Legal Acts Flashcards
List all relevant acts and governing bodies (15)
- Information Governance
- Clinical governance
- CQC
- GDC
- GDPR 2018 Act
- Freedom of Information Act 2000
- Equality Act 2010
- Mental Capacity Act 2005
- Human Rights Act 1998
- IRMER 2017 (Ionising Radiation Medical Exposure Regulation)
- Medical Devices Regulation 2002
- HTM 01-05-2008
- Audits + Mandatory Audits
- Health and safety at work act
- Health and social care act (duty of candour)
Describe information governance standards
All information must be:
- held safely and confidentially
- obtained fairly and effectively
- recorded accurately and reliably
- used effectively and ethically
- shared appropriately and lawfully
What factors does information governance insure (7)
- confidentiality
- data protection
- information recording
- sharing confidential info
- subject access requests
- freedom of information request
- privacy notice
What acts does information governance include (4)
NHS act 2006
Health and social care act 2012
GDPR 2018
Human rights act 1998
Define information governance
Set of measures that deals with use of personal confidential information/data
Why does information governance matter
- personal level: avoid embarrassment + financial impacts
- organisational level: ICO (information commissioners office) carry out audits, failure can impact organisation reputation
- ensure data encryption
- not discussing confidential work on social media
2) Clinical governance: definition
system through which NHS organisation are accountable for:
- improving quality of services
- safeguarding high standards of care
What does clinical governance encompass (3 standards)
SDM:
- Setting standards (GDC, NICE)
- Delivering standards (complaints handling, infection control policy, information governance)
- Monitoring standards (audits, health and social care act, patient surveys)
What does the GDPR focus on (5)
Electronic information
All forms of media
Photos
radiographs
Scribbled medical notes
What 7 principles does the GDPR revolve around
- Accuracy of data
- Purpose limitation
- Data minimisation
- Storage limitation
- Confidentiality
- Accountability
- Freedom of information
How does GDPR apply to dentists (3)
- only store data that is important to providing care to the patient
- we must understand what to do if pt requests their personal info
- data must be processed lawfully
What is the freedom of information act
FOI 2000
- allows public access to info held by public authorities:
- police
- NHS
- local authorities
What are the 9 characteristics protected by the equality act
- 2010
Pregnancy and maternity
Race
Age
Marriage/civil partnership
Sex
Gender reassignment
Disability
Sexual orientation
How is the equality act applied in different situations
- workplace
- educational institutions
- using public services
- renting and or buying properties
- health services
What does equality act specifically protect in terms of jobs
prior to employment:
- interview cannot ask you questions about your protected characteristics
During employment: pay, benefits and promotion
- pay gap, women getting paid less for same role
What are the 4 main types of discrimination under the equality act
- Direct discrimination
- treating one person worse than another due to protected characteristic
EG promotion comes up at work, old man not told due to age - Indirect discrimination
- organisation puts a rule or policy in place which has worse impact on those with protected characteristic
EG local authority making it harder for mothers to attend meeting - Harassment
- people cannot treat you in a way that violates your dignity or creates a hostile degrading humiliating offensive environment
EG man with Down’s syndrome made fun of at pub - Victimisation
- people cannot treat you unfairly if you’re taking action under equality act eg making complaint out of discrimination, or if you’re supporting someone else doing so
EG employee makes harassment complaint due to sexual harassment and is FIRED
What are the 4 main types of discrimination under the equality act
- Direct discrimination
- treating one person worse than another due to protected characteristic
EG promotion comes up at work, old man not told due to age - Indirect discrimination
- organisation puts a rule or policy in place which has worse impact on those with protected characteristic
EG local authority making it harder for mothers to attend meeting - Harassment
- people cannot treat you in a way that violates your dignity or creates a hostile degrading humiliating offensive environment
EG man with Down’s syndrome made fun of at pub - Victimisation
- people cannot treat you unfairly if you’re taking action under equality act eg making complaint out of discrimination, or if you’re supporting someone else doing so
EG employee makes harassment complaint due to sexual harassment and is FIRED
Human rights act: What are the main points of it?
The Human Rights Act gives you legal protection of your human rights, such as your right to life, or your right to a fair trial.
There are 16 rights in total, and each one is referred to as a separate article, for example, Article 2: Right to life. You are protected under the Human Rights Act if you live in the UK.
Medical devices regulation: year and what it is
- info on cleaning and disinfection and packaging and method of sterilisation, restriction on number of re uses
HTM-01-05-2008
- decontamination in primary care and dental practices for guidance in conducting decontamination at local level
Audits and mandatory audits: definition and which are the mandatory audits and what are the root cause (incident) analysis
Definition:
- a quality improvement process that seeks to improve patient care and outcomes through systematic review of care and implementation of change
- clinical audits are central to effective quality assurance
Mandatory audits:
1. HTM-01-05-2008 MINIMUM EVERY 6 MONTHS
- Radiographs: current regulations IRR99 And IR(ME)R 2000
- Accessibility - comply with equality act 2010
REVIEW CHANGE IMPROVE REASSESS
Health and social care act importance
Duty of candour
Consumer protect act: year and example
Year = 1987
- inadequately decontaminated dental instruments that cause an infection in a patient may lead to civili liability action being taken:
- with payments for damages
- injuries received from defective product
List and give examples of Regulations relevant in FoDOCS: (8)
- Health and Safety at Work Act, 1974
° employer’s and employee’s responsibility for health and safety issues, such as providing safe equipment e.g. how to handle contaminated dental instruments - Consumer Protection Act, 1987
• inadequately decontaminated dental instruments that cause an infection in a patient may lead to civil liability action being taken with bavments for damages. for iniuries received from a defective product - Provision and Use of Work Equipment Regulations 1998
• equipment such as decontamination equipment (autoclaves, ultrasonic baths, washer disinfectors) are suitable for the intended use. safe for use. maintained in a safe condition and. inspected - Management of Health and Safety at Work Regulations, 1999
•employers to make a systematic assessment of all the risks to the health and safety of their employees and others, arising from work activities - Pressure Systems Safety Regulations 2000
• intended to prevent risk of injury from stored energy as a result of a failure of a pressure system applies to bench top sterilisers - Control of Substances Hazardous to Health (COSHH) Regulations, 2002
• regulations require a risk assessment to be carried out of all potentially hazardous substances. - Medical Devices Regulations, 2002
• information on cleaning, disinfection, packaging and the method of sterilisation of the device and any restriction on the number of re-uses. - HTM 01-05 2008:
• Decontamination in primary care and dental practices for guidance on conducting decontamination at local level 2008
