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Intro To PT > chapter 7 > Flashcards

chapter 7 Flashcards

1
Q

4 primary sources of law and legal obligations in society:

A

1)Constitutional law authority
2)Statutory law
3)Common law authority
4)Administrative or regulatory law authority

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2
Q

constitutional law authority

A

-created by federal constitution
-first 10 amendments rights

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3
Q

statutory laws

A

-second priority
-created by congress and state legislatures
-this is where it affects PT/PTAs

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4
Q

EX of statutory laws

A

-Medicare and Medicaid laws
-workers compensation act
-Americans with disabilities act
-rehabilitation act
PT LICENSURE LAWS

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5
Q

common laws

A

-third priority
-created by judges
-ex: malpractice

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6
Q

administrative or regulatory laws

A

-enacted by administrative agencies at the local, state, and federal levels.
-influence business conduct
have major effect on healthcare professions in areas of research, practice, and educational settings.

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7
Q

EX of administrative or regulatory laws

A

-OSHA
-Centers for Medicare and medicaid services (CMS)

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8
Q

Two large areas of law affecting physical therapy practice

A

1) Americans with Disabilities Act
2) Individuals with Disabilities Education Act of 1997.

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9
Q

Americans with Disabilities Act

A

-nondiscrimination law
-prevents discrimination against persons with disabilities in areas of employement, public accommodations, etc.

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10
Q

What was the ADA modeled after?

A

rehabilitation act of 1973

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11
Q

5 sections of ADA

A

1)Title I of the ADA
2) Ttiles II, III, IV and V of ADA

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12
Q

Title I of the ADA

A

-protects people with disabilities against employement discrimination.

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13
Q

Undue hardship

A

Means the accommodation would be excessively disruptive, very costly, or difficult to implement.

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14
Q

Title II of the ADA

A

-protects against discrimination related to equal access to public services, including public transportation services.

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15
Q

Title III of ADA

A

protects against discrimination related to equal public accommodations , including all private businesses and services.
(RELGIOUS AND SOME PRIVATE CLUBS ARE EXCLUDED).

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16
Q

Title IV of ADA

A

protects against all discrimination related to equal access to telecommunication services

EX closed captioning services

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17
Q

Title V of ADA

A

-a miscellaneous section
-discusses the ADAs relationship to other federal statutes, key definitions, and affirmation that the states cannot claim immunity from the ADA requirements.

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18
Q

Individuals with disabilities education act (IDEA) OF 1997

A
  • clinton
  • a law ensuring services to children with disabilities throughout the nation
  • special education, early intervention
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19
Q

who receives early intervention services under IDEA part C?

A

infants and toddlers (birth-3 years old) with disabilities and their families

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20
Q

who receives special education services and related services under IDEA part B?

A

-children and youth (3-21years old).
IEP

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21
Q

PT licensure laws

A

-enacted by all states (statutory law)
-licensure laws for PTS are enacted in 52 jurisdictions
-PTAs are licensed in 50 jurisdictionsw

22
Q

who is responsible for the licensure examination and related activities?

A

FSBPT

23
Q

OSHA

A

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATIONS FEDERAL STANDARDS
-a federal government regulatory agency concerned with the health and safety of workers.

24
Q

The bloodborne pathogens standard

A

-OSHA standard requires that employers protect workers, who could be potentially exposed to blood or infectious agents.

25
Q

How can employers protect their workers from bloodborne pathogens?

A

-Create a plan, policies, and procedures
-Require use of universal precautions
-provide work areas that ensure minimized risks
-provide hepatitis B vaccinations
-provide training

26
Q

Methods of infection control

A

-engineering controls
-immunization programs
-work practices
-disposal and handling of contaminated waste
-use of PPE
-use of mouthpieces
-use of disinfectants
-labeling and signs
-training and education programs
-postexposure follow up

27
Q

Domestic violence (domestic abuse)

A

-Intimate partner violence
-occurs between people in intimate relationships and takes many forms.

28
Q

economic abuse

A

-controlling finances
-refusing to share money
-sabotaging partners work environment

29
Q

emotional abuse

A

insults, criticism, name calling

30
Q

psychological abuse

A

-PTSD, stress disorder, depression, suicide

31
Q

the first step toward ensuring appropriate care is..

A

identifying individuals experiencing domestic violence

32
Q

actions that can be taken by healthcare provider

A

-observe victim
-question victim
-respect victims privacy
-asses and treat victim
-keep records
-support and follow up victim

33
Q

Direct questioning is best for what kind of patients?

A

patients who understand terms such as abuse and battered

34
Q

Indirect questioning is best for what kind of patients?

A

patients who do not understand those terms.

35
Q

examples of direct questions

A

-has someone been hurting you?
-did someone hit you?
-did your partner hit you?

36
Q

examples of indirect questions

A

-are you having problems with your partner?
-what types of problems do you have with your partner?
-how does your partner feel about you coming to physical therapy?

37
Q

Domestic violence can be handled in 3 different types of courts

A

-criminal court
-divorce or family court
-civil court

38
Q

criminal court

A

-state prosecutes the abuser
-abuse, rape, kidnapping, false imprisonment, etc.

39
Q

divorce or family court

A

family violence directly affects divorce proceedings and can be a factor in limiting or prohibiting the abusers rights to child custody

40
Q

civil court

A

victim can address a violation of a protection order or sure for money damages.-
-sexual harassment or personal injury

41
Q

Elder justice act of 2010

A

established governmental authorities and funding to support adult protection services in all states

42
Q

why is it easier for PT and PTAs to recognize elder abuse?

A

they work closely with them and for a long period of time

43
Q

malpractice laws

A

civil laws derived from common laws

44
Q

EX of PT malpractice

A

-negligence
-faulty supervision of PTA
-violation of ethical practice
-harm to patient

45
Q

EX of PTA malpractice

A

-negligence
-harm to patient

46
Q

negligence

A

-caused by failing to do what another competent practitioner would have done under similar circumstances
-failure to give reasonable care
-PT/PTA AND STUDENTS HELD LIABLE

47
Q

duty of care

A

protects patient/client by making it mandatory that they be treated by meeting the common or average standards of practice

48
Q

ways a institution can do negligence

A

-slippery floor
-poorly lit area where patient can fall
-PT or PTA is not licensed or allowing a non-licensed person to perform PT/PTA duties.

49
Q

EX of malpractice involving PT/PTAS and PT/PTA students

A

-burns due to equipment
-utilization of defective equipment
-patient falls during gait training
-exercise injuries
-not following APTAs ethical principles

50
Q

how long do patients have a statute of limitations?

A

1-4 years after injury to make claim

51
Q

To be legally competent to testify as a expert witness a PT/PTA must meet two basic requirements

A

1)the expert witness must be knowledgeable concerning the health professional product or service
2)expert witness must have been directly or indirectly involved with the legal standards of care for the defendants healthcare discipline at the time the incident took place.

Intro To PT (25 decks)

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