23010 - BIOETHICS AND LEGISLATION

Subject type: Mandatory

Coordinator: Esther Wall Gimeno

Trimester: First term

Credits: 3

• Complementary materials may be published in Catalan, Spanish and/or English.
• L'examen de l'assignatura es realitzarà en català o en castellà per als alumnes que així ho sol·licitin prèviament al professor de l'assignatura.

BIOETHICS AND LEGISLATION 

The scenario of the exercise of the care professions has undergone in recent years rapid and profound changes that have come to change the nature and objectives of care activities, one of the causes has been the current proliferation of regulations governing the rights of the user / patient of the healthcare system, of the various healthcare activities, as well as of the requirements and availability of resources, among others, which implies an increasingly complex and demanding professional practice which leads to an increase in area of ​​competence and in the professional responsibility of the physiotherapist.

This professional responsibility does not only imply the monitoring and compliance with current legislation, but also generates ethical and moral responsibility, given the various situations and / or ethical-legal conflicts that occur in healthcare practice; it is these reasons that demand a deep and interdisciplinary reflection of the health professions in order to give answers in the search for professional excellence. Bioethics and professional legislation as disciplines offer tools and resources to facilitate the reflection and management of possible answers to the ethical-legal dilemmas that derive from professional practice.

Regarding the expected learning outcomes, the student at the end of the subject must:

- RA37. They understand the substantial problems of health and healthcare. Interprets public health concepts and incorporates them into healthcare practice.

- RA38. It applies health policies to prevent diseases and/or health complications in populations at risk.

- RA39. Analyze the specific behaviors in the various contexts of professional intervention that may be a risk to people's health.

- RA40. Know the laws that regulate the physiotherapy interventions under which they are going to work. It detects violations and critical points of intervention that may be susceptible to being penalized.

- RA41. Acquire bioethical criteria for the treatment of people with health problems.

- RA43. Acquires the capacity for critical reasoning, interaction with professionals and communication.

The contents of the subject of Bioethics and Legislation are:

BIOETHICS AND LEGISLATION 

Teacher: Marlen Moreno Martínez

Part I. Legislation:

Topic 1. Introduction to Bioethics and Health legislation-Professional responsibility

Presentation of the subject. Introduction to Professional Ethics and Bioethics. Introduction to Legislation.

• Concepts.
• delegation
• Types of professional obligations.
• Competence area of ​​Physiotherapists: concept, functions and limits.

Topic 2. Legislation and Professional Practice of Physiotherapy. Rights and Duties of the user of the Health System

• The Universal Declaration of Human Rights: health protection. Spanish Constitution: Right to health protection
• General Health Law:
• Drets de l'usuari/a del sistema sanitari espanyol i català.
• General Health Act, 1986.
• Hospital Accreditation Order, 1991.
• Clinical documentation, clinical history.
• The information. Confidentiality and professional secrecy in the management of clinical information. Violation of confidentiality.
• Autonomy and informed consent. Violation of freedom.
• Advance wishes. 

Topic 3. Healthcare norms - Civil and criminal liability - professional negligence.

• Care norms: quantitative and qualitative parameters.
• Criminal liability and professional negligence
• The Criminal Code and crimes related to professional practice:

• Homicide
• Suicide
• Abortion
• Crimes against liberty
• Omission of duty of care
• Injuries to the fetus
• Genetic manipulation
• Confidentiality
• Intellectual property
• Falsity of documents and certificates
• Professional intrusion
• Public Health
• Doping

Part II. Bioethics:

Topic 4. Ethics and Healthcare Bioethics:

• Concepts of Ethics and Bioethics.
• Human and moral acts: stages of the moral act.
• Ethical principles and values. Bioethical principles.
• Unwanted ethical-professional conduct: professional limits, plagiarism, professional intrusion, omission of the duty of care.
• Clinical documentation: supporting instruments. Forgery of documents and certificates.
• Bioethics and Technology in health

Topic 5. Bioethical conflicts in assistance and clinical research.

• The role of the Clinical Research Ethics Committee
• The role of the Care Ethics Committee
• Normative assistance procedures, Cynical essays, Ethics committees, Informed consent.
• Donation of organs, and transplantation of organs and tissues.
• Blood donation and blood transfusion
• Drug clinical trials
• Assisted reproduction.
• Genetics
• Beginning and end of life.
• euthanasia
• Decision procedures in clinical ethics.

Topic 6. Professional ethics:

• Physiotherapy Code of Ethics.
• Physiotherapist/patient-user relationship

Topic 7. Care ethics with a gender perspective.

• Rethinking ethics from a gender perspective
• Values ​​of the Code of Ethics from a gender perspective.
• Gender perspective in health care and research as part of professional ethics.
• Violence in the physiotherapeutic act: violence towards physiotherapists in the workplace. Violence towards patient-users. Violence against women: what can I do as a health professional?
• Inequalities according to gender, social class and ethnicity in health care. Intersectionality Sexual diversity: recommendations for health care

• MD1. Expository method or master class: to transmit knowledge and to activate the cognitive processes of the student by means of a unidirectional learning.
• MD2. Case study: acquiring learning through the analysis of real or simulated cases.
• MD3. Solving exercises and problems: exercising, harassing and putting into practice previous knowledge.
• MD4. Problem-based learning (PBL): developing active knowledge through problem solving.
• MD6. Cooperative learning: fostering active and meaningful knowledge in a cooperative way.

"The total or partial copy in any of the learning activities will mean a" Not Presented "in the subject, without option to present in the proof of recovery and without prejudice of the opening of a file for this reason

The total or partial copy in any of the learning activities will mean a "Not Presented" in the subject, without option to present in the proof of recovery and without prejudice of the opening of a file for this reason. "

The evaluation of the subject will be based on a continuous evaluation that will consist of a test-type exam of multiple choice of the block of theoretical contents, with a value of 40% of the final mark. The other 60% of the final mark of the subject will correspond to the part of practical knowledge developed in the sessions of seminars and group tutorials with the final delivery of the electronic portfolio and exhibition worked along the same.
It will be a fundamental requirement to pass each of the parts -theoretical and practical- described above with a quantitative qualification equal to or greater than 5 points to pass the subject of Bioethics and Professional Legislation.

Specifically, obtaining the final grade for the subject is summarized in the following table:

• In accordance with current regulations, you can only opt for recovery, if it has been suspended the subject. If the rating is Not presented, you will not be eligible for recovery.

• In the resit test the maximum and minimum grade to pass the exam is 5 points.

Allué, M. (2013) The restless patient. Barcelona: Edicions Bellaterra.

Masiá, J. (2012) Caring for life. Barcelona: Herder.

Beauchamp TL, Childress JF. (2005) Principles of Biomedical Ethics. Barcelona: Masson.

Schockenhoff, E. (2012) Ethics of life. Barcelona: Herder.

Pons, Marcial (2011) Law for health personnel. Madrid: Mediuris.

Torralba, F. (2002) Ethics of caring. Madrid: MAPFRE.

Official Association of Physiotherapists of Catalonia: http://www.fisioterapeutes.com

Borja Institute of Bioethics: http://www.ibb.bsjdbcn.org

Alvarez-Cienfuegos Suárez, JM, Aulló Chaves, M. (2000) Legal responsibility of the health professional. Madrid: Edicomplet: asoc. Spanish health law.

Institute of Bioethics of the Health Sciences Foundation:

http://www.fcs.es

Fair Play. Journal of Philosophy, Ethics and Sports Law. UPF BCN. http://www.upf.edu/revistafairplay

(2012) Health law and occupational medicine. Barcelona: Bosch.

Feyto L, Gracia D, Sánchez M. (2011) Bioethics: the state of the issue. Madrid: Triacastela.

Bioethics and Law Observatory. University of Barcelona: http://www.bioeticayderecho.ub.es

Cortina, A. (2013) What is ethics really for? Barcelona: Paidós.

Soliniís, G. (2015). WHY? A GLOBAL BIOE?TIC? UNESCO: Ed. Organization of the United Nations for Education, Science and Culture.https://unesdoc.unesco.org/ark:/48223/pf0000231540

Simón, P. (2005) Ethics of health organizations. Madrid: Triacastela.

Borrell, F. (2010) Patient-centered clinical practice. Madrid. Triacastela.

Gracia, D. (2007) Decision Procedures in Clinical Ethics. Madrid: Triacastela.

Martínez Montauti J. (2018). THE DOCTOR-PATIENT RELATIONSHIP. Barcelona: Ediciones Observatorio de Bioethics y Derecho de UB