BC Jurisprudence exam Questions and Answers 2023

BC Jurisprudence exam Questions and Answers 2023 CCALA Community Care and Assisted Living Act CFCSA Child, Family and community service act FOIPPA Freedom of Information and Protection of Privacy Act HCCCFAA Health care consent and care facility admission act HPA health professions act PIPA Personal Information Protection Act List profession duties duty to be honest with patients duty to provide good service duty to tell px what they are going to do ask for px consent duty to be polite work with fellow practitioners work with regulatory college to protect the public What does it mean for an activity to be regulated? the law imposes restrictions on the activity to ensure the public are not harmed and actually benefit from it What does self regulation mean? government has made a statue (act) giving duty to regulate the profession to a separate body (college), the majority of whose board is elected by the profession What is the mandate of the college? serve the public interest the college has a duty to serve and protect the public under what act? The Health Professions Act How much notice must the college provide for proposed bylaws or amendments? 3 months What fraction of the board and committees of the college must be made of the public 1/3 -Being honest -respecting confidentiality -behaving with sensitivity -maintaining competence -allowing px to make informed choices are part of what? Code of Ethics The college is authorized by the HPA to create bylaws that establish standards of professional ethics for its members. Schedule A of the college bylaws contains_________. Schedule B contains __________. A: College Code of Ethics B: General Standards of Practice Define practice standards describe the way in which practitioners practice their profession Define professional misconduct conduct that falls below the minimum expectations of a safe and ethical practitioner Define incompetence where a practitioner demonstrates a lack of knowledge, skill or judgement when assessing or treating a patient Define incapable they have a health condition that prevents them from practicing safely What does it mean for an activity to be regulated? ... What act prohibits any practitioner from providing care without consent? HCCCFAA (Health care consent and care facility admission act) What are the requirements for patient consent (5)? 1. Relate to the proposed health care and treatment 2. be specific (no blanket consent) 3. be informed 4. voluntary 5. no misrepresentation or fraud to be informed, consent must include the following (7): 1. nature of the tx or assessment 2. who will be doing procedure 3. reasons for procedure 4. material risks and side effects 5. alternatives to procedure 6. consequences of not having the procedure 7. particular patient concerns What are the 3 ways of receiving consent? 1. verbal 2. written 3. implied what are the requirements of a substitute decision maker (4)? 1. at least 19 2. must themselves be capable 3. able and willing to act 4. no higher ranked substitute available Who may make decisions on behalf of a patient? - personal guardian - representative - substitute decision maker Rank possible substitute decision makers from highest to lowest: 1. court appointed guardian 2. person appointed by the patient to be an attorney for personal care (signed document) 3. spouse or partner (marriage-like relationship) 4. child 5. parent 6. brother or sister 7. grandparent 8. grandchild 9. anyone else related to the patient by birth or adoption 10. close friend 11. person immediately related through marriage 12. public guardian & trustee Who makes the decision if two equally ranked decision makers cannot agree? Public guardian & trustee What are the rules that a substitute decision maker must follow (2)? 1. act in accordance with last known wishes of px 2. act in the best interest of the px List the areas where practitioners need to be very cautious to maintain professional boundaries: (8) 1. Self disclosure 2. Giving or receiving gifts 3. Dual relationships 4. ignoring established customs 5. personal opinions 6. becoming friends 7. touching and disrobing 8. sexual misconduct Is sexual contact appropriate if the px consents? NO What is the name of the committee in the college that establishes a patient relations program that aims to prevent professional misconduct? Patient Relations Committee What will happen if there is a finding of sexual misconduct? - reprimand - pay costs - lose the right to practice (for a period of time or indefinitely) What should a practitioner do if they begin to develop romantic feelings towards a px? Put a stop to it and immediately transfer the px to another practitioner Is dating a former px sexual misconduct? No, but it can still be unprofessional and there must be an appropriate "cooling off" period Who controls the extent of inter-professional collaboration? the px T/F: the college sets fees for practitioners to charge F T/F: px must be told the amount of the practitioner fees before the service is provided T T/F: a practitioner must provide an itemized bill for any px who asks T No fee can be billed when no service was provided. What are the exceptions to this? 1. px misses an appointment 2. cancels the appointment on very short notice * provided the px is notified in advance that cancellation fees may apply T/F: practitioners may offer a reduction in the amount of a bill if it is paid immediately F T/F: A practitioner may not charge interest on overdue accounts even though there is a cost to practitioners in collecting them F: a practitioner can charge interest in overdue accounts because there is an actual cost to practitioners in collecting them T/F: Services provided by a practitioner to himself or family members are covered by MSP F What does MSP stand for? medical services plan List the sources of law and explain the differences between them 1. Statutes (Acts): Charter of Rights and Freedoms, Human Rights Code, HPA, HCCFAA 2. Regulations: made by the minister of health services; The TCMP and Acupuncturists Regulation 3. Bylaws: proposed by the college board and require the approval of the health minister; deal with the internal operations of the college and obligations of practitioners; professional liability insurance, info practitioners must provide etc. 4. Case Law: important in guiding the procedure of college committees; court decisions are used as a guide by lawyers and judges when similar issues arise in the future. 5. Guiding Documents: college publishes official documents; practice standards; help practitioners interpret the law What is the HPA? Health professions Act -sets out the duties and responsibilities of the minister of health services and the colleges. -reporting obligations of practitioners -lists the bylaws the colleges have the authority to make -processes for reviewing decisions T/F: Scope of practice statements do not exclude other regulated professions or unregulated persons from providing services that fall within a particular professions scope of practice T Define scope of practice what each professions does and how they do it define restricted activities list of invasive, high risk activities that must not be performed by any person except members of a regulated profession that has been granted specific authority to perform these activities What are standards, limits and conditions in relation to restricted activities identify the terms under which restricted activities can be performed standards: required level of performance (ex: consent) limits: specify the limitations on what the practitioner may do (ex: putting wax in the ear canal up to the ear drum) conditions: circumstances required for a practitioner to perform a restricted activity (ex: certification) T/F: If a person is not from one of the approved health professions, they cannot use the title (Dr.) in a clinical setting even if the person has earned a doctoral degree T T/F: practitioners can use titles or designations inferring specialist status or certification F: Practitioners are free to describe their areas of practice so long as it does not imply specialist status or certification Both the ______ and ______ provide immunity to practitioners who make a mandatory report in good faith 1. HPA 2. case law T/F: mandatory reporting create an exception to the practitioners duty of confidentiality T T/F: a written report of sexual misconduct cannot contain the px name unless the patient agrees IN WRITING that the name can be included. T Who do you report sexual misconduct to? Written report to the Registrar of the College to which the practitioner belongs T/F: A practitioner must report to the College if they terminate the employment of another health care provider, revoke, suspend or impose restrictions on a provider, or dissolve partnership or association with that person. The practitioner must make a report even if the person quits or resigns first. T The HPA requires that the public have access to certain info about practitioners (6): 1. name 2. business address and telephone number 3. name, business address and telephone # of each professional corp 4. class of registration 5. any limits or conditions on registration 6. Cancellations or suspensions of registration