Résumés du XXXIIIe Congrès International de droit et de santé ...

Self-Regulation of Addiction-Related Complaints: A Study of Nurses in aDisciplinary JurisdictionDiane Kunyk, University of Alberta (diane.kunyk@ualberta.ca)Addiction is a bona fide medical condition expressed amongst some members of mostoccupations and professions. When it occurs within the health professions, there are profoundsafety implications for patients receiving care — and to the health of the highly skilled andvalued health professional. When self-regulating, the health professions are responsible forensuring that their members delivery safe and ethical care. Given their pedestal status in thecommunity, the management of addiction amongst the health professions provides anopportunity to enact and model their values regarding addiction and its treatment. Under thesame Health Professions Act in one Canadian province, handling of addiction-related complaintsappears incongruent between disciplines. For physicians, a confidential health program providesfor diagnosis and evidence-based, subsidized treatment followed by a monitoring program thatincludes random testing for relapse upon return to work (for at least 5 years). Registered nurses,rather, are subject to a formal investigation of the complaint followed by a Hearing Tribunal todetermine guilt of unprofessional conduct and sanctions. Informed by relational ethics, a studywas designed to examine the situation of nurses as it relates to addiction. Findings raise questionsregarding the authenticity of professional discipline for dealing well with this issue.5. Addressing Difference: Recognise and Accept, Don’t DiscriminateDiscrimination: When is Refusal to Treat Appropriate?Andrew Alston, Flinders University (andrew.alston@flinders.edu.au)Discrimination is based on the recognition of difference. Some discrimination is acceptable, forexample, awarding a prize to the best performer in an exam. Other discrimination is unacceptableand usually unlawful, for example, when it is because of race, religion, sex, sexuality, maritalstatus, pregnancy, age or disability. When a health professional discriminates against a patient,there will usually be a stated reason. There may also be one or more underlying reasons. Usually,it is the underlying reasons and not the stated reasons that identify whether conduct isinappropriate. Examples of stated reasons are: Patient is obese; Patient is a smoker; Patient is analcoholic; Patient’s life style is inappropriate. Examples of underlying reasons are: Reducedchance of recovery; Economy measures; Penalty for bad conduct; Risk to patient; Personaldislike of the patient. When are underlying reasons inappropriate? How can they be identified asthe real reasons for discrimination? What can patients do to avoid inappropriate discrimination orto seek redress when they have been inappropriately discriminated against?27