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Chapter 3 - Healthcare Ethics Committees and the Law

from Section 1 - The Context of Healthcare Ethics Committee Work

Published online by Cambridge University Press:  17 February 2022

D. Micah Hester
Affiliation:
University of Arkansas for Medical Sciences, College of Medicine
Toby L. Schonfeld
Affiliation:
National Center for Ethics in Health Care, US Department of Veterans Affairs
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Summary

Every ethics committee member needs to know something about the laws that shape and govern the clinical encounter. This is not because the law will typically determine the answers to the questions faced by the committee – far from it! Most of the problems faced by HECs aren’t answered by any statute, regulation, or judicial holding. But that doesn’t mean that law is irrelevant to the work of ethics committees. In some cases, law may define the terms in which a particular problem is discussed: “She needs to get his informed consent.” In others, law may rule some possibilities out: “We can’t just turn her out into the street.” In still others, law may authorize or even require the committee’s deliberation: “We can’t avoid making this decision.” In sum, law works mostly not to solve ethics committees’ problems, but to shape them.

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Publisher: Cambridge University Press
Print publication year: 2022

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References

American College of Obstetricians and Gynecologists. (2006). Innovative practice: Ethical guidelines. ACOG Committee Opinion No. 352. Obstetrics and Gynecology, 108(6): 15891595.CrossRefGoogle Scholar
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US Department of Health and Human Services, Office of Civil Rights. (2017, October 12). HIPAA FAQs for professionals. www.hhs.gov/hipaa/for-professionals/faq/index.html.Google Scholar

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