Jurisprudence Flashcards
AODA
Accessibility for Ontarians with Disabilities Act
Intention of this standard is to achieve accessibility for Ontarians with disabilities by 2025
CFSA
Child and Family Services Act
HCCA
Health Care Consent Act
PHIPA
Personal Health Information Protection Act
PIPEDA
Personal Information Protection and Electronic Documents Act
RHPA
Regulated Health Professions Act
CAS
Children’s Aid Soceity
CCB
Consent and Capacity Board
HPARB
Health Professions Appeal and Review Board
ICRC
Inquires, Complaints and Reports Committee
SDM
Substitute Decision Maker
Reasons why a profession is different than a business
Must be honest to clients
Duty to provide good service to clients
Duty to inform patients on what they are going to do as well as ask for consent before doing so
Duty to other members of the profession
What are professional duties of a kinesiologist?
a) Provide honesty, information and good service, along with requiring consent from clients
b) work well alongside other kinesiologists as well as coordinating with other professions
c) work with the regulatory college to protect the public from dishonest and imcompotent kinesiologists
d) all the above
d)
What does self-regulation mean in the COKO
The ontario government has made a statute (an Act) giving the duty of regulating the profession to a separate body (the college) the majority of whose council is elected by the profession
What is the role of the College?
Serve the best interest of the public, not for the profession
What is the purpose of the Code of Ethics
Set out goals or ideals that kinesiologists try to follow
How is the code of Ethics enforced
NOT enforced though the discipline process
Role is to guide and encourage the kinesiologist
What does Professional Standards refer to
the way in which kinesiologists perform their practice
What is Professional Misconduct
Conduct that falls below the minimum expectations of a safe and ethical kinesiologist
How is Professional Misconduct enforced
Disciplinary proceedings
Incompetence vs Incapacity
Incompetence: displaying a lack of knowledge , skill or judgement
Incapacity: health condition preventing a kinesiologist from practicing safely
What is the consequence for incompetence
Investigated by the college (ICRC) and results in a disciplinary hearing - restrictions, suspension or revoking of registration
What is the consequence for incapacity
Fitness to Practice Committee determines the need for: medical treatment, monitoring, restrictions (and in extreme cases) suspension or revoking of registration
What does informed consent include
Fully informed patient - all side-effects, risks, and effects of doing nothing
Voluntary
Related to the reason of treatment/service - Specific!
No fraud or misrepresentation
Documented
What is informed consent required for
Assessment Involve of other care providers Treatment/Intervention Changes to treatment/intervention Costs & Billing
How can a patient be fully informed
Nature Who Why Alternatives Doing nothing Particular patient concerns
When would a kinesiologist have to make a report to Children’s Aid Society (CAS)
Child is been or at risk of harm
Failure for care taker to provide consent to services/treatments
Abandonment
Failure to supervise a child
Child has injured another person/damaged property
Long-Term Care Homes Act
Zero tolerance policy for neglect and abuse
When would a kinesiologist have to make a report to Ministry of Health and Long-Term Care
Improper/incompetent treatment of a resident resulting in harm or risk or harm
Abuse of a resident by anyone
Neglect of a resident by staff that resulted in harm or risk of harm
Unlawful conduct that resulted in harm or risk of harm
Misuse or misappropriation of resident’s money
Misuse/misappropriation of funding provided to a long-term care home
What is the fine for a kinesiologist for failing to report abuse/neglect of residents in a long term care home
25,000
What does the Human Rights Code require from Kinesiologists
treat patients/clients, potential patients/clients, employees, and others equally, regardless of the person’s race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status or disability
What occurs when a kinesiologist has violated the Human Rights Code
complaint is made to the Human Rights Tribunal of Ontario
Human Rights Tribunal of Ontario can require them to pay damages and take action - training, implementing a human rights policy
What are the duties of a kinesiologist according to the Human Right Code
Duty not to discriminate
Duty to accommodate
Who does the AODA standards apply to
Apply only to persons and organizations with at least ONE employee in Ontario
This does not include a sole proprietor or a group of persons in a partnership - since they are not considered employees
BUT if a kinesiologist is incorporated as a business, they may be considered an employee of the corporation
Organizations with less than 20 employees, AODA requires:
Implement policies, practices and procedures regarding the provision of goods and services to person with disabilities
Permit service animals and support persons
Provide reasonable notice of any temporary disruptions to accessibility features
Train employees with AODA, how to interact with persons with disabilities, how to use accessibility equipment
Receive and respond to feedback about accessibility and make the information available
What are the additional AODA requirements for
organizations with 20 or more employees
Putting policies, practices and procedures in writing and making them available via request, filing publically-available accessibility reports, and keeping records of the training that has been provided
What does the Integrated Standard require for organizations with fewer than 50 employees
Creation and implementation of policies, practices and procedures regarding how the organization will meet the Integrated Standard
Training of all employees, volunteers and others on the Integrated Standard and the Human Rights Code
What does the Information and Communication Standard require
Organizations need to ensure that information available to the public and the organization’s communications with the public are accessible, or can be made accessible
What does the Integrated Standard require for organizations with 50 or more employees
Additional standards including ensuring websites are compliant with web accessibility standards and filing accessibility reports
On what grounds does a facility operator have to report during an employee termination
Incompetency or incapacity
Does not need to report in regards to professional misconduct (except with sexual abuse)
On what grounds does a kinesiology have to report termination of a business relationship with another health care provider
Incompetency
Incapacity
Engaged in professional misconduct
Report must be made in writing to the Registrar of the College that regulates the other health care provider within 30 days of ending the relationship
Does a report need to be made if the business relationship with the health care provider did not end
Yes, a kinesiologist must report any reasonable grounds to believe that another health care provider is incompetent or incapacitated
Report must be made with 30 days of receiving the information
Forms of Energy
Aversive conditioning Cardiac Pacemaker Therapy Cardioversion Defibrillation Electrocoagulation Electroconvulsive shock therapy Electromyography Fulguration Nerve conduction studies Transcutaneous cardiac pacing
If a health care provider published a misleading advertisement, is it a kinesiologists duty to report
No, duty to report does not apply if the person just committed professional misconduct
Restrictions for professional corporations
Only kinesiologists can hold shares
Officers and directors must be shareholders
Include ‘Professional Corporation’
Cannot include #’s
Can only practice the specific profession
Naming restrictions for a professional corporation
Must contain the surname of at least one shareholder
Indicate the name of the member’s health profession - Kinesiology
“Professional Corporation”
What does a 0 represent on Manual Muscle Testing
No contraction felt in the muscle
What does a 1 represent on Manual Muscle Testing
No movement but a minor contraction is felt in the muscle
What does a 2 represent on Manual Muscle Testing
Movement without gravity
What does a 3 represent on Manual Muscle Testing
Movement against gravity
What does a 4 represent on Manual Muscle Testing
Movement against gravity with mild resistance
What does a 5 represent on Manual Muscle Testing
Movement against gravity with maximal resistance
What is good VO2 max for a male 20-29
55-50
What is goodVO2 max for a female 20-29
44-40
What is goodVO2 max for a male 30-39
32-36
What is good VO2 max for a female 30-39
32-37
What is good VO2 max for a male 40-49
40-45
What is good VO2 max for a female 40-49
28-32
What is good VO2 max for male 50-59
35-39
What is good VO2 max for female 50-59
25-27
What is good VO2 max for male 60-69
30-34
What is good VO2 max for female 60-69
21-23
