Legal Flashcards

1
Q

DATA 2000 - WAIVER is now gone since

A

Consolidated Appropriations Act of 2023

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2
Q

42 CFR Part 2

A

OTPs/Methadone Clinics have special confidentiality requirements since 1970s and revised in 2020: prohibits unauthorized disclosures of pt records, prohibits use of pt record in criminal prosecution EXCEPT in med emergency, research/quality review, or by court order
*Limited OTP to PDMP information between OTP (clinic) and OBOT (outpt)

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3
Q

Medical Malpractice

A

4Ds = Duty, Derelict/Breach, Direct Cause, Damage

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4
Q

4 Core Principles of Ethics

A

Autonomy, Beneficence, Nonmaleficence, Justice

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5
Q

Res Ipsa Loquitur

A

the thing that speaks for itself = facts - damage - responsibility

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6
Q

Respondeat Superior

A

let the master answer = employer responsible for employees within scope of employment

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7
Q

HIPAA

A

requirement to obtain pt authorization except for tx, payment, required discloures unless - serious contagious disease, CPS, or serious threat

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8
Q

EMTALA

A

screen, stabilize requirement

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9
Q

Double Effect Doctrine

A

It is WRONG to intentionally harm to produce good (cause death as relief from suffering)
It is NOT WRONG to pursue a good result even if the action leads to unintended but foreseen harm (providing morphine to decrease suffering at EOL)

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10
Q

Harrison Act

A

1914, tax on alcohol and tobacco, and made illegal other drugs (heroin, cocaine, hallucinogens incl peyote) so illegal to sell/give made it illegal for doctors giving any as medications and led to a waterfall of repressive drug policies leading to heroin epidemic in 1960s and 2000s

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11
Q

Dole & Nyswander

A

1965 methadone study that use of this drug leads to decreased “narcotic hunger” and life improvement and led to more methadone research and FDA allowance for detox and maintenance

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12
Q

FDA approval of methadone for detox

A

1970

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13
Q

FDA approval of methadone for maintenance

A

1973

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14
Q

methadone tx criticisms of 1972 and their effect

A

criticisms of methadone tx at onset were: access concern to poison children, divergence, and iatrogenic addiction
these criticisms led to increased regulation: max daily dose, counseling req’t, age for tx, and req’t to have OUD x 12months prior to tx

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15
Q

Controlled Substances Act

A

1970 - Scheduled Medications established
limited ability to use RX opioids to tx MOUD

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16
Q

Narcotic Addiction Tx Act

A

1974 - amendment of 1970 original that defined detox and maintenance periods and revoked privileges - WAIVER became the requirement to RX opioids to tx MOUD

17
Q

SAMSHA became oversight for OTPs in USA

A

2001 - FDA handed this responsibility over to SAMSHA

18
Q

Schedule I - V

A

I - illegal, no medical use
II - most opiates, cocaine with 90 day max (most states 30 day max)
III - <90mg codeine dose, Tylenol #3, ketamine, anabolic steroids, testosterone, burprenorphine
IV - tramadol, soma, zolpidem, BZDs
V - <200mg codeine/100ml robitussin, lyrica, lomotil

19
Q

Schedule I

A

illegal drugs with no medical use and high risk of misuse

Marijuana, LSD, peyote, MDMA

20
Q

Schedule II

A

II - most opiates, cocaine
ex. hydrocodone, oxycodone, fentanyl, morphine

21
Q

Schedule III

A

buprenorphine, ketamine, Tylenol #3, anabolic steroids, testosterone

22
Q

Schedule IV

A

tramadol, BZDs. zolpidem, soma

23
Q

Schedule V

A

<200mg codeine/100ml, robitussin, lyrica, lomotil

24
Q

2016 CDC Guidelines

A

common opioid-related adverse events, mainly limit BZDs, utilize PDMP, offer or refer for MAT, more caution with methadone
*in 2019 revised to say that “guidelines should not be applied generically and need to be individualized”

25
Q

Benjamin Rush, MD

A

1784 published Inquiry into the Effects of Ardent Spirits on the Human Mind and Body
established “sober house” and concluded abstinence was only cure since alcohol caused alcoholism and linked intoxication and loss of control

26
Q

The Washingtonians

A

faith-based change social network with public stories as center of idea, 1840-1855

27
Q

The Salvation Army

A

1865 to current, largest addiction tx system in the world

28
Q

The Keeley League

A

1879, 1st franchised, prive, for-profit add tx system, gave toxic medications + non-med tx modalities

29
Q

Prohibition

A

1919-1933

30
Q

Hazelden and Minnesota Model

A

Inpatient detox and AA

31
Q

Alan Leshner, PhD

A

1996 began describing addiction as a brain disease

32
Q

8th Amendment

A

protection against “cruel and unusual punishment” used for justification for SUD to be tx while in prison/jail

33
Q

14th Amendment

A

“due process” guarantee for inmates to have care involved in process while incarcerated

34
Q

Estelle V. Gamble

A

1976 law addressing need for correctional facilities to reasonably assess and treat medical needs of people that are incarcerated