COKO JURISPRUDENCE MODULES 1-5 QUESTIONS AND ANSWERS

COKO JURISPRUDENCE MODULES 1-5 QUESTIONS AND ANSWERS 6 Public safeguards - Correct Answer-1) Public members 2) College Government (2 bodies: Fairness commissioner and Minister for Health and LTC) Council meetings and discipline hearings Committee decisions Ontario Minister of Health and Long-term Care Duties of a kinesiologist - Correct Answer--honesty -good service -explain what you're about to do -ask for consent -cooperate with college -obey laws -collaborate w/ health professionals --respect colleagues --share info --attempt to coordinate treatment --make compromises --put best interest of patient 1st --receive consent duties of patients/clients (interprofessional collab) - Correct Answer--control extent of inter collab -may direct kins not to share personal health info -some exceptions Duties of COKO - Correct Answer--develop policies to ensure kins act honestly and competently -NOT to serve with self-interest (that's OKA) -NOT to set fees or advocate to government for kins -promote interprofessional collab -works w/ other health colleges by sharing info on investigations and developing standards to promote consistency -helps kin's collab RHPA - Correct Answer-Regulated Health Professions Act -requires COKO to promote interprofessional collaboration OKA - Correct Answer-Ontario Kinesologists Association -serve kins with self-interest Duties of council members - Correct Answer--loyalty and good faith -serve best interests of public Code of ethics - Correct Answer-*takes precedence over codes of other orgs -be honest -respect confidentiality -treat ppl w/ sensitivity -maintain competence -enable patients to make informed choices Professional Standards - Correct Answer--help practice safely, ethically and competently -always changing professional misconduct - Correct Answer--conduct falls below expectations -e.g. practicing while not registered -consequences: --investigation by COKO leading to: ---discipline proceedings ---fines ---suspension/revocation of registration incompetence - Correct Answer--serious lack of knowledge, skill or judgement when assessing/treating incapacity - Correct Answer--health condition preventing clear thinking and safe practice -investigated by COKO and then Fitness to Practice Committee *not professional misconduct Informed consent - Correct Answer-an ethical principle that research patients be told enough to enable them to choose whether they wish to participate in the assessment/treatment *must be received or face criminal, civil or professional conseqs effective communication - Correct Answer--listening -asking clarifying qs -clearly expressing what you are going to do, why and what is likely to happen effective communication is important for 4 reasons: - Correct Answer-1)Informed consent Boundaries and sexual abuse Interprofessional collaboration Billing 4 criteria for valid consent (FIVS) - Correct Answer-FACTUAL: -no false claims, would be misrepresentation or fraud INFORMED: -explain everything they need to know before asking for consent -must be aware of: --nature of assessment/procedure (e.g. is there any touching involved) --who will perform the procedure --reasons for procedure (potential benefits and conseqs of not doing it) --material risk and side-effects (s/t patient would want to know) --alternative procedures (must be told) --relevant personal concerns (if procedure would violate religious beliefs) VOLUNTARY: -can't be forced/coerced into consenting -emphasize it is their decision and they can't be pressured SPECIFIC: -consent obtained before each assessment or procedure -can't ask for broad/"blanket" consent -every proposed treatment must be fully explained to patient 3 ways of receiving consent - Correct Answer-written verbal implied written consent - Correct Answer--person knowingly, without duress or coercion, clearly and explicitly consents to the proposed therapy in writing with a signature -when s/o who hasn't understood doc still signs, it isn't consent -may discourage both kin and patient from asking questions verbal consent - Correct Answer--best way to ensure patient understands -good to make a note of consent in patient records implied consent - Correct Answer--consent through actions (nodding) -actions may be misunderstood -not actual consent Patient is incapable of consent when... - Correct Answer--does not understand they info -does not appreciate the consequences fo the decision -may be capable of giving consent for one procedure but not another -if incapable: --tell patient --advise who substitute decision maker will be --include patient in discussions (AMAP) Substitute Decision Maker - Correct Answer-A person who is authorized under this PHIPA to consent on behalf of the individual to the collection, use or disclosure of personal health information about the individual. If they are not following the rules, kind should: -1)Speak to substitute decision-maker -2) Call the office of the Public Guardian and Trustee (contact info online) Characteristics of a Substitute Decision Maker - Correct Answer--at least 16 yrs (exception of parent of a patient) -be capable -be able and willing to act for patient -act in best interests of patient -- act with last wishes in mind -be highest ranking available substitute Ranking of substitute decision makers - Correct Answer-1) court-appointed guardian a person appointed attorney for personal care person appointed by Consent and Capacity Board Partner or spouse Child or parent of patient or Children's Aid Society which has been given the wardship of client Non-custodial parent Brother or sister Any other relative public guardian/trustee (makes the decision if there are 2 equally ranked substitute decision-makers who can't agree Exceptions to informed consent - Correct Answer-1) client/patient is incapable and a delay in treatment would cause suffering/serious bodily harm Communication barrier and a delay in treatment would cause suffering/serious bodily harm -try to get consent ASAP -find substitute decision maker or way to communicate