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MOT 136***

Ch 7&8

The highest authority in the United States? U.S. Constitution/ Constitutional Law.
Members of the U.S. Senate and the House of Reps, (elected by U.S. citizens) and the staffs of individual legislators and legislative committees. Legislative Branch.
Law related to wrongs committed against the welfare and safety of society as a whole. Criminal Law.
This law affects relationships between individuals, corporations, government bodies, and other organizations. Civil Law.
What are the Four D's of Negligence? Duty, Derelict, Direct Cause and Damage.
T/F: In some states IPV charges depend upon whether or not a weapon is involved. True.
Who is the plaintiff in civil law? People-Harm to persons.
Who is the plaintiff in criminal law? The State.
Title VII of the CIvil RIghts Act (1964) does? Protects employees from discrimination. Age, sex, creed, marital status, national origin, color or disabilities.
Who enforces Title VII. The EEOC
EEOC stands for? Te Equal Employment Opportunity Commission.
How many employees must an employer have to fall under the guidelines of TItle VII? Fifteen.
What is the ADA? Americans with Disabilities Act. (1990)
What does Title I of the ADA do? Requires a potential employer to prove that disabilities can not be accommodated. Also to reasonably accommodate them to meet their jobs, nothing too expensive, no demands.
Are people recovering from substance abuse withdrawal be covered under the ADA? Yes.
Is HIPPA a federal guideline that every state must meet in some way? Yes.
Are medical facilities required to port the HIPPA guidelines? Yes.
What did HIPPA change? It required the dept of health and human services to adopt national standards for electronic health care transactions. It also required the adoption of privacy and security standards to protect identifiable health information.
What is the Controlled Substance Act? With the U.S. Code of Federal Regulations it regulates individuals who administer, prescribe, and dispense and drug listed in the five schedules.
Must controlled substances be registered with the DEA? Yes.
Regulation Z of the Consumer Protection Act of 1967 is also referred to as? The Truth and Lending Act.
What does the Truth in Lending Act do? I requires that if an agreement of payment of medical bills is in more that four installments must be in writing and must provide information on any finance charges.
What are the two types of contracts? Expressed and Written.
What's is an expressed contract? Can be written or verbal and specifically describes what each party will do.
A third party's agreement to pay a bill, or a contract between patient and provider are examples of? Written contracts.
When a patient has a sore throat and the doctor takes a swab is an example of? And implied contract.
Must a person entering into a contract be competent? Yes.
(T/F): A physician must properly withdraw a patient, otherwise it is considered abandonment. True.
When would a provider withdraw a patient? When the patient becomes noncompliant.
As a provider, when you fail to exercise the standard of care that a reasonable person would exercise in similar circumstances you could be guilty of? Negligence.
What are the four D's of Negligence? Duty, Derelict, DIrect Cause, Damage.
Duty refers to? The duty of care.
Derelict refers to? Breach of the duty of care.
Direct Cause refers to? A legally recognizable injury occurs as a result of the breach of duty of care.
Damage refers to? Waning full activity must have caused the injury or harm that occurred.
Neglect, physical harm, emotional harm, psychological, sexual, financial, incest and sexual exploitation Abuse.
What are the two rules to remember in the MA's role of negligence? Always practice within your scope of instruction/education and each state is likely different on what your scope may be.
(T/F): if a medical assistant fails to report to the provider an abnormal result that prevents an early diagnosis , the assistants omission of an act has caused breach in the standard of care. True.
Res ipsa loquitur means? The thing speaks for itself. Used when negligence is obvious.
Respondeat superior Let the master answer.
This is a wrongful act that results in injury to one person by another. Tort.
What is the basis of battery? Unprivileged touching of one person by another.
This tort consists of defamation of character, to another persons reputation, name or character both spoken an written. Defamation of character.
False and malicious writing about another person is? Libel.
False and malicious spoken words are? Slander.
(T/F): For a tort of defamation of character to exist a third party must hear, see and understand the words meaning. True.
Is invasion of privacy a tort? Yes.
This tort includes unauthorized publicity of patient information, release of medical records without knowledge and permission, and patients receiving unwanted publicity and exposure to public view. Invasion of privacy.
Consent given by the patient who is made aware of any procedure, it's risks, expected outcomes and alternatives is? Informed consent.
What type of consent is present during life-threatening emergencies and when the patient is unconscious or unable to respond. Implied consent.
(T/F): Depending on the state, a minor is a person who has not yet reached the age of majority (18-21). True.
The time limit for individuals to initiate legal action is called? Statute of Limitations.
Must medical providers report injuries from a knife or gunshot? Yes.
These laws encourage providers to provide medical care within their scope without fear of being sued. Good Samaritan Laws
What does POLST sand for? Physician Orders for Life-Sustaining Treatment
These are what we traditionally consider right and wrong. Ethics.
This brings the standards of moral and ethical behavior together in one place. Code of Ethics.
What are the Five P's of Ethical Power? Purpose, Pride, Patience, Persistenceand Perspective.
(T/F): According to the AAMA code of Ethics we are to respect confidential information obtained through employment unless legally authorized or required by responsible performance of duty to divulge such information. True.
What is confidentiality? Providers must not reveal confidential information about patients without their consent.
When patients threaten other patients and there is reason to believe the actions may be carried out are health professionals required to report this confidence? Yes.
Are providers required to report knife, gunshot, suspected abuse communicable diseases and STD's? Yes.
If information is subpoenaed are we required to provide it? Yes.
These records and the information inside Themis property of the patient and the provider? Medical Records.
Are medical personnel essential at the time of disasters? Such as epidemics, floods, fires, weather related disasters and terrorist attacks? Yes.
This is the branch of medical ethics concerned with moral issues resulting from high technology and sophisticated medical research. Bioethics.
Genetic engineering, abortion, fetal tissue research, are part of? Do these issues raise important bioethical questions? Bioethics. Yes.
Allocation of scarce medical resources, healthcare as a right or privilege, assisted reproduction, contraception, abortion, fetal research, genetic engineering and death and dying are all related to? Bioethics.
When an ovum is fertilized and grown in a dish before planted into the uterus? In vitro fertilization
As providers, do we have the right to refuse to perform and assist on abortions? Yes.
What have stem cells from cord blood done for patients with sickle cell anemia? Helps restore red blood cells.
This is the alteration, manipulation, replacement or repair of genetic material. Genetic Engineering.
Scientists have already cloned? Sheep, pigs, mice, rabbits, goats and a dog.
Which class of scheduled substances has the greatest potential for abuse and addiction and no accepted medical use on the U.S.? Schedule I substances.
Each state has these to regulate the practice of medicine with the intent of keeping citizens from harm? Medical Practice Acts.
These statues govern licensure, standards of care, professional liability and negligence, confidentiality and torts. Medical Practice Acts.
Title I of the ADA protects the disables in which environment? Professional.
The majority of the provider-patient contracts are? Implied.
Torts do NOT include? Breach of contract.
Battery, defamation of character and invasion of privacy are? All common torts that occur in the office of clinic.
Conviction of a crime, unprofessional conduct and personal/professional incapacity may result in a doctors? Revocation.
Created by: rhiginbo
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