Confidentiality, Informed Consent, and Ethical Considerations in Reviewing The
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Confidentiality in Arbitration: Beyond the Myth Richard C
University of Missouri School of Law Scholarship Repository Faculty Publications 2006 Confidentiality in Arbitration: Beyond the Myth Richard C. Reuben University of Missouri School of Law, [email protected] Follow this and additional works at: http://scholarship.law.missouri.edu/facpubs Part of the Dispute Resolution and Arbitration Commons, and the Evidence Commons Recommended Citation Richard C. Reuben, Confidentiality in Arbitration: Beyond the Myth, 54 U. Kan. L. Rev. 1255 (2006) This Article is brought to you for free and open access by University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Faculty Publications by an authorized administrator of University of Missouri School of Law Scholarship Repository. Confidentiality in Arbitration: Beyond the Myth Richard C. Reuben* I. INTRODUCTION Confidentiality has long been part of the mythology of alternative dispute resolution (ADR). That is to say, one of the apparent virtues of ADR is that its processes have been viewed as confidential. This aspect of the mythology has come under more scrutiny in recent years, particularly in the mediation context.2 This is not surprising considering the popularity of mediation 3 and the centrality of confidentiality to the mediation process. 4 Confidentiality was the primary thrust of the Uniform Mediation Act (UMA), 5 and in their * Richard C. Reuben is an associate professor of law at the University of Missouri-Columbia School of Law. I would like to thank Chris Drahozal, Steve Ware, and the members of the Kansas Law Review for inviting me to participate in this symposium, and all of the symposium participants for their helpful comments. -
New Mandates and Imperatives in the Revised ACA Code of Ethics David M
Archival Feature: 2008–2009 New Mandates and Imperatives in the Revised ACA Code of Ethics David M. Kaplan, Michael M. Kocet, R. Rocco Cottone, Harriet L. Glosoff, Judith G. Miranti, E. Christine Moll, John W. Bloom, Tammy B. Bringaze, Barbara Herlihy, Courtland C. Lee, and Vilia M. Tarvydas The first major revision of the ACA Code of Ethics in a decade occurred in late 2005, with the updated edition containing important new mandates and imperatives. This article provides interviews with members of the Ethics Revision Task Force that flesh out seminal changes in the revised ACA Code of Ethics in the areas of confidentiality, romantic and sexual interactions, dual relationships, end-of-life care for terminally ill clients, cultural sensitivity, diagnosis, interven- tions, practice termination, technology, and deceased clients. The ACA Code of Ethics (American Counseling Association sexual interactions, dual relationships, end-of-life care for [ACA], 2005; available at www.counseling.org) has a significant terminally ill clients, cultural sensitivity, diagnosis, interven- impact on the counseling profession. All ACA members are tions, practice termination, technology, and deceased clients. required to abide by the ethics code and over 20 state licensing The interviews were conducted in 2006 by David Kaplan, the boards use the ACA Code of Ethics as the basis for adjudicat- ACA Chief Professional Officer, with the members of the ing complaints of ethical violations (ACA, 2007, pp. 98–99). Ethics Revision Task Force previously listed. As a service to Because the ACA Code of Ethics is considered the standard for members, ACA ran the following columns consecutively in the profession, professional counselors can be held to the stan- Counseling Today in 2006 (available to ACA members online dards contained within by a court of law, regardless of whether at www.counseling.org.ethics). -
Human Challenge Trials for Vaccine Development: Regulatory Considerations
POST ECBS Version ENGLISH ONLY EXPERT COMMITTEE ON BIOLOGICAL STANDARDIZATION Geneva, 17 to 21 October 2016 Human Challenge Trials for Vaccine Development: regulatory considerations © World Health Organization 2016 All rights reserved. Publications of the World Health Organization can be obtained from WHO Press, World Health Organization, 20 Avenue Appia, 1211 Geneva 27, Switzerland (tel.: +41 22 791 3264; fax: +41 22 791 4857; e-mail: [email protected]). Requests for permission to reproduce or translate WHO publications – whether for sale or for noncommercial distribution – should be addressed to WHO Press, at the above address (fax: +41 22 791 4806; email: [email protected]). The designations employed and the presentation of the material in this publication do not imply the expression of any opinion whatsoever on the part of the World Health Organization concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. Dotted lines on maps represent approximate border lines for which there may not yet be full agreement. The mention of specific companies or of certain manufacturers’ products does not imply that they are endorsed or recommended by the World Health Organization in preference to others of a similar nature that are not mentioned. Errors and omissions excepted, the names of proprietary products are distinguished by initial capital letters. All reasonable precautions have been taken by the World Health Organization to verify the information contained in this publication. However, the published material is being distributed without warranty of any kind, either expressed or implied. The responsibility for the interpretation and use of the material lies with the reader. -
Informed Consent and Refusal
CHAPTER 3 Informed Consent and Refusal Evolution of the doctrine of informed consent Elements of informed consent and refusal The nature of informed consent Exceptions to the consent requirement Mrs. Stack is a 67- year- old woman admitted with rectal bleeding, chronic renal in- sufficiency, diabetes, and blindness. On admission, she was alert and capacitated. Two weeks later, she suffered a cardiopulmonary arrest, was resuscitated and intu- bated, and was transferred to the medical intensive care unit (MICU) in an unrespon- sive and unstable state. Consent for emergency dialysis was obtained from her son, who is also her health care agent. Dialysis was repeated two days later. During the past several years, Mrs. Stack has consistently stated to her family and her primary care doctor that she would never want to be on chronic dialysis and she has refused it numerous times when it was recommended. The physician, who has known and treated Mrs. Stack for many years, also treated her daughter who had been on chronic dialysis for some time and had died after suffering a heart attack. According to the physician and the patient’s family, Mrs. Stack’s refusal of dialysis has been based on her conviction that her daughter died as a result of the dialysis treatments. Mrs. Stack’s mental status has cleared considerably and, despite the ventilator, she is able to communicate nonverbally. Although she appears to understand the benefits of dialysis and the consequences of refusing it, including deterioration and eventual death, she has consistently and vehemently refused further treatments. Her capacity to make this decision is not now in question. -
The Implications of Religious Beliefs on Medical and Patient Care
University of Pennsylvania ScholarlyCommons Master of Science in Organizational Dynamics Theses Organizational Dynamics Programs 11-14-2011 The Implications of Religious Beliefs on Medical and Patient Care Dana I. Al Husseini University of Pennsylvania, [email protected] Follow this and additional works at: https://repository.upenn.edu/od_theses_msod Al Husseini, Dana I., "The Implications of Religious Beliefs on Medical and Patient Care" (2011). Master of Science in Organizational Dynamics Theses. 46. https://repository.upenn.edu/od_theses_msod/46 Submitted to the Program of Organizational Dynamics in the Graduate Division of the School of Arts and Sciences in Partial Fulfillment of the Requirements for the Degree of Master of Science in Organizational Dynamics at the University of Pennsylvania Advisor: Adrian Tschoegl This paper is posted at ScholarlyCommons. https://repository.upenn.edu/od_theses_msod/46 For more information, please contact [email protected]. The Implications of Religious Beliefs on Medical and Patient Care Abstract Throughout history and to this date in a continuously globalized world, monotheistic religions and medicine have caused numerous acrimonious debates especially in crucial moments of life and death. Medical and nursing staff working with patients from different religions in any country in the world must adhere to and respect those patients’ faiths and be aware of them to provide better patient care and in worst case scenarios, avoid litigation. Furthermore, this paper should not to be treated as an encyclopedic reference; it is merely a general overview into the three monotheistic faiths to alert professional healthcare staff of the possibility of a religious implication even if it contradicts their own concerns and points of views. -
Informed Consent
Christine Grady Department of Bioethics NIH Clinical Center The views expressed here are mine and do not necessarily represent those of the CC, NIH, or Department of Health and Human Services Informed consent is the bedrock principle on which most of modern research ethics rest…This was at the heart of the crucial ethical provision stated in the first words of the Nuremberg Code, and it remains equally compelling a half century later. Menikoff J, Camb Quarterly 2004 p 342 Authorization of an activity based on understanding what the activity entails. A legal, regulatory, and ethical requirement in health care and in most research with human subjects A process of reasoned decision making (not a form or an episode) One aspect of conducting ethical clinical research “Every human being of adult years and sound mind has a right to determine what will be done with his body… Justice Cardozo, 1914 Respect for autonomy or for an individual’s capacity and right to define own goals and make choices consistent with those goals. Well entrenched in American values, jurisprudence, medical practice, and clinical research. “Informed consent is rooted in the fundamental recognition…that adults are entitled to accept or reject health care interventions on the basis of their own personal values and in furtherance of their own personal goals” Presidents Commission for the study of ethical problems…1982 Informed consent in medical practice …informed consent in clinical practice is frequently inadequate… Physicians receive little training… Misunderstand requirements and legal standards… Time pressures and competing demands… Patient comprehension is often poor… Recent studies have demonstrated improvement in patient understanding of risks after communication interventions Schenker et al 2010; Matiasek et al. -
Professional Ethics 1.9
CANDIDATE GUIDE PROFESSIONAL ETHICS OUTCOME 8 T ABLE OF CONTENTS PAGE NO. CANDIDATE INFORMATION 4 COMPETENCY STANDARD REQUIREMENTS 5 KEYS TO ICONS 6 GENERAL GUIDELINES 7 CANDIDATE SUPPORT 9 SECTION 1: AN INTRODUCTION TO THE CONCEPT OF ETHICS AND 10 ETHICAL BEHAVIOUR 1.1. What are Ethics? 1.2. Value Systems 1.3. A Brief History of Ethics 1.4. Ethics Definitions 1.5. Key Concepts 1.6. Ethics Alarms 1.7. Importance of Ethical Conduct in Business 1.8. Professional Ethics 1.9. Ethical Issues Facing Engineers 1.10. Code of Ethics 1.11. SAIMechE‟s Code of Conduct INITIAL TEST 2 SECTION 2: PRACTICAL ETHICAL DECISION MAKING MODEL AS 37 PER THE ASSESSMENT CRITERIA 2.1. Introduction 2.2. Steps in Ethical Decision Making STEP 1: Define the Ethical Problem STEP 2: Identify Affected Parties STEP 3: Explore Optional Solutions STEP 4: Evaluate Solutions STEP 5: Select and Justify a Solution ASSESSMENT TEST SECTION 3: GENERIC GUIDELINES: LEARNING OUTCOMES AND 57 ASSESSMENT CRITERIA ARE THE GUIDING PRINCIPLES OF PROFESSIONAL PRACTICE APPENDICES 59 REFERENCES 70 RECORDING OF REPORTS 73 ASSESSMENT PROCESS 74 3 CANDIDATE INFORMATION Details Please Complete details Name of candidate Name of supervisor Work Unit Name of mentor Date started Date of completion & Assessment 4 COMPETENCY STANDARD REQUIREMENTS (Direct extract from SAIMechE‟s Standard of Professional Competency (SPC)) LEARNING OUTCOME 8 Conduct his or her engineering activities ethically. Assessment Criteria: The candidate is expected to be sensitive to ethical issues and adopt a systematic approach to resolving these issues, typified by: 1. Identify the central ethical problem; 2. -
Informed Consent for Participation in Personal Training
PRINCETON UNIVERSITY Personal Training INFORMED CONSENT FOR PARTICIPATION IN PERSONAL TRAINING Name: ________________________ 1. Purpose and Explanation of Procedure I desire to participate voluntarily in an acceptable plan of exercise conditioning. I also desire to be placed in program activities which are recommended to me for improvement of my general health and well-being in which I will be given exact instructions regarding the amount and kind of exercise I should do. Professionally trained personnel will provide leadership to direct my activities, monitor my performance and otherwise evaluate my effort. Depending upon my health status, I may or may not be required to have my heart rate evaluated during these sessions and/or regulate my exercise within desired limits. I understand that I am expected to follow staff instructions with regard to the proper performance of each exercise. I have been advised and understand it is recommended that I obtain a medical examination by a physician before I participate in this program. The medical examination is highly suggested in order to identify conditions which may preclude participation. If I am taking prescribed medications, I have already so informed the program staff and further agree to inform them promptly of any changes which my doctor or I may make with regard to such use. I have been informed that during my participation in exercise, I will be asked to complete the physical activities unless such symptoms as fatigue, shortness of breath, chest discomfort or similar occurrences appear. At that point, I have been advised it is my complete right and responsibility to decrease or stop exercising and that it is my obligation to inform the program personnel of my symptoms. -
Analysis of the Language Used Within Codes of Ethical Conduct
Journal of Academic and Business Ethics Analysis of the language used within codes of ethical conduct Geoffrey George Melbourne Institute of Technology Asheley Jones Australian Computer Society Jack Harvey University of Ballarat ABSTRACT Codes of ethics are promulgated by a variety of organizations. Their intent is to provide a set of conventions or moral principles as guidelines to behaviour and conduct of respondents to such codes. This paper investigates the language used within such codes and seeks to establish if the language used is a factor that is likely to enhance adherence to a code. The language of the Code, APES110 Code of Ethics for Professional Accountants (2006) is analysed and the language of that Code is compared with alternative hypothetical “Codes” using language as the variable factor with a sample of graduate and undergraduate students in the United Kingdom and Australia. The results confirm that the choice of language within a “Code” is a variable which is likely to impact upon adherence to a “Code”. As a consequence, businesses and organizations promulgating codes of ethics could achieve higher rates of code compliance if the language of a code contained medium or high obligation language, (members will/must) as opposed to low obligation language, (members may/can). Keywords: accountancy, code of conduct, ethics, language Copyright statement: Authors retain the copyright to the manuscripts published in AABRI journals. Please see the AABRI Copyright Policy at http://www.aabri.com/copyright.html. Analysis of the language, page 1 Journal of Academic and Business Ethics INTRODUCTION This paper has its origins in the development and presentation of an Ethics program to graduate accounting students in Australia. -
TWU IRB Reference Sheet for Recruitment and Informed Consent
TWU IRB Reference Sheet for Recruitment and Informed Consent RECRUITMENT Recruitment Materials (flyers, email scripts, social media posts, etc.) • Items that are required: • State that research will be conducted • State that participation is voluntary • If the internet/email is used for participation, include the following statement: “There is a potential risk of loss of confidentiality in all email, downloading, electronic meetings, and internet transactions.” • Items that are NOT required, but recommended: • PI’s contact information (email is recommended over cell phone #, but both are okay) • Location/site of the study • Study title • Brief description of the study • If using a TWU logo, TWU marketing is asking that you use the new logo • Main eligibility requirements • Benefits for participation • Total time commitment • If your scripts will vary across different platforms (email script, social media post, phone script, etc.), make sure you attach all appropriate scripts. If you are using the same script across all platforms, state so. • Make sure the information you include is consistent with the information you provide in the application and consent form. • Remember, it is okay to leave out details that are subject to change (e.g., study or session dates, gift card vendors). It is very possible that your study will not start when you want it to. If you leave out actual dates, you will not need to submit a modification request to change it later. The same thing goes with gift cards. If your study is funded, you may work with ORSP to get gift cards. You may need 40 $5 gift cards, but they do not have 40 from the same vendor. -
Augustine's Ecclesiology and Its Development Between
AUGUSTINE’S ECCLESIOLOGY AND ITS DEVELOPMENT BETWEEN THE YEARS 354-387AD By PAUL C.V. VUNTARDE Submitted in accordance with the requirements for the degree of MAGISTER ARTIUM In the subject CHURCH HISTORY at the UNIVERSITY OF PRETORIA SUPERVISOR: PROF. J. VAN OORT CO-SUPERVISOR: PROF. G.A. DUNCAN NOVEMBER 2012 © University of Pretoria ii Summary This study aims to establish what Augustine’s ecclesiology was between 354-387AD and how his ecclesial thoughts developed during that period. Scholarship has tended to neglect the importance of this period in understanding Augustine’s ecclesiology as a coherent whole (Alexander 2008:21). Like Harrison (2007: 165-179) and Alexander (2008:18-21), this study establishes that Augustine’s early ecclesiology and its development is an essential lens to understanding Augustine’s later ecclesiology. The thesis statement, which yielded a positive result, is the defining features of Augustine’s ecclesiology were in place by 387AD. A chronological textual approach was used to establish whether the thesis was positive or negative. Primary and secondary sources were used where appropriate to determine Augustine’s ecclesiology. This study established the different phases of Augustine’s ecclesial growth, what the contents of his ecclesiology most likely was during these different phases, how his early ecclesial thoughts influenced his future ecclesial thoughts and what lessons can be learnt for the South African church context. iii Key Terms Catechumen- One who has submitted himself/herself to the process of Catholic instruction though not yet baptized. Christian- One who believes that only through Christ’s sacrifice is one saved from the consequences of sin and death. -
Lessons to Be Learned: the ACA Code of Ethics As a Looking Glass
Lessons to be Learned: The ACA Code of Ethics as a Looking Glass Vilia M. Tarvydas, Ph.D., LMHC, CRC Michael Gerald, M.S., CRC University of Iowa, Institute on Disability and Rehabilitation Ethics (I-DARE) COLLEGE OF EDUCATION Leaders.Leaders. Scholars. Scholars. Innovators. Innovators. Presentation Outline • Introduction & Overview • The 2014 ACA Code of Ethics: What’s In It for Me? • Questions & Observations • Importance of Ethical Decision Making Processes • Final Questions, Comments, & Observations COLLEGE OF EDUCATION Leaders. Scholars. Innovators. Ethical Principles Autonomy • Fostering the client’s right to self-determination Nonmaleficence • Avoiding harm to clients Beneficence • Working toward the good of client and society as a whole Justice • Treating individuals with equity and fostering fairness and equality Fidelity • Honoring commitments and keeping promises Veracity • Truth-telling with clients COLLEGE OF EDUCATION Leaders. Scholars. Innovators. Comparing ACA and AMHCA Codes ACA Major Sections AMHCA Major Sections A. The Counseling Relationship I. Commitment to Clients B. Confidentiality and Privacy A. Counselor-Client Relationship C. Professional Responsibility B. Counselor Responsibility D. Relationships with Other Professionals C. Assessment & Diagnosis E. Evaluation, Assessment, & D. Other Roles Interpretation II. Commitment to Other Professionals F. Supervision, Training, & Teaching III. Commitment to Students, Supervisees, & Employee Relationships G. Research & Publication IV. Commitment to the Profession H. Distance Counseling, Technology, & Social Media V. Commitment to the Public I. Resolving Ethical Issues VI. Resolution of Ethical Problems COLLEGE OF EDUCATION Leaders. Scholars. Innovators. Prominent Issues in the Current ACA Code • Boundary Issues • Counselor Value Conflicts • Counseling & Technology • Forensics – Legal Consultation; Child Custody; Expert Testimony (Kaplan et al., 2009) COLLEGE OF EDUCATION Leaders.