Understanding the various sources of law can help OTs because then OTs:
a. Can focus on federal statutes because they are the most important, especially the Criminal Code of
Canada.
b. Can focus on provincial statutes because the province has constitutional authority over the regulation
of professions.
c. Will be more likely to identify an applicable legal duty.
d. Will understand that courts interpret and apply statutes, and have the final say - Answers The best
answer is (c). By ignoring any one source of law, an OT may overlook an applicable legal duty.
Extended health insurers are fed up with health care "billing fraud." As a group, they set a maximum
compensation rate of $30/hour for all practitioners other than dentists. OTs are angry about this ceiling,
and some of the OTs on Council bring a motion that the College establish a reasonable fee schedule for
OT
services. What approach should the College take?
a. Since the College establishes standards of practice including billing rules for OTs, it should establish a
suggested fee schedule.
b. The College acts to serve and protect the public. This is a professional self-interest matter better left
to
a professional association.
c. As an entity that values collaboration, the College can model this value by joining with all
stakeholders,
including insurers and professional associations, to work out an acceptable solution.
,d. Since the College is accountable to the Minister of Health and Long-Term Care, the Colleg - Answers
The best answer is (b). The College's public interest mandate prevents it from acting on behalf of the
profession on self-interest issues. This is the role of professional associations. Participating in this
initiative
would result in confusion as to who the College serves.
Tie, an OT, does home assessments for the Community Care Access Center (CCAC). A number of clients
have made complaints that his assessments did not result in the recommendations they had hoped for.
In his
written response to the Inquiries, Complaints and Reports Committee (ICRC), he says, "I call it as I see it.
If
clients don't like it, they can lump it."
Is Tie's response appropriate?
a. No, it will anger the clients and increase the likelihood that they will appeal the ICRC decision to
HPARB.
b. No, the response may reinforce the clients' concerns that Tie is not a careful, objective assessor.
c. No, the public appointees on the ICRC panel are sympathetic to clients and may be offended by the
response's abrupt tone.
d. Yes. Tie has the legal right to present his own defence as he sees fit. The ICRC panel cannot hold Tie's
advocacy style against him. - Answers The best answer is (b). The ICRC panel is usually made up of a
majority of OTs and some public members.
They consider all of the information before them, including how Tie responds to the complaint. Even if
the
panel concludes that Tie was technically justified in his recommendations, it could consider the manner
and tone of Tie's communication. The panel might be more inclined to take action, such as directing an
educational or remedial response (e.g., a caution in person, communication courses), if they sense that
Tie is
aggravating the clients' concerns.
,Why do public Council meetings and a Public Register setting out OTs' registration and discipline history,
as
well as consulting the public about new regulations and bylaws, exemplify transparent regulation?
a. They illustrate that openly regulating the profession inspires public confidence in the College.
b. The RHPA requires these activities to be done publicly.
c. They are different methods of providing public access (e.g., in person, website, written
communications).
d. They are all on the Public Register - Answers Answer (a) is the best answer. The underlying theme of
all of the College's transparent activities is that
significant regulatory action performed in front of an audience is more likely to serve the public interest
and
inspire public confidence.
Aleesha wonders if it is acceptable to provide occupational therapy treatment to pets. She searches the
College website and finds no standards, guides or regulations that speak to her question.
Should Aleesha conclude that:
a. No news is good news. If providing services to pets was an issue, there would be something about it
on the College website.
b. In the absence of a College regulation or standard, she should apply her best professional judgement.
c. Not every issue is specifically addressed in the College's regulations and standards. She needs to look
elsewhere for an answer.
d. If nothing is written, then unwritten standards of practice apply. She should consult with her peers on
the accepted standard of practice. - Answers Answer (c) is the best answer. The College website does
not cover every legal issue that an OT might face,
particularly if an issue is uncommon in occupational therapy practice. In fact, there is legislation dealing
with
the treatment of animals; the Veterinarians Act may well apply and is administered by another college.
How should OTs reconcile the "right to remain silent" with their duty to co-operate with the College?
, a. While OTs can remain silent, the College is then free to infer the worst about the OT's behaviour.
b. The College cannot force an OT to respond. However, it can discipline an OT who chooses to exercise
that right.
c. The right to remain silent is a popular misconception often seen in TV dramas.
d. Since the role of the College is to protect the public and not to punish OTs, OTs are expected to
cooperate
with the College. - Answers Answer (d) is the best answer. It addresses the key reason why OTs are
expected to co-operate with the
College.
What should an OT do if a client asks him or her for a date?
a. Ask the client to repeat the request once the services are completed.
b. Accept the request if the OT wants to date the client, but tell the client that they cannot have sex.
c. Explore with the client other people who the client could date.
d. Explain that it is inappropriate for an OT to date his or her client. - Answers Answer (d) is the best
answer. OTs need to approach all client relationships on a professional level and not
allow themselves to dwell on other possibilities. While you could respond that OTs are "not allowed" to
date
clients, that would send the message that the OT would like to date the client if he or she could, which
might
confuse and even harm the client.
An OT must report the sexual abuse of a client in which of the following circumstances:
a. Only if the OT personally observes the sexual abuse.
b. Only if the OT believes that the sexual abuse likely occurred.
c. When a client consents to a sexual abuse report being made in writing.
d. When reasonable grounds to believe that sexual abuse has occurred are obtained in the course of the
OT's practice. - Answers Answer (d) is the best answer. During the course of an OT's practice, if the OT
has reasonable grounds to