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2.1 Professional Practice > Employment Legislation > Flashcards

Employment Legislation Flashcards

1
Q

Define legislation
(3)

A

‘bringing of a law’

The action of making or giving laws

Enactment of laws

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2
Q

What are the purposes of legislation
(7)

A

To regulate
To authorise
To provide/Make provisions
To control
To grant
To declare
To restrict

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3
Q

Why is legislation important?
(2)

A

Its one of the most important instruments of government in organising society and protecting citizens

It determines amongst others the right and responsibilities of individuals and authorities to whom the legislation applies

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4
Q

What are six laws in the Med Lab Science?

A

Employment laws
Data protection laws
Health and safety laws
Profession related laws
EU directives
Guidelines

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5
Q

List some employment laws
(10)

A

Terms of employment (information) Act 1994-2014

Protection of employees (fixed term) act 2003

Protection of employees (part time work) Act 2001

Maternity protection (amendment) act 2004

Parental leave (amendment) act 2006

Adoptive leave act 2005

Equality act 2004

Unfair dismissal act 1993

Organisation of working time act 1997

Children first act 2015

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6
Q

What does the Terms of Employment (Information) Act 1994-2014 cover
(7)

A

Contract
Employer details
Hours
Payment
Sick leave
Grievance procedure
Disciplinary procedure and dismissal

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7
Q

What does the data protection act cover?
(2)

A

To regulate the collection, processing, keeping, use and disclosure of certain information relating to individuals

Protection of individuals with regard to the processing of personal data and on the free movement of such data

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8
Q

List four data protection acts
(4)

A

Data Protection Act 1988

Data Protection (Amendment) Act 2003

Data Protection Act 2018 to include GDPR

Freedom of Information Act 2014

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9
Q

What are the two roles provided by the freedom of information act 2014?
(2)

A

Data protection commissioner
Information commissioner

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10
Q

Write a note on the Data Protection Act
(4)

A

Service User personal details will be treated in confidence to the greatest extend possible

Obligation on the HSE and staff to safeguard the right of individuals in relation to the processing of their personal data

Personal information should only be used or disclosed for the purpose for which it was collected or another directly related purpose

Feedback information required for reporting and statistical purposes will be anonymised and all identified data will be removed

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11
Q

Write a note on the freedom of information act
(2)

A

An act to enable members of the public to obtain access to the information in the possession of public bodies and to enable persons to have personal information relating to them in the possession of such bodies corrected

TO provide for the establishment of the Office of the Information Commissioner (OIC)

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12
Q

Write a note on the freedom of information act
(4)

A

Personal records relating to both living and decreased individuals and non-personal records

Applies to public bodies only

Internal review of initial decision possible

Appeal decision to information commissioner

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13
Q

Write a note on the data protection
(3)

A

Personal records relating to living individuals

Applies to public and private bodies

Complain about decisions to data protection commissioner

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14
Q

What is the overlap between the freedom of information act and the data protection act
(4)

A

Right of access

Personal records

Public bodies

No fee

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15
Q

Write a note on the health and social care professionals act 2005
(5)

A

Health and social care professionals council

Registration boards - 15 professions, 13 boards

Register to practice

Fitness to practice

Codes of conduct

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16
Q

What is negligence
(4)

A

Common law
Tort- must result in harm
‘Civil wrong’
Bad practice

17
Q

What is bad practice

A

Failure of a professional to use the degree of skill and learning commonly expected in that individuals profession, resulting in injury, loss or damage to the person receiving care

18
Q

What elements of negligence must be present in court
(4)

A

Duty of care
Breach of that duty
Causation
Damages

19
Q

What may happen if a member of a professional organisation is brought to court for negligence?

A

Some professional organisations cover public liablility and provide legal representation as part of membership

20
Q

What are the two types of defamation

A

Libel
Slander

21
Q

What is libel

A

A false published statement that is damaging to a person’s reputation; a written defamation

22
Q

What is slander?

A

The action or crime of making a false spoken statement damaging to a person’s reputation

23
Q

Who sets out professional conduct guidelines?

A

CORU
IBMS
HCPC

24
Q

When and why are code of conduct guidelines important?

A

One can be struck-off register for improper conduct

25
Q

What is the human tissue bill
(5)

A

Organ donation and transplantation

Hospital post-mortems

Anatomical examination (including medical education and training)

Public display of bodies after death

Builds on from the Private Members Bill. ‘Human Body Organs & Human Tissue Bill’ in 2008

26
Q

Who sets out guidelines on tissue retention
(3)

A

Professional, bioethics and research agencies set out guidelines

UK have legislation and guidelines in place

Mainly relate to post mortem and research

27
Q

What are some Irish guidelines relating to tissues
(2)

A

The Faculty of Pathology in the Royal College of Physicians in Ireland set out Guidelines for Post-Mortem, Consent and Retention of Samples 2000

The HSE sets out Standards and Recommended Practices for Post-Mortem Examination Services 2012

28
Q

What are some other organisations that provide guidelines on tissue samples
(2)

A

Royal College of Pathologists

The Institute of Biomedical Science

29
Q

What does the IBMS issue guidelines on?

A

The retention and storage of pathological records and archives

30
Q

When are guidelines used

A

In the absence of legislation

31
Q

Who develop guidelines?

A

Professionals/Organisations/Governing Bodies

32
Q

Where are guidelines used

A

Bioethics and research
In quality control
By laboratory management

33
Q

Who is in charge of ethics in Ireland?

A

The Irish Council for Bioethics

34
Q

What legislation is their for ethics in Ireland?

A

Human Biological Material: Recommendations for Collection, Use and Storage in Research (2005)

35
Q

What does the Human Biological Material: Recommendations for Collection, Use and Storage in Research (2005) manage?
(6)

A

Uses of Human Biological Material
Consent
Archival
Commercialism
Confidentiality and privacy
Management of material

36
Q

What act is in charge of garda vetting?

A

The National Vetting Bureau (Children and Vulnerable Persons) Act 2012-2016

37
Q

What is garda vetting
(2)

A

The statutory basis for the vetting of persons carrying out relevant work with children or vulnerable persons

The relevant organisation shall not permit any person to undertake relevant work or activities on behalf of the organisation, unless the organisation receives a vetting disclosure from the National Vetting Bureau in respect of that person

2.1 Professional Practice (10 decks)

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