Ch 16. EMS Law

Question 1

The authority of the state to regulate emergency medical care comes from ___. (533)

Answer 1

their police powers

Question 2

States have delegated the authority and responsibility to direct, oversee, and manage EMS to ___. (533)

Answer 2

an administrative agency, most commonly a state or regional health department

Question 3

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)

Answer 3

license

Question 4

For consent to be valid, it must be given ___. (544)

Answer 4

knowingly and voluntarily

Question 5

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)

Answer 5

informed consent

Question 6

in order for a person to lawfully consent to treatment, she must have ___. (545)

Answer 6

the capacity to consent

Question 7

Two groups of people lack the legal capacity to consent: (546)

Answer 7

1) minors

2) those who are adjudicated to be incompetent

Question 8

Police officers are ___, and for that reason should be summoned whenever a patient becomes combative. (550)

Answer 8

trained and experienced in dealing with people who physically resist

Question 9

Fire and EMS personnel should avoid resorting to force whenever possible, and should limit force used to ___. (550)

Answer 9

that necessary to protect themselves and the patient from further harm.

Question 10

Firefighters and EMS personnel have the right to ___ to defend themselves. (550)

Answer 10

use reasonable force

Question 11

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)

Answer 11

advanced directives

Question 12

A legal document by which a person designates someone to make health care decisions on their behalf should the become incapacitated. (551)

Answer 12

durable power of attorney for health care decisions

Question 13

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)

Answer 13

living will

Question 14

The ___ is the most important consideration when it comes to EMS. (552)

Answer 14

standard of care

Question 15

In any case where negligence is alleged it will come down to a jury determination of whether the EMT or paramedic ___. (552)

Answer 15

met or failed to met the standard of care

Question 16

___ usually will only provide liability protection for acts that constitute negligence, not gross negligence, recklessness, or intentional wrongdoing. (556)

Answer 16

statutory EMS immunity

Question 17

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)

Answer 17

confidential information

Question 18

Confidentiality attaches due to the nature of ___. (558)

Answer 18

the relationship between the provider and the patient

Question 19

State confidentiality laws universally allow the sharing of medical information between health care providers to the extent ___. (559)

Answer 19

necessary to provide patient care

Question 20

___ requires that, if exposure is confirmed, the hospital notify the designated officer within 48 hours about the disease status of the source patient. (561)

Answer 20

Ryan White Comprehensive AIDS Resource Emergency (CARE) Act of 1990

Question 21

Fire and emergency service organizations that ___ fall under HIPAA. (562)

Answer 21

bill electronically for emergency medical services

including those that use an independent billing company

Question 22

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)

Answer 22

protected health information (PHI)

Question 23

Civil HIPAA penalties are assessed by ___ and include fines of up to ___ for multiple violations of the same standard in a calendar year. (563)

Answer 23

the Secretary of Health and Human Services; $25,000

Question 24

When a HIPAA violation involves the disclosure of ___ or ___, criminal sanctions may be imposed. (563)

Answer 24

“unique health identifiers” or “individually identifiable health information”

Question 25

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)

Answer 25

a fine of not more than $50,000 and/or imprisonment for not more than 1 year; false pretenses