rights of consumers Flashcards
Does the public has access to the following information: A list of licensees and interim permit holders that includes the licensee’s and interim permit holder’s place of practice, license or interim permit number, date of license or interim permit expiration and status of license or interim permit?
yes
Does the public has access to the following information: A list of physical therapist assistants certified in this state, including place of employment, certificate number, date of certificate expiration and status of certificate?
yes
Does the public has access to the following information: public records?
yes
Does the public has access to the following information: The home addresses and telephone numbers of physical therapists and physical therapist assistants ?
No. The home addresses and telephone numbers of physical therapists and physical therapist assistants are not public records and shall be kept confidential by the board unless they are the only addresses and telephone numbers of record.
Does the public has access to the following information: whether the referring practitioner is getting direct or indirect compensation from the referral to PT?
Kind of, the PT needs to tell them if a referring practitioner is deriving direct or indirect compensation from the referral to physical therapy the physical therapist shall disclose this information in writing to the patient
Does the public has access to the following information: the things PT’s get money for when they suggest it?
kind of, the PT needs to tell them. A physical therapist shall disclose in writing to a patient any financial interest in products the physical therapist endorses and recommends to the patient and shall document this disclosure in the patient’s record. A physical therapist shall ensure that each patient understands that the patient has freedom of choice in services and products
What about the PT-patient relationship being confidential? public kind of talk?
No. Information relating to the physical therapist-patient relationship is confidential and shall not be communicated to a third party who is not involved in that patient’s care without the prior written consent of the patient. The physical therapist shall divulge to the board information it requires in connection with any investigation, public hearing or other proceeding. The physical therapist-patient privilege does not extend to cases in which the physical therapist has a duty to report information as required by law. The confidentiality requirements and privileges of this subsection also apply to physical therapist assistants.
what about receipt and investigation of therapists?
The board shall keep all information relating to the receipt and investigation of complaints filed against a licensee or certificate holder confidential unless the information is disclosed in the course of the investigation or any subsequent proceeding or if that information is required to be disclosed by law.
how about a license/certificate? public display at workplace or if asked by board?
yes
In lieu of a disciplinary proceeding prescribed by this article the board may permit a licensee or certificate holder to actively participate in a board approved substance abuse recovery program if:
- The board has evidence that the licensee or certificate holder is an impaired professional.
- The licensee or certificate holder has not been convicted of a felony relating to a controlled substance in a court of law of the United States or any other territory or country.
- The licensee or certificate holder enters into a written agreement with the board for a restricted license and complies with all of the terms of the agreement, including making satisfactory progress in the program and adhering to any limitations on the licensee’s practice imposed by the board to protect the public. Failure to enter into such an agreement shall activate an immediate investigation and disciplinary proceedings by the board.
- As part of the agreement established between the licensee or certificate holder and the board, the licensee or certificate holder signs a waiver allowing the substance abuse program to release information to the board if the licensee or certificate holder does not comply with the requirements of this section or is unable to practice with reasonable skill or safety.
can a board member be immune from civil liability ?
A board member who acts within the scope of board duties, without malice and in the reasonable belief that the person’s action is warranted by law is immune from civil liability.
who is on the board?
4 PT’s who have worked for at least 5 years, 1 PTA who has worked for at least 5 years, and the governor shall also appoint two public members who are residents of this state and who are not affiliated with, and do not have a financial interest in, any health care profession but who have an interest in consumer rights
The following are confidential and are not available to the public:
- Patient records, including clinical records, files, any report or oral statement relating to a diagnostic finding or treatment of a patient.
- Any information from which a patient or a patient’s family might be identified.
- Information received and records or reports kept by the board as a result of an investigation made pursuant to this chapter.
are final board decisions subject to judicial review?
Except as provided in section 41-1092.08, subsection H, final board decisions are subject to judicial review pursuant to title 12, chapter 7, article 6.
is a social security number, a home address or home telephone number , credential eval report , education transcript, grade or exam scores, diagnosis and treatment records confidential?
yes. well if the home address and home telephone number is the only address or telephone number of record for a PT/PTA then that may be available.
