EMS Legislation Flashcards
The Ambulance Act covers responsibilities of who and what kind of responsibilities?
1) MOH - regarding administration, funding, and enforcement of the legislation of provision of ambulance services
2) upper-tier municipalities & other agents who operate daily amulance services
The only act protecting paramedics is which act?
Ambulance Act (because no regulatory college)
The definition of “paramedic” and certifications/controlled acts with necessary qualifications are defined in which act?
Ambulance Act
Define paramedic
1) employed by or volunteer for an ambulance service who has the qualifications (AEMCA)
2) authorized to perform one or more controlled acts under authority of base hospital medical director
3) and NOT a physician, nurse, or other HCP that attends the call for an ambulance
What are the standards of care as per the Ambulance Act (there are 4)
1) BLS PCS - for all paramedics
2) ALS PCS - for ACPs or CCPs
3) Patient Care Model Standards - additional patient care standards
4) Patient Care and Transport Standards - additional patient care standards
How does the Health Care Consent Act enhance autonomy of persons who are receiving treatment (3 points)
1) Allowing incapable persons to apply to the Consent and Capacity Board for review of the finding
2) allowing incapable persons to request a representative to be apponited by the Board to assist with decision making re: treatment
3) Requiring adherence to treatment wishes expressed by persons while capable at 16+ years old (i.e. if 16 y.o. was capable and had DNR and is now 40 and incapable, you grant their wishes re: treatment that were expressed when they were 16 and capable)
What are the four patient care models within the Patient Care Model Standards? These were new amendments to the Ambulance Act.
1) Alternate Destination Transport
2) Treat and Release (on scene)
3) Treatment and refer to alternate health care provider (HCP)
4) Low acuity patients to be referred to appropriate community care during 911 call
According to the Health Care Consent Act, a health practitioner is allowed to administer treatment when they obtain consent in one of the two ways:
1) Patient is capable + consent received
2) Patient is incapable so consented received from SDM
True or False: When someone who is incapable becomes capable and withdraws consent, you are allowed to continue providing treatment because they initially consented.
FALSE - consent is a fluid process so you need to stop ok
True or False: Health Care Providers (HCPs) are allowed to rely on someone’s assertion that they are someone’s SDM (don’t need verification of their status as SDM)
True
List the SDM hierarchy (highest to lowest)
Legally appointed:
1) Court appointed guardian
2) POA
3) Rep appointed by Consent and Capacity Board
Automatic family member SDMs:
1) Spouse/Partner
2) Parent or children
3) Parent with right of access only
4) Siblings
5) Any ofther relatives
Last resort:
1) PG&T
True or False: SDM has more power than the patient themselves (if patient is capable) since SDM has already been appointed
FALSE - If patient is capable, SDMs don’t apply so obtain consent and discuss treatment related decisions with patient directly
Requirements to be an SDM
- Willing to be SDM and make decisions re: treatment
- be available in person, phone or electronic communication
- must be capable of understanding treatment and care being provided, and the consequences of consenting/refusing tx
- be at least 16 y.o (unless parent of incapable person)
- Not prohibited by court order/separation agreement from acting as SDM
What does PHIPA stand for?
Personal Health Information Protection Act (2004)
True or False: The Act presumes that everyone has such capacity (i.e. able to understand tx information and foreseeable consequences of a decision/lack of decision)
True
Rules related to PHIPA apply to who?
Health Information Custodians (HICs) and those that receive personal health information
What is the overall purpose of PHIPA?
To protect patients and their health information by setting out rules regarding collection, use, and disclosure of personal health information
Give 3 reasons as to why personal health information would be shared?
1) Patient care and treatment
2) Health research
3) Managing publicly funded health care system
(obviously you would be asking for consent!)
True or False: A plan of service for individuals requiring long term care is not considered personal health information
False
True or False: ANY information about an individual that is included in a record that contains personal health information is also included as personal health information
True
True or False: Donation of body parts/bodily substances and related tests is considered personal health information
True
True or False: Consent under PHIPA can be expressed/implied. Why or why not?
True - ex. disclosing information from one health information custodian to another (such as paramedic to hospital staff) allows for providing health care in a more seamless manner (unless consent is specifically withdrawn/withheld)
Which of the following is not an offence under PHIPA?
1) To wilfully obstruct the Commissioner
2) Dispose of a record with the intent to evade an access request
3) Dispose of a record in a manner that is secure
4) Collect, use or disclose the health card # in a manner that is not consistent with rules that apply to persons who are not custodians
3) Dispose of a record in a manner that is secure (it’s only an offence if you throw personal health information into the garbage for example, and it’s not secure)
Individuals may be fined up to __________ and organizations may be fined up to ________ if they are found guilty based on the offence
Individuals: $50 000
Organizations: $250 000
What does the RHPA stand for?
Regulated Health Professions Act (1991)
Why does the RHPA pertain to paramedics?
Paramedics are indirectly affected as the Act outlines delegation of medical acts (that allows paramedics to perform controlled acts)
What are controlled acts?
Procedures which may pose a risk to the public if not performed by a qualified practitioner
Give 5 examples of regulated health professionals that PARAMEDICS will encounter.
1) Physicians
2) Nurses
3) Midwives
4) Respiratory Therapists
5) Occupational Therapists babbyyyyyy
True or False: According to the Regulated Health Professionals Standard in the BLS PCS, if a physician (regulated health professional) asks you as a paramedic to assist with care and delegates an act to you beyond what you are authorized to do, you are allowed to do so because it has been delegated by a physician.
False - listen to your base hospital doctor and only do what you are authorized to do regarding controlled acts by your base hospital doctor
What are the three things you must document on an ACR when patient care involves another regulated health profession?
The regulated health professional’s
1) name
2) what kind of professional they are
3) any care provided by them
True or False: One of the purposes of the Coroners Act is to ensure coroner’s inquest does not interfere with ongoing criminal investigations or trials
True
Who is the grandfather of Ontario’s EMS system?
Dr. Norman H McNally
What piece of legislation was the first to govern ambulance services in Ontario?
Ambulance Act (1975)
What is the purpose of the coroner’s inquest?
To investigate circumstances of a death to prevent future occurrences of similar circumstances
What is the purpose of a mandatory inquest?
To address deaths related to workplace accidents or while being detained/in custody (so if it’s sus, they investigate)
What are the three factors that are considered during a discretionary inquest (i.e. up to the coroner’s discretion to call for an inquest)?
1) Whether the answers to the 5 questions are known
2) Whether it is desirable for the public to have open and full hearing of the circumstances of the death
3) the need for preventative measures in the community
What does CFSA stand for?
Child and Family Services Act
Why do you, as a paramedic who suspects child abuse, have to report directly to CAS?
Because too many hands in the pot = bystander effect and then everyone assumes someone else did it (that’s a big no no)
What are the types of abuse/harm that a child may need protection from?
1) abandonment
2) inadequate care
3) sexual exploitation
4) sexual molestation
5) emotional harm
6) physical harm
1) and 2) fall under a pattern of neglect