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Cdn Health Care > law and health care > Flashcards

law and health care Flashcards

1
Q

charter of rights and freedoms

A

guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society

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2
Q

constitutional law

A

charter of rights and freedoms

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3
Q

statutory law

A

passed in parliment, federal example: immigration, taxation

provincial example: education, family, health care

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4
Q

regulatory law

A

subordinate legislation
not passed in parliament or legislature
delegated department or group of people create regulations that are legally binding
authority/ responsibility to create regulations is assigned through an act
act must be clearly outline authority to implement regulations

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5
Q

common law

A

all provinces/ territories except Quebec:
not established within legislature or formally written, results form decisions of the courts- case law
may govern in federal court of canada

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6
Q

civil law

A

quebec only:
based on the french code napoleon
relies heavily on written law, judges often refer to previous decisions and interpret written law

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7
Q

law classifications

A

public and private

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8
Q

public law

A

matters w individual and society as a whole, criminal, tax, constitutional, admin., human rights
may vary within jurisdiction

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9
Q

private law

A

matters concerning relationship between people or legal entities, contract, property, inheritence, family, tort etc.

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10
Q

tort

A

occurs when one person or that person property is wronged or harmed by another either unintentional and intentional

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11
Q

unintentional tort

A

the act caused physical or emotional injury or property damage, but was not deliberate (human error, misjudgement, negligence)

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12
Q

intentional

A

harmful act is deliberate (physical aggression, forcing unwanted care)

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13
Q

negligence

A

may be malpractice or professional misconduct, occurs when a health care provider unintentionally fails to meet the standards of care required of their profession, when duty of care owed to a person is not completed

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14
Q

duty of care

A

starts as soon as a professional relationship begins
professional standards, HCPs held more accountable, will face litigation if duty was proven not fulfilled, facilities can be help responsible for substandard care, standard must be met by all members of professional association

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15
Q

standard of competency

A

reasonable person possessing the required competencies is expected to meet

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16
Q

contract law

A

private agreement generally enforceable by the courts, provided agreement does not violate other governing law or is otherwise illegal in purpose

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17
Q

breach of contract

A

when one of the parties fails to meet terms of agreement

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18
Q

criminal law

A

federal legislation with few expectations, CRIMINAL CODE OF CANADA, crimes against people/ property and those deemed intolerable with society, must be proven guilty

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19
Q

guilt

A

performance of wrongful act with wrongful intent

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20
Q

strategies to avoid legal problems

A

facilities require criminal record checks, work within your scope, know policies and procedures, documentation, never provide substandard care, advocate, liability insurance, incident report, if harassed seek guidance, dont ignore unethical or illegal activities, dont get involved in illegal or unethical activites, adhere to privacy and confidentiality

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21
Q

government jurisdiction

A

authority over specific desginated geographic and legislative areas, possess the right to draft, pass and enact laws within its area of authority

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22
Q

federal jurisdiction

A

enforced CHA, provide financial support to prov or terr, specific populations

23
Q

provincial jurisdiction

A

health care, hospitals, long term care etc.

24
Q

federal laws and regulations

A

oversee certain components of health care activity covered under the criminal code, can establish prohibitions and penalties when violations occur, authority to pass legislation to over-ride prov/ter enactment of emerg power and matter of national concern

25
Q

canadian centre for occupational health and safety (CCOHS)

A

14 jurisdictions

each jurisdiction has own OHS legislation that applies ONLY to their jurisdiction

26
Q

Federal gov OHS

A

labour affairs for employees of federal gov and federal corporations, occupations that cross jurisdictionsl linrd, federal public service

27
Q

occupational health and safety legislation

A

the right to be aware of potential safety and health hazards, right to take part in activities aimed at preventing occupational accidents and diseases, right to refuse to engage in dangerous work

28
Q

workers compensation board

A

works directly with CCOHS, assists in injured employees, legislation is prov/ ter

29
Q

Workplace Hazardous Materials Information System (WHMIS)

A

overseen by CCOHS, applies to all canadian workplaces, enforced federally and provincially

30
Q

controlled drug and substances act

A

categories of drugs called schedules, drugs grouped according to its properties and potential for harm

31
Q

dispensing controlled drugs

A

more jurisdiction require double lock, most hospitals controlled drugs are electronically dispensed, each dose recorded, may be dispensed by RN or LPN

32
Q

prescribing controlled drugs

A

only for legal, therapeutic purposes, be alert ot potential drug seeking behaviours, prescribing of narcotics, combined provincial federal and territorial legislation, common misused drugs: opioids, benzodiapines, have addictive properties and are often sole illegally

33
Q

opioid crisis

A

high number opioid related overdoses and deaths in canada, joint action between all levels of govt, goal to improve treatment, prevention, and harm reduction strategies,

34
Q

prescription drug safety

A

watch for repeat requests from unfamiliar patients, if presciber suspects misuse, should take action (treatment w another medication/ report it)
if prescribed too liberally, may be reviewed
must keep detailed records
patients must present original signed prescription to pharmacy

35
Q

Cannabis in Canada

A

recreational cannabis legalized, shared responsibility between fed and prov
cannabis act covers production, distribution, sale and possession
policies for procedures for medical use remain unchanged
penalties especially for youth distribution

36
Q

Federal role in cannabis

A

determines type and size of products to be sold
approves packaging and advertising
potency (ratio of CBD to THC) in products

37
Q

Provincial and territorial govt role in cannabis

A

differences in regulation among provinces and territories
license and regulate distribution and sale
determine minimum age for purchase
sets limits for personal possession
rules for home-grown cannabis

38
Q

Prescribing medical cannabis

A

physicians can prescribe, many refer to cannabis clinics for assessment and treatment
some clinics require a referral from primary care provider
prescribers must adhere to practice guidelines by regulatory body and federal/provincial/territorial law
patients must be screened for suitability and risk factors
monitoring for therapeutic response and sensitivity
medical marijuana clinics may be owned by province or private

39
Q

Advertising

A

Food & Drugs Act strictly controls advertising of prescription drugs
2 conditions:
Reminder advertisements—name of drug but not its indications
Disease-oriented ads—discuss illness and suggest contacting physician for medication options

40
Q

emergency power: Health Canada

A

federal government has power to enact laws to manage health related emergencies
example: SARS epidemic, West Nile virus, avian influenza
recent experiences made changes to the Quarantine Act necessary
global society
air travel
import/export food items

41
Q

Quarantine Act

A

complements International Health Regulations
better prepare authorities to deal with threats and risks to global public health
Federal government can:
divert aircraft or cruise ships to alternative landing or docking sites
designate quarantine facilities anywhere in Canada
restrict or even prohibit travellers, who represent serious public health risk, from entering Canada
environmental health officers & screening officers

42
Q

International Health Regulations (IHR)

A

strategies to prevent global outbreaks of infectious diseases to minimize disruption to world economy
provides ways to identify global public health emergency and outline measures for quick gathering and distributing information and global warnings

43
Q

health care as a right: Canada Health act

A

all jurisdictions are expected to abide
all jurisdictions do comply=health care is a legal right
limited by principles and conditions of CHA
interpretation of CHA leads to variances in its application b/w jurisdictions

44
Q

Health care as a right: Canadian Constitution

A

jurisdictional divisions of power mean Federal government cannot legally force
Federal government can leverage funding power

45
Q

health care as a right: medically necessary

A

Canadians are to be insured for health care that is deemed to be medically necessary by providers for their health and well-being.
decreasing financial & human resources impact the interpretation
strained resources=long wait times
some Canadians have turned to the Charter of Rights and Freedoms to gain access

46
Q

Health care as a right: Canadian Charter of Rights and Freedoms

A

guarantees certain rights and freedoms
does not specify health care
demands health care be provided to all persons equally and fairly
sections challenged with regards to health care:
Section 7—everyone has the right to fair assessment but this right does not guarantee access to specific services
Section 15—equality; individual must prove discrimination

47
Q

Advanced Care Directives

A

instructions outlining wishes regarding health care decisions when no longer able to speak for self
prepared by individual at least 16 years old and mentally competent
must be honoured by hcps
physicians can disregard decisions of patient’s substitute decision maker if decision is made against patient’s wishes

48
Q

Instructional advanced care directives

A

specific or general

specific instructions are detailed and explicit outlining individual’s wishes

49
Q

Proxy advanced care directive

A

general instructions include principles to be followed

decision maker has power to make decisions on a situational basis

50
Q

Medical Assistance in Dying (MAID)

A

legalized in 2016,
provincial & territorial variances
interpretation and application of law
related training for physicians/nurse practitioners
application and approval process
protocols leading up to and actual procedure
anticipated challenges
criteria of ‘sound mind’ and advanced decision making for people with dementia

51
Q

types of MAID

A

physician or NP may administer lethal medication OR self administration of prescribed medication
clients choice

52
Q

MAID eligibility

A

> 18 years and mentally competent
valid health care in residing province, serious illness, disability or irreversible condition and ALL of the following : later stages of decline w no hope of reversing, experiencing unbearable mental or physical main that cannot be alleviated, death is reasonably foreseeable

53
Q

condition of eligibility MAID

A

request must be witnessed by competent adult
person cannot be involved in applicant’s circle of care, or benefit from applicant’s death in any way
physician/np must agree applicant meets criteria within jurisdiction; then this is confirmed by an independent MD/NP

54
Q

consent for MAID

A

informed
applicant must be competent
understands all available options that have not been tried to manage illness
psychiatric consult may be requested
all details of procedure must be understood
consent form signed when request is made and again at time of procedure
specified time frame from date of initial consent
consent may be withdrawn at any time

Cdn Health Care (4 decks)

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