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Juresprudence > Questions > Flashcards

Questions Flashcards

1
Q

HPA and HCCCFAA are the two statutes practitioners need to be most aware of. These statutes are provincial. Who are they made by?

A

Legislative assembly in Victoria

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2
Q

TCM regulation is a regulation made by whom?

A

The Minster, under the authority of HPA.

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3
Q

In order to be effective, who must a bylaw amendment be filed with?

A

Minister of health services

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4
Q

What do college bylaws deal primarily with?

|4 points

A

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

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5
Q

What section of law does the health professions act (HPA) fall under?

A

B

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6
Q

What are the six laws governed by HPA?

A

Scope of practice
.
Restricted activities
.
Standards, limits and conditions
.
Use of titles
.
Mandatory reports
.
Public register

USSRMP

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7
Q

What is a scope of practice?

Who is a scope of practice authorized by?

A

Describes in general what each profession does, and how it does it.
.
The HPA

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8
Q

Would it be considered professional misconduct for a practitioner to refer to an educational degree that had not been received? 

A

Yes

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9
Q

If a healthcare provider is harming a patient is the practitioner obligated to report?

A

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

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10
Q

Who can PIPA disclose health information to?

A

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

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11
Q

Q: If there are two equally ranked substitute decision makers, and they cannot agree, who is appointed to make the decision?

A

The public guardian and trustee

this is the last listed option on the list of rankings

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12
Q

Q: who do we contact if the sub decision-maker is not following the rules?

A

Office of the public guardian and trustee

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13
Q

what is self disclosure?

A

when a practitioner shares personal details about his or her private life, causing confusion for the patient

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14
Q

what are acceptable gifts to receive from a patient?

A

something purchased while on holiday near Christmas or New Year’s, given at the end of treatment
Practitioner giving gift often causes emotional confusion

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15
Q

what is a dual relationship?

A

a patient is also a relative of a practitioner.

referring the patient to another practitioner is the preferred option

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16
Q

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?

A

Yes.
Report must be made in writing
Report has to contain practitioners name, and the grounds to report on 

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17
Q

Does the human rights code/tribunal have a mandatory reporting requirement?

A

No

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18
Q

Which act requires that the public be able to get certain information about practitioners?

A

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

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19
Q

Must the college disclose, whether or not the discipline committee has ever issued an order against a practitioner?

A

Yes.
The college bylaws enforce this disclosure.

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20
Q

What ways is the registrant available to the public?

A
  • on the colleges website
  • at the College’s office
  • a paper copy can be requested
  • information can be given over the phone
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21
Q

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?

A

Two months

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22
Q

When must the Acupuncturist or Herbalist discontinue treatment?

A
  • 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
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23
Q

What is the main difference between a bylaw and a regulation?

A

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.

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24
Q

Which part of the college bylaws set out the requirements for obtaining and maintaining Registration?

A

Part four of the college bylaws

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25
Q

How many established classes of registrants are there?

A

8

  • R.Ac
  • R. TCM.H
  • R. TCMP
  • Dr.TCM
  • student
  • non practicing
  • limited registration
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26
Q

What certificate must be displayed where the Acupuncturists practises?

A

Certificate of registration

27
Q

Which part of the college bylaws are related to Collection and disclosure of personal information of patients?

A

Part six

28
Q

Which title is a restricted registered title?

A

Dr. Oriental Medicine

This title is not found on the list of approved titles

29
Q

How long can one work with a temporary registration?

A

90 Days

30
Q

What Schedule is for Standards of Practice?

A

B

31
Q

What is a General Requirement to register?

A

Canaida Citizenship
PR
Work Permit

Specific = 60 credits from post secondary. Only required by BC

32
Q

What Statue or Act allows us to practice in BC?

A

The Labour Mobility Act

33
Q

What is the Ombudsperson Act?

A

Governs the college decision making to ensure they are transpartent, impartial and fair

34
Q

Who do we look to for legal support?

A

Lawyer

35
Q

How long does a pratitioner have to grant or deny a patients request to correct a patients personal information?

A

30 days

36
Q

How long does a practitioner have to comply to a request for records?

A

45 days

37
Q

Are practice standards LAW?

A

No.
But can lead to violation of the law and result in professional misconduct.

38
Q

Is it professional misconduct to allow someone to practice under a registerd title who is not registered?

A

yes.

This is the example of the father that is being called ‘doctor’ even though he is not registered with the college

39
Q

What is incompetence

A

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.

40
Q

What is incapacity

A

A practitioner has a health condition that prevents them from ‘thinking clearly’

drinking or drug use

41
Q

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.
A
42
Q

7 things to consider when getting consent

A
  1. nature of assessment or treatment
  2. who will be doing the proceedure
  3. reasons for proceedure
  4. material risk / side effects
  5. alternatives
  6. consequence of not having the proceedure
  7. patient concerns
43
Q

What Schedule is the Code of Ethics under?

A

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

44
Q

What information should be on each document of record keeping?

A

name
date of birth
contact information of patient
identity of practitioner

45
Q

If patient was a referral, what information needs to be in patient record?

A

who referred them
why they referred them

46
Q

Could a practitioner have to provide the college with documents, explanations or information regarding a suspected conflict of interest if it was requested?

A

YES
.
The college could ask for explanation of payments, financial records related to them etc.

47
Q

Can a conflict of interest be professional misconduct?

A

YES.
.
An acupuncturist cannot use the professional status to promote a product commercially .

48
Q

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?

A

No.

49
Q

Examples of misconduct towards one’s college:

6 examples

A
  1. Publicly challenge integrity of college.
  2. Reaching an undertaking given to college.
  3. Failing to cooperate.
  4. Failing to respond.
  5. Failing to report.
50
Q

Health professions review board (HPRB) is appointed by whom?

A

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

51
Q

What does the Inquiry Committee handle?

A

Member specific concerns regarding:

Professional misconduct
Incompetence
Incapacity
.
Inquiry Committee may receive a written complaint or initiate investigation on their own .

52
Q

How many days after a complaint is filed to the register of the college is the investigation process supposed to be completed?

A

120 days
.
Otherwise parties must be provided with notice of extension

53
Q

When might the Inquiry Committee make an interim order to suspend a members certificate or Registration?

A

Only in a very serious case, to protect the public during the investigation.
.
Otherwise, the Inquiry Committee is not able to dispense disciplinary action .

54
Q

What are the six disciplinary actions the discipline committee can enforce?

A
  • cancellation of Registration
  • suspension of Registration
  • limited, or conditioned practice
  • reprimand
  • fine up to 35,000
  • cover portion of expenses incurred
55
Q

Who can reverse a decision of the disciplinary committee?

A

The Supreme Court

56
Q

What examples are in the Code of Ethics

A

Confident
Competent
Sensitive
Honest
Informed choices

57
Q

In advertising, do off country designations have to be stated?

A

YES.
Ex: Phd from Chili

58
Q

Who is in charge of keeping records safe in clinic?

A

Information officer

59
Q

What qualities must a sub- decision maker have?

A

Be able and willing to act
Be 19
Be caipable
No higher rank

60
Q

Limited registration can be held for how long?

A

One year

61
Q

What rules must the sub- decision maker follow?

A

Follow the last wish of the patient
And if none,
At in best interest

62
Q

Who can overrule the practitioners decision to not allow a patient assess to their records?

A

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

63
Q

What is the repercussion for a practitioner who fails to promptly make a report that a child needs protection?

A

$10,000 fine or imprisonment up to six months

Juresprudence (4 decks)

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