Ch 16. EMS Law Flashcards
The authority of the state to regulate emergency medical care comes from ___. (533)
their police powers
States have delegated the authority and responsibility to direct, oversee, and manage EMS to ___. (533)
an administrative agency, most commonly a state or regional health department
An EMS personnel’s ___ is a mechanism for ensuring that minimum training requirements are met as well as ensuring quality of care issues are addressed. (543)
license
For consent to be valid, it must be given ___. (544)
knowingly and voluntarily
The concept that consent must be given knowingly and voluntarily has evolved into what we now know as ___. It is an obligation on the part of caregivers to provide enough information to patients so that they understand what the risks and benefits associated with a decision are, and are capable of making informed decisions. (544)
informed consent
in order for a person to lawfully consent to treatment, she must have ___. (545)
the capacity to consent
Two groups of people lack the legal capacity to consent: (546)
1) minors
2) those who are adjudicated to be incompetent
Police officers are ___, and for that reason should be summoned whenever a patient becomes combative. (550)
trained and experienced in dealing with people who physically resist
Fire and EMS personnel should avoid resorting to force whenever possible, and should limit force used to ___. (550)
that necessary to protect themselves and the patient from further harm.
Firefighters and EMS personnel have the right to ___ to defend themselves. (550)
use reasonable force
Used when a person stipulates in advance the lifesaving measures and treatment they desire should they become incompetent or designate who may make important medical decisions for them in the event they are unable to decide for themselves. (551)
advanced directives
A legal document by which a person designates someone to make health care decisions on their behalf should the become incapacitated. (551)
durable power of attorney for health care decisions
A statement of the persons desire for (or withholding of) life prolonging treatment that is binding upon health care providers once the person is incapacitated. (551)
living will
The ___ is the most important consideration when it comes to EMS. (552)
standard of care
In any case where negligence is alleged it will come down to a jury determination of whether the EMT or paramedic ___. (552)
met or failed to met the standard of care
___ usually will only provide liability protection for acts that constitute negligence, not gross negligence, recklessness, or intentional wrongdoing. (556)
statutory EMS immunity
Anything communicated between the patient and the health care provider related to care and treatment, as well as any medical information that the provider obtains from any other source relative to the patient’s care, condition, diagnosis, and treatment. (558)
confidential information
Confidentiality attaches due to the nature of ___. (558)
the relationship between the provider and the patient
State confidentiality laws universally allow the sharing of medical information between health care providers to the extent ___. (559)
necessary to provide patient care
___ requires that, if exposure is confirmed, the hospital notify the designated officer within 48 hours about the disease status of the source patient. (561)
Ryan White Comprehensive AIDS Resource Emergency (CARE) Act of 1990
Fire and emergency service organizations that ___ fall under HIPAA. (562)
bill electronically for emergency medical services
including those that use an independent billing company
HIPAA uses the term ___ to refer to individually identifiable health information that is maintained, transmitted or stored electronically, or that is “transmitted to maintained in any other form or medium.” (562)
protected health information (PHI)
Civil HIPAA penalties are assessed by ___ and include fines of up to ___ for multiple violations of the same standard in a calendar year. (563)
the Secretary of Health and Human Services; $25,000
When a HIPAA violation involves the disclosure of ___ or ___, criminal sanctions may be imposed. (563)
“unique health identifiers” or “individually identifiable health information”
The basic HIPAA criminal section is a misdemeanor offense that includes ___. however when the offense is committed under ___, it becomes a felony with the maximum penalty increased to a $100,000 fine and/or 5 year imprisonment. (563)
a fine of not more than $50,000 and/or imprisonment for not more than 1 year; false pretenses
