This document discusses legal and ethical principles for direct care professionals, including the distinction between law and ethics. It defines several legal terms and outlines ethical principles like honesty, respect, reliability, and responsibility. It also covers maintaining confidentiality, such as only sharing necessary information and protecting private health records. The document concludes by explaining advance directives like living wills and medical powers of attorney.

2. • DISTINCTION BETWEEN LAW AND ETHICS
• LEGAL TERMS AND DEFINITIONS
• ETHICAL PRINCIPLES
• AVOIDING LEGAL ACTION
• CONFIDENTIALITY
• WAYS TO PROTECT CONFIDENTIALITY
• ADVANCE DIRECTIVES

3. • Law: • Ethics:
– Rules written by the – A system of moral
legislature or a values; a set of principles
government agency. of conscientious
conduct.

4. • Abandonment:
– This is when a family or agency leaves an
individual without care or support.
• Assault:
– This takes place when an individual
intentionally attempts or threatens to touch
another individual in a harmful or offensive
manner without their consent.
• Battery:
– This takes place when an individual
harmfully or offensively touches another
individual without their consent.

5. • False imprisonment:
– This takes place when you intentionally
restrict an individual’s freedom to leave a
space.
• Fraud:
– This means that a person intentionally gives
false information in order to make money or
gain an advantage.
• Invasion of privacy:
– This is revealing personal or private
information without an individual’s consent.

6. • Liability:
– This refers to the degree to which you or your
employer will be held financially responsible for
damages resulting from your negligence.
• Malpractice:
– This is a failure to use reasonable judgment when
applying your professional knowledge.
• Negligence:
– This is when a personal injury or property damage
is caused by your act or your failure to act when
you have a duty to act.

7. • Honesty:
– Do not be afraid to politely say “no” to a task
you are not assigned to do. Also, do not be
afraid to admit that you do not know an answer
to a question or how to do a task. Never steal,
take an individual’s possessions, or falsify
documents or reports.
• Respect:
– An individual’s religious or personal beliefs and
values may differ from yours. You should
respect those differences.

8. • Reliability:
– Arrive for assignments on time. Always finish
your shift, even if an individual is being difficult or
the workload is difficult. You can address those
problems with the supervisor after you have
finished your shift.
• Responsibility:
– You should not take gifts or tips, follow the
individual’s service plan unless you consult with
your supervisor and take pride in doing your job
well.

9. • Keep personal information confidential.
– Do not discuss confidential information with
others except your supervisor or other colleagues
who are directly involved with the individual’s
care. Confidential information may include
medical, financial, or family issues.

10. • Only perform work assigned.
– If you perform a task that was not assigned by
your supervisor, you become liable for those
actions. A plan is developed for each individual
that describes exactly what services should be
provided. This is called a care plan or support
plan. It lists the tasks you should do for this
individual.

11. • Do not do less work than
assigned.
– When you fail or forget to do all
the tasks assigned, you may put
your individual at risk. As a result
of your failure to act, you might
be found negligent. Again, it is
important that you understand
the care or support plan for the
individual. You must do all the
tasks assigned to you as
described in the plan—not more
and not less.

12. • Avoid doing careless or low-quality work.
– Performing tasks carelessly might make you
liable for the damages or injuries that result.
• Report abuse and make sure your actions
are not considered abusive.

13. • Health Insurance Portability and
Accountability Act of 1996 (HIPAA):
– This keeps the identifiable health information
about our individuals confidential. It explains how
to maintain privacy and punishment for anyone
violating individual privacy.

14. • Information that should be kept confidential:
– All information about our individuals is
considered private or confidential. This includes
all personal information, medical information.

15. • How to maintain confidentiality in
conversations and on the telephone:
– Speak quiet, close doors; make sure a person is a
need to know. Never leave personal information
on an answering machine.

16. • What to do in the event of a breach of
confidentiality:
– If there is a breach of confidentiality, inform you
supervisor or privacy officer.

17. • How direct care professionals can practice
the “need to know rule”:
– The rule is really common sense. You should only
have access to confidential information that you
need to know.

18. • Spoken communications:
– Watch what you say, where you say it, and
to whom.
– Speak in a quiet voice when you share
information.
– Close doors when discussing private
information.
– Do not talk about health information matters
in front of others.
– If someone asks you a question involving
personal information, make sure that person
has a need to know before answering.

19. • Telephone communications:
– Never leave personal health information
on an answering machine regarding an
individual’s conditions, test results, etc.
– If you are leaving a message on an
answering machine/voice mail, only
leave the name of the person calling
and the agency’s telephone number
with your contact phone number, and
request a call back.
– Do not leave messages with anyone
other than the individual or a
responsible party.

20. • Medical records:
– Make sure medical records are viewed
only by those who need to see them.
– Store them in an area not easily accessible
to non-essential staff and others.
– Do not leave medical records lying around
unattended or in an area where others can
see them. Don’t leave files on car seats;
lock them in the trunk.
– Return the medical record to its
appropriate location when you are finished
viewing it.

21. • Advance directives are documents
specifying the type of treatment individuals
want or do not want under serious medical
conditions. The documents are used when a
person is unable to communicate his or her
wishes. Generally, two forms are involved
with advance directives:

22. • Living will:
– Legal document that outlines the medical care an
individual wants or does not want if he or she
becomes unable to make decisions. An example
would be the use of a feeding tube.
• Durable medical power of attorney:
– Legal document that designates another person
to act as an agent or a surrogate in making
medical decisions if the individual becomes
unable to do so.

23. • Pre-Hospital Medical Care Directive:
– Also known as the “orange form” or a DNR, is a special
advance directive. This form says that if the heart stops
beating or breathing stops, the individual does not want to
receive cardiopulmonary resuscitation (CPR) under any
circumstances. This special form, which is bright orange in
color, notifies the paramedics and emergency medical
services people that this choice has been made.

24. • It is also important to
remember that the orange
form only covers cardiac
and respiratory arrest. If the
individual has another type
of medical emergency, the
caregiver should provide
first aid measures,
including calling 911 as
indicated.

25. • Display of the Orange Form:
– because the paramedics respond quickly to an
emergency medical situation, the Pre-Hospital
Medical Care Directive must be immediately
available for them to see. It should be displayed
someplace where the paramedics will be able to
see it should the individual have a cardiac and/or
respiratory arrest. Such places would be the
refrigerator or behind the front door or living
room door.