old FINAL

Question 1

What does Jurisprudence mean?

Answer 1

Jurisprudence means knowledge of law.

Question 2

Act =

Answer 2

legislation signed by the President/Governor

Question 3

Law =

Answer 3

statute = regulation = formal written law

Question 4

Regulations =

Answer 4

set of rules, legal restrictions

Question 5

Administrative law =

Answer 5

deals with enforcement of statutes

Question 6

Who grants the right to practice?

Answer 6

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).

Question 7

Why Learn About Law?

Answer 7

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

Question 8

Is claiming ignorance of a law a defense?

Answer 8

Claiming ignorance of the law is not a defense

Question 9

RPM

Answer 9

High RPMs/practices bordering on breaking law

Moderate RPMs/practices reasonably within the law

Low RPMs/
ultraconservative practices

Question 10

Administrative law-

Answer 10

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.

Question 11

Civil law-

Answer 11

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

Question 12

Criminal law-

Answer 12

when an event is considered an act against society, federal or state government

Question 13

How do laws and regulations of PT stand?

Answer 13

The U.S. Constitutional law supersedes all other laws and regulations of Physical Therapy

Question 14

Administrative Law

Answer 14

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

Question 15

What does issuing licencess to health care and other professionals do?

Answer 15

Protection of the public at the state level includes such things as issuing licenses to health care and other professionals.

Question 16

Can a health service providers provide reimbursable clinical services without license?

Answer 16

Health service providers must be licensed to provide reimbursable clinical services

Question 17

What a license proves?

Answer 17

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)

Question 18

Are we guaranteed a license?

Answer 18

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

Question 19

What must you do when have a license?

Answer 19

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

Question 20

What 5 things can the governing board do about the license?

Answer 20

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

Question 21

What do State licensing boards do?

Answer 21

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

Question 22

Who enacts Licensure laws to protect residents within the state for incompetent and unscrupulous health services and other practitioners?

Answer 22

-Licensure laws are enacted through each states legislative process to protect residents within the state for incompetent and unscrupulous health services and other practitioners

Question 23

Common responsibilities for individual licensees: (5)

Answer 23

1. Be truthful to the licensing board
2. Meet renewal requirements
3. Pay required application and renewal fees
4. Practice within parameters of the practice act and regulations
5. Send written notification to the board when personal information/status changes

Question 24

Responsibilities of the Licensing Board

Answer 24

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

Question 25

Civil Law

Answer 25

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

Question 26

How does society protect individuals from wrongful acts of others?

Answer 26

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

Question 27

Tort =

Answer 27

an injurious act committed against a person or property or a contract breach

Question 28

Two general types of torts:

Answer 28

Negligent torts | Intentional torts

Question 29

Negligence/Negligent tort =

Answer 29

omission (does not perform) or commission (does perform) an act that a reasonable, prudent person would or would not do under given circumstances

Question 30

For negligence to be , a plaintiff (the injured party) must demonstrate 4 things:

Answer 30

1. 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 2. 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 3. The party who was owed a duty incurred damages directly (loss of wages) or indirectly (pain) 4. Causation – the breach of duty caused injury or there was a causal connection between the breach and the damages

Question 31

For negligence to be , a plaintiff (the injured party) must demonstrate 4 things:

Answer 31

1. 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 2. 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 3. The party who was owed a duty incurred damages directly (loss of wages) or indirectly (pain) 4. Causation – the breach of duty caused injury or there was a causal connection between the breach and the damages

Question 32

For negligence to be , a plaintiff (the injured party) must demonstrate 4 things:

Answer 32

1. 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 2. 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 3. The party who was owed a duty incurred damages directly (loss of wages) or indirectly (pain) 4. Causation – the breach of duty caused injury or there was a causal connection between the breach and the damages

Question 33

For negligence to be , a plaintiff (the injured party) must demonstrate 4 things:

Answer 33

1. 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 2. 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 3. The party who was owed a duty incurred damages directly (loss of wages) or indirectly (pain) 4. Causation – the breach of duty caused injury or there was a causal connection between the breach and the damages

Question 34

Professional negligence is also known as malpractice

Answer 34

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.

Question 35

why is expert testimony needed in a malpractice case?

Answer 35

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.

Question 36

What is malpractice?

Answer 36

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

Question 37

Examples of Physical Therapy Malpractice include:

Answer 37

``` Dropping patients Leaving patients unattended on equipment Failure to supervise Using broken equipment Sexual assault Over-extending joints Failing to inform patients of risks ```