UK (RCC) Legislation Flashcards
Treat patient’s fairly & without discrimination
The Equality Act (2010)
Age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity (inc. breastfeeding), race, religion or belief, sex or sexual orientation.
Protected Characteristics
Discrimination means…
You should not treat one person less favorably than another on the grounds of one or more protected characteristic
Under the Equality Act you, as a chiropractor, can NOT refuse to ________ OR ________ on the grounds of a protected characteristic
Take on a patient OR continue treating them
Protect children from harm, ensure their health and wellbeing and make sure that children’s views and interests are recognized
The Children Act (2004)
Child is…
Under 18 years old
A young Person is….
16/17 years old
Under the Children’s Act you have a duty to ______ in order to make sure children are properly looked after
co-operate with other organisations (local authority, police, other healthcare providers)
Report concerns regarding a child to… x2
Local Council
NSPCC
What is the NSPCC. What is it for?
National Society for the Prevention of Cruelty to Children.
Useful for when you suspect abuse but are unsure OR to report abuse in confidence.
What to do if a child reports abuse?
Listen carefully. Reassure that they’ve done the right thing. If old enough, explain that you need to report. Report quickly.
What is the consequence of not reporting abuse?
Subject to a GCC disciplinary hearing or held to account if there is an enquiry.
What is Safeguarding?
protecting peoples rights to live safely and be protected from abuse or neglect
promoting adults wellbeing and making sure their feelings, wishes, and beliefs are taken into account
Requires local authorities to set up Safeguarding Adults Boards to help and protect adults in their area
The Care Act (2014)
A person who is or may be in need of community care services by reason of disability, age or illness; and is or may be unable to take care of or unable to protect him or herself against significant harm or exploitation
A Vulnerable Adult
Establishes the Care Quality Commission (CQC).
The Health and Social Care Act (2008)
Monitors safeguarding arrangements for people using health and social care services, to ensure that children and vulnerable adults are kept safe.
The Health and Social Care Act (2008)
Do chiropractors need to register with the CQC?
Not normally
You have a responsibility towards all people who work and visit your clinic, including patients, to ensure that the facilities are safe.
The Health and Safety at Work etc Act (1974)
Who enforces the Health and Safety at Work act?
The Health and Safety Executive (HSE)
If your clinic has more than ___ employees you must have a /written/ Health and Safety Policy
5
You [may/may not] decide that you have the necessary skills and expertise to manage Health and Safety for your clinic?
MAY
According to the HSE you must, by law, have ______ arrangements in place in your clinic. This means at minimum you must provide ______ & someone who is responsible for it.
first-aid arrangements
provide a properly stocked first-aid box
According to [H&SatW] if you employ anyone you must display ______.
The Health and Safety poster somewhere prominent in your premises.
You must protect yourself and others from disease… by controlling infectious micro-organisms in the workplace
The Control of Substances Hazardous to Health (COSHH) (2002)
Control of infection relies on…. x2
- good occupational hygiene (handwashing, covering open wounds)
- good environmental hygiene (cleaning surfaces regularly)
If there is a cost for vaccination, under Health and Safety law, the employer must…
pay for it
Regulations governing the use of ionising radiation.
The Ionising Radiation (Medical Exposure) Regulations [IR(ME)R]
The IR(ME)R requirements apply….
regardless of practice size
Four classes of duty holder under IR(ME)R
- Employer
- Referrer
- Practitioner
- Operator
Under IR(ME)R the employer has the responsibility to…
ensure written procedures are in place for identifying patients, checking for pregnancy/breastfeeding, ensure quality assurance, assess dosage and reference levels
Under IR(ME)R the referrer is... Provide what?
a registered healthcare professional entitled to refer individuals for exposure.
Provides sufficient medical data to decide whether there is a net benefit to exposure as well as radiograph type, indication of dose, clinical diagnosis/reason for xray.
Under IR(ME)R the practitioner is... makes sure...
a registered healthcare professional who can take responsibility for and justify an individuals exposure.
makes sure the dose is as low as is reasonably possible
Under IR(ME)R the operator will…
carry out duties such as ID patients, carry out exposures, process films and plates, evaluate exposures, and quality assuring equipment.
Does not have to be a registered health care professional
Both the ____ & ____ have the responsibility to justify the exposure
referrer and the practitioner
the documentation that justification has been carried out and will usually be a signature or computer entry in the patient’s notes or on the referral form
Authorisation
Optimisation is…
making sure the radiation dose for any exposure is kept as low as possible.
Both the ___ & _____ have the responsibility to make sure the exposure is optimized
practitioner and the operator
A _____ exposure is one taken for legal insurance purposes without a direct medical purpose
medico-legal exposure
If overexposure occurs as a result of ________; the Health and Safety Executive must be informed
faulty equipment
The ability to make decisions for oneself
Capacity
To have “Capacity”, someone must be able to: x4
- Understand the information
- Retain the information
- Use that information as part of the decision making process
- Communicate his/her decision
The legal framework for supporting people who are unable to make all or some decisions for themselves
The Mental Capacity Act (2005)
The Mental Capacity Act
Principle 1
A person must be assumed to have capacity unless it is established that he lacks capacity
The Mental Capacity Act
Principle 2
A person is not to be treated as unable to make a decision unless all practicable steps to help him to do so have been taken without success
The Mental Capacity Act
Principle 3
A person is not to be treated as unable to make a decision merely because he makes an unwise decision
The Mental Capacity Act
Principle 4
An act done, or decision made, under this Act… must be in in his best interest
The Mental Capacity Act
Principle 5
Before the act is done… ensure there is no other way to perform the act with less restriction of the person’s rights or freedom of action.
Determining capacity
- is there a disturbance in brain function (drugs, learning disabilities, dementia, etc)?
- Have all practical and appropriate support to help them make the decision failed?
Decision makers for those w/o capacity…
carers, family members, or those with legal powers of attorney/Lasting Power of Attorney.
LPA has access to patient’s personal correspondance and papers and access personal information.
Ways in which data must be protected, who can access the data, and what rights people have regarding the information which is held about them.
The Data Protection Act (1998)
The Information Commissioner promotes…
good practice in relation to data protection, as well as dealing with complaints and taking regulatory action.
What data is covered under the Data Protection Act?
All data relevant to a chiropractor’s office
Personal data shall be processed _____ & ____, and- in particular- shall ___________;
a. at least one of the conditions in 2 is met and
b. in case of sensitive personal data, at least one of the conditions in 3 is met
fairly & lawfully;
shall not be processed UNLESS
DPA (1)
Personal Data is obtained only for one or more _________ and not ____________.
specified lawful purpose
and not in any matter incompatible with that purpose.
DPA (2)
Personal data shall be _____, ____, & _____ for the purpose it’s requested
adequate, relevant, & non-excessive
DPA (3)
Personal data shall be ______ & ______
DPA (4)
accurate & up to date
DPA (4)
Personal data shall not be ________
not be kept longer than is necessary
DPA (5)
[8 years after last appointment or death;
25 bday if child; 26 bday if y.adult]
Personal data shall be processed _________ with rights under this Act
in accordance
DPA (6)
Appropriate measure taken against _________ OR _______ to personal data
unauthorized/unlawful processing
OR loss/destruction/damage
DPA (7)
Personal data shall not be transferred out of _________ unless adequate levels of personal data protection are in place
European Economic Area
DPA (8)
How long do you have to reply to an email request for a patient’s personal file?
40 days
You must be registered with the….
ICO as a Data Controller
