Laws, Regulations and Ethics Flashcards
RMTS practice _____ ________, which essentially means they are in charge of themselves
self governance
the role of the ______ is to protect the public by setting entry to practice exams to be allowed to use the titles RMT & massage therapist
CMTO
T/F the CMTO sets standards of practice and has the power to investigate complaints from the public to enforce laws and regulations with disciplinary actions
true
T/F the government funds the CMTO
false, RMTs self fund the CMTO
the term they use to represent bodies/groups of colleagues
college
separate from the regulatory role of the CMTO there is a professional association known as the _____
RMTAO (registered massage therapist association of ontario)
The practice of massage therapy is the assessment of the soft tissue and joints of the body and the treatment and prevention of physical dysfunction and pain of the soft tissues and joints by manipulation to develop, maintain, rehab, or augment physical function or relieve pain - this long ass paragraph entails the RMT _________ ___ _________
scope of practice
the _______ should be composed of at least 6 (at most 9) members elected with the by-laws and at least 5 (At most 8) people appointed by the lieutenant governor in the council who are NOT members, or members of another regulated health profession
council
the council shall have a _________ and a ____ _______ who shall be elected annually by the council from among the council’s members
president and vice president
“massage therapist” or “registered massage therapist” are considers __________ titles
restricted
the council must be made up of ____ RMTs and up to ____ non-RMT public members
9 RMTs
8 Non RMTs
T/F public members always make up slightly less than half the council that governs RMTs
true
the RMTs on the council are elected to ______ year terms by RMTs in different regions of the province
three
how many three-year terms may an RMT serve?
three
T/F RMTs are elected by geographical regions therefore they represent those regions
false
non-RMT members of council serve _____ or _____ three year terms
one or two
non-RMT council members are appointed by the ________
government
the _______ is like the CEO or executive director of the CMTO, they are appointed by the council and are the keeper of the register
registrar
the _________ is the database of all the RMTs past and present in Ontario
register
there are two types of CMTO membership (registration) for RMTs __________ and __________
general and inactive
which membership best describes the following
- can practice as an RMT
- maintains professional liability insurance
- pays the annual registration fee
- performs 500 hours of patient care every three years
- fulfill your quality assurance obligations
General
which membership best describes the following?
- still an RMT but cannot practice in Ontario
- no need to maintain professional liability insurance
- you pay a reduced annual registration fee
inactive
T/F you can remain inactive for up to 20 years
false, 17 years
T/F if you are inactive for more than 3 years you will be required to “refresh” before being allowed to return to general status
true
T/F while inactive you can only massage as a volunteer
false
T/F inactive status means you can massage under the table and charge money without having to issue receipts
false
other types of status that show up on the CMTO register include _________ and __________
suspended and revoked
T/F if the reason for revocation is a finding of sexual abuse, the minimum time-out is five years
true
T/F if you are found guilty of sexual abuse and have your registration revoked, you will likely need to begin massage school all over again because most remediation options seem to only apply for three years
true
the registration year for RMTs runs _________ 1st to __________ 31st, however, registration fees are due November 1st of the year before
January 1st
December 31st
_________ _____ are medical activities that cannot be performed by members of the public. Only some health professionals can do these things
controlled acts
the three things that fall under “Sexual abuse” of a patient by a member include _________, _________ or __________
intercourse, touching, remarks
T/F it is sexual abuse if you have your spouse or sexual partner as an official patient
true
the CMTO has a _____ __________ policy of any form of abuse including sexual abuse of patients by massage therapists
zero tolerance
abuse can be _______,_______,_________,________ or_________
verbal, physical, emotional,financial or sexual
T/F sex between therapist and patient can never be consensual, and the result for this is a finding of sexual abuse
true
an ___________ must not contain anything that is false, misleading or deceptive, factual info a member cannot verify or any comparison to another practice or member that may be reasonably regarded as a representation of superiority over another practice or member
advertisement
T/F RMTs can have testimonials on their website
false.
T/F RMTs can claim they hold a certificate of registration issued by the college indicating a specialty in the profession
false
RMTs are required to keep four types of records, _______ __________ record, ____________ _________ record, _________ ________ and __________ ________ records
daily appointment record
equipment service record
financial record
client health records
a daily appointment record shall be kept that sets out the ________ of each client who the member examines or treats and the ______ of the appointment
name
times
an ___________ _________ record shall be kept that sets out the servicing of equipment used to examine or treat clients or to render any service to clients
equipment service
a __________ record shall be kept for each client, these records must contain the particulars of the treatment, the fee charged for the service, and a copy or record of the receipt issued for payment of the services
financial
a _______ ________ record shall be kept for each client, this record must include the client’s name and address, the date, time, and duration of each visit, the name and address of a primary care physician etc (anything that’s on a health history form)
client health record
T/F a client health record must contain a copy of any treatment plan, written consent and particulars of any fee or other amount charged
true
every client health record shall be retained for at least ____ years following the clients last visit OR their 18th birthday
10
T/F a member must ensure that any destruction of a client health record is done in such a way as to maintain client confidentiality
true
in addition to the client health record, RMTs must also adhere to the CMTO standards of practice regarding taking a _______ _________ from a client
health history
it is an act of ____________ _________ for the purposes of clause 51 (1) (c) of the Health Professions Procedural Code for a member to fail to provide copies of a patient health record for which the member has primary responsibility as required by this section
professional misconduct
T/F it is not an act of professional misconduct under subsection (1) for a member to refuse to provide copies from a client health record until the member is paid a reasonable fee
true
T/F if the client is dead, the member must send health records to the patient’s legal representative upon written request
true
T/F the certificate must be displayed at your primary place of practice
true
the CMTO has a rule against RMTs making _________ of their credentials.
photocopies
its an act of _________ __________ to copy your registration certificate
professional misconduct
T/F if a complaint is being made on someone else’s behalf, that persons permission is required
false
complaints must be in _______, video taped or some sort of permanent medium (not email) and cannot be anonymous
writing
_____________ is protected for both parties when it comes to lodging a complaint
confidentiality
complaints go to the ___________
registrar
an RMT has ____ days to respond to a complaint
30
____________; incapable, mentally or physically
incapacity
____________= not competent
incompetent
__________; unprofessional conduct by an RMT
misconduct
the ICR committee is responsible for determining whether or not an RMTs services were _____________ and __________ rendered
professionally and competently rendered
T/F like the CMTO the ICRC is made up of public and professional members
true
an __________ may be appointed in the ICRC to perform site visits and interviews
investigator
the ICRC is required to consider the RMTs entire priory history; looking for __________or _______
patterns or trends
the ICRC is supposed to dispose of complaints within ____ days
150
when resolving a complaint the ICRC can do which of the following?
a) refer the RMT to the discipline committee for action if there are sufficient grounds for a charge of professional misconduct or incompetence
b) refer the RMT to a different panel of ICRC for further investigation if there is sufficient physical or mental incapacity
c) Require the member to appear before a panel of the ICRC to be cautioned
d) all of the above
d) all of the above
T/F both the complainant and the RMT will receive a written copy of the decision made in terms of a complaint
true
either party has the right to appeal the decision within _____ days unless the decision is to refer the matter to the discipline committee OR if the referral is due to _________ issues
30 days, incapacity issues
T/F RMTs may also be investigated by ICRC other than through the complaints process
true
the __________ can instigate an investigation of an RMT (if approved by the ICRC) if the college received information that an RMT might be behaving unprofessionally
registrar
the information received by the college in regard to an investigation must be ___________ and ________
reasonable and probable
“reasonable and probable” means the investigation must not be based on __________ or ___________
hearsay or suspicion
T/F there is no time limit or obligation for a registrar investigation to be concluded
true
the three things an RMT may be referred to the discipline or another committee for include ________, _________ and __________
misconduct, incompetence and incapacity
the ICRC’s primary role is to investigate suggestions of ___________ and __________
misconduct and incompetence
if an RMT appears to be physically or mentally incapable, this will be handled by a ___________ _______
separate panel
T/F the ICRC will meet with the RMT but cannot gather information from colleagues, employers or patients
false
T/F ICRC may suspend the RMTs registration while the investigation is proceeding, for example to await the outcome of physical or mental examinations
true
in cases of incapacity, the ___________ to practice committee may also be involved
fitness to practice
the __________ dispute resolution (ADR) is a voluntary and confidential program offered by the college for the resolution of some complaints
alternative
T/F the ADR is suitable for all complaints
false
usually, a discipline process is initiated as a result of a decision by the _______
ICRC
the discipline committee is made up of ________ and __________ members
public and professional
during the discipline process, comprehensive disclosure of evidence by all parties is required at least ____ days in advance of the hearing
10
when an RMT is guilty of __________ the penalty includes; revoked registration, suspended registration and or impose terms or conditions & limitations on the RMTs registration
incompetence
when an RMT is found guilty of __________ ________, one or more of the following will be a part of the discipline process
reprimand
place a record of reprimand on the register
fines up to 35k
RMT may be required to pay for the patient (SA findings)
etc
professional misconduct
T/F findings are published in the CMTOs Annual Report. The RMTs name is included if guilty
true
T/F touching of “sexual nature” does not include touching or conduct of a clinical nature appropriate to the service provided
true
the three descriptions of sexual abuse include _______ _________, ___________ and ____________
sexual intercourse, touching and remarks
T/F if an RMT has reasonable grounds to suspect that a member of any regulated health profession might have sexually abused a patient, then the RMT might be obliged to file a report to the registrar of the relevant college
true
T/F if the name of the healthcare provided who commits sexual assault (or any assault) is unknown, the report does NOT need to be filed
true
T/F when reporting abuse, the patient’s name is mandatory
false, it is preferred
T/F when reporting abuse, the patient’s name can only be included if they provide written consent
true
T/F the obligation to report remains even if they patient does not want the matter raised, but the patient’s name cannot be used without written consent
true
T/F RMTs are required to self-report when they have been assigned a speeding ticket, parking ticket or another ticket able provincial or municipal offense
true
members are required to file a report with the college if there has been a professional __________ or malpractice made against them by a court
negligence
employers, partners or associates are required to advise the college registrar when they _________ the employment or association with a healthcare professional for reasons of professional misconduct, incompetency, or incapacity
terminate
T/F an RMT shall not provide treatment is consent has not been obtained
true
an RMT can obtain consent from the patient OR if incapable, their ___________ __________ maker
substitute decision
if the patient can understand info relevant to making a decision about the treatment AND understands the risks and benefits of the treatment they are deemed __________
capable
T/F capability can come and go - a patient may be capable sometimes but not at other times
true
T/F there is no age limit on capacity to decide in healthcare in Ontario
true
the following describes ___________ consent
- patient receiving the information received what a reasonable person would require to make a decision about treatment
- the person receives answers to requests for additional information
informed consent
the following describes _____________ to make a decision regarding treatment
- the nature of the treatment
- expected benefits of treatment
- material risks of treatment
- material side effects of treatment
- alternative courses of action
- likely consequences of not having treatment
information
T/F the patient has to actually say that they consent. It doesn’t have to be written as we write it in their file but it DOES need to be expressed by them
true
what are the areas on the sensitive areas consent form?
ant chest wall, glutes, breasts/breast tissue, inner thigh
for the gluteal region, the signed consent form is only needed at the start of a ___________ __________, after that - verbal consent is sufficient at subsequent treatments within that treatment plan for glutes
treatment plan
for the other 3 sensitive regions you must get SIGNED consent at _________ _________ ___________
every single appointment
in most cases of substitute decision-makers, the therapist will speak with the family to determine the _______ _________ individual to make treatment decisions for the patient
highest ranking
the _______ ________ committee has the task of administering the QAP
quality assurance (program)
by law (the RHPA) every regulated health profession must have a _____
QAP
the three QAP components consist of
- -
self-assessment, a continuing ed program and peer assessment
the CMTO QAP program is called _________
STRiVE
the STRiVE components must be complete in the ______-______ time frame each year
Sept-Nov
failure to complete the STRiVE requirements will result in some kind of ____________ by the CMTO
intervention
T/F you can get the STRiVE e-learning module questions wrong an unlimited amount of times without penalty
true
the ______ ____________ portion of STRiVE consists of 15 sections of self examination on “career-span competencies”
self assessment
T/F the self assessment portion is done once every two years between sept and nov
true
T/F the self assessment portion is not monitored, it is between you, your laptop and your god
true
after the self-assessment portion, RMTs are prompted to create a __________ _______
learning plan
T/F learning plans must have a minimum of two learning goals and they must relate to one of the learning competencies AND have two learning activities per goal
true
every march, all Ontario RMTs will be sent a ________ ______ link, containing a screening questionnaire about their practice and a ______ about three to four standards of practice
practice profile, quiz
if you fail the practice profile the CMTO will schedule a _______ ________ to determine if you really know what you need to know
phone interview
T/F you may be selected for a peer assessment if you have a previous peer assessment with some problems and you are being re-assessed AND/OR if you are being investigated for some reason and problems show up that indicates a peer assessment is worthwhile
true
