Test Review Flashcards

1
Q

KSBHA requires all practicing PT’s to complete 40 hours of CEU within 2 years. (T/F)

A

True

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2
Q

shift away from medical paternalism began in the 1960’s as a result of the womens rights activities (T/F)

A

False - began post holocaust

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3
Q

define sympathy

A

Compassion related - feel for the person but have not experienced what they are going through

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4
Q

define empathy

A

able to relate to a person experience because YOU HAVE EXPERIENCED a similar situation

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5
Q

A pediatric downs syndrome patient. you learn that the mother is terminally ill and you cannot stop thinking about how the patient will cope with this situation… the emotional boundary that has been compromised is…

A

sympathy has turned to pity

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6
Q

(T/F) the KSBHA requires all licensed PT’s to maintain liability insurance

A

True

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7
Q

rule of proportionality

A

guidelines to use in the case of receiving a gift, if the employer does not have a policy in place

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8
Q

transference

A

From the PATIENTS POV

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9
Q

counter transference

A

From the PT (your) POV

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10
Q

overidentification

A

asdf

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11
Q

What organization helps to maintain and promote standards for PT practice, education, and research?

A

KPTA

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12
Q

The APTA code of Ethics was primarily revised to…

A

asdfa

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13
Q

The APTA code of ethics delineates which of the following obligations of all PT’s as determined by the House of Delegates of the APTA

A

ethical

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14
Q

Basic principles set forth in the APTA code of Ethics?

A

8 principles

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15
Q

What is KSBHA responsible for?

A

license suspension, license granting, and fines

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16
Q

who does KCPTA represent?

A

PTA
PT
SPT

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17
Q

Describe Title IX of the Educational Amendments of 1972

A

patterned after Title VI of the Civil Rights Act (prohibiting students against discrimination by schools receiving federal aide) - PROHIBITS GENDER DISCRIMINATION IN EDUCATIONAL PROGRAMS AND ACTIVITIES - applies to female faculty and staff also

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18
Q

Describe Title XI of the Civil Rights Act of 1964

A

asdfasdf

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19
Q

Describe Title VII of the Civil Rights Act of 1964

A

principle federal statute governing EMPLOYMENT DISCRIMINATION - critically important for the full integration of racial and other minorities into the American work force

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20
Q

Describe Title VI of the Civil Rights Act of 1964

A

prohibits discrimination against students by schools receiving federal financial assistance.

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21
Q

Students have a right to access their official school records and the right to challenge the accuracy of that information according to what act?

A

Family Education Rights and privacy Act of 1974

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22
Q

What two Act’s augment TItle VII of the Civil Rights Act of 1964?

A

Americans with Disabilities Act of 1990

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23
Q

define “disparate treatment”

A

wrongful employment discrimination - protected by Title VII

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24
Q

what act did the “No Child Left Behind Act of 2002 (NCLB) amend? what were the amendments made?

A

Elementary and Secondary Act of 1965

  1. established new content and academic achievement standards for public schools
  2. mandates periodic standardized assessment exams to monitor progress (esp. at-risk and disabled students)
  3. requires tutoring for struggling low-income students
25
Q

describe substantive due process

A

focuses on whether the legal actions (particularly legislation) are substantively fair.
must be shown to be rationally or reasonably related to government purpose (Statute requiring licensure = reasonably related to governmental purpose of protecting the health and welfare of patients served by these professionals in the state)

26
Q

Describe procedural due process

A

fairness in legal actions.
anyone whose life, liberty, or property interests - including educational degrees, employment rights, and professional licensure - would be adversely affected by such action must
1. be apprised of the supposed action
2. be given the opportunity to respond on his or her behalf before final action is taken

27
Q

Student Responsibility in Clinical Settings

A
  1. Student personally responsible for his/her acts of negligence or wrongdoing in the clinic
  2. If student does not comply with clear and reasonable instructions given by the CI - the student is responsible for pt injury
  3. may be held singularily liable if the student engages in reckless or malicious injurious conduct
28
Q

Liability for Student Conduct in Clinical Settings

A

Ci’s may be vicariously or indirectly liable for pt injury resulting from the conduct of a person within their affiliation

29
Q

Describe the role of the Human Resource Management

A
Interview
Job descriptions
performance appraisal
unions
policy and procedural manuals
staff motivation
continuing education
meetings
incident/occurrence and sentinel event reporting
health care marketing
service management
30
Q

Name illegal employee discharges…

A

whistle blowing (report under good moral considerations)
union activities
discrimination against racial and ethnic minorities, women, workers with disabilities
filing of workers compensation claims
wrongful discharge (if employee refuses to administer sexual favors)

31
Q

List Employment nondiscrimination Laws

A

Title VII
The Age Discrimination and Employment Act of 1967
1973 Rehabilitation Act
The Americans with Disabilities Act (ADA) 1990
Individuals with Disabilities Education Act (IDEA)

32
Q

List Federal Statutes Affecting Education

A

No Child Left Behind Act (NCLB) of 2002
Title VI of the Civil Rights Act of 1964
Title XI of the Educational Amendments of 1972
Family Education Rights and Privacy Act of 1974
Individuals with Disabilites Education Act of 2004
Equal Access Act of 1984
Americans with Disabilities Act of 1990

33
Q

Title IX of the Educational Amendments of 1972 is patterned after…

A

Title VI of the Civil Rights Act of 1964

34
Q

Family Education Rights and Privacy Act of 1974

A

FERPA or Buckley Amendment

  • established uniform standards for educational institutions concerning the privacy of student records
  • records must be kept for 5 years
  • students and their parents have a right to a students official record and the right to challenge the accuracy of that information
35
Q

Equal Access Act of 1984

A

required that public secondary schools who receive federal funds to allow the use of their facilities for religious extracurricular clubs and activities if they allow them for nonreligious extracurricular clubs and activities.

36
Q

why was the ADA enacted?

A

establishing a clear and comprehensive prohibition of discrimination on the basis of disability

37
Q

Americans with Disability Act of 1990 was originally what? and that act was modeled and modified and changed to ADA after what Act?

A

Education for All Handicapped Children Act of 1975 : Rehabilitation Act of 1973

38
Q

How many titles does the ADA have?

A

5

39
Q

Title I of ADA

A

protects against disability-related employment discrimination (for businesses with 15+ employees)

40
Q

Title II of ADA

A

ensures equal access for the disabled to public services

41
Q

Title III of ADA

A

ensures equal access for the disabled to public accommodations (including all private businesses and services)

42
Q

Title IV of ADA

A

provides for equal access using telecommunication services

43
Q

Title V of ADA

A

miscellaneous (makes sure states cannot claim immunity from ADA requirements (11th amendment)

44
Q

undue hardship

A

situation where accommodation is excused by employer because to do so would be unduly burdensome or would fundamentally alter the very nature of the employers business operation

45
Q

Purpose of the ADA

A

establish the right of disabled children to free public education and to establish concept of “mainstreaming” disabled kids into regular classes

46
Q

PT Role in the ADA

A

help establish the Early Intervention Programs (EIP) and to provide services to toddlers/infants with developmental delays or who are at risk for delays

47
Q

what is the age range of the ADA

A

3-22 years

48
Q

what is the chance that a PT has of being sued in a malpractice case?

A

1 in 10

49
Q

what % of claims resulted from the PTA or aide?

A

21%

50
Q

what % of malpractice claims against PTs involve “failure to refer” or “failure to diagnose”

A

10%

51
Q

what fraction of the PT malpractice cases resulted in courts favoring the Plaintiff-Patient?

A

~ 1/2

52
Q

Since 1997 there have been approximately __ malpractice cases brought against PT’s

A

30

53
Q

Malpractice plaintiffs must prove what before their cases can be taken to trial?

A
  1. preponderance (greater weight) of evidence
54
Q

What internal factors increase a HCP liability exposure

A
  1. broadening scope ot PT practice
  2. Direct Access
  3. Clinical Specialty Certification
  4. Delegation of Care (but not responsibility) to PT extendors
  5. trend toward higher professional liability limits
55
Q

what external factors increase a HCO liability exposure?

A
  1. people sue all the time
  2. new/complex gov. accreditation agency
  3. changes in health care delivery system
  4. provider and payer-focused “managed care” to patient focused “managed health”
56
Q

maleficence

A

DO NO HARM

57
Q

What are the required elements of proof in a professional lawsuit?

A
  1. Duty is owed
  2. Breach of Duty
  3. Causation
  4. Damages
58
Q

Name the defenses available for a HCP in malpractice cases

A
  1. Statutes of limitations
  2. Comparative Fault
  3. Assumptions of risk
  4. Immunity
  5. Releases from liability