Flashcards in Chapter 21 - Legal and Ethical Issues Deck (40)
What level of government has jurisdiction over food and drugs, including health products?
What level of government is responsible for delivery of health care?
What level of government is responsible for legislation with respect to health care professionals?
What is post-marketing surveillance for?
Looking for long term safety and rare side effects.
What is the primary reason to regulate NHPs?
The government has historically regarded most NHPs as...
What would be the downside to asking NHPs to be tested to the same rigor as pharmaceuticals?
It would cost more and take more time.
Why is labelling on NHPs important?
Consumers deserve relavent information about products available for purchase.
What types of research should be acceptable regarding the efficacy of NHPs and their interactions with conventional medicine?
At the least, good quality RCTs.
Regulation of CAM practitioners are needed to protect the public from...
incompetent and unethical individuals
Regulation of CAM practitioners allows the public to determine if they are dealing with a ___ practioners.
3 forms of regulation
2. Through Common Law
Laws passed by parliament or provincial legislature that addresses specific issues.
What method is usually used to regulate OM professionals?
3 methods of statutory regulation in Canada
1. Exclusive scope of practice
2. Controlled Acts
3. Title Protection
Exclusive scope of practice
Only registered members of a particular profession can provide the services that have been established as within their exclusive scope of practice.
What do Controlled Acts do?
Create a list of controlled acts.
If a health service is not listed in the list of controlled acts then ___ may provide it.
Only registered members of a health profession may use a particular title.
How does title protection help consumers?
Consumers will know that individuals with certain titles are regulated and have met certain standards of relevant competency.
Statutory regulation clarifies what ___ will be required before a practitioner can be registered as a member of a profession or discipline.
Regulated practitioners are usually required to carry ___ insurance.
Law developed by judges through decisions of courts rather than through legislative statues.
Common law is based on...
What is the highest level of court?
Supreme Court of Canada
Four elements of informed consent
2. Informed Consent
If a patient cannot consent, the decision can be left alone until later, or a decision can be made by a surrogate.
The capacity of adults to make decisions for themselves.
What must physicians discuss with a patient in terms of what a reasonable person in the patient's circumstances would want to know?
Patient's diagnosis. Nature and purpose of proposed treatment. Any material risks. Possible outcomes if treatment is taken or refused. Reasonable alternatives. Conflicts of interest. And any other relevant information.