Law and Health Care Flashcards
(45 cards)
1
Q
constitutional law
A
- charter of rights and freedoms
- freedom of conscience and religion
- freedom of though, belief, opinion, and expression, including freedom of the press and other media of communication
- freedom of peaceful assembly
- freedom of association
2
Q
statutory law
A
- passed in parliament or provincial legislature
- federal ex: immigration, taxation, divorce
- provincial ex: education, family, health care
3
Q
regulatory law
A
- subordinate legislation
- not passed in parliament or legislature
- delegated department or group of people create regulations that are legally binding
- authority/responsibility to create regulations is assigned through an Act
- Act must clearly outline authority to implement regulations
4
Q
common law
A
- all provinces/territories except Quebec
- not established within legislature or formally written
- results from decisions of the courts (case law)
- may govern in Federal court of Canada which operated in all provinces/territories including Quebec
5
Q
civil law
A
- Quebec only
- based on the French Code Napoleon or Civil Code
- relies heavily on written law
- judges often refer to previous case decision and interpret written law
6
Q
public law
A
- matters between individual and society as a whole
- criminal, tax, constitutional administrative, human rights
- may vary between jurisdiction
7
Q
private law
A
- matter concerning relationships between people or entities
- contract and property, inheritance, family, tort, corporate
8
Q
intentional tort
A
- harmful act is deliberate
- physical aggression
- forcing unwanted care
9
Q
unintentional tort
A
- act caused physical or emotional injury or property was damaged, but was not deliberate
- human error
- misjudgement
- negligence
10
Q
negligence
A
- malpractice or professional misconduct
- when a health care provider unintentionally fails to meet the standards or care required of their profession
- when a duty of care owed a person is not complete
11
Q
duty of care
A
- starts as soon as professional relationship begins
- professional standards
- HCPs are held more accountable
- HCPs will face litigation if duty was proven to not be fulfilled
- facilities can be held responsible to substandard care
- litigation considers that standard of competency that a reasonable person possessing the required competencies is expected to meet
- standard must be met by all members of professional association
12
Q
criminal law
A
- federal legislation with a few exceptions
- Criminal Code of Canada
- crime against people/property and those deemed intolerable with society
- guilt= performance of a wrongful act + with wrongful intent
13
Q
government jurisdiction
A
- authority over specific designated geographic and legislative areas
- possesses the right to draft, pass, and enact laws within its area of authority
14
Q
federal
A
- enforced Canada Health Act
- provides financial support to provinces & territories
- specific populations (indigenous, federal inmates, military)
15
Q
provincial
A
- health care
- hospital, long term care, home care
16
Q
federal laws and regulations
A
- oversees certain components of health care activity covered under the Criminal Code of Canada
- can establish prohibitions and penalties when violations occur
- authority to pass legislation to over-ride provincial/territorial (emergency matters, national concern)
17
Q
occupational health and safety legislation
A
- OHS
- the right to be aware of potential safety and health hazards
- the right to take part in activities aimed at preventing occupational accidents and diseases
- right to refuse to engage in dangerous work without jeopardizing their job
18
Q
workers compensation board
A
- WCB
- works directly with CCOHS
- assists injured employees (wage replacement, rehab, training)
- legislation is provincial/territorial
19
Q
workplace hazardous materials information system
A
- WHMIS
- legislation overseen by CCOHS
- hazardous products act and controlled products regulations
- applies to all Canadian workplaces
- enforce federally and provincially
20
Q
controlled drugs and substances act
A
- categories of drugs called schedules
- drugs grouped according to its properties and potential for harm
21
Q
dispensing controlled drugs
A
- most jurisdictions require double lock
- most hospitals controlled drugs are electronically dispensed
- each dose recorded
- may be dispensed by RN or LPN
22
Q
prescribing controlled drugs
A
- only for legal, therapeutic purposes
- be alert to potential drug seeking behaviours
- prescribing or narcotics (combined provincial, federal and territorial legislation)
- commonly misused drugs (opioids & benzodiazepines) have addictive properties and often sold illegally
23
Q
opioid crisis
A
- high number opioid related overdoses & deaths in Canada
- joint action between all levels of govt and stakeholders
- goal to improve treatment, prevention, and harm reduction strategies
- reading for more info
24
Q
prescription drug safety
A
- watch for repeat requests from same person or unfamiliar patients with unusual stories
- if prescriber suspects drug misuse, they should take action (treatment with another medication, repairing suspected criminal action)
- if prescribed too liberally, prescribers practice may be reviewed
- prescribers & pharmacies must keep detailed records
- patients must present original signed prescription to pharmacy
25
Cannais in Canada
- recreational use legalized in 2018
- shared responsibilities between federal and provincial govt
- cannabis act covers production, distribution, sale, and possession of cannabis for recreational use
- policies and procedures for medical use remain unchanged (access to cannabis for medical purposes regulations)
- realties especially for people distributing to younger people
- reading for more info
26
federal role in cannabis
- determines type and size of products to be sold
- approves packaging and advertising
- potency in products
27
provincial/territorial role in cannabis
- difference in regulation among provinces/territories
- license and regulate distribution and sale
- determine min age for purchase
- sets limits for personal possession
- rule for home-grown cannabis
28
health Canada emergency powers
- federal govt has power to enact laws to manage health related emergencies
- recent experiences made changes to quarantine act necessary
- global society (air travel, import/export of food items)
29
quarantine act
- complement international health regulation
- better prepare authorities to deal with threats and risks to global public health
- federal govt can: divert aircraft/cruise ships to alternative landing/docking location, designate quarantine facilities, restrict of prohibit travellers
- environment health officers & screening officers
30
international health regulations
- IHR
- strategies to prevent global outbreaks of infectious diseases to minimize disruption to world economy
- provides ways to identify global public health emergency and outline measures for quick gathering and distributing information and global warnings
31
health care right: Canada health act
- all jurisdictions are expected to abide
- all jurisdictions do comply=health care is a legal right
- limited by principles and conditions CHA
- interpretation of CHA leads to variances in its application between jurisdictions
32
health care right: Canadian constitution
- jurisdictional divisions of power mean federal government cannot legally force
- federal government can leverage funding power
33
medically necessary
- insured for health care that is deemed medically necessary by providers for their health and well-being
- decreasing financial & Human Resources impact the interpretation
- strained resources=long wait times
- some Canadians have turned the the charter of rights and freedoms to gain access
34
Canadian Charter of rights and freedoms
- guarantees certain rights & freedoms
- does not specify health care
- demands health care be provided to all persons equally and fairly
- section 7 and 15 challenged with regards to health care
35
advanced care directives
- instructions outlining wishes regarding health care decisions when no longer able to speak for self
- prepared by individual at least 16 years old and mentally competent
- must be honoured by HCPs
- physicians can disregard decisions of patients substitute decision maker if decision is made against patients wishes
36
instructional advanced care directives
- specific or general
| - specific instructions are detailed and explicit outlining individuals wishes
37
proxy advanced care directives
- general instructions include principles to be followed
| - decision maker has power to make decisions on a situational basis
38
medical assistance in dying
- MAID
- 2 sections of criminal code struck down (helping someone end life, requesting assistance to end ones life)
- provincial & territorial variances
- anticipated challenges (criteria of sound mind and advanced decision making for people with dementia)
39
provincial & territorial variances in MAID
- interpretation and application of law
- related training for physicians/nurse practitioners
- application and approval process
- protocols leading up to and actual procedure
40
pathway for providing MAID step 1
- determining eligibility
- only NPs or medical practitioners can provide and determine eligibility
- nurses should check record for written request and provide info to client on request
- MAID should not be encouraged
41
pathway for providing MAID step 2
- ensuring safeguards are met
- ensure person is informed
- confirmed by medical practitioner
- 10 days between request and MAID
- give opportunity to withdraw
42
pathway for providing MAID step 3
- providing and aiding in MAID
- administer medication to a person or prescribe the medication and have them take it themselves
- review with client
- ensure all conditions have been met
- nurse is not allowed to provide medication under any circumstance
43
pathway for providing MAID step 4
- filing information and reporting requirements
- complete all necessary documents
- request and criteria signed by medical practitioner stating person is eligible must be included in chart
44
eligibility for MAID
- 18
- sound mind
- grievous medical condition
- made request for MAID
- given informed request
45
whistleblower
- a current past employee that reports another misconduct to those in power
- often suffer backlash
