclusive answers. Scientific discoveries present new medical possibilities and choices every day. With these possibilities, more complicated ethical issues often need to be addressed before choices can be made. The medical assistant has a responsibility to keep current on medical advances and form opinions based on sound medical ethics and practice. Procedure 3-3 will help the medical assistant understand how to separate personal and professional ethics.
AAMA Code of Ethics
The Code of Ethics of the American Association of Medical Assistants (AAMA) is a professional standard that medical assistants are expected to follow. The code, which describes ethical and moral conduct for the medical assistant, is similar to the AMA’s Principles of Medical Ethics. Box 3-5 lists the code of ethics of the AAMA. Medical assistants assume a position of trust and must try to live up to the standards of the profession as stated in the code.
AAMA Creed
The Creed of the AAMA can be best followed by the medical assistant who spends time reading about and discussing ethical problems, such as transplants, artificial insemination, abortion, and the right to die with dignity. To be true to this creed, the medical assistant must know about the ethical issues the patient faces and be committed to treating the patient with respectful care regardless of the patient’s religious beliefs or cultural practices.
Creed of the American Association of Medical Assistants
I believe in the principles and purposes of the profession of medical assisting.
I endeavor to be more effective.
I aspire to render greater service.
I protect the confidence entrusted to me.
I am dedicated to the care and well-being of all people.
I am loyal to my employer.
I am true to the ethics of my profession.
I am strengthened by compassion, courage, and faith.
Copyright by the American Association of Medical Assistants, Inc. Reprinted with permission.
AMT Standards of Practice
The American Medical Technologists (AMT) has standards of practice that reflect the ethical expectations for those with the Registered Medical Assistant (RMA) credential. Similar to the AAMA creed, the AMT Standards of Practice call for ethical behavior by medical assistants. AMT seeks to encourage, establish, and maintain the highest standards, traditions, and principles of the practices that constitute the profession of the registry. Members of the AMT certification agency and the registry must recognize their responsibilities, not only to their patients but also to society, to other health care professionals, and to themselves.
The following standards of practice are principles adopted by the AMT Board of Directors, which defines the essence of honorable and ethical behavior for a health care professional. AMT requires that any known violations of the standards are reported so they can be referred to the Judiciary Committee of AMT for consideration of revocation of the individual’s certification or other disciplinary sanctions.
AMT Standards of Practice
- While engaged in the Arts and Sciences, which constitute the practice of their profession, AMT professionals shall be dedicated to the provision of competent and compassionate service and shall always meet or exceed the applicable standard of care.
- The AMT professional shall place the welfare of the patient above all else.
- When performing clinical duties and procedures, the AMT professional shall act within the lawful limits of any applicable scope of practice, and when so required shall act under and in accordance with appropriate supervision by an attending physician, dentist, or other licensed practitioner.
- The AMT professional shall always respect the rights of patients and of fellow health care providers, shall comply with all applicable laws and regulations governing the privacy and confidentiality of protected health care information, and shall safeguard patient confidences unless legally authorized or compelled to divulge protected health care information to an authorized individual, law enforcement officer, or other legal or governmental entity.
- AMT professionals shall strive to increase their technical knowledge, shall continue to learn, and shall continue to apply and share scientific advances in their fields of professional specialization. The AMT professional shall respect the law and will pledge to avoid dishonest, unethical or illegal practices, breaches of fiduciary duty, or abuses of the position of trust into which the professional has been placed as a certified health care professional. VII. AMT professionals understand that they shall not make or offer a diagnosis or dispense medical advice unless they are duly licensed practitioners or unless specifically authorized to do so by an attending licensed practitioner acting in accordance with applicable law. VIII. The AMT professional shall observe and value the judgment of the attending physician, dentist, or other attending licensed practitioner, provided that so doing does not clearly constitute a violation of law or pose an immediate threat to the welfare of the patient. IX. AMT professionals recognize that they are responsible for any personal wrongdoing, and that they have an obligation to report to the proper authorities any knowledge of professional abuse or unlawful behavior by any party involved in the patient’s diagnosis, care, and treatment. X. The AMT professional pledges personal honor and integrity and to cooperate in protecting and advancing, by every lawful means, the interests of the American Medical Technologists and its Members.
Copyright by the American Medical Technologists. Reprinted with permission.
PROCEDURE 3-3 SEPARATING PERSONAL AND PROFESSIONAL ETHICS
Objective ◆ Identify and recognize an individual’s stance on ethical situations that impact health care; identity how to professionally address the topics.
Equipment and Supplies Pen and paper
Method 1. Consider at least two ethical topics common to the health care setting, such as abortion, stem cell research, and physician-assisted suicide, to name a few.
- Review and apply the Blanchard and Peale Ethical Model presented in the text to the ethical topics of your choice.
- Create and document a personal stance on each issue, and provide a brief explanation of your ethical beliefs.
- Identify how each of your chosen issues should be approached professionally.
- Consider if there any instances where, if presented with an ethical issue, it would impede your ability to perform your job. 6. Discuss the issues with a partner. When listening to opposing points of view, be sure to maintain professional communication and respect for the individual.
BOX 3-5 | CODE OF ETHICS OF THE AMERICAN ASSOCIATION OF MEDICAL ASSISTANTS
Preamble The Code of Ethics of the AAMA shall set forth principles of ethical and moral conduct as they relate to the medical profession and the particular practice of medical assisting. Members of the AAMA dedicated to the conscientious pursuit of their profession, and thus desiring to merit the high regard of the entire medical profession and the respect of the general public which they serve, do hereby pledge themselves to strive always to:
Human Dignity
- Render service with full respect for the dignity of humanity;
Confidentiality
- Respect confidential information obtained through employment unless legally authorized or required by responsible performance of duty to divulge such information;
Honor
- Uphold the honor and high principles of the profession and accept its disciplines;
Continued Study
- Seek to continually improve the knowledge and skills of medical assistants for the benefit of patients and professional colleagues;
Responsibility for Improved Community
- Participate in additional service activities aimed toward improving the health and well-being of the
Note: Copyright by the American Association of Medical Assistants, Inc. Reprinted with permission.