BC Jurisprudnece Exam Key Terms And Questions Flashcards
What does CCALA stand for?
Community care and assisted-living act
What does CFCSA stand for?
Child, Family and community service act
What does FOIPPA stand for?
Freedom of information and protection of privacy act
What does HCCCFAA stand for?
Healthcare consent, and care facility admission act
What does HPA stand for?
Health Professions Act
What does PIPA stand for?
Personal information protection act
List the 7 professional duties of psychologists.
Hint:
H
G S
I
C
P
F P
P P
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
What does it mean for an activity to be regulated?
The law imposes restrictions on activity to ensure the public are not harmed, and actually benefit from it
What does self regulation mean?
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
What is the mandate of the college of psychologist of BC?
Serve the public interest
The college has a duty to serve and protect the public under what act?
Under the health, professions act
How much notice must the college provide for proposed byelaws or amendments?
Three months
What fraction of the board and committees of the college must be made of the public?
1/3
What are the following components part of: being honest, respecting confidentiality, behaving with sensitivity, maintaining, competence, along patience to make informed choices
Code of ethics
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: college of ethics
B: general standards of practice
Define practice standards
They describe the way in which practitioners practised their profession
Define professional misconduct
Conduct that falls below the minimum expectations of a safe and ethical practitioner
Define incompetence
Where a practitioner demonstrates a lack of knowledge, skill or judgment, when assessing or treating a patient
Define incapable
They have a health condition that prevents them from practising safely
What act prohibits any practitioner from providing care without consent?
The healthcare consent and care facility admission act (HCCCFAA)
What are the 5 requirements for patient consent?
1) relates to the proposed healthcare and treatment
2) be specific, no blanket consent
3) be informed
4) voluntary
5) no misrepresentation or fraud
What seven things must consent include in order to be informed?
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
What are three ways of receiving consent?
Verbal
Written
Implied
What are the 4 requirements of a substitute decision-maker?
At least 19 years of age
Must themselves be capable
Able and willing to act
No higher ranked substitute available
Who may make decisions on behalf of a patient?
3 options
Personal guardian
Representative
Substitute decision maker
In situates where consent is needed, who makes the decision if two equally ranked decision-makers cannot agree
Public guardian and trustee
What are the 2 rules that a substitute decision-maker must follow?
Act in accordance with last no one wishes a patient
Act in the best interest of the patient
In what eight areas do practitioners need to be very cautious to maintain professional boundaries?
Self disclosure
Giving or receiving gifts
Dual relationships
Ignoring established customs
Personal opinions
Becoming friends
Touching and disrobing
Sexual misconduct
What is the name of the committee in the college that establishes a patient relations program that aims to prevent professional misconduct?
Patient relations committee
What happens if there is a finding of sexual misconduct?
Reprimand
Pay costs
Lose the right to practice for a period of time or indefinitely
True or false the college sets fees for practitioners to charge
False
True or false patient must be told the amount of the practitioner fees before the service is provided
True
True or false a practitioner must provide an itemized bill for any patient who asks
True
No fee can be billed when no service was provided. What are the 2 exceptions to this?
Patient misses an appointment
Patient cancels the appointment on very short notice provided the patient is notified in advance that cancellation fees may apply
True or false practitioners may offer a reduction in the amount of a bill if it is paid immediately
False
True or false a practitioner may not charge interest on overdue accounts, even though there is a cost to practitioners and collecting them
False a practitioner can charge interest in overdue accounts, because there is an actual cost practitioners and collecting them
True, or false services provided by a practitioner to himself for family members are covered by the medical service plan (MSP)
False
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
- Statutes (Acts): charter of rates and freedoms, human rights code, HPA, HCCCFAA
- Regulations: made by the minister of health services; the TCMP, and acupuncturist regulation
- 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.
- 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
- Guiding documents: college publishes, official documents; practice standards; help practitioners, interpret the law.
What is the HPA? Explain its role.
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.
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
True
Define scope of practice
What each profession does, and how they do it
Define restricted activities
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
What are standards, limits and conditions in relation to restrictive activities?
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
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
True
True or false practitioners can use titles or designations, inferring, specialist, status or certification
False practitioners are free to describe their areas of practice so long as it does not imply, specialist status or certification
What two things provide immunity to practitioners who make mandatory report in good faith?
The HPA, or rather health, professions act and case law
True or false mandatory reporting creates an exception to practitioners duty of confidentiality
True
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
True emphasis that it needs to be in writing
Who do you report sexual misconduct to?
Written report to the registrar of the college, to which the practitioner belongs
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.
True
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?
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
What is the difference between a bylaw versus a regulation?
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
What is the labour motility act?
Allows for out of province, registrants from elsewhere in Canada to transfer to BC with recognition of their qualifications
How many days does the practitioner have to comply with a request for access to personal info from a patient?
45 days
Under what conditions can a practitioner refuse access to patient files?
1.
2.
3.
- Significant likelihood of an adverse effect on the patient.
- Likelihood of harm to third-party.
- Disclosure could be expected to disclose personal information regarding another individual.
What is the amount that registrants must be insured for liability for negligence?
$1,000,000 per occurrence
What would happen if a registrant fails to have a professional liability insurance?
Would result in professional misconduct
Failure to make and keep adequate records is failure to maintain what and is what?
Minimum professional standards
Is professional misconduct
What information needs to be on every document within a patient’s file?
Identifying information, such as name, date of birth, contact information and practitioner name
Practitioners need to keep records for 7 to 10 years from last interaction. What constitutes as an interaction?
Direct contact with patient phone call and or email
What 11 pieces of information should be included in a patient’s file?
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
How do you get rid of patient’s records properly?
Shredding and electronic destruction
How do you properly protect patient’s records?
Lock and key, password, protected, firewall, and virus protection, and backed up regularly
What act gives patients access to their files, and ensures that registrants must make any corrections to any errors to their files?
The personal information protection act (PIPA)
If it appears that an applicant does not meet the registration requirements, then where will the register refer the application to?
To the registration committee
If registration is not granted by the registration committee, then the applicant may seek review by what board?
The health professions review board (HPRB) which is independent of the college
What is the inquire committee?
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
How many days does the college have to complete An investigation, after a complaint is filed?
120 days
What actions can the inquire community do?
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
What three things must happen before a discipline hearing begins
Citation issued
Disclosure of information
Chair of discipline selects a panel
In a discipline hearing who presents their witness first?
The college of psychologist
The discipline community can compose a fine up to how much?
$35,000
What court has the power to confirm, verify, or reverse a decision of the discipline committee?
The Supreme Court
What should a practitioners privacy policy include?
How patients personal information will be protected and how, and when personal information will be collected, used and disclosed
True or false personal information may be disclosed for the purpose of contacting substitute decision-makers
True
How many days does a practitioner have to respond to a written request to correct personal information?
30
