chapter 7 Flashcards
4 primary sources of law and legal obligations in society:
1)Constitutional law authority
2)Statutory law
3)Common law authority
4)Administrative or regulatory law authority
constitutional law authority
-created by federal constitution
-first 10 amendments rights
statutory laws
-second priority
-created by congress and state legislatures
-this is where it affects PT/PTAs
EX of statutory laws
-Medicare and Medicaid laws
-workers compensation act
-Americans with disabilities act
-rehabilitation act
PT LICENSURE LAWS
common laws
-third priority
-created by judges
-ex: malpractice
administrative or regulatory laws
-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.
EX of administrative or regulatory laws
-OSHA
-Centers for Medicare and medicaid services (CMS)
Two large areas of law affecting physical therapy practice
1) Americans with Disabilities Act
2) Individuals with Disabilities Education Act of 1997.
Americans with Disabilities Act
-nondiscrimination law
-prevents discrimination against persons with disabilities in areas of employement, public accommodations, etc.
What was the ADA modeled after?
rehabilitation act of 1973
5 sections of ADA
1)Title I of the ADA
2) Ttiles II, III, IV and V of ADA
Title I of the ADA
-protects people with disabilities against employement discrimination.
Undue hardship
Means the accommodation would be excessively disruptive, very costly, or difficult to implement.
Title II of the ADA
-protects against discrimination related to equal access to public services, including public transportation services.
Title III of ADA
protects against discrimination related to equal public accommodations , including all private businesses and services.
(RELGIOUS AND SOME PRIVATE CLUBS ARE EXCLUDED).
Title IV of ADA
protects against all discrimination related to equal access to telecommunication services
EX closed captioning services
Title V of ADA
-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.
Individuals with disabilities education act (IDEA) OF 1997
- clinton
- a law ensuring services to children with disabilities throughout the nation
- special education, early intervention
who receives early intervention services under IDEA part C?
infants and toddlers (birth-3 years old) with disabilities and their families
who receives special education services and related services under IDEA part B?
-children and youth (3-21years old).
IEP
PT licensure laws
-enacted by all states (statutory law)
-licensure laws for PTS are enacted in 52 jurisdictions
-PTAs are licensed in 50 jurisdictionsw
who is responsible for the licensure examination and related activities?
FSBPT
OSHA
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATIONS FEDERAL STANDARDS
-a federal government regulatory agency concerned with the health and safety of workers.
The bloodborne pathogens standard
-OSHA standard requires that employers protect workers, who could be potentially exposed to blood or infectious agents.
How can employers protect their workers from bloodborne pathogens?
-Create a plan, policies, and procedures
-Require use of universal precautions
-provide work areas that ensure minimized risks
-provide hepatitis B vaccinations
-provide training
Methods of infection control
-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
Domestic violence (domestic abuse)
-Intimate partner violence
-occurs between people in intimate relationships and takes many forms.
economic abuse
-controlling finances
-refusing to share money
-sabotaging partners work environment
emotional abuse
insults, criticism, name calling
psychological abuse
-PTSD, stress disorder, depression, suicide
the first step toward ensuring appropriate care is..
identifying individuals experiencing domestic violence
actions that can be taken by healthcare provider
-observe victim
-question victim
-respect victims privacy
-asses and treat victim
-keep records
-support and follow up victim
Direct questioning is best for what kind of patients?
patients who understand terms such as abuse and battered
Indirect questioning is best for what kind of patients?
patients who do not understand those terms.
examples of direct questions
-has someone been hurting you?
-did someone hit you?
-did your partner hit you?
examples of indirect questions
-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?
Domestic violence can be handled in 3 different types of courts
-criminal court
-divorce or family court
-civil court
criminal court
-state prosecutes the abuser
-abuse, rape, kidnapping, false imprisonment, etc.
divorce or family court
family violence directly affects divorce proceedings and can be a factor in limiting or prohibiting the abusers rights to child custody
civil court
victim can address a violation of a protection order or sure for money damages.-
-sexual harassment or personal injury
Elder justice act of 2010
established governmental authorities and funding to support adult protection services in all states
why is it easier for PT and PTAs to recognize elder abuse?
they work closely with them and for a long period of time
malpractice laws
civil laws derived from common laws
EX of PT malpractice
-negligence
-faulty supervision of PTA
-violation of ethical practice
-harm to patient
EX of PTA malpractice
-negligence
-harm to patient
negligence
-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
duty of care
protects patient/client by making it mandatory that they be treated by meeting the common or average standards of practice
ways a institution can do negligence
-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.
EX of malpractice involving PT/PTAS and PT/PTA students
-burns due to equipment
-utilization of defective equipment
-patient falls during gait training
-exercise injuries
-not following APTAs ethical principles
how long do patients have a statute of limitations?
1-4 years after injury to make claim
To be legally competent to testify as a expert witness a PT/PTA must meet two basic requirements
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.
