Disability & Legislation Flashcards

1
Q

Provide examples of groups seen by special care dentists

A
  • learning disability
  • physical disability
  • mental health problem
  • homeless, refugee, asylum seekers
  • medically compromised
  • older people
  • people requiring behavioural management techniques
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2
Q

What is an impairment?

A
  • loss or abnormality of physiological, psychological or anatomical structure or function at the level of the organ or systems function
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3
Q

What is a disability?

A
  • any restriction or lack of ability to perform an activity in the manner or within the range considered to be normal for a human being
  • functional performance or activity as a result of an impairment
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4
Q

What is a handicap?

A
  • a disadvantage for an individual resulting from an impairment or a disability that limits the fulfilment of a role that is normal for that individual
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5
Q

What legislation is important in special care dentistry?

A
  • The Human Rights Act 2000
  • Disability Discrimination Act 2005
  • The Equality Act 2010
  • The Adults with Incapacity Act (Scotland)
  • NHS terms of service
  • GDC
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6
Q

What is the Equality Act 2010?

A
  • legally protects people from discrimination in the workplace and in wider society
  • provides legal framework to protect the rights of individuals and advance equal opportunity for all
  • discrimination law which protects individuals from unfair treatment and promotes a fair and more equal society
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7
Q

What are the 9 protected characteristics?

A
  • age
  • disability
  • gender reassignment
  • marriage or civil partnerships
  • pregnancy and maternity
  • race
  • religion or belief
  • sex
  • sexual orientation
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8
Q

What are the different types of discrimination?

A
  • direct
    • treating someone with a protected characteristic less favourably than others
  • indirect
    • putting rules or arrangements in place that apply to everyone
    • put someone with a protected characteristic at an unfair disadvantage
  • harassment
    • unwanted behaviour linked to a protected characteristic
    • violates someones dignity
    • creates an offensive environment
  • victimisation
    • treating someone unfairly because they have complained about discrimination or harassment
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9
Q

Where does the Equality Act 2010 provide protection?

A
  • at work
  • in education
  • as a consumer
  • when using public services
  • when buying or renting property
  • as a member or guest of a private club or association
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10
Q

What does the Equality Act 2010 define as a disability?

A
  • having a physical or mental impairment that has a substantial and long term negative effect on your ability to do normal daily activities
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11
Q

What oral health inequalities are evident as a result of disability?

A
  • increased edentulous rate
  • increased pain experienced
  • increased psychological discomfort
  • poorer oral hygiene (physical difficulty/xerostomia)
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12
Q

What are the legal duties detailed by the Equality Act 2010?

A
  • to make reasonable adjustments to reduce the barriers that may affect people accessing care
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13
Q

What reasonable adjustments can be made to reduce barriers?

A
  • change the way things are done
  • change a physical feature
  • provide extra aids or services
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14
Q

What are the 5 domains of overcoming barriers?

A
  • accessibility
    • geographical location
    • specific facilities may be required
    • domiciliary services are limited
  • accommodation
    • the relationship between the organisation of services and the patient’s needs
    • transition between services
    • timing and length of appointments
  • affordability
    • direct cost of dental treatment
    • indirect costs such as transport, prescriptions and loss of earnings
  • acceptability
    • what is deemed acceptable varies between patients
  • available
    • lack of suitable available services can discourage patients
    • availability of GA, sedation and specialists is limited
    • prolonged waiting lists act as barriers
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15
Q

What is advocacy?

A

-advocates help people get support from another person to help express their views and wishes

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16
Q

What is the Adults with Incapacity Act (Scotland) 200

A
  • introduced to protect individuals (aged 16 and older) who lack capacity to make some or all decisions for themselves and to support their families and carers in managing and safeguarding the individuals welfare and finances
17
Q

How is capacity determined?

A

Acting
Making decisions
Communicating decisions
Understanding decisions
Retaining the memory of decisions

18
Q

What is the Patient Right’s Act?

A
  • respect of the rights of patients as well as carers and those who deliver NHS services
    • establishment of Patient Advice and Support Service (PASS)
    • provides free, accessible and confidential information, advice and support to patients, carers and families
  • everyone has the right to healthcare that
    • considers their needs
    • considers what would most benefit their health and wellbeing
    • encourages them to take part in decisions and provides information to support doing so
19
Q

What is detention?

A
  • emergency detention certificate allows a person to be held in hospital for up to 72 hours
    • only under recommendation of a doctor
  • short term detention required recommendation by a psychiatrist
20
Q

What is a compulsory treatment order?

A
  • CTO allows for a person to be treated for their mental illness