law impacting pt Flashcards
FSBPT
federation of state boards of physical therapy
has model practice act
what are the three levels of regulation?
registration
certification
licensure
are apta position statements legally binding?
no, they are just opinions, however, they could be used as citation of “best practices” in a lawsuit
what are the levels of supervision?
general-doesn’t need to be onsite, at least available by phone
direct- on site
direct personal- directly supervising in close prox
what are the three levels of apta opinions?
guidelines
positions
standards
what is the licensing exam?
NPTE- national phys therapy exam
what are the laws impacting pta practice?
statuatory laws if criminal
civil laws if malpractice
licensing board if violation of practice act
apta if ethical violation
administrative laws (rules/regs of govt agencies-cms, osha, cdc)
what are the 4 elements for malpractice?
legal duty of care was owed
that duty was violated/breeched
breech of duty caused injury to plaintiff
plainiff suffered recognizable damages
what is a breech of duty?
doing something you shouldn’t have or not doing something you should have
what is negligence?
failure to perform at minimally acceptable level
assault
fear or anticipation of being harmed through the applicaiton of force or unwanted physical contact
battery
actual impermissible application of physical force or contact
fraud
knowingly misrepresenting the truth or concealing facts to the detriment of another
sexual misconduct
sexual harassment
sm: any sexual contact btw pat and health care prov
sh: unwelcome sexual behavior between employees
false imprisonment
intentionally doing something to restrict a pats movement
- forcing them to do an intervention
- refusing to allow them to discharge ama
- preventing them from leaving a clinic
