Confidentiality in Relation to Nursing Practice - Essay Example

Running head: Confidentiality in relation to nursing practice Confidentiality in relation to nursing practice Insert Insert number Insert Instructor’s Name 12th January 2012 Introduction The wide range of challenges that are faced by nurses in the course of provision of health care calls for upholding high level of ethics. In order to create a positive relationship with their patients, it is imperative for hospital nurses not to overlook the dignity of the individuals they are caring (Tschudin, 2003). This will not only generate a sense of trust within the field of nursing, but also it creates a positive impression of the nursing profession. One of the major ethical aspects that nurses should adopt is confidentiality. In relations to nursing practice, confidentiality depicts that any information about the health situation of the patient should be shared with other nurses and third parties only after the approval of the person under care. However, if the nurses perceive that the information is vital in preserving life and needs to be released to third parties, they are still allowed to release it without necessarily seeking the permission of the patients. This paper seeks to discuss the aspect of confidentiality in relation to nursing practice. Confidentiality in relation to nursing practice As indicated in the introduction part, the consent of a patient is vital as far as releasing of information that relates to his or her health is concerned. This means that nurses should take adequate precaution to ensure that information related to their patients is safeguarded. One of the key issues that nurses should not ignore is respect of the right of each individual to the privacy of the information. This means that a person should be allowed to have a significant control over the use of the information. In the same way, patients should be allowed to disclose and access all the information that relates to their health. In cases where individuals are legally required to provide health record for instance during legal procedures, nurses should allow such individuals to access their health records without obstacles (The ICN Code of Ethics for Nurses. 2006). To ensure that ethics are upheld in the nursing practice, various confidentiality laws have been adopted in the nursing profession. In this regard, nurses should adhere to such laws so at to propagate professional relationship that is vital in the provision of effective health care. Another fundamental aspect that is covered by the confidentiality is that if other individuals who are involved in the provision of health care do not maintain confidentiality during their duties, nurses especially those who directly deal with the patients should intervene (Armstrong, 2007). It is important to note that lack of team work among the providers of health care is a major factor that is detrimental to maintenance of confidentiality in the nursing profession. Thus, it is imperative for hospital nurses to train their colleagues on the importance of safeguarding the information that relates to individuals under care. Legislation relating to confidentiality in the nursing practice The section below discusses some of the major legislations that guides hospital nurses during the duties. Data Protection Act of 1998 Data Protection Act of 1998 regulates the processing of the information that relates to patients who are alive. The Act, that covers all types of media including the electronics forms and paper records, governs processing, recording, obtaining, and disclosing of the information by the nurses (Tuckett, 2004). Embryology and Human Fertilization Act of 1990 This legislation seeks to control the provision of reproductive services using the modern technology. For example, nurses are banned from disclosing the information relating to gamete donors to the third parties (McHale & Gallagher, 2003). According to International Council of Nurses (2000), nurses should not disclose the identity of the individuals who are using the technology reproductive services. According to this legislation, any disclosure of information that is protected by the Act is a criminal offence that calls for legal action against the concerned nurses. Mental Capacity Act of 2005 Mental Capacity Act of 2005 is fundamental in providing a legal ground for the patients who have mental incapability that affects their independence in making decisions. This means that hospital nurses who are directly involved in providing health care to the patients must assess the individual ability to make decisions. Computer Misuse Act of 2000 Based on the increased use information technology by hospital nurses, Computer Misuse Act of 2000 was introduced with the aim of securing patients data that is stored in computers. It is worth to note that any unauthorized access of patient’s information by third parties may result to alteration of such information thus compromising the confidentiality of the information. In the same way, users of the computerized data should only access the permitted information otherwise it will result to criminal offence. Disclosure of confidential information The major factor that is vital for the disclosure of information by hospital nurses is the consent of a patient. Such consent does not only make the disclosure ethical and legally acceptable, but also it protects the hospital nurses from legal liability. Disclosure of confidential information may be propelled by various factors as discussed in the section below. Disclosure with patient’s consent Disclosure of a patient’s information based on his or her consent can either be implied or explicit. Under the explicit consent, a hospital nurse is permitted to disclose the information after he or she informs the patient about the identity of the third parties who will share the information. Additionally, a patient must be informed of the motive for the disclosure. Even though explicit consent can either be oral or written, most hospital nurses prefer a written format as a way of eliminating legal liability in future. Rumbold (1999) stipulates that under implied consent hospital nurses assumes patients who are under their care understands that the information relating to their health situation may be shared among other hospital nurses. This means that nurses should inform people under their care of how the information is being shared. To avoid legal implications and liability, it is imperative for the nurses to record any objection that may arise under the implied consent. Disclosure without consent Hospital nurses are obliged by most authorities to disclose information that is vital for instance during the police investigation and detection. In order to prevent further crimes and provide protection to other members of the society, hospital nurses are also supposed to provide information of patients who have criminal record. Good examples of cases that nurses should disclose include injuries that have been caused during rape, kidnapping, murder and child abuse among others. One of the major issues that nurses should keep in mind is that in most cases justification of the disclosure is required by courts as well as nurses organizations (Baille et al, 2008). Similarly, due to public interest nurses are also under obligation to provide information of their patients that have been admitted due to gross immorality and misconduct. Conclusion Based on the above discussion, it is clear that confidentiality in nursing practice is a concept that cannot be overlooked if nurses are aimed at maintaining professionalism during their duties. Nurses in various fields including hospital nurses should uphold confidentiality through respecting the rights of the people under their care. In this way, it will ensure that patients are involved during collection and disclosure of confidential information. Unless hospital nurses are under legal obligation to disclose information regarding their patients, it is vital to seek their patient’s consent. References Armstrong, A.2007. Nursing Ethics: A Virtue-Based Approach. Palgrave: Macmillan. Baille L, Gallagher A. & Wainwright P. 2008. Defending Dignity. Royal College of Nursing. International Council of Nurses. 2000. The ICN code of ethics for nurses. http://www.nursing.upenn.edu/history/Documents/ICN_MC112_Brief_Description.pdf. Retrieved January 12, 2012. McHale, J & Gallagher, A. 2003. Nursing and Human Rights. New York: Heinemann. Rumbold, G.1999. Ethics in Nursing Practice. New York: Heinemann. The ICN Code of Ethics for Nurses. 2006. International Council of Nurses. http://www.icn.ch/about-icn/code-of-ethics-for-nurses/. Retrieved January 12, 2012. Tschudin, V. 2003. Ethics in Nursing: the caring relationship. Edinburgh: Butterworth-Heinemann. Tuckett, A. 2004. Truth-Telling in Clinical Practice and the Arguments for and Against: a review of the literature. Journal on Nursing Ethics London: SAGE Publications. Read More