The Legal and Ethical Issues Surrounding Surrogate Decision-Making
Wendy Walters, LICSW, HEC-C and Kathryn M. Smolinski, MSW, JD
July 18, 2019
About this Webinar Recording
This webinar will explore the myriad issues faced in surrogate decision making. Led by two veteran social workers, one of whom is a lawyer and the other an ethicist, the focus will be on how state laws define surrogacy and the extent of surrogacy decision-making powers. Boundaries for surrogates, limits on decisions to be made, and effectiveness/ accuracy of understanding patient preferences will also be discussed, and there will be ample time for a robust Q&A.
Learning Objectives
At the end of the presentation, the participant will be able to:
- Have a basic understanding of how state laws view surrogacy.
- Understand the difference between state-appointed and patient-appointed surrogates.
- Recognize some of the boundary issues and ethical issues in surrogate decision-making.
Presenter
Wendy

Wendy has developed multiple programs over the years, including a housewide bereavement support program in the hospital, Psychosocial & Spiritual Grand Rounds, UAB’s chapter of the national Schwartz Center Rounds, and a monthly Ethics Case Conference series. Wendy has served on the hospital’s ethics committee since 2009, taking over as Vice-Chair of the committee in 2014, and ultimately moving into a fulltime ethics consultant position in December 2016. Wendy recently completed advanced graduate training in clinical ethics through Albany Medical College in upstate New York. Ethics is and continues to be the primary focus of Wendy’s interest.
Presenter

Continuing Education Credits
Level - Intermediate
Participants will earn 1.5 CE credits upon successful completion of a quiz and a post-webinar evaluation.
Course Designation
This course has been approved for 1.5 ethics continuing education clock hours.
Outline
12:00 p.m. - 12:25 p.m.: Have a basic understanding of how state laws view surrogacy.
12:26 p.m. - 12:48 p.m.: Understand the difference between state-appointed and patient-appointed surrogates.
12:49 p.m.-1:09 p.m.: Recognize some of the boundary issues and ethical issues in surrogate decision-making.
1:10 p.m. - 1:30 p.m.: Questions and Answers
ASSOCIATION OF SOCIAL WORK BOARDS (ASWB): This organization, Association of Oncology Social Workers, ACE Approval #1351, is approved to offer social work continuing education by the Association of Social Work Boards (ASWB) Approved Continuing Education (ACE) program. Organizations, not individual courses, are approved as ACE providers. State and provincial regulatory boards have the final authority to determine whether an individual course may be accepted for continuing education credit. AOSW maintains responsibility for the program. ACE provider approval period: 11/11/22 - 11/11/25. Social workers completing this course receive 1.5 ethics continuing education credits.
NEW YORK STATE EDUCATION DEPARTMENT’S STATE BOARD FOR SOCIAL WORK:
Association of Oncology Social Work, Inc., SW CPE is recognized by the New York State Education Department’s State Board for Social Work as an approved provider of continuing education for licensed social workers #0320.
GRIEVANCE POLICY: ASOW will comply with all legal and ethical responsibilities to be non-discriminatory in promotional activities, program content and in the treatment of program participants. The monitoring and assessment of compliance with these standards will be responsibility of the Education Director in consultation with the Education Chair and clinical director from committee. We do our best to anticipate problems and, when they do present themselves, will attempt to alleviate complaints as quickly as possible. When a complaint, either verbally or written, is received, the following guidelines are followed with respect to achieving resolution: (1) Complaints relative to a speaker or workshop leader, contents of instructional materials being presented, or an individual educational style being utilized, the individual voicing disapproval is requested to place his/her comments in writing. An AOSW representative will convey these comments to the speaker, assuring the confidentiality of the grieved individual. (2) If the complaint concerns a continuing education activity, its content, level of presentation, or facilities in which the event is being held, the representative in charge will attempt to resolve the matter as expeditiously as possible. If the offered resolution (resolutions offered may include, but not be limited to partial/full refund of registration fees paid; credit toward future event) not satisfactory to the individual filing the complaint, then further action may be taken as follows. (3) The individual is requested to place his/her complaint in writing to the attention of the Education Director, The Association of Oncology Social Work, 17W110 22nd St, Suite 800, Oakbrook Terrace, IL 60181. The complaint is then reviewed by the Education Director in consultation with the Clinical Director and Education Advisor. A written response will be issued within 30-days of receipt of the written complaint.
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