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Legal Acts Flashcards

1
Q

List all relevant acts and governing bodies (15)

A
  1. Information Governance
  2. Clinical governance
  3. CQC
  4. GDC
  5. GDPR 2018 Act
  6. Freedom of Information Act 2000
  7. Equality Act 2010
  8. Mental Capacity Act 2005
  9. Human Rights Act 1998
  10. IRMER 2017 (Ionising Radiation Medical Exposure Regulation)
  11. Medical Devices Regulation 2002
  12. HTM 01-05-2008
  13. Audits + Mandatory Audits
  14. Health and safety at work act
  15. Health and social care act (duty of candour)
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2
Q

Describe information governance standards

A

All information must be:
- held safely and confidentially
- obtained fairly and effectively
- recorded accurately and reliably
- used effectively and ethically
- shared appropriately and lawfully

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3
Q

What factors does information governance insure (7)

A
  • confidentiality
  • data protection
  • information recording
  • sharing confidential info
  • subject access requests
  • freedom of information request
  • privacy notice
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4
Q

What acts does information governance include (4)

A

NHS act 2006
Health and social care act 2012
GDPR 2018
Human rights act 1998

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5
Q

Define information governance

A

Set of measures that deals with use of personal confidential information/data

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6
Q

Why does information governance matter

A
  • 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
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7
Q

2) Clinical governance: definition

A

system through which NHS organisation are accountable for:
- improving quality of services
- safeguarding high standards of care

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8
Q

What does clinical governance encompass (3 standards)

A

SDM:
- Setting standards (GDC, NICE)

  • Delivering standards (complaints handling, infection control policy, information governance)
  • Monitoring standards (audits, health and social care act, patient surveys)
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9
Q

What does the GDPR focus on (5)

A

Electronic information
All forms of media
Photos
radiographs
Scribbled medical notes

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10
Q

What 7 principles does the GDPR revolve around

A
  1. Accuracy of data
  2. Purpose limitation
  3. Data minimisation
  4. Storage limitation
  5. Confidentiality
  6. Accountability
  7. Freedom of information
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11
Q

How does GDPR apply to dentists (3)

A
  • 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
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12
Q

What is the freedom of information act

A

FOI 2000
- allows public access to info held by public authorities:
- police
- NHS
- local authorities

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13
Q

What are the 9 characteristics protected by the equality act

A
  • 2010
    Pregnancy and maternity
    Race
    Age
    Marriage/civil partnership
    Sex
    Gender reassignment
    Disability
    Sexual orientation
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14
Q

How is the equality act applied in different situations

A
  • workplace
  • educational institutions
  • using public services
  • renting and or buying properties
  • health services
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15
Q

What does equality act specifically protect in terms of jobs

A

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

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16
Q

What are the 4 main types of discrimination under the equality act

A
  1. 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
  2. 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
  3. 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
  4. 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
17
Q

What are the 4 main types of discrimination under the equality act

A
  1. 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
  2. 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
  3. 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
  4. 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
18
Q

Human rights act: What are the main points of it?

A

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.

19
Q

Medical devices regulation: year and what it is

A
  • info on cleaning and disinfection and packaging and method of sterilisation, restriction on number of re uses
20
Q

HTM-01-05-2008

A
  • decontamination in primary care and dental practices for guidance in conducting decontamination at local level
21
Q

Audits and mandatory audits: definition and which are the mandatory audits and what are the root cause (incident) analysis

A

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

  1. Radiographs: current regulations IRR99 And IR(ME)R 2000
  2. Accessibility - comply with equality act 2010

REVIEW CHANGE IMPROVE REASSESS

22
Q

Health and social care act importance

A

Duty of candour

23
Q

Consumer protect act: year and example

A

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
24
Q

List and give examples of Regulations relevant in FoDOCS: (8)

A
  1. 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
  2. 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
  3. 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
  4. 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
  5. 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
  6. Control of Substances Hazardous to Health (COSHH) Regulations, 2002
    • regulations require a risk assessment to be carried out of all potentially hazardous substances.
  7. 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.
  8. HTM 01-05 2008:
    • Decontamination in primary care and dental practices for guidance on conducting decontamination at local level 2008
25
Q

Mental capacity act: YEAR AND DESCRIBE

A

For any patient who can legally consent you need to assess capacity to consent (Mental Capacity Act 2005)

Key questions for this assessment:
The MCA sets out a 2-stage test of capacity:
1. Does the person have an impairment of their mind or brain, whether as a result of an illness, or external factors such as alcohol or drug use?

  1. Does the impairment mean the person is unable to make a specific decision when they need to? People can lack capacity to make some decisions, but have capacity to make others. Mental capacity can also fluctuate with time – someone may lack capacity at one point in time, but may be able to make the same decision at a later point in time.
    Where appropriate, people should be allowed the time to make a decision themselves.

The MCA says a person is unable to make a decision if they cannot do 1 or more of these things:
• understand the information relevant to the decision
• retain that information for long enough to make the decision
• use or weigh up that information as part of the process of making the decision
• communicate their decision in any way

26
Q

Gdc principle 1

A

Put patients’ interests first

27
Q

Gdc principle 2

A

Communicate effectively with patients

28
Q

Gdc principle 3

A

Obtain valid consent

29
Q

Gdc principle 4

A

Maintain and protect patient information

30
Q

Gdc principle 5

A

Have a clear and effective complaints procedure

31
Q

Gdc principle 6

A

Work with colleagues in a way that is in patients’ best interests

32
Q

Gdc principle 7

A

Maintain, develop and work within our professional knowledge and skills

33
Q

Gdc principle 8

A

Raise concerns if patients are at risk

34
Q

Gdc principle 9

A

Make sure our personal behaviour maintains confidence in us and the dental profession

35
Q

SPIKES: what is it

A

SETTING up the interview
PERCEPTION: assess this, what does pt know so far
INVITATION: does the pt want to know
KNOWLEDGE: give knowledge and info to pt
EMPATHY AND EMOTIONS
STRATEGY AND SUMMARY (aware of referral pathways and avenues of support)

DIS (1 decks)

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