old FINAL Flashcards
What does Jurisprudence mean?
Jurisprudence means knowledge of law.
Act =
legislation signed by the President/Governor
Law =
statute = regulation = formal written law
Regulations =
set of rules, legal restrictions
Administrative law =
deals with enforcement of statutes
Who grants the right to practice?
The right to practice is a right granted by a state’s statutes, and at present each state’s statutes differ.
Conflicts occur between the federal government and states’ rights.
Government funding of health care results in increased legal oversight (fraud and abuse).
Business relationships are often contractual (breach of contract).
Why Learn About Law?
The right to practice is a right granted by a state’s statutes, and at present each state’s statutes differ.
Conflicts occur between the federal government and states’ rights.
Government funding of health care results in increased legal oversight (fraud and abuse).
Business relationships are often contractual (breach of contract).
Reduces the risk associated with potential or actual malpractice claims
Become a better contract negotiator (independent practitioner)
Jurisprudence knowledge is required for licensure
Claiming ignorance of the law is not a defense
Professional ethics requires obeying laws
Is claiming ignorance of a law a defense?
Claiming ignorance of the law is not a defense
RPM
High RPMs/practices bordering on breaking law
Moderate RPMs/practices reasonably within the law
Low RPMs/
ultraconservative practices
Administrative law-
claims brought against individuals or groups by administrative agencies (eg. Licensing board ), which were created by the government to administer and enforce a particular set of statutes.
Civil law-
claims brought against individuals, groups, or the state to recover damages
Eg. When a wrong (tort) has been committed against a person or property or a breach in contract has occurred
Criminal law-
when an event is considered an act against society, federal or state government
How do laws and regulations of PT stand?
The U.S. Constitutional law supersedes all other laws and regulations of Physical Therapy
Administrative Law
Protection of the public at the state level includes such things as issuing licenses to health care and other professionals.
Health service providers must be licensed to provide reimbursable clinical services
A license is evidence that the state has given qualified individuals a privilege to practice within certain parameters as written in the state law (practice act)
No one is guaranteed a license, qualified individuals (as defined by practice act), must apply for a license and show evidence that they have met the state’s qualifications
Once received, a licensee must abide by the state’s practice act and corresponding regulations.
A governing board has authority to issue, renew, restrict, or revoke licenses as well as censure licensees when a licensee fails to meet these responsibilities
What does issuing licencess to health care and other professionals do?
Protection of the public at the state level includes such things as issuing licenses to health care and other professionals.
Can a health service providers provide reimbursable clinical services without license?
Health service providers must be licensed to provide reimbursable clinical services
What a license proves?
A license is evidence that the state has given qualified individuals a privilege to practice within certain parameters as written in the state law (practice act)
Are we guaranteed a license?
No one is guaranteed a license, qualified individuals (as defined by practice act), must apply for a license and show evidence that they have met the state’s qualifications
What must you do when have a license?
Once received, a licensee must abide by the state’s practice act and corresponding regulations.
A governing board has authority to issue, renew, restrict, or revoke licenses as well as censure licensees when a licensee fails to meet these responsibilities
What 5 things can the governing board do about the license?
A governing board has authority to
issue, renew, restrict, or revoke licenses as well as censure licensees
when a licensee fails to meet these responsibilities
What do State licensing boards do?
Adopt rules and regulations necessary for administration of the practice act
Follow administrative rules and regulations
- Each state reserves the right to pass laws for the protection of residents within the state
- Licensure laws are enacted through each states legislative process to protect residents within the state for incompetent and unscrupulous health services and other practitioners
Follow administrative law procedures, which allow infraction investigations and decisions to be made by a hearing panel rather than a court
Who enacts Licensure laws to protect residents within the state for incompetent and unscrupulous health services and other practitioners?
-Licensure laws are enacted through each states legislative process to protect residents within the state for incompetent and unscrupulous health services and other practitioners
Common responsibilities for individual licensees: (5)
- Be truthful to the licensing board
- Meet renewal requirements
- Pay required application and renewal fees
- Practice within parameters of the practice act and regulations
- Send written notification to the board when personal information/status changes
Responsibilities of the Licensing Board
The licensing board is responsible for protecting the public against incompetent and unscrupulous practitioners
The board is grated the statutory authority to deny a license when an applicant does not meet the require qualifications and take disciplinary action against licensees who have violated the practice act or rules and regulations
Civil Law
Society protects individuals from wrongful acts of others by allowing those who are wronged to file lawsuits and collect monetary awards as compensation for the damages or seek other remedies as permitted by law
Tort = an injurious act committed against a person or property or a contract breach
Two general types of torts:
Negligent torts
Intentional torts
How does society protect individuals from wrongful acts of others?
Society protects individuals from wrongful acts of others by allowing those who are wronged to file lawsuits and collect monetary awards as compensation for the damages or seek other remedies as permitted by law
Tort =
an injurious act committed against a person or property or a contract breach
Two general types of torts:
Negligent torts
Intentional torts
Negligence/Negligent tort =
omission (does not perform) or commission (does perform) an act that
a reasonable, prudent person would or would not do under given circumstances
For negligence to be , a plaintiff (the injured party) must demonstrate 4 things:
- There was a duty owed to the plaintiff by the defendant (the accused)
Defendants can include the referrer, manager, or employer, or all of them - There was a breach – the duty was not met either by failure to act or failure to meet the standard of care for the circumstance at the time
- The party who was owed a duty incurred damages directly (loss of wages) or indirectly (pain)
- Causation – the breach of duty caused injury or there was a causal connection between the breach and the damages
For negligence to be , a plaintiff (the injured party) must demonstrate 4 things:
- There was a duty owed to the plaintiff by the defendant (the accused)
Defendants can include the referrer, manager, or employer, or all of them - There was a breach – the duty was not met either by failure to act or failure to meet the standard of care for the circumstance at the time
- The party who was owed a duty incurred damages directly (loss of wages) or indirectly (pain)
- Causation – the breach of duty caused injury or there was a causal connection between the breach and the damages
For negligence to be , a plaintiff (the injured party) must demonstrate 4 things:
- There was a duty owed to the plaintiff by the defendant (the accused)
Defendants can include the referrer, manager, or employer, or all of them - There was a breach – the duty was not met either by failure to act or failure to meet the standard of care for the circumstance at the time
- The party who was owed a duty incurred damages directly (loss of wages) or indirectly (pain)
- Causation – the breach of duty caused injury or there was a causal connection between the breach and the damages
For negligence to be , a plaintiff (the injured party) must demonstrate 4 things:
- There was a duty owed to the plaintiff by the defendant (the accused)
Defendants can include the referrer, manager, or employer, or all of them - There was a breach – the duty was not met either by failure to act or failure to meet the standard of care for the circumstance at the time
- The party who was owed a duty incurred damages directly (loss of wages) or indirectly (pain)
- Causation – the breach of duty caused injury or there was a causal connection between the breach and the damages
Professional negligence is also known as malpractice
Occurs when the alleged wrongdoer is a
1) Professional
2) With the necessary or required action within the scope of practice
3) Requires special knowledge and skills to practice
Duty, breach, damages, and causation are required for proof in a malpractice case; however, expert testimony is required because the ordinary person is not capable of determining what the professional standard of care should be.
why is expert testimony needed in a malpractice case?
Duty, breach, damages, and causation are required for proof in a malpractice case; however, expert testimony is required because the ordinary person is not capable of determining what the professional standard of care should be.
What is malpractice?
Professional negligence is also known as malpractice
Occurs when the alleged wrongdoer is a
1) Professional
2) With the necessary or required action within the scope of practice
3) Requires special knowledge and skills to practice
Examples of Physical Therapy Malpractice include:
Dropping patients Leaving patients unattended on equipment Failure to supervise Using broken equipment Sexual assault Over-extending joints Failing to inform patients of risks
