BC Jurisprudnece Exam Key Terms And Questions Flashcards

1
Q

What does CCALA stand for?

A

Community care and assisted-living act

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2
Q

What does CFCSA stand for?

A

Child, Family and community service act

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3
Q

What does FOIPPA stand for?

A

Freedom of information and protection of privacy act

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4
Q

What does HCCCFAA stand for?

A

Healthcare consent, and care facility admission act

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5
Q

What does HPA stand for?

A

Health Professions Act

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6
Q

What does PIPA stand for?

A

Personal information protection act

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7
Q

List the 7 professional duties of psychologists.
Hint:
H
G S
I
C
P
F P
P P

A

Duty to be HONEST with patients

Duty to provide GOOD SERVICE

Duty to INFORM patients of what they are going to do

Duty to ask for patients’ CONSENT

Duty to be POLITE

Duty to work with FELLOW PRACTITIONERS

Duty to work with the regulatory college to PROTECT the PUBLIC

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8
Q

What does it mean for an activity to be regulated?

A

The law imposes restrictions on activity to ensure the public are not harmed, and actually benefit from it

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9
Q

What does self regulation mean?

A

Government has made a statue (act) duty to regulate the profession to a separate body (college), majority of whose board is elected by the profession

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10
Q

What is the mandate of the college of psychologist of BC?

A

Serve the public interest

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11
Q

The college has a duty to serve and protect the public under what act?

A

Under the health, professions act

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12
Q

How much notice must the college provide for proposed byelaws or amendments?

A

Three months

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13
Q

What fraction of the board and committees of the college must be made of the public?

A

1/3

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14
Q

What are the following components part of: being honest, respecting confidentiality, behaving with sensitivity, maintaining, competence, along patience to make informed choices

A

Code of ethics

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15
Q

The college is authorized by the health professions act to create bylaws that establish standards of professional ethics force members schedule _______ (A) of the college byelaws contains _____ (B) schedule be contains what

A

A: college of ethics
B: general standards of practice

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16
Q

Define practice standards

A

They describe the way in which practitioners practised their profession

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17
Q

Define professional misconduct

A

Conduct that falls below the minimum expectations of a safe and ethical practitioner

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18
Q

Define incompetence

A

Where a practitioner demonstrates a lack of knowledge, skill or judgment, when assessing or treating a patient

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19
Q

Define incapable

A

They have a health condition that prevents them from practising safely

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20
Q

What act prohibits any practitioner from providing care without consent?

A

The healthcare consent and care facility admission act (HCCCFAA)

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21
Q

What are the 5 requirements for patient consent?

A

1) relates to the proposed healthcare and treatment
2) be specific, no blanket consent
3) be informed
4) voluntary
5) no misrepresentation or fraud

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22
Q

What seven things must consent include in order to be informed?

A

1) nature of the treatment/therapy or assessment
2) who will be doing procedure
3) reasons for procedure
4) material risks, and side effects
5) alternatives to procedure
6) consequences of not having the procedure
7) particular patient concerns

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23
Q

What are three ways of receiving consent?

A

Verbal
Written
Implied

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24
Q

What are the 4 requirements of a substitute decision-maker?

A

At least 19 years of age
Must themselves be capable
Able and willing to act
No higher ranked substitute available

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25
Q

Who may make decisions on behalf of a patient?
3 options

A

Personal guardian
Representative
Substitute decision maker

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26
Q

In situates where consent is needed, who makes the decision if two equally ranked decision-makers cannot agree

A

Public guardian and trustee

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27
Q

What are the 2 rules that a substitute decision-maker must follow?

A

Act in accordance with last no one wishes a patient

Act in the best interest of the patient

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28
Q

In what eight areas do practitioners need to be very cautious to maintain professional boundaries?

A

Self disclosure
Giving or receiving gifts
Dual relationships
Ignoring established customs
Personal opinions
Becoming friends
Touching and disrobing
Sexual misconduct

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29
Q

What is the name of the committee in the college that establishes a patient relations program that aims to prevent professional misconduct?

A

Patient relations committee

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30
Q

What happens if there is a finding of sexual misconduct?

A

Reprimand
Pay costs
Lose the right to practice for a period of time or indefinitely

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31
Q

True or false the college sets fees for practitioners to charge

A

False

32
Q

True or false patient must be told the amount of the practitioner fees before the service is provided

A

True

33
Q

True or false a practitioner must provide an itemized bill for any patient who asks

A

True

34
Q

No fee can be billed when no service was provided. What are the 2 exceptions to this?

A

Patient misses an appointment

Patient cancels the appointment on very short notice provided the patient is notified in advance that cancellation fees may apply

35
Q

True or false practitioners may offer a reduction in the amount of a bill if it is paid immediately

A

False

36
Q

True or false a practitioner may not charge interest on overdue accounts, even though there is a cost to practitioners and collecting them

A

False a practitioner can charge interest in overdue accounts, because there is an actual cost practitioners and collecting them

37
Q

True, or false services provided by a practitioner to himself for family members are covered by the medical service plan (MSP)

A

False

38
Q

List the sources of law and explain the differences between them.
Hint:
1. S (A)
2. R
3. B
4. C L
5. G D

A
  1. Statutes (Acts): charter of rates and freedoms, human rights code, HPA, HCCCFAA
  2. Regulations: made by the minister of health services; the TCMP, and acupuncturist regulation
  3. bylaws : Proposed by the college board, and require the approval of the health minister; deal with the internal operations of the college and obligations of practitioners; professional, liability, insurance, info, practitioners must provide, etc.
  4. Case Laws: Important, guiding the procedure of college communities; court decisions are used as a guide by lawyers and judges, when similar issues arise in the future
  5. Guiding documents: college publishes, official documents; practice standards; help practitioners, interpret the law.
39
Q

What is the HPA? Explain its role.

A

Health professions act

Sets out the duties and responsibilities of the minister of health services and the colleges

Reporting obligations of practitioners

List the bylaws, the college should have the authority to make

processes for reviewing decisions.

40
Q

True or false, scope of practice statements, do not exclude other regulated, professions, or unregulated persons from providing services that fall within a particular professional scope of practice

A

True

41
Q

Define scope of practice

A

What each profession does, and how they do it

42
Q

Define restricted activities

A

List of invasive high activities that must not be performed by any person, except members of a regulated profession that has been granted specific authority to perform these activities at

43
Q

What are standards, limits and conditions in relation to restrictive activities?

A

Identify the terms on which restricted activities can be performed

Standards are required level of performance example consent

Limits or specify the limitations on what the part for me do

Conditions or circumstances required for a practitioner to perform a restricted activity

44
Q

True or false if a person is not from one of the approved health professions, they cannot use the title of doctor in a clinical setting, even if the person that has earned a doctoral degree

A

True

45
Q

True or false practitioners can use titles or designations, inferring, specialist, status or certification

A

False practitioners are free to describe their areas of practice so long as it does not imply, specialist status or certification

46
Q

What two things provide immunity to practitioners who make mandatory report in good faith?

A

The HPA, or rather health, professions act and case law

47
Q

True or false mandatory reporting creates an exception to practitioners duty of confidentiality

A

True

48
Q

True or false a written report of sexual misconduct, cannot contain the patient’s name, unless the patient agrees in writing that the name can be included

A

True emphasis that it needs to be in writing

49
Q

Who do you report sexual misconduct to?

A

Written report to the registrar of the college, to which the practitioner belongs

50
Q

True or false a practitioner must report to the college if they terminate the employment of another healthcare provider, revoke, suspend, or impose restrictions on a provider or dissolve partnership, or association with that person. That practitioner must make a report, even if the person quits or resigns first.

A

True

51
Q

The health professions act requires that the public have access to certain information about practitioners. What are the six key pieces of information that should be available?

A

Name of practitioner

Business address and telephone number

Name, business, address, and telephone number of each professional corporation

Class of registration

Any limits or conditions on registration

Cancellations or suspensions of registration

52
Q

What is the difference between a bylaw versus a regulation?

A

A bylaw is made directly by the board of the college and relates to administration and internal affairs

Regulation is made by the cabinet or minister of the provincial government and deals with issues of broader public concerns

53
Q

What is the labour motility act?

A

Allows for out of province, registrants from elsewhere in Canada to transfer to BC with recognition of their qualifications

54
Q

How many days does the practitioner have to comply with a request for access to personal info from a patient?

A

45 days

55
Q

Under what conditions can a practitioner refuse access to patient files?
1.
2.
3.

A
  1. Significant likelihood of an adverse effect on the patient.
  2. Likelihood of harm to third-party.
  3. Disclosure could be expected to disclose personal information regarding another individual.
56
Q

What is the amount that registrants must be insured for liability for negligence?

A

$1,000,000 per occurrence

57
Q

What would happen if a registrant fails to have a professional liability insurance?

A

Would result in professional misconduct

58
Q

Failure to make and keep adequate records is failure to maintain what and is what?

A

Minimum professional standards

Is professional misconduct

59
Q

What information needs to be on every document within a patient’s file?

A

Identifying information, such as name, date of birth, contact information and practitioner name

60
Q

Practitioners need to keep records for 7 to 10 years from last interaction. What constitutes as an interaction?

A

Direct contact with patient phone call and or email

61
Q

What 11 pieces of information should be included in a patient’s file?

A

Identifying information,
practitioner name,
Subjective and objective information, findings from assessments,
results of testing,
summary of patient’s problems and treatment plan,
actual treatment provided,
progress, notes,
assessment and modifications to treatment plan,
if patient was referred, who did the referral,
any other referrals,
and proof of consent

62
Q

How do you get rid of patient’s records properly?

A

Shredding and electronic destruction

63
Q

How do you properly protect patient’s records?

A

Lock and key, password, protected, firewall, and virus protection, and backed up regularly

64
Q

What act gives patients access to their files, and ensures that registrants must make any corrections to any errors to their files?

A

The personal information protection act (PIPA)

65
Q

If it appears that an applicant does not meet the registration requirements, then where will the register refer the application to?

A

To the registration committee

66
Q

If registration is not granted by the registration committee, then the applicant may seek review by what board?

A

The health professions review board (HPRB) which is independent of the college

67
Q

What is the inquire committee?

A

Is the statuary committee of the college that handles member specific concerns

Involved in allegations regarding professional conduct, incompetence or incapacity

Is a screening body

Cannot find wrongdoings or disciplinary section only the discipline committee can do that

68
Q

How many days does the college have to complete An investigation, after a complaint is filed?

A

120 days

69
Q

What actions can the inquire community do?

A

No action of the complaint is frivolous

Mediation between parties
Seek a consent order from the member
Referral to discipline

In serious cases, it may make an interim order, ie. suspension of registration

70
Q

What three things must happen before a discipline hearing begins

A

Citation issued
Disclosure of information
Chair of discipline selects a panel

71
Q

In a discipline hearing who presents their witness first?

A

The college of psychologist

72
Q

The discipline community can compose a fine up to how much?

A

$35,000

73
Q

What court has the power to confirm, verify, or reverse a decision of the discipline committee?

A

The Supreme Court

74
Q

What should a practitioners privacy policy include?

A

How patients personal information will be protected and how, and when personal information will be collected, used and disclosed

75
Q

True or false personal information may be disclosed for the purpose of contacting substitute decision-makers

A

True

76
Q

How many days does a practitioner have to respond to a written request to correct personal information?

A

30