THIS ONE CA LAW Flashcards
May treat any condition, disease, or injury and may diagnose as long as its _
Consistent with chiropractic standards and does NOT constitute the practice of medicine
Can a CA Chiro practice Mammography?
Nope
Can a CA Chiro use vitamins, food supplements, and proprietary meds?
Yup
Can a chiro use an ultrasound to treat or diagnose a fetus?
Nope
What can a Chiro use x-ray and thermography for?
DIAGNOSIS not treatment
Can a chiro use treat allergies, perform surgery, or use laser ablation?
Nope
What can an unlicensed chiro do?
Take Hx Conduct Neurological, Orthopedic, Physical exams. Mark x-rays Administer PT treatment (adequate supervision)
What CANT an unlicensed doc do?
Heart or lung exam
Consultation
Diagnose
Analyze findings of exam, Adjust
What is Adequate Supervision
DC in same facility 50% of time as unlicensed individual.
DC prepares written treatment plan
DC evaluates once every 30 days
What is Immediate Supervision
DC on premise at all times
Mandatory when exams are performed.
How many hours are required for Con Ed?
24 hours/year
How many hours required in Ethics for Con Ed?
2 Hours
How many hours are required in History, CMT, Billing/coding, exam, and diagnosis for Con Ed?
4 hours
What is an inactive license?
Somebody who doesnt do Con Edu, but pays the $250 every year
What is required to activate an inactive license?
Pay $250
Complete CE for single year (24 hours)
When is a license to be renewed?
Last day of licensees birth month.
If you find bodily injury on a patient, what must happen?
MANDATORY REPORTING made immediately to local law authority.
Failure to report for Mandatory Reporting (bodily injury) will result in_
<6 months in jail
Fine
If failure to report bodily injury results in death, what is the penalty?
<3 years in County Jail
Fine
If a peace officer uses justifiable force against a minor what happens?
Nothing, not considered abuse if its Justifiable
Is a homeless minor considered child abuse?
Nope
When must financial abuse be reported?
By phone ASAP
Follow up with written report within 2 days.
What is the fine for failing to report financial abuse?
Are unexplained bruises considered to be abuse, more so than if a patient tells you his pension checks were stolen by his daughter?
YES
How long must patient records be kept in office?
5 years IN OFFICE from date of LAST TREATMENT
Records maintained for 7 years according to state laws.
What is the definition of an inactive patient?
Somebody who has not been treated within the last 12 months.
How long must a minors records be kept?
At least 1 year after their 18th birthday (but at least 7 years)
Do records require the patients primary language to be listed?
Yes
What must be included on the patients records?
Name SSN Gender Height Weight Hx of complaint Diagnosis Signature of patient Signed informed consent Date of each visit.
If the board requests to inspect ACTIVE patient records, how soon must they be made available?
Immediately
If the board requests to inspect INACTIVE patient records, how soon must they be made available?
10 Days
A patient submits written request for their records, DC must comply in _ Days
15 days
If a patient finds a mistake in their records, a written addendum of mistake found shall be made of how long?
<250 words, kept in file.
A patient requests records to be COPIED. How soon do you have to give it to them? Can you Charge?
15 days (paid)
A request is made for records for public benefit program, how soon do they have to be sent?
Summary available within 30 days (free)
Is a DC required to provide copies or permit inspection of alcohol and drug abuse records?
Nope
Can Mental Health records be reported to an insurance company, if requested?
Yes
What is the level of safety that must be maintained with EHR?
To the EXENT OF HARD COPIES. Must be able to copy documents and ensure they are not alterable.
Can you disclose lab results electronically.
Yes, but results must be presented orally or in written form.
Can you post HIV results online.
NOT legal to post HIV test results unless submitted anonymously.
Punishment for Altering medial records?
FELONY
$200-$5,000
Imprisonment
What happens if you notice a patient is overbilled?
DC must reimburse patient within 30 days.
Failure to reimburse= unprofessional conduct
What are naming requirements for a chiropractic corporation?
At least one members last name
Chiropractic
Corporation
IF a Corporations shareholder dies or is disqualified for 90 days, what happens to their stock?
How soon?
Sold back to corporation or to remaining shareholders.
Within 6 months family must deal with it or ask for a 4 month extension.
What are advertising requirements?
Must used research based claims (“found to be”)
Cant say chiropractic is better than..
False advertising is punishable by _
Suspension fo license <1year
<6months in county jail
While advertising can you have runners, cappers, steerers, or other persons to procure patients?
Nope
If a free exam is advertised, what happens if diagnosis requires x-rays.
They have to be free unless the patient was notified before hand and has agreed to pay.
Can chiros have referral services?
Can you refer to a family member?
Yes, they must be approved by the board and referrals must be dispersed equally.
Only if a clearly disclosed sign is posted.
Violations result in misdemeanor,
What must be included in an Order of Abatement?
Nature and facts of violation.
Each violation shall be repoted in person or y US certified mail
Is a DC legally required to refer to a physician specializing in a condition of the DC detects a condition in a patient that is not within the DCs scope?
YES
How soon must address changes be filed?
Within 30 days
What is the punishment for excessive treatment?
Fine of $100-$600
and/or
60-180 days in join
What happens if you are deemed to be mentally or physically incompetent
License may be Revoked or Suspended or palced on Probation.
May be reinstated upon evidence of absence or control of said condition.
May be examined by one or more board approved physicians.
Unprofessional Conduct is defined as _
Gross Negligence
Is sexual acts with a patient unprofessional conduct?
Yes
What happens if applicant has conviction of MORE than ONE misdemanor or any felony involving the use, consumption, or self administration of any drug or alcoholic beverage, or both?
Board may decline issuance of license or suspend/revoke license.
Board recognizes specialties confirmed by _
ACA, ICA
Insurance fraud (including Work Comp/Medi-cal=
Punishment=
Felony
Cause for automatic suspension and revocation of license
When can a DC discuss employment opportunites
Only to a preceptor. NOT Student or prospective student.
If a long term patient comes to you after a work injury, what must happen?
You must report it to the employers insurance agency within 5 days
What is the consequence of treating a workers comp patient without prior approval
Forfeiture of payment.