Provision Nine



Provision Nine



Marsha D.M. Fowler PhD, MDiv, MS, RN, FAAN


Marsha D.M. Fowler, PhD, MDiv, MS, RN, FAAN, is Senior Fellow and Professor of Ethics, Spirituality, and Faith Integration at Azusa Pacific University. She is a graduate of Kaiser Foundation School of Nursing (diploma), University of California at San Francisco (BS, MS), Fuller Theological Seminary (MDiv), and the University of Southern California (PhD). She has engaged in teaching and research in bioethics and spirituality since 1974. Her research interests are in the history and development of nursing ethics and the Code of Ethics for Nurses, social ethics and professions, suffering, the intersections of spirituality and ethics, and religious ethics in nursing. Dr. Fowler is also a Fellow in the American Academy of Nursing.



The profession of nursing, as represented by associations and their members, is responsible for articulating nursing values, for maintaining the integrity of the profession and its practice, and for shaping social policy.

Many of the elements of this provision are found in previous versions of the Code of Ethics, as will be shown shortly. However, the inclusion of a provision directed toward the profession through its associations, rather than toward the individual nurse, is dramatically new. The provisions of all previous Codes have been directed toward individual nurses, most often the nurse at the bedside. In the later revisions, some attention was given to nurse researchers, and then, in the most recent Codes, to nurse educators as well. The 2001 Code expands to include all nurses in all nursing positions, as well as the profession itself. This shift in the Code reflects the ongoing shift in U.S. nursing practice, much as earlier Codes reflected their time. For instance, earliest modern nursing, after the Civil War, took place in the home as “private duty nursing,” in which nurses were hired by the family. Private duty nursing dominated nursing practice until World War II, after which the majority of nursing shifted from the home to the hospital and nurses became employees of the hospital, known as “general duty” nursing. Prior to this shift, hospitals were largely staffed by students. Even into the 1970s, there was a remnant of private duty nursing, often called “specialing,” within hospitals. Private duty nursing within the hospital context rapidly disappears after the late 1960s with the advent of the centralization of illness care, the inception of intensive care units, and the subsequent specialization and subspecialization within nursing.

The effect that the location of nursing in the home had upon codes of ethics was that they were written for a nurse who did not receive direct supervision and who had to make clinical and moral decisions on her (mostly) own. Confidentiality received particularly heavy emphasis as the nurse was in a position to observe the goings-on within a family home. In this early period, many nursing educators were physicians, though a nurse was often the “superintendent” of the nursing school. The shift toward nurses as nurse educators was slow in coming, accelerating after WWII, and reaching completion by the 1970s. As for research, the role of a nurse researcher did not rise until well after the 1950s. Thus, early codes would not have “needed” to address nurse educators or nurse researchers, or, of course, nurse practitioners or nurses in nonstandard positions. This Code, then, departs from
previous Codes by including all nurses in all nursing positions individually and all nurses collectively through nursing associations. This provision goes farther and specifically focuses on the role of professional associations in social ethics.

Social ethics may be defined as the domain of ethics that deals with “issues of social order—the good, right, and ought in the organization of human communities and the shaping of social policies. Hence the subject matter of social ethics is moral rightness and goodness in the shaping of human society.”1 There are three major functions of social ethics, all of which fall within the legitimate, if not essential, sphere of the professional nursing association: reform of the profession, epidictic discourse (which is a type of public values-based speaking), and social reform.2

The first function of social ethics—reform of the profession—assures that the profession itself keeps its own house clean. Reform seeks to bring the profession and its practice, goals, and aspirations into conformity with the values that it holds dear. At times, this necessitates change within the professional community itself, seeking to move the profession toward an envisioned ideal, to bring the “ought” into conformity with the reality of the profession’s lived expression. This aspect of social ethics demands an intentional, ongoing, critical self-reflection and self-evaluation of the profession based on a range of critical theories that can assist in an incisive, rigorous self-assessment of the profession.

“Epidictic discourse,” the second function of social ethics, refers to a form of communication that takes place within and for the group. Unfortunately, epidictic has no synonym in the English language. Epidictic discourse refers to that kind of speech that reaffirms and reinforces the values that the community itself embraces, especially when they are confronted by competing values. It “sets out to increase the intensity of adherence to certain values, which might not be contested when considered on their own but may nevertheless not prevail against other values that might come into conflict with them.”3 Epidictic discourse is essentially a “rallying cry” that reinforces the group’s values to and for the group. It strengthens the values that are held in common by the group and the speaker, thus “making use of dispositions already present in the audience.”4 Epidictic discourse galvanizes the group to employ the group’s cherished values in order both to bring about the changes elicited by the first function of social ethics, and to move the group into the third function of social ethics—speaking the values of the group into society at large to help bring about social change that is congruent with the group’s values.5 Examples of epidictic speech in public address abound. A few examples include: Martin Luther King’s “I Have a Dream”; John Kennedy’s “Ich bin ein Berliner”; Franklin Roosevelt’s Pearl Harbor address to the Nation; Douglas MacArthur’s
farewell address to Congress; Patrick Henry’s “Give Me Liberty or Give Me Death.” Epidictic discourse is not solely the domain of famous men. These women’s speeches are excellent examples as well: Jane Addams’ “The Subjective Necessity for Social Settlements”; Susan Anthony’s “On Women’s Right to Vote”; Eleanor Roosevelt’s “The Struggle for Human Rights”; Sojourner Truth’s “Ain’t I a Woman?”; and Margaret Sanger’s “The Children’s Era.”

The third aspect of social ethics is that of social reform. In this, the profession critiques society and attempts to bring about social change that is consistent with the values of the group. For instance, if the group affirms affordable, accessible health care for all, it would assess the current state of the healthcare system for cost, distribution, and fairness of costs; access and ease of access by all sectors of society, including those with limitations such as mobility, age, literacy, etc. and including ethnic and minority constituencies; and openness of the system to all, including resident noncitizens, tourists, and others. It is expected that all nurses will be involved in this aspect of the profession’s social ethics. However, the actual implementation of social criticism and social change generally depends upon collective action, usually through a professional association. In order to engage in social criticism and to bring about social change, the profession must have knowledge based in theories that can guide and deepen social analysis and critique. Here we often see postcolonial, feminist, liberation, Marxist, or critical social theories employed, both to assess and critique society as well as the profession itself. (Note that these are the same theories that would be used to critique the profession itself.) In order to bring about social change, these theories and a knowledge of political and policy processes becomes essential. The resources of the professional association, including its political action committees, would then be drawn upon to support action for social change. It is important for this aspect of the profession’s social ethics that nurse educators include in nursing curricula content on ethics relating to issues of justice, social theories, nursing history related to social involvement of nursing and nurses, health policy formulation, and the state and federal political process. These three functions of social ethics (reform within, epidictic discourse, and social reform) are incorporated into the first part of the interpretive statement Assertion of Values.


Interpretive Statement 9.1: Assertion of Values

All three functions of social ethics are incorporated, in brief, into this section. But why this provision? Why any concern for social ethics in a code of ethics for nursing?


Nursing ethics in the United States has always been intimately concerned with the shape of society and its affect upon health and illness, that is, with social ethics. The profession’s historical and continuing involvement with working for the health of all is remarkable and it is the stuff of “pride of profession.” This abiding concern for social ethics is reflected in early nursing ethics curricula. In 1917, the National League for Nursing Education (NLNE) established curricular requirements for ethics in nursing education within its Standard Curriculum for Schools of Nursing. The standard called for 10 hours of ethics instruction in the second year, a number of hours coequal to that of other major topics such as medical nursing. The basic lectures were to include content on ethical theory, personal ethics, professional ethics, clinically applied ethics, and social ethics.6 Topics to be covered in the social ethics content included “the social virtues” and “ethical principles as applied to community life.” State boards of registered nursing also specified curricular requirements in social ethics. The California State Board of Health’s Bureau of Registration of Nurses 1916 curricular requirements in social ethics included: “democracy and social ethics,” “modern industry,” “housing reform,” and “the spirit of youth and the city streets.”7


Interpretive Statement 9.2: The Profession Carries Out its Collective Responsibility through Professional Associations

The social ethics of a profession is most often, though not exclusively, exercised through its professional associations; that is, through collectives of nurses rather than by individual nurses themselves. As a part of keeping our own house, professional associations shepherd the creation and ongoing revision of such core materials as standards of practice, criteria for accreditation of nursing educational programs, certification processes, code of ethics, and social contract (such as ANA’s Nursing’s Social Policy Statement). Collectively, in nursing these are intended to produce a baseline of safe nursing practice as a measure of the profession’s responsibility to society to evaluate its practice and practitioners. The Code of Ethics is a distinctive kind of professional standard as it establishes moral guidelines for members of the profession and it publicly states the values of the profession. The nursing profession, through its first and official spokes-organization, the American Nurses Association, has always viewed the Code as having the utmost importance.

The history of the Code begins with the meeting of delegates and representatives of the American Society of Superintendents of Training Schools for Nurses, who convened to establish a professional association for nurses. The Nurses’ Associated Alumnae of the United States and Canada (later the ANA and the Canadian
Nurses’ Associations, respectively) was formed and the articles of incorporation were written at that meeting. In the articles of incorporation, they identified their purposes, the first of which was “to establish and maintain a code of ethics.”8 Thus, establishing and maintaining a Code for the profession is the premier task of the Association. Two attempts to establish a Code (1926, 1940) failed before the Code for Professional Nurses was officially adopted by the ANA House of Delegates in 1950. Subsequent to its adoption, the Code has undergone revision approximately every 10 years in order to remain morally responsive to the context and setting of nursing. Some revisions have been minor, others have been major. With the inception of the inclusion of “interpretive statements,” the provisions of the Code have remained the same over long periods of time, while the interpretive statements have undergone substantial revision. That first Code and its successive revisions publicly made explicit the moral “contract between the profession and society” as a part of the profession’s overall accountability to society.


Interpretive Statement 9.3: Intraprofessional Integrity

This section of the provision’s interpretive statements alludes to the fact that nursing (like all social structures) is comprised of “meaning and value structures,” as well as “power structures.” The meaning and value structures of a profession (as expressed by its representative group, the professional association) are those aspects of the nursing association that embody the ideals, values, and ethics of the profession. This would include not only the Code of Ethics and the Social Policy Statement, but also the ANA Center for Ethics and Human Rights, the moral policies and position statements published by the Association, its ethics committees, and so on. Meaning and value structures articulate the values, moral ideals, and moral requirements of a group, and also serve to inform and guide, critique— and sometimes to correct—the goals, practices, or activities of a profession. Meaning and value structures are juxtaposed against power structures, which are those social structures that embody, utilize, or direct power in any of its forms. Power comes in many forms, including politics, economics, social prestige, honor, respect, expertise, and authority. Power structures enable a group to achieve its goals. Without adequate meaning and value structures, power structures can exercise runaway self-interest. Without power structures, meaning and values structures are dead in the water. Meaning and value structures must work reciprocally with power structures to advance the goals of a group in accord with its ideals.9

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Oct 2, 2016 | Posted by in NURSING | Comments Off on Provision Nine

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