Module 9 of 10 ~30 minutes

Ethical, Legal & Psychosocial Dimensions

Crisis Standards of Care, Nevada Legal Requirements, and Healthcare Worker Resilience

Ethics Legal Psychological

Learning Objectives

1

Apply ethical frameworks to bioterrorism response scenarios

2

Explain crisis standards of care and when they apply

3

Describe Nevada legal reporting obligations under NAC 632.340

4

Differentiate between isolation and quarantine

5

Recognize and address moral distress in healthcare workers

6

Implement psychological first aid and self-care strategies

Ethical Frameworks in Bioterrorism Response

The Ethical Challenge

During mass casualty bioterrorism events, nurses face profound conflicts between utilitarian principles (greatest good for greatest number) and individual duty of care. Normal ethical frameworks must adapt to extraordinary circumstances.

Utilitarian Approach

"Greatest good for the greatest number"

  • • Prioritizes public health security
  • • May justify quarantine, mandatory vaccination
  • • Resource allocation based on maximum benefit
  • • Focuses on saving the MOST lives overall
Example:

Allocating limited ventilators to patients most likely to survive, even if others are sicker

Duty-Based Approach

"Professional obligation to provide care"

  • • Emphasizes nursing professional obligations
  • • Duty to care balanced against duty to self/family
  • • Competence and ethical standards
  • • Obligations to patients, employers, profession, society
Example:

Nurse's duty to treat contagious patients vs. duty to protect family from exposure

Rights-Based Approach

"Individual autonomy and liberty"

  • • Emphasizes individual rights and informed consent
  • • Requires strong justification to restrict liberty
  • • Due process protections
  • • Patient autonomy considerations
Example:

Patient's right to refuse quarantine vs. public health need for isolation

Justice-Based Approach

"Fair and equitable distribution"

  • • Ensures equitable resource allocation
  • • Non-discrimination in treatment
  • • Protection of vulnerable populations
  • • Procedural fairness in decision-making
Example:

Allocation criteria must be transparent and applied equally regardless of race, wealth, or social status

Recommended Integrated Approach

In bioterrorism events, use utilitarian principles tempered by rights-based protections. Maximize benefit to population while maintaining due process, transparency, and protection of vulnerable groups. No single framework is sufficient alone.

Crisis Standards of Care

What Are Crisis Standards of Care?

Crisis standards of care are a substantial change in usual healthcare operations and the level of care possible to deliver. They are triggered when resources are insufficient to meet usual care standards during emergencies.

Key Point: Crisis standards shift the goal from optimal individual care to optimal population outcomes with available resources.

Conventional → Contingency → Crisis

CONVENTIONAL

Normal operations

Usual standard of care. Resources adequate. Normal staffing ratios. Full scope of services available.

CONTINGENCY

Adapting to strain

Functionally equivalent care with adaptations. Substitute resources, modified staffing. Care still adequate but adapted.

CRISIS

Resources overwhelmed

Resources insufficient for usual care. Allocation decisions required. Focus shifts to population outcomes. Triage protocols activated.

Crisis Standards ALLOW

  • • Allocation decisions to maximize lives saved
  • • Expanded scope with training/supervision
  • • Modified staffing ratios
  • • Legal protection for good-faith decisions
  • • Use of alternate care sites

Crisis Standards do NOT ALLOW

  • • Abandoning patients
  • • Ignoring infection control protocols
  • • Unilateral allocation decisions without oversight
  • • Eliminating documentation requirements
  • • Discrimination in allocation

Resource Allocation Ethics

The Hardest Decisions in Healthcare

When resources (ventilators, ICU beds, antidotes, vaccines) are scarce, allocation decisions must be made. These decisions should be guided by transparent, ethically defensible criteria - NOT by first-come-first-served, social worth, or ability to pay.

Ethical Allocation Principles

Maximize Benefit (Utility)

Resources to those most likely to benefit and survive. Save the most lives/life-years possible.

Equity (Justice)

Fair process with consistent criteria. No discrimination by race, gender, income, disability, or social worth.

Transparency

Criteria publicly known and consistently applied. Decisions documented and reviewable.

Proportionality

Restrictions on individual liberty proportional to the threat. Least restrictive measures first.

Factors That Should NEVER Determine Allocation

Race/Ethnicity

Ability to Pay

Social Worth

Political Status

Immigration Status

Disability*

Religion

Sexual Orientation

*Disability may only be considered if directly relevant to likelihood of survival from the acute illness

Nevada Legal Requirements

Nevada Administrative Code - Nurse Obligations

Nevada nurses have specific legal obligations related to bioterrorism preparedness and response under the Nevada Administrative Code (NAC).

NAC 632.340 - Reporting Obligations

Mandates that nurses report certain conditions to appropriate authorities.

  • Report unusual disease clusters to health authorities
  • Report suspected bioterrorism events immediately
  • Mandatory reporting of specific communicable diseases
  • Cooperate with epidemiological investigations
Key Point:

Report to local health department IMMEDIATELY - do not wait for lab confirmation

NAC 632.355 - Competency Requirements

Requires nurses to maintain competency necessary for their practice.

  • Maintain competency in practice area
  • Includes emergency preparedness knowledge
  • Seek education and training appropriate to role
  • This course fulfills CE requirements under this mandate
Key Point:

Bioterrorism preparedness is part of professional competency requirements

Balancing Confidentiality and Public Health

Nurses must maintain patient confidentiality while fulfilling public health duties. HIPAA permits disclosure to public health authorities for disease surveillance and outbreak investigation. This is NOT a HIPAA violation - it's legally required reporting.

Isolation vs. Quarantine

These Are NOT the Same!

Many people confuse isolation and quarantine. Understanding the difference is critical for proper public health response.

ISOLATION

Separation of SICK (symptomatic) individuals

  • Who: Confirmed or suspected cases - people who ARE sick
  • Why: Prevent transmission from infectious person to others
  • Where: Hospital, dedicated facility, or home (depending on severity)
  • Duration: Until no longer infectious (varies by disease)
Example:

Patient with confirmed Ebola is isolated in negative pressure room with full PPE protocols

QUARANTINE

Restriction of EXPOSED (asymptomatic) individuals

  • Who: People exposed but NOT yet sick - healthy contacts
  • Why: Monitor for symptoms during incubation period
  • Where: Usually at home; may be designated facility
  • Duration: Length of disease incubation period
Example:

Healthcare worker exposed to smallpox patient quarantines at home for 17 days, monitoring for fever

Legal Authority for Isolation and Quarantine in Nevada

The Nevada State Health Officer, through the Division of Public and Behavioral Health, has legal authority to order isolation and quarantine to protect public health.

  • • Can be voluntary (cooperative) or mandatory (legally enforced)
  • • Due process protections apply to mandatory orders
  • • Individuals can appeal through administrative process
  • • Law enforcement may assist with enforcement of mandatory orders

Moral Distress

What is Moral Distress?

Moral distress occurs when you know the ethically correct action but constraints prevent you from taking it. It's the painful feeling of being unable to do what you believe is right.

This is common during crisis care when resources are scarce and difficult choices must be made.

Common Sources of Moral Distress in Bioterrorism Response

Resource scarcity

Not enough ventilators, beds, medications, or staff for all patients

Triage decisions

Being involved in decisions about who receives treatment

Family separation

Enforcing no-visitor policies when patients are dying

Withholding treatment

Being unable to provide usual standard of care

Addressing Moral Distress

  • Recognize it as a normal response to abnormal situations
  • Name what you're feeling - put words to the distress
  • Talk with colleagues who understand
  • Seek ethics consultation when available
  • Participate in debriefing sessions
  • Access EAP or mental health resources

Psychological First Aid (PFA)

The 3 L's of Psychological First Aid

PFA is a compassionate, non-intrusive approach to help individuals in distress. It is NOT therapy or diagnosis - it's immediate practical support and stabilization.

LOOK

  • • Observe the environment for safety
  • • Identify people with obvious urgent needs
  • • Look for signs of serious distress
  • • Assess for immediate medical needs

LISTEN

  • • Approach people who may need support
  • • Ask about their needs and concerns
  • • Listen actively without judgment
  • • Don't pressure them to talk

LINK

  • • Connect to practical help (food, shelter)
  • • Provide accurate information
  • • Link to social support (family, friends)
  • • Refer to professional help if needed

PFA is NOT...

PFA is NOT psychological debriefing. NOT therapy. NOT diagnosis. NOT asking people to analyze what happened. It's simple, compassionate support focused on immediate needs and safety.

Self-Care & Resilience

You Cannot Pour from an Empty Cup

Bioterrorism response is extraordinarily stressful. Sustainable response requires taking care of yourself. Working to exhaustion leads to burnout, errors, and inability to help anyone.

Warning Signs of Burnout and Compassion Fatigue

Physical
  • • Chronic fatigue
  • • Sleep disturbances
  • • Frequent illness
  • • Headaches
Emotional
  • • Irritability
  • • Anxiety
  • • Depression
  • • Emotional numbness
Behavioral
  • • Withdrawal from others
  • • Decreased effectiveness
  • • Cynicism about work
  • • Increased substance use

Self-Care Strategies

  • Recognize stress as a normal response
  • Maintain boundaries between work and home
  • Seek peer support - talk with colleagues
  • Use EAP - Employee Assistance Programs
  • Participate in debriefing sessions
  • Take breaks - even brief ones help
  • Maintain connections with family/friends
  • Seek professional help if needed

Remember

"Self-care is not selfish. It's essential for sustainable care of others."

Key Takeaways

Crisis standards shift from individual care to population outcomes

Resource allocation must be transparent, equitable, and non-discriminatory

NAC 632.340 requires immediate reporting of suspected bioterrorism

Isolation = separating SICK; Quarantine = restricting EXPOSED

Moral distress is normal - recognize it and seek support

PFA uses the 3 L's: Look, Listen, Link

Self-care is essential for sustainable response

Duty to care is balanced against duty to self and family

Module 8 Module 10