Chapter 21 - Legal and Ethical Issues Flashcards Preview

HSCI 1140 - CAM > Chapter 21 - Legal and Ethical Issues > Flashcards

Flashcards in Chapter 21 - Legal and Ethical Issues Deck (40)
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1

What level of government has jurisdiction over food and drugs, including health products?

Federal government.

2

What level of government is responsible for delivery of health care?

Provincial.

3

What level of government is responsible for legislation with respect to health care professionals?

Provincial.

4

What is post-marketing surveillance for?

Looking for long term safety and rare side effects.

5

What is the primary reason to regulate NHPs?

Safety

6

The government has historically regarded most NHPs as...

inherently safe.

7

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.

8

Why is labelling on NHPs important?

Consumers deserve relavent information about products available for purchase.

9

What types of research should be acceptable regarding the efficacy of NHPs and their interactions with conventional medicine?

At the least, good quality RCTs.

10

Regulation of CAM practitioners are needed to protect the public from...

incompetent and unethical individuals

11

Regulation of CAM practitioners allows the public to determine if they are dealing with a ___ practioners.

qualified

12

3 forms of regulation

1. Statutory
2. Through Common Law
3. Self-regulation

13

Statues

Laws passed by parliament or provincial legislature that addresses specific issues.

14

What method is usually used to regulate OM professionals?

Statues

15

3 methods of statutory regulation in Canada

1. Exclusive scope of practice
2. Controlled Acts
3. Title Protection

16

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.

17

What do Controlled Acts do?

Create a list of controlled acts.

18

If a health service is not listed in the list of controlled acts then ___ may provide it.

anyone

19

Title Protection

Only registered members of a health profession may use a particular title.

20

How does title protection help consumers?

Consumers will know that individuals with certain titles are regulated and have met certain standards of relevant competency.

21

Statutory regulation clarifies what ___ will be required before a practitioner can be registered as a member of a profession or discipline.

training

22

Regulated practitioners are usually required to carry ___ insurance.

malpractice

23

Common Law

Law developed by judges through decisions of courts rather than through legislative statues.

24

Common law is based on...

precedents

25

What is the highest level of court?

Supreme Court of Canada

26

Four elements of informed consent

1. Capacity
2. Informed Consent
3. Voluntariness
4. Deferability

27

Deferability

If a patient cannot consent, the decision can be left alone until later, or a decision can be made by a surrogate.

28

Capacity

The capacity of adults to make decisions for themselves.

29

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.

30

Should OM physicians have an obligation to refer patients to CAM practitioners?

No, this is not necessary if the alternative would be of no benefit to the individual.