Chapter 7: laws and regs

Question 1

Constitutional law

Answer 1

Superior because created from federal constitution, supreme law

Question 2

Bill of rights

Answer 2

First 10 amendments. Delineate specific individual protections from federal, state, and local gov over reaching. State laws generally offer more civilian protection

Question 3

Statutory law

Answer 3

2nd after constitutional laws. Congress and state legislatures enact statute within spheres of legal authority. Medicare - Medicaid - WC - Americans with Disabilites ADA - Rehab Act 1973 - IDEA 1997 - licensure laws

Question 4

Common law

Answer 4

3rd priority as legal tenets. Created by judges, most related to healthcare ethics and legal issues (mal practice)

Question 5

Administravtive or regulatory law

Answer 5

Enacted by administrative or regulatory agencies at local, state, and federal levels. Influence business conduct and major effect on practice, research, and edu settings. OSHA and CMS (centers for medicare and Medicaid)

Question 6

Americans with Disabilities Act (ADA)

Answer 6

Non discrimination law preventing discrimination against persons with disabilites in areas of employment, public accommodations, state and local gov services, and telecommunications - modeled after Rehabilitation Act of 1973: prohibits discrimination based on disability in federal executive agencies and in all institutions receiving medicare, Medicaid, and federal support

Question 7

ADA protections

Answer 7

1. Protects against employment discrimination including recruitment, selection, training, benefits, promotion, discipline, and retention - employee must be able to perform essential functions with or without reasonable accommodations
2. Protects against discrimination related to equal access to public services, including transportation
3. Protects against discrimination related to equal telecommunication services
4. Protects against discrimination related to equal public accommodations including all private businesses and services - excludes religious orgs and private clubs
5. Miscellaneous section that discusses ADA’s relationship to other federal statutes, key definitions, and on affirmation that the states cannot claim immunity form ADA requirements - must communicate effectively (translators cannot alter the nature of treatment)

Question 8

IDEA

Answer 8

Individuals with Disabilites EDU Act 1997: ensures services to children with Disabilites through the nation. Governs how states and public agencies provide early intervention, special edu, and related services to infants-youth with disabilities - PTs required to develop and implement cost-effective services within framework of federally approved state plans

Question 9

Licensure laws

Answer 9

Protect consumer against professional incompetence - APTA established PT/PTA guidelines in US - can change by state - jurisprudence exam to ensure they are informed about laws and regulations in each state

Question 10

FSBPT

Answer 10

Federation of State Boards of PT works toward desireable and reasonable uniformity in regulation and standards through strategic planning and ongoing communications

Question 11

OSHA

Answer 11

Occupational Safety and Health Administration is a federal gov agency concerned with health / safety of workers - protective standards established and enforeced - workplace safety

1. Bloodborne pathogens
2. Methods of infection control
3. Universal precautions

Question 12

Malpractice

Answer 12

Civil laws deprived from common laws that include - professional negligence - intentional misconduct - patient injury from abnormally dangerous examination/treatment - related activities - patient injury from dangerously defective examination/treatment related products

Question 13

PTs can be sued for (malpractice)

Answer 13

Negligence - faulty supervision of PTA or nonlicensed personnel - violations of ethical principles - other performances that result in harm to the patient

Question 14

Negligence

Answer 14

Failing to give reasonable care or giving of unreasonable care which causes patient harm. Failing to do what another competent practioner would have done under similar circumstances

Question 15

Examples of negligence in PT

Answer 15

Burns due to defective equipment - utilization of defective equipment - patient falls during gait training - exercise injuries - any action or inaction inconsistent with APTA’s ethical principles and standards of practice