Legal and ethical issues in technology
In addition to the chapter assignment, find,
read and post to your blog page a discussion of one article on legal or ethical
uses of technology. Blog a reaction/response to the articles posted by your
peers and how you plan on using this information as a nursing faculty
member.
Blog Unit 3 Swim
ReplyDeleteUnit 3 Blog
Legal / Ethical Issues in Technology Chapter 10
This chapter addressed copyright, public domain, fair use, and the TEACH program. Although Mastria, McGonigle, Mahan, and Baxter (2011) explain each concept individually, I still have problems interpreting the meanings. I understand that technology makes it easier to get materials with and without permission from the author, but it is not always clear to me what material is free and what needs permission. If I am not sure, I always ask. For instance in my Facebook page where nurses can post caring moments, I was leery of posting the wording “Caring Moments”. I contacted Watson and asked for her permission and was blessed by her enthusiasm to use her words “Caring Moment”.
Article Discussion
I may be coming at this from an entirely unexpected view, although when I read the article it was eye opening to me how the students viewed the ethical / legal components of nursing. Smith, Witt, Klaassen, Zimmerman, and Cheng (2012) explained their lived experience, over several years, of how students prioritized their nursing classes. What they found was that students voiced that they did not have time to study for the legal / ethical course in nursing because they had too much learning to prepare for the clinical courses. The students did not connect this class with nursing curriculum. The clinical courses were much more important to the students, than the legal / ethical course.
In an attempt to help the students bridge the gap between these courses, the faculty transformed the course material. What they did was taught it through high-fidelity simulation. The students were placed into simulation groups with scenarios dealing with legal / ethical issues. For example one scenario created an emotional response as the students dealt with a code situation. Family was at the bed and the children were instructing the nurses to do everything while the wife was demanding they stop. Other issues arose as the scenario unfolded. Following the simulation exercise, there was intense debriefing to follow.
As a result, the faculty declared that their transformation was successful. They had arranged to have actors and other faculty in supporting roles during the simulation. Students were able to connect the importance of legal / ethical issues to clinical practice.
Mastria, K. G., McGonigle, D., Mahan, W. L., and Baxter. B. (2011). Integrating technology in nursing education: Tools for the knowledge era. Sudbury, MA: Jones & Bartlett.
Smith, K. V., Witt, J., Klaassen, J., Zimmerman, C., & Cheng, A. L. (2012). High-fidelity simulation and legal/ethical concepts: A transformational experience. Nursing Ethics, 19, (3), 390-398.
As I read through this article I found it interesting how students do not associate legal/ethical issues as important in nursing practice. I know that most schools have their students go to a board of nursing panel. That should be enough to let them know how serious these issues are. I do think that legal/ethical needs to be addressed early on, like in the Intro to Nursing course, and then addressed throughout the nursing curriculum. It should be blended in with all other course content. Putting these concerns in the majority, if not all, of the simulations would help to reinforce the importance of the subject. I found this article and read it before I saw that you had already addressed it. It was an interesting article.
DeleteSmith, K. V., Witt, J., Klaassen, J., Zimmerman, C., & Cheng, A. L. (2012). High-fidelity simulation and legal/ethical concepts: A transformational experience. Nursing Ethics, 19, (3), 390-398.
Carie,
DeleteI think the BON day was a great way to teach legal / ethical related to the profession of nursing. When I would take students to the meetings, every single time the students had a WOW moment. “WOW who would do something like that.” “ WOW how stupid can you be?”
I myself was having the same thoughts too. I just always prayed that we would not see one of our grads being disciplined.
The reality of legal / ethical issues weather through live BON meetings, or simulation activities seems to have a greater impact on students when there is an emotional trigger involved. They must engage in the emotion of the concept for it to take on a meaning to their practice.
As the inservice person in a surgery department, I was called to be a witness in a malpractice suit that involved the death of a patient. It is not a pleasant experience when you are in that sort of situation. You are obligated to tell the truth, yet your testimony is harmful to peers with whom you have worked for years. The entire case came about when a nurse decided to warm blood in a microwave oven - rather than setting up a blood warmer. I was asked to demonstrate exactly how much time was involved in setting up a blood warmer... (less than 30-45 SECONDS). Making a decision to warm blood in a fashion that was NOT per protocol resulted in a patient death that should not have happened. I always try to reinforce the fact to students that short cuts are not the best way and that protocol has been created for a reason. We must always go by the rules or face the consequences.
DeleteI also have visited the Board of Nursing and have witnessed the interviews of nurses who broke the rules. It is an experience that every student nurse should witness at least once.
Thanks Beckie for sharing your experience in the operating room. The legal and ethical obligations are vital to be followed and apply. Sharing these experience for students help them to be aware of the malpractice and would like to say that the legal and ethical obligations work as a guard, that protect the health care providers. The ethical obligations grow with children and it is difficult to be learned, follow, and applied at the adulthood.
DeleteStaci, I appreciated your post and can say that it will be helpful to me in the future as I am currently working on redesigning the simulations that we utilize for seniors. I have personally experienced what your article speaks about related to simulation increasing the students awareness of ethical and legal aspects of patient care. The students I am charged with are seniors who come to simulation to do a Code Blue and Sepsis simulation. Both are very complicated and students come in anxious about their performance. I have found that if I can get them to relax and not be fearful of judgment and mistakes they tell me later that they were surprised the simulation was so lifelike. It also helps me judge how I did running the simulation if they come to debriefing wanting to discuss and talk about the legal and ethical issues related to the patient. I will definitely add your article to my ongoing evidence and support of simulation!
DeleteHello Staci,
DeleteIt is really interested concept about what article you can use and what one you cannot use. Honestly, I have learned in my academic journey, here, in Kramer School of Nursing how to use article legally and scientifically. Before, I learned that I could use what presented in articles and do copy and past with "citing" the author. But, here, I have learned that I should rephrase each concept and word with citing to be legally accepted paper. I believe that we could use all articles that available in web sites, but, with rephrasing and citing. In addition to that, all educators use "turnitin" program to check what students do in their papers. This reflects that educational institutions should employ the appropriate educational program to avoid any problems and break in education rules, as possible.
Legal and Ethical Issues with Technology
ReplyDeleteChapter 10 was an interesting chapter to me. I learned what I did not know through reading this chapter. I think there is a large amount of information related to technology and what can be used and what cannot when retrieved from the internet. I thought the case examples were interesting. I did not have any difficulties with the first three but the last one about copying the articles provided information that I was not aware of. Prior to reading this chapter I had never heard of the TEACH Act. I certainly did not know that there were restrictions on the number of words in articles that were allowed to be copied or that you could only use the same author for articles to be copied one time per semester (Mastris, McGonigle, Mahan, & Baxter, 2011). That was enlightening for me.
Cain and Fink, III (2010) wrote a very interesting article regarding legal and ethical issues regarding social media in pharmacy education. Although it was directed toward pharmacy educators, the information presented would apply to any school at any level. There were many court cases presented in the article regarding issues that were brought before the legal system due to postings on social media and development of social media accounts. Some cases went in favor of the institution and some went in favor of the student. They addressed the subject of college officials monitoring social networking sites to determine if students were following the codes of conduct of the school, but that then puts them in a position of “duty of due care” toward the students and increases the responsibility of the school to prevent harm and opens the door for lawsuits. They also discussed privacy issues and whether the information put on social media is public or private. They also addressed social media relationships between faculty and students. One of the most important concepts in the paper was the issue of honor codes written in different disciplines for the students. Most of these were written prior to the widespread use of social media and so do not specifically address online presence of the students. They suggest that the codes should clearly refer to eprofessionalism concepts, conduct presented in the world of technology. All in all, this was a very good read. I am going to forward it to my faculty to increase awareness of these issues.
Mastria, K. G., McGonigle, D., Mahan, W. L., & Baxter. B. (2011). Integrating technology in nursing education: Tools for the knowledge era. Sudbury, MA: Jones & Bartlett.
Cain, J., & Fink, J. L. III. (2010). Legal and ethical issues regarding social media and pharmacy education. American Journal of Pharmaceutical Education, 74(10), 1-9.
This is a very interesting article. I agree that the link between the article and nursing school is very strong. As an educator I have been a part of discussions about social media with students. Most of them do not believe that what they post is "that bad" or will be held against them later. I am aware that the Oklahoma Board of Nursing does look at the Facebook pages of nurses (students) that are brought before the board. Nurses lose their licenses over what they post.
DeleteCain, J., & Fink, J. L. III. (2010). Legal and ethical issues regarding social media and pharmacy education. American Journal of Pharmaceutical Education, 74(10), 1-9.
Carie,
DeleteTechnology has revolutionized every aspect of life. Social media can provide many benefits for programs, specifically in regards to advertisement, which is a good medium to reach prospective students in the digital age. However, the news is full of more and more negative ramifications that people are being exposed to due to social media. I believe that people do not fully understand that social media can have such a negative impact, not only on oneself, but also on the programs and business entities that they represent. Lawsuits will be one way to get the attention of the corporations on the need for ethical and legal education programs for people. I believe that these types of educational programs will eventually be a part of all new employee training and freshmen orientation for college students. Good post.
Cain, J., & Fink, J. L. III. (2010). Legal and ethical issues regarding social media and pharmacy education. American Journal of Pharmaceutical Education, 74(10), 1-9.
Social Media is being checked when students apply to nursing school and later, when they apply for jobs. I have seen atrocious things posted on Face Book by students. When I see something that is offensive, I personally make a phone call or an appointment to speak face-to-face with the guilty party. I saw two students get removed from a hospital after they posted a picture of a patient in the E.R. The photo did not reveal the name of the patient or show the patient's face. However, the details were SO descriptive that the family of the patient could easily identify their loved one. This was in the case of a young person who did not survive an accident. These situations should never happen. The hospital could have been held liable for this.
DeleteI plan to stress the importance of cautiously using social media relating to or involved in a place of employment. Every student should have this imbedded in their knowledge bank...
DeleteMany colleges also check your social media sites to review the information that you post. They may deny you entrance into the university based on what you post in social media.
DeleteThis is a great conversation form everyone regarding social media leading me to think about the ANA and NCSBN collaboration regarding social media. I am providing links for the information and I would mention that incorporating these principles and guidelines throughout education is necessary. I think in nursing we do a great job of educating our students on the importance of HIPAA and social media and how easily information is disseminated through social media. Becky provided an excellent example of how hospitals, schools of nursing, students, and educators can be held accountable to information provided on social media (especially if the information violates HIPAA). The guidelines through ANA and NCSBN are helpful in setting up a specific blueprint for posting on social media. In my classes, I provide bookmarks with the guidelines and policies and I have posters displayed where students study or visit often in the college.
Deletehttp://www.nursingworld.org/FunctionalMenuCategories/MediaResources/PressReleases/2011-PR/ANA-NCSBN-Guidelines-Social-Media-Networking-for-Nurses.pdf
http://www.nursingworld.org/FunctionalMenuCategories/AboutANA/Social-Media/Social-Networking-Principles-Toolkit.aspx
Unit 3 Blog - Initial Post
ReplyDeleteEvaluation of ethical issues in the knowledge age: An exploratory study
Billions of dollars are lost due to unethical information technology (IT) conduct. Guidelines regarding IT ethics are not widely recognized or accepted. This study article explored the perceptions of workers, effects of deterrents, and internal and external factors affecting these perceptions.
The IT workers included are those people who create, manipulate, or disseminate information. Questions were raised concerning intellectual property rights, plagiarism, piracy, and privacy. Privacy, accuracy, property, and accessibility were the four issues identified. IT professionals stated they were not given ethical conflict guidance and had no agreed upon code of conduct. Females expressed more concern about ethical issues than their male colleagues.
Deterrents such as codes of conduct, laws, and legal sanctions are proposed to reduce or eliminate unethical acts. Personal values and norms impact these behaviors. The individual influences on ethical behaviors must be understood. Establishing a climate of trust, honesty, and adherence to appropriate standards and guidelines is needed. IT workers must be educated and prepared to behave ethically.
These study results strengthen my desire to develop a learning module for beginning nursing students regarding IT issues, such as HIPAA, social media, and plagiarism. There are deterrents in place, but I believe the understanding of exactly what constitutes these infractions is not. Students need a deep knowledge and understanding the ethical standards in the IT arena.
Halawi, L. & McCarthy, R. V., (2013). Evaluation of ethical issues in the knowledge age: An
exploratory study. Issues in Information Systems, 14(1), 106-112.
Sheri,
DeleteAs I read the article I was surprised at the lack of guidelines for IT technicians in regards to ethical-legal issues. There are guidelines developed for everyone else and those that help develop the technology have been forgotten. It is important to remember that ethics is a gray area. Because the issues are not black and white it is difficult to enforce rules dealing with actions not exactly illegal, but are not right either. Ethics is defined in diverse ways and sometimes the definitions are conflicting, depending on one’s perceptions, morals and values. Ethics are guidelines to influence human social behavior in a manner intended to protect and fulfill the rights of individuals in a society.
Halawi, L. & McCarthy, R. V., (2013). Evaluation of ethical issues in the knowledge age: An exploratory study. Issues in Information Systems, 14(1), 106-112.
http://iacis.org/iis/2013/182_iis_2013_106-112.pdf
DeleteThis sit he link to the article.
Sheri,
DeleteI completely agree with you. While I am not completely familiar with ethics courses administered to IT professionals, this is a very important ethical dilemma. In particularly, when considering the widespread use of EHR systems in healthcare facilities across the nation, IT professionals have access to many important files of the patients. HIPAA is a unique requirement that is important to healthcare providers which does provide some interesting issues with ethical issues. Your idea of creating a curriculum to highlight this important aspect of healthcare should be a requirement for all individuals with access to patient records. The most troubling part of the article by Halawi and McCarthy (2013), is that the IT professionals stated they were not given any ethical guidance. Education and training are the only ways to prevent ethical issues from arising in the workplace. Great article.
Information technology makes vast amounts of data accessible and retrievable to many individual, business, employees, etc. This accessibility is great but it crates complex problems and the potential for misuse of information and information technology. Because of a lack of strong ethical guidelines regarding IT, we rely heavily on our personal values or personal or organizational codes of ethics when deciding what is ethical or unethical behavior. Previous research has identified that in certain situations or under certain circumstances contextual influences can affect individual behaviors (to behave or not behave in an ethical manner). This concept is called the individuals "perceived importance of an ethical (PIE) issue". It is the strength of the individual perception of ethical importance that may influence a personal action regarding an ethical or unethical behavior.
DeleteSheri,
DeleteI think your idea of creating a learning module for beginning nursing students is a perfect avenue to introduce nursing students to the ethical issues surrounding technology, social media, and HIPAA. I also believe this topic should be addressed in every course at the beginning of the course just like we discuss the syllabus. Dr. Frutchey mentioned the "PIE" concept and I would utilize this concept by bringing PIE into the discussion at the beginning of every course I teach. This is one of those subjects where we can't discuss it enough. Would you agree or disagree?
I would agree.
DeleteThe article I chose to blog about discusses a topic that I am sure all of us have had experience utilizing, electronic health record systems or EHR. Sittig and Singh (2011) chose to analyze the dilemmas that healthcare facilities may face when switching to an EHR. Technology is reforming traditional healthcare at an increasing rate and with this reform arises many legal and ethical dilemmas that have not been experienced. EHRs provide much easier access to patient files and allows for data to be quickly compiled while being environmentally friendly. Sittig and Singh (2011) highlight that one legal dilemma associated with adopting EHR systems is that the legal process relies heavily on precedents set from previous issues. New technologies have the inherent property of having to set the precedent for legal dilemmas with little to no guidance from history. Physicians will also have a greater responsibility dealing with the massive amount of clinical records that will be readily available in EHRs. This can possibly lead to oversight of information about the patient which could cause legal ramifications between the doctor and patient. One other little known legal issue lies with the EHR and the “hold harmless” clause. (Sittig and Singh, 2011) This clause restricts the clinician’s ability to report known problems with EHR which prevents legal ramifications from falling on the EHR software.
ReplyDeleteA large ethical dilemma with EHRs is the patients concern of dissemination of their health history. These systems provide a massive amount of information available at the click of a button and cause some issues with who can view this information. This fear has resulted in some advocacy groups arguing for an “opt-out” option with electronic medical records. Humans have a tendency to favor familiarity over change. Another ethical issue deals with adolescents and their right to privacy. Some procedures require parent involvement, however, some sensitive issues can require only clinician/ adolescent interaction as parents may inhibit treatment. I am sure that future ethical and legal issues will continue to arise as healthcare technology continues to change in an attempt to better serve patients.
Sittig, D. F., & Singh, H. (2011). Legal, ethical, and financial dilemmas in electronic health record adoption and use. Pediatrics, 127(4), e1042-e1047.
I did not know about the "hold harmless" clause. Makes you think of things in a different light. I once worked with a nurse who would chart "temperature not taken, equipment not available" in the patients charts. She did not want to be held accountable for patient problem/harm because she was unable to locate (electronic) thermometer (it was new technology at one time) to take a temperature with. That did not work out so well for her. I also have a friend that works in L&D that tells me there are many areas in the EHR where the data that is captured is insufficient to stand up in court. However, I am not sure I would be in favor of an opt out feature for use with EHRs. Are any of you in favor of this?
DeleteDr. Frutchey,
DeleteWhen electronic charting was introduced I had the opportunity to participate in "building" the templates. The team reviewed TJC standards, CMS standards, and legal issues such as scope of practice and nurse practice act. The templates we designed forced nurses to address each of these issues. As the Director of the MICU I experienced the documentation in court. I was amazed at how the documentation was complete and spoke for its self. One issue that could not be supported was the time differences of some of the events and the time stamp on the documentation. It was quite interesting.
In reading about the legalities involved in utilizing new forms of social media and technology, I am reminded of the current issue with one of our Presidential Candidates who conducted State of the Union business from a 'personal server' located in an upstairs bathroom closet located in Colorado. it is my understanding that this is not the norm. Personal emails and classified emails were mixed .
ReplyDeleteWith the recent occurrences of 'hacking' - some of it attributed to foreign countries that are not friends of the U.S., I wonder what type of U.S. documents might now be in the hands of our enemies. It would not be good for a President or a State official to be blackmailed because of email 'leaks'.
As a former student at the University of Oklahoma, I sent an email to the OU email address of a professor from my home email account. I was harshly reprimanded and told that I could not send my emails from home through the O.U. system. That makes me believe that a Secretary of State may not be making a wise decision to conduct U.S. business through a personal server - Just an observation for thought.
Yes Beckie, I do agree with you and I really like your subject of mixing personal email account with classified emails, this is also considered kind of legal and ethical issues of technology. Because you don’t know who will watch these email and for what reason these might be used. In fact, in every area of our lives, we need to be cautious when dealing with technology, not only in education and teaching, but also in our daily deals with technology. Moreover, ethical and legal issues are important to be learned and taught in schools more considerably, as it is teachers and learners’ responsibility to increase the awareness of students about this issues. In addition, the proper network etiquette or “netiquette” is a necessary skill for all people, as teachers are encouraged to use technology in the classroom, cyber ethics should also be a part of the curriculum.
DeleteConsequently, Copyright, fair use, public domain, and TEACH Act, are all used and legitimated in order to enable the people and students to be well-knowing about what is considered rights and what is wrong. Accordingly to (University of Texas Libraries, 2007) “The TEACH Act expands the scope of educators' rights to perform and display works and to make the copies integral to such performances and displays for digital distance education, making the rights closer to those we have in face-to-face teaching.”
References:
Ethical Issues in Educational Technology. (n.d). Retrieved from:
https://ctools.umich.edu/access/content/user/csharbo/Public%20Portfolio%20Files/Position%20Paper%20%233.pdf
University of Texas Libraries. (2007). Building on others’ creative expression. The TEACH Act. Retrieved from: https://copyright.lib.utexas.edu/teachact.html
Copyright and Fair Use in Education by Janine Kelley
ReplyDeleteAs noted in the introduction to Chapter 10, in our Integrating Technology in Nursing Education: Tools for the Knowledge Era, copyright and fair use in education is often difficult to understand and frightening to instructors trying to navigate the e-learning system (Mastrian, McGonigle, Mahan, & Bixler, 2011).
The chapter discusses copyrights, fair use, public domain, and the TEACH (Technology, Education, and Copyright Harmonization) Act of 2002 (Mastrian, McGonigle, Mahan, & Bixler, 2011, p. 162). It begins with the explanation that copyrights are meant to protect original works and are notated with the copyright symbol. It goes on to say that a copyright gives the creator(s) of creative, original works control over who can make copies of their work(s).
Next, it discusses fair use but doesn’t really expand on the subject but rather refers to several other resources for determination of same including suggesting contacting the copyright owner when in doubt. Stanford University as well as the University of Texas are mentioned as notable sources.
Public domain is then discussed and noted as intellectual material not owned or controlled by anyone. Notably, it is mentioned that Gasaway (2003) created a matrix just for educators to help navigate when works become public domain. Sites mentioned are Comics: Digital Funnies Comics Preservation at http://www.digitalfunnies.com/ and Movies and Documentaries at http://moviesfoundonline.com/public_domain.php. These are just a few of the sites mentioned that could be useful to educators. Two other sites are mentioned that might be very helpful to teachers because one is a learning repository and the other is open courseware. They are: 1) http://merlot.org/merlot/index.htm (learning repository); and, 2) http://ocw.mit.edu/OcwWeb/web/about/about/index.htm (open courseware) (Mastrian, McGonigle, Mahan, & Bixler, 2011, pp. 161-2).
The TEACH Act of 2002 is mentioned and discussed related to use of copyrighted material and how it can be used by non-profit US educational institutions without prior permission or payment of royalties. The original intent of the TEACH Act was to promote distance education.
The chapter ends with several case studies that describes appropriate and inappropriate use of informational technology (IT) and also cites a resource for continued learning related to same. The additional resource can be found on YouTube at http://www.youtube.com/watch?v=bHBSNNYbyvg (Mastrian, McGonigle, Mahan, & Bixler, 2011, p. 165).
Mastrian, K. G., McGonigle, D., Mahan, W. L., & Bixler, B. (2011). Copyright and fair use in education. In A. Sibley, P. Donnelly, R. Shuster, & A. Clerkin (Eds.), Integrating technology in nursing education: Tools for the knowledge era (pp. 159-166). Sudbury, MA: Jones and Bartlett Publishers.
Unit 3 - Janine Kelley 2nd Post/Social Media
ReplyDeleteSocial Media social media
Next, I found an article by Strutin (2011) and I have embedded a hyperlink for your use should you be interested that discusses some of the legalities of social media and the ways in which social media is being used for prosecuting legal cases. It is a lengthy article but interesting. The article discusses some of the legal implications of cases that have been prosecuted using social media. It gives many cases which vary in context. It also discusses some but not at length email ramifications related to the digital age. I found it interesting that social media can be used to prosecute or exonerate someone but email appears to be more complicated. It is eye opening to read and somewhat frightening too. I was partially interested because it discusses some of the issues concerning made-up accounts and aliases related to social media. I am particularly concerned with this issue because I recently watched a show where a teen went on-line and stole someone’s picture and identity and then proceeded to behave very badly on-line. Sadly, the young women’s reputation was damaged without any concern for the consequences or outcomes the behavior caused. Issues arising via social media have the potential for grave harm and danger. Reading this article is potentially comforting but also disturbing when one realizes we are only beginning to understand the legal and ethical considerations of this new digital age.
Strutin, K. (2011). Social media and the vanishing points of ethical and constitutional
boundaries. Pace Law Review, 31(1). Retrieved from http://digitalcommons.pace.edu/plr/vol31/iss1/6
Excellent information. The information regarding social media is very timely.
DeleteUnit 3 – Legal and Ethical Issues in Technology
ReplyDeleteBeckie Yarger –
According to Mastrain, McGonigle, Mahan, and Bixler (2011), learning about fair use, public domain, or the Technology, Education, and Copyright Harmonization Act (TEACH ACT), will help educators avoid breaching copyrights.
The TEACH Act was written as a revision to parts of the U. S. copyright law. The focus of the TEACH Act involves using copyrighted materials for organized, long-distance educational programs. Being aware of the TEACH Act, Copyright laws, and public domain should be a priority for graduate students and instructors.
Currently, a lawsuit is filed when it is deemed that someone has violated copyright laws. The judge must make the determination of guilt or no guilt. The fines start at $750 per infraction. Judgments of up to $250,000 may be imposed. Prison sentences may be ordered of up to five years (Lyons, 2010).
The concept of open access is a system of having free online access to scholarly articles (Lyons, 2010). Anyone who has access to the Internet can find articles and read them or print them with no fees. Today, copyrights last for the lifetime of the author plus 70 years. Works created before 1923 are open to the public.
Public Domain includes works that are considered public property. Fair Use provides certain limitations to copyright laws. The TEACH Act revised certain parts of the copyright law governing accredited nonprofit schools in the U.S. and their use of copyrighted materials. The TEACH Act does not make it legal to use copyrighted works, but it allows qualified educational venues and instructors to use certain works without penalty (Lyons, 2010).
The Open Access Movement would provide free online access to full-text articles from journals on research conducted with taxpayer funding. Open Access would expel worries and apprehension over using copyrighted material. Instructors would be able to use materials from the Internet on campus or online. It would make it easier to copy materials for classes (Lyons, 2010).
Open Access has not been legislatively approved, but the debate is growing. The music industry (remixing) and video industry will probably be the catalyst to bring about new laws for utilizing copyrighted material (Lyons, 2010).
Lyons, M.G., (2010). Open Access is almost here: Navigating through Copyright, Fair Use, and the TEACH Act Journal of Continuing Education in Nursing. Vol. 41, No 2.
Mastrian, K.G., McGonigle, D., Mahan, W.L., & Bixler, B. (2011). Integrating technology in nursing education: Tools for the knowledge era. Sudbury, MA: Jones and Bartlett
Janine,
ReplyDeleteThis article was interesting and followed along with what my article was discussing. It seems that there is a lot of discussion of the expectation of privacy when there is information sent over email or social media. There is question as to who is the owner, per se, of the information once it is sent. I know that Strutin (2011) likened the issue of information being placed online to sending a postcard, the information in that communication is out there for anyone to see. This is the same information that was discussed by Cain and Fink, III (2010). I do agree that there has not been a precedent set as yet, so each case is considered individually, but I don’t know why anyone would be so naïve as to think if they put something out in social media land, that would remain private when anyone has access to that and can do what they desire with the information. This is definitely a very interesting and hot topic.
Cain, J., & Fink, J. L. III. (2010). Legal and ethical issues regarding social media and pharmacy education. American Journal of Pharmaceutical Education, 74(10), 1-9.
Strutin, K. (2011). Social media and the vanishing points of ethical and constitutional
boundaries. Pace Law Review, 31(1).
Carie, I agree with you completely that it seems silly for anyone to not understand that anything they post on social media is retrievable and accessible to almost anyone despite their security settings. But, what is disturbing to me is reading that many people and especially younger people are beginning to steal others' identities so they can behave badly or pretend to be someone they are not. It only takes a snapshot of a facial picture and they are off and creating a pseudo self with your picture...Sadly, this crosses over the line into cyber-bullying sometimes and increases chances of teen suicide or suicide in general. Hopefully, some of the legal precedents that will be set in the future will make the punishment fit the crime and deter this behavior.
DeleteThis comment has been removed by the author.
ReplyDeleteIn Chapter 10, I learned about the use of technology in the classroom. I was pleased to learn that I could use more information (such as an article) in my classroom based on the TEACH act. I was not aware of the 2500 word rule. I currently do not provide articles for students but rather provide links or have the students look up the articles in the databases. I also appreciate the reference to the Lawrence Lessig Keynote presentation on digital media and plan to review the YouTube video.
ReplyDeleteAn article I reviewed regarding millennial's, technology, and law school provided some interesting and informative points. These points can be implemented in a legal setting, clinical (hospital) setting, and classroom setting. The important consideration in this article is teaching the students to think critically about technology, its benefits, its risks, and how it affects professionalism (Otey, 2013). Technology is changing faster than we can keep ahead of the game therefore, creating policies and rules around it seems exhausting. Why not embrace the technology and focus our energies on teaching professionalism around technology? This would involve incorporation of technologies within the curriculum. The points in the article include: (1) Ignoring or banning technology in the classroom is not an option, (2) Millennial's need to be encouraged to think critically about technology, (3) Millennial's need to be introduced to "soft skills," (4) Utilize up-to-date practices including technology, (5) Encourage learners to take ownership of their education and utilize real-world situations (Otey, 2013). These points are interesting in how they can be applied in the nursing classroom easily throughout the curriculum. Nursing faculty could graduate "technology professional" students who are able to critically think about the use of technology in their professional and personal lives. I found this article particularly interesting because when I first started teaching I was constantly fighting a losing battle with students and their technology. Once I decided to embrace their devices and the technological world within my classroom, I have found the students more engaged in my lecture than their devices. I plan to incorporate these points within my classrooms.
Mastria, K. G., McGonigle, D., Mahan, W. L., and Baxter. B. (2011). Integrating technology in nursing education: Tools for the knowledge era. Sudbury, MA: Jones & Bartlett.
Otey, B. S. (2013). Millennials, technology, and professional responsibility: Training a new generation in technological professionalism. Journal Of The Legal Profession, 37(2), 199-264.
Angela, I am with you on this subject. Because technology is like air to our students, I believe we must embrace ways to use it properly and help them discern what is best practice and what is not. I am like you, until I read Chapter 10, I did not know we were limited to 2500 words and also on how many articles could or could not be shared for teaching. I prefer as you do, to give them hyperlinks to articles so they can view for themselves what I would like for them to read. I am also finding that this can be problematic if a link provided in D2L doesn't work...I have recently experienced.
DeleteAngela, this is an interesting post. I completely agree with you. Technology can encourage and enhance the learning experience of students while the standard lecture can be used as an effective teaching strategy in the classrooms. This is the challenge to improve properly integrating technology in the courses. However, technology advances more rapidly and inevitable to use technology in educations.The short-term trends in higher education are increasing use of blended learning; the combination of online and face-to-face instruction and redesigning learning spaces; flipped classroom. (Johnson, Adams Becker, Estrada and Freeman,2015).
DeleteI have been faced accessing problems like Janine in my class because of poor internet connectivity system and disregard about legal of using technology. Now I realize the importance of legal in using technology.I plan to create incorporate technology especially adding legal issues of using technology in my course design.
Johnson, L., Adams Becker, S., Estrada, V., and Freeman, A. (2015). NMC Horizon Report: 2015 Higher Education Edition. Austin, Texas: The New Media Consortium Edition. Retrived from http://cdn.nmc.org/media/2015-nmc-horizon-report-HE-EN.pdf
Well done with your discussion post Angela!
DeleteI agree with you that technology is part of our lives, and nowadays, technology is one of the vital elements of students’ learning and success. I would like to say that students should know how to use technology safely and without jeopardize others and themselves. Having orientations about the use of technology with the syllabus would be helpful for keeping our students aware of using technology. Finally, I would like to say that even technology could show some negative aspects, the benefits of technology are great and have essential roles in the nursing career.
Actually, don't you think we SHOULD be graduating "technology professional" students. Should that be part of the goal for graduate from any college, university or professional program of study?
DeleteIn my home country Iraq, we still depend on the papers in our educational and health systems. Educator printout the course requirements and test questions. Also, we do not have educational websites such as D2l. When I start my Ph.D at KSN I amazed with the technology and how it makes our work easier. I think technology makes students excited and helps in engage them in the learning. I always think about our student in Iraq, how can we incorporate the technology in their education, how can we organize our work as educator by using technology. I think it will be difficult because we need to change the educational system such as having educational websites, having electronically patients record...etc
DeleteThanks
Hi Angela,
DeleteI really enjoyed reading your post. You pinpointed the most important points; especially
“Why not embrace the technology and focus our energies on teaching professionalism around technology?” As you stated, this certainly involve incorporation of technologies within the curriculum. I’d like to add that the teaching and learning environment currently is shaped by countless distinctive educational technologies. These modern technologies including utilizing digital media and web-based learning, have transformed the paradigm of the nursing faculty-student relationship. The computer revolution and the increased use of the Internet in learning have fundamentally shifted the way information is spread and accessed. The computer, when sensed as an essential tool used to improve education, is currently an anticipated and agreed tool in learning (Day-Black & Watties-Daniels, 2006).
Technology has appeared as an assistant to traditional teaching-learning. Conventional teaching methods laid the nurse educator as an axis of the teaching-learning activity. Cutting edge technologies enable a distinguished collaborative relationship between nurse educator and student. In some situations, the incorporation of technology into the teaching-learning operation has been found to renovate the teacher's role from being the tradition 'sage on the stage" to also being the "guide on the side" (Leasure. Davis & fhieviin. 2000).
Day-Black, C., & Watties-Daniels, A. D. (2006). Cutting Edge Technology to Enhance Nursing Classroom Instruction at Coppin State University. ABNF Journal, 17(3), 103-106.
Legal and Ethical Issues in Technology
ReplyDeleteThe use of technologies becomes one of the essential necessities in the life that it ensures communications among people, helps in achieving duties, and interferes in all aspects of life. The most commonly used technologies among people are smart phones, tablets, and laptops in the presence of internet services. The use of technologies facilitates the gathering of information and resources, assists students in their education, educators in their teaching, employees in their work, and more other uses. But, without professional and right uses of technologies, people will lose their times, efforts, and productivity and it will lead to chaotic situation. Students depend on technologies in their educational journey. For this reason, there should be legal and ethical standards of using technologies in education. Based on that, both students and educators will be safe if they know how to use technologies in educational activities.
Mastria, McGonigle, Mahan, and Baxter (2011) stated four important issues that should be addressed through the use of technologies within the educational environment, which are copyright, fair use, public domain, and TEACH act that is associated to copyright. Garland (2009) said that legal issues of using technologies in education should be focused on privacy, sexual harassment, and theft of information with copyright. Students should be prohibited from using cellphones in the classroom, especially in texting and taking pictures. They should be motivated to use technologies in their learning only. American Nurses Association (2015) said that “systems and technologies that assist in clinical pracctice are adjunct to, not replacement for, the nurses’ knowledge and skill. Therefore, nurses are accountable for their practice even in instances of system or technology failure” (p. 16). This explains that nursing students should not depend completely on technologies in their education and clinical training. Cain and Fink (2010) highlighted a significant issue related to the use of technologies in education, which is the concept of “copy and paste” or “cut and paste” from electronic sources that students might fail in plagiarism. Five major critical questions that are related to ethical uses of technologies in education, were stated by Cain and Fink (2010) and need to be addressed through using technologies, which are “(1) who is viewing the social media information; (2) how is the social media information accessed; (3) for what purpose is the social information used; (4) what are the criteria one uses for making judgments about social media information; and (5) what is the nature of ‘‘relationships’’ in social media” (p. 5). To avoid negative consequences of using technologies, all administrators, educators, and students should be aware about their rights of using technologies and social media. This will improve the outcomes of educational institutions through the optimal use of technologies in education. In short, Cain and Fink (2010) presented in their article specific legal and ethical issues related to the use of technologies and social medial in education, focusing on protecting privacy and copyright, preventing plagiarism, and the optimal use of tech. in learning and education.
References:
DeleteAmerican Nurses Association. (2015). Guide to the code of ethics for nurses with interpretive statements. Nursesbooks.org.
Cain, J., & Fink III, J. L. (2010). Legal and ethical issues regarding social media and pharmacy education. American journal of pharmaceutical education,74(10). Retrieved from http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3058471/pdf/ajpe184.pdf
Garland, V. E. (2009). Emerging technology trends and ethical practices for the school principal. Journal of Educational Technology Systems, 38(1), 39-50. Retrieved from http://essentialconditionswiki.pbworks.com/w/file/fetch/61147543/School%20Administrator's%20responsibility%20with%20Technology.pdf
Mastria, K. G., McGonigle, D., Mahan, W. L., & Baxter. B. (2011). Integrating technology in nursing education: Tools for the knowledge era. Sudbury, MA: Jones & Bartlett.
Legal and Ethical Issues in Technology
ReplyDeleteChapter ten in Mastrian, McGonigle, Mahan, and Bixler, (2011) gives us a brief explanation about copyright, fair use, public domain, and the TEACH Act. In fact, I got more ideas about copyrighting through my study in the United States. However, in some situations, I have difficulty to know exactly my rights while using others’ materials or information. Fair use is helpful to know that the information might be used fairly for my own benefit without violating the authors’ rights. Public domain could be helpful for materials that do not need to be updated such as the historical and art materials.
The article that I choice for the discussion was conducted by Korhonen, Nordman, and Eriksson, (2015) about technology and its ethics. The study design was an integrative literature review aimed to describe the concept of technology and its ethics in nursing and caring literature, and acquire a broad knowledge about the topic. The use of technology as an assist for daily activity can enhance patients and nurses’ interaction, patient’s independency…etc. The study analyzed 36 articles which represented the influence of technology in caring. Most of the studies discussed the benefits of technology and few criticized it. Technology is represented by two faces: one is the face of benefit, while the other face is the face of harm. The article discussed the benefits of technology for patients and health care providers. It also discussed the effect of technology on human rights, and equality. The study revealed challenges of using technology such as human dignity, autonomy, and confidentiality. It concluded that to overcome the ethical effect of technology, the technology should enhance communication and training, protection of patients’ autonomy, rights, confidentiality, and privacy. Technology helps in caring relationship and protecting human dignity, and rights are important to be consider by the providers in order to maintain the ethics while using technology. I would like to say that nurse educators should consider the ethical and legal issues of technology and inform their students about these issues for the freshmen students. Also, educators can discuss the legal and ethical issues of technology with the syllabus. So, educators might give a brief review of the topic and some experience of the ethical and legal issues of technology in order to keep students on track and protect them from abusing the laws and the protocol.
Korhonen, E., Nordman, T., & Eriksson, K. (2015). Technology and its ethics in nursing and caring journals. Nursing Ethics, 22(5), 561-576. doi:10.1177/0969733014549881
Mastrian, K. G., McGonigle, D., Mahan, W. L., & Bixler, B. (2011). Integrating technology in nursing education: Tools for the knowledge era. Sudbury, MA. : Jones and Bartlett.
Legal / Ethical Issues in Technology Chapter 10
ReplyDeleteIn chapter 10, I have learned about some legal issues concerning technology including copyright, public domain, fair use, and the TEACH Act. It’s difficult to understand how to legally use technology in education but instructors should be aware of unethical behaviors in their classrooms. Both students and educators need to understand the restrictions of using technology according to the TEACH Act.
I reviewed an interesting article for discussion. This article gave important information about technology and ethical issues. The main ideas were preventing cheating and plagiarizing using technology and how to reduce these dishonest behaviors and create a culture of honesty. Technology plays an important role in many levels of education; many devices can be used to access world-wide information easily anytime and anywhere for earning degrees. Cheating is defined as acting in a dishonest way in order to gain an advantage or copying works of others as their own, including plagiarism. Cheating online can commonly occur by completing another student’s assignment, participating in discussion, threatening, and/or completing another student’s test. Students believe that nobody knows they’re cheating. Situations of cheating most likely involve stress due to managing too many tasks and expectations of high achievement from the assignments. A lack of interpersonal communications between students and teachers prevents ethical behaviors.
The two theories were offered as strategies for reducing incidents of cheating: (Mayville,2011)
1) The deterrence theory (promoting the perception of probable punishment)
2) The rational choice theory (promoting cheating as a high risk decision).
The strategies for creating the culture of honesty (Mayville,2011)
1) Detecting and counteracting the use of technology by prohibiting mobile
devices or other electronic materials in a test environment, using webcams
to monitor online tests, and checking plagiarism by using antiplagiarism
software such as Turnitin.
2) Creating a sense of belonging by promoting teamwork and collaboration.
3) Gaining insight into students' work by encouraging students’ insights through
assigning the tasks which change their way of thinking and their writing style.
4) Reducing stress by decreasing the amount of assignments.
I think the suggestions in this article are potential strategies to combat cheating. However, cheating can occur without technology; students should be taught to counter the temptation to cheat in their minds, especially among nursing students.
Mastrian, K.G., McGonigle, D., Mahan, W.L., & Bixler, B. (2011). Integrating
technology in nursing education: Tools for the knowledge era. Sudbury, MA:
Jones and Bartlett.
Mayville, K. L. (2011). Technology, cheating, ethics, and strategies for creating a
culture of honesty. Chart, 109(3), 6-10.
Unit 3 Legal and Ethical Issues
ReplyDeleteCurrent technology advances brought us amazing features to be added to our classrooms and to learning process. The new integrated information technology has intruded our schools and teaching environments vigorously. This kind of technology did not exist a decade ago, as the learning environment was composed of 386-based “luggable” computers and laser disc players. (Oblinger, 2005). But today we are able to access the teaching methods and education levels through many different ways and technology is the one of these ways that enabled us to make it easier as much as possible.
Technology has a remarkable influence on students and teachers in health care services, nursing programs, and nursing education. Examples of information technology (web, search engines, and available systems to manage courses through different devices are all facilitated our works. Nowadays, the impact of new created integrated technology has grown and has been ramified. But wait a minute, do these information technologies are all used in proper ways for reaching the goal and targeted the point of classrooms? No, many of these technologies are abused and misused by people who might not know about the legal and ethical issues that ocuur from using of technologies. In fact, there are many ethical and legal issues that could be seen when using new information technology in teaching and education. Accordingly to (Park, 2009), “Although the integrated teaching method deals with wide varieties of ethic content, the teaching method lacks core content and a systematic approach to ethics education within nursing programs.” In other words, ethical issues could be raised if we didn’t realize and recognized others and ours rights.
In Chapter 10 of Integrating Technology by (Mastrian, et al. 2011), I found many important information that I was not aware of it before, starting with “The primary objective of copyright is not to reward the labor of authors, but [t]o promote the Progress of Science and useful Arts.” It impressed me; we have to think about the copyrights in this way, in order to maintain the continuity of the science and its progress for human being’s sake. Because copyrights, fair use, public domain, and TEACH Act are all considered crucial to understand the proper use of available materials online.
References
Mastrian, K. G., McGonigle, D., Mahan, W. L., and Bixter. B. (2011). Integrating technology in nursing education: Tools for the knowledge era. Sudbury, MA: Jones & Bartlett.
Park, M. (2009). The legal basis of nursing ethics education. Journal Of Nursing Law, 13(4), 106-113. doi:10.1891/1073-7472.13.4.106
Oblinger, G. D. (2005). Learners, Learning, and Technology. The Educause Learning Initiative. 66-68. Retrieved from:
https://net.educause.edu/ir/library/pdf/erm0554.pdf