Questions Flashcards
HPA and HCCCFAA are the two statutes practitioners need to be most aware of. These statutes are provincial. Who are they made by?
Legislative assembly in Victoria
TCM regulation is a regulation made by whom?
The Minster, under the authority of HPA.
In order to be effective, who must a bylaw amendment be filed with?
Minister of health services
What do college bylaws deal primarily with?
|4 points
Internal operations of the college
+
Obligations on practitioners in related to :
Liability insurance
Protection of patient information
Information that practitioners must provide to the college
Election of practitioners to the board of the college
PIIB
What section of law does the health professions act (HPA) fall under?
B
What are the six laws governed by HPA?
Scope of practice
.
Restricted activities
.
Standards, limits and conditions
.
Use of titles
.
Mandatory reports
.
Public register
USSRMP
What is a scope of practice?
Who is a scope of practice authorized by?
Describes in general what each profession does, and how it does it.
.
The HPA
Would it be considered professional misconduct for a practitioner to refer to an educational degree that had not been received? 
Yes
If a healthcare provider is harming a patient is the practitioner obligated to report?
Yes
.
Mandatory reporting provisions, fall under HPA and child family and community service act .
.
Mandatory reporting requirements, create an exception to the practitioners duty of confidentiality
Who can PIPA disclose health information to?
The health care, consent, and care facility administration act (HCCCFAA)
A College acting under the HPA
An investigator or inspector authorized by a warrant, or by any provincial or federal law
Q: If there are two equally ranked substitute decision makers, and they cannot agree, who is appointed to make the decision?
The public guardian and trustee
this is the last listed option on the list of rankings
Q: who do we contact if the sub decision-maker is not following the rules?
Office of the public guardian and trustee
what is self disclosure?
when a practitioner shares personal details about his or her private life, causing confusion for the patient
what are acceptable gifts to receive from a patient?
something purchased while on holiday near Christmas or New Year’s, given at the end of treatment
Practitioner giving gift often causes emotional confusion
what is a dual relationship?
a patient is also a relative of a practitioner.
referring the patient to another practitioner is the preferred option
If a healthcare provider has been hospitalized for psychiatric care or drug and alcohol addiction, is it mandatory to report to the Register of the College that healthcare provider belongs to?
Yes.
Report must be made in writing
Report has to contain practitioners name, and the grounds to report on 
Does the human rights code/tribunal have a mandatory reporting requirement?
No
Which act requires that the public be able to get certain information about practitioners?
HPA
- name
- business address, and telephone number
- Class of Registration
- any limits or conditions on the registration
- notion of each cancellation or suspension of the persons registration
the following information must be available about each practitioner
Must the college disclose, whether or not the discipline committee has ever issued an order against a practitioner?
Yes.
The college bylaws enforce this disclosure.
What ways is the registrant available to the public?
- on the colleges website
- at the College’s office
- a paper copy can be requested
- information can be given over the phone
After how long must an acupuncturist or herbalist advise the client to consult a medical practitioner, naturopath, dentist or doctor of TCM if there is no improvement in their condition?
Two months
When must the Acupuncturist or Herbalist discontinue treatment?
- the patient has not sought help from medical doctor, naturopath, dentist, doctor of TCM
- there is no improvement in the condition for which the client is being treated after four months
- the condition worsens
- new symptoms develop
What is the main difference between a bylaw and a regulation?
Bylaw
Made directly by the board of the college, and is subject to ministerial approval
Regulation
Is made by the cabinet or a minister of the provincial government of BC
Bylaws relate to administration and internal affairs of the college. Regulations generally deal with matters of broader public concern.
Which part of the college bylaws set out the requirements for obtaining and maintaining Registration?
Part four of the college bylaws
How many established classes of registrants are there?
8
- R.Ac
- R. TCM.H
- R. TCMP
- Dr.TCM
- student
- non practicing
- limited registration
What certificate must be displayed where the Acupuncturists practises?
Certificate of registration
Which part of the college bylaws are related to Collection and disclosure of personal information of patients?
Part six
Which title is a restricted registered title?
Dr. Oriental Medicine
This title is not found on the list of approved titles
How long can one work with a temporary registration?
90 Days
What Schedule is for Standards of Practice?
B
What is a General Requirement to register?
Canaida Citizenship
PR
Work Permit
Specific = 60 credits from post secondary. Only required by BC
What Statue or Act allows us to practice in BC?
The Labour Mobility Act
What is the Ombudsperson Act?
Governs the college decision making to ensure they are transpartent, impartial and fair
Who do we look to for legal support?
Lawyer
How long does a pratitioner have to grant or deny a patients request to correct a patients personal information?
30 days
How long does a practitioner have to comply to a request for records?
45 days
Are practice standards LAW?
No.
But can lead to violation of the law and result in professional misconduct.
Is it professional misconduct to allow someone to practice under a registerd title who is not registered?
yes.
This is the example of the father that is being called ‘doctor’ even though he is not registered with the college
What is incompetence
Lack of:
Knowledge
Skill
Judgement
When assessing or treating a patient
.
Example:
Doesn’t assess patient fully because in rush. Didn’t take family history, patient has stroke on table.
What is incapacity
A practitioner has a health condition that prevents them from ‘thinking clearly’
drinking or drug use
Review Card
**The Code of Ethics:** ethical obligation of pratitioner **Practice Standards:** practice safety effectivly/professionally. **Professional Misconduct:**minimum conduct necessary to avoid dicipline **Incompetence:** inadequate level of knowledge, skill, judgement to assess patient. **Incapacity:** prevent practitioner from thinking clearly.
7 things to consider when getting consent
- nature of assessment or treatment
- who will be doing the proceedure
- reasons for proceedure
- material risk / side effects
- alternatives
- consequence of not having the proceedure
- patient concerns
What Schedule is the Code of Ethics under?
Schedule A
Examples:
- splitting fees with person who referred patient
- referring patient to business that we have personal interst in
- selling unnecessary product to patient
used in conflict of interest example
What information should be on each document of record keeping?
name
date of birth
contact information of patient
identity of practitioner
If patient was a referral, what information needs to be in patient record?
who referred them
why they referred them
Could a practitioner have to provide the college with documents, explanations or information regarding a suspected conflict of interest if it was requested?
YES
.
The college could ask for explanation of payments, financial records related to them etc.
Can a conflict of interest be professional misconduct?
YES.
.
An acupuncturist cannot use the professional status to promote a product commercially .
In an integrative clinic if another practitioner requests a copy for the record, and has patient consent, is the original practitioner allowed to ignore the request?
No.
Examples of misconduct towards one’s college:
6 examples
- Publicly challenge integrity of college.
- Reaching an undertaking given to college.
- Failing to cooperate.
- Failing to respond.
- Failing to report.
Health professions review board (HPRB) is appointed by whom?
Appointed by the government
.
Is independent of the college
.
The applicant who is denied registration or is granted registration on terms can seek review from the board.
.
HPRB decision can be challenged with judicial review application to the court
What does the Inquiry Committee handle?
Member specific concerns regarding:
Professional misconduct
Incompetence
Incapacity
.
Inquiry Committee may receive a written complaint or initiate investigation on their own .
How many days after a complaint is filed to the register of the college is the investigation process supposed to be completed?
120 days
.
Otherwise parties must be provided with notice of extension
When might the Inquiry Committee make an interim order to suspend a members certificate or Registration?
Only in a very serious case, to protect the public during the investigation.
.
Otherwise, the Inquiry Committee is not able to dispense disciplinary action .
What are the six disciplinary actions the discipline committee can enforce?
- cancellation of Registration
- suspension of Registration
- limited, or conditioned practice
- reprimand
- fine up to 35,000
- cover portion of expenses incurred
Who can reverse a decision of the disciplinary committee?
The Supreme Court
What examples are in the Code of Ethics
Confident
Competent
Sensitive
Honest
Informed choices
In advertising, do off country designations have to be stated?
YES.
Ex: Phd from Chili
Who is in charge of keeping records safe in clinic?
Information officer
What qualities must a sub- decision maker have?
Be able and willing to act
Be 19
Be caipable
No higher rank
Limited registration can be held for how long?
One year
What rules must the sub- decision maker follow?
Follow the last wish of the patient
And if none,
At in best interest
Who can overrule the practitioners decision to not allow a patient assess to their records?
Information and Privacy commissionaire.
.
A patient may complain to the information and privacy commissioner if a record is unavailable, or if the practitioner does not allow access to their record
What is the repercussion for a practitioner who fails to promptly make a report that a child needs protection?
$10,000 fine or imprisonment up to six months
