As Emphasized In This Week's Media Presentation All Nurses

As Emphasized In This Weeks Media Presentation All Nurses Need To Be

As emphasized in this week’s media presentation, all nurses need to be familiar with the laws and regulations that govern their practice: their state’s Nurse Practice Act, the ANA’s Nursing: Scope and Standards of Practice, specialty group standards of practice, etc. In addition, basic ethical principles guide nurses’ decision-making process every day. ANA’s Code of Ethics and ANA’s Social Policy Statement are two important documents that outline nurses’ ethical responsibilities to their patients, themselves, and their profession. This said, there is a dilemma: The laws are not always compatible with the ethical positions nurses sometimes take. This week’s Discussion focuses on such a dilemma.

To prepare: Review this week’s Learning Resources, focusing on the information in the media presentation about the relationship between the law and ethics. Consider the ethical responsibility of nurses in ensuring patient autonomy, beneficence, non-malfeasance, and justice. Read the following scenario: Lena is a community health care nurse who works exclusively with HIV-positive and AIDS patients. As a part of her job, she evaluates new cases and reviews confidential information about these patients. In the course of one of these reviews, Lena learns that her sister’s boyfriend has tested HIV positive.

Lena would like to protect her sister from harm and begins to consider how her sister can find out about her boyfriend’s health status. Consult at least two resources to help you establish Lena’s legal and ethical position. These resources might include your state’s Nurse Practice Act, the ANA’s Code of Ethics, ANA’s Nursing: Scope and Standards of Practice, and internal or external standards of care. Consider what action you would take if you were Lena and why. Determine whether the law and the ANA’s standards support or conflict with that action.

Paper For Above instruction

In navigating complex ethical dilemmas like Lena’s situation, nurses must balance their legal obligations with their professional ethical standards. Lena’s scenario raises critical questions regarding patient confidentiality, the duty to protect third parties, and adherence to legal and ethical guidelines in nursing practice.

According to the ANA’s Code of Ethics for Nurses, nurses are ethically obliged to respect patient confidentiality, uphold trust, and prioritize patient rights and autonomy. Confidentiality is foundational to the nurse-patient relationship, as it fosters trust and encourages honest communication essential for effective care (American Nurses Association [ANA], 2015). However, this confidentiality can conflict with the nurse’s duty to prevent harm to others, especially when dealing with infectious diseases like HIV/AIDS.

Legally, the Nurse Practice Act varies by state but generally recognizes mandatory reporting requirements for certain communicable diseases, including HIV/AIDS. Most states require healthcare professionals to report new HIV cases to public health authorities for surveillance and control efforts, but this does not typically extend to third-party disclosures without consent (Centers for Disease Control and Prevention [CDC], 2010). Therefore, Lena’s review of confidential patient data might be legally permissible under state law if she is complying with reporting mandates, but disclosing this information directly to third parties, such as Lena’s sister, without the patient’s consent, would be a breach of confidentiality and possibly illegal.

In terms of ethical reasoning, Lena must consider her obligation to protect her sister from potential harm (beneficence) versus respecting her patient's right to confidentiality and autonomy. The principle of non-malfeasance obligates Lena not to cause harm to her patient by violating confidentiality. The principle of justice requires fair treatment and non-discrimination but does not compel disclosure to a third party without consent unless mandated by law or ethical standards (Beauchamp & Childress, 2019).

If I were Lena, my primary ethical responsibility would be to maintain patient confidentiality unless legally obligated to disclose. Given that mandatory reporting involves informing public health authorities, not third parties, I would ensure I comply with reporting requirements but avoid revealing specific patient information directly to Lena’s sister. I would advise Lena about the importance of confidentiality and the limits set by law, emphasizing that indirect disclosure to her sister without the patient's consent could breach ethical standards and legal regulations. Consequently, I would recommend that she encourage her sister to discuss her concerns directly with her boyfriend or encourage him to disclose his health status voluntarily, respecting his autonomy while considering the legal framework.

In conclusion, Lena’s actions should align with both legal obligations and professional ethical standards. While protecting her sister from harm is a valid concern, respecting patient confidentiality and adhering to legal mandates take precedence unless there is an imminent, serious threat requiring intervention. Such dilemmas underscore the importance of nurses’ understanding of their legal and ethical responsibilities, ensuring they can navigate complex situations without compromising professional integrity or patient rights.

References

• American Nurses Association. (2015). Code of Ethics for Nurses with Interpretive Statements. ANA.
• Beauchamp, T. L., & Childress, J. F. (2019). Principles of Biomedical Ethics (8th ed.). Oxford University Press.
• Centers for Disease Control and Prevention. (2010). HIV infection among youth in the United States. CDC.
• Gordon, S. (2013). Ethical and legal issues in HIV/AIDS nursing. American Journal of Nursing, 113(8), 44-50.
• Jecker, N. S., & Loike, J. D. (2018). Ethical principles and HIV disclosure. Bioethics, 32(3), 154-161.
• National Conference of State Legislatures. (2021). State Laws on HIV/AIDS Reporting. NCSL.
• Pennsylvania Department of Health. (2019). HIV Confidentiality and Reporting Requirements. Pennsylvania.gov.
• Reamer, F. G. (2018). Ethical and legal issues in social work practice with HIV/AIDS clients. Social Work, 63(1), 52-61.
• Starr, P. (2017). The Social Transformation of American Medicine. Basic Books.
• Wagner, E. H., et al. (2012). Ethical issues in infectious disease management. Infection Control & Hospital Epidemiology, 33(S2), S50–S54.