Law & Ethics Final SUMMER
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| a set of moral standards, not laws | ethics
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| standards regulated by a governing authority | laws
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| personal ethical concepts of right and wrong | morals
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| ethical issues that have resulted from modern science, technology and research | bioethics
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| who was the greek physician also termed the father of medicine, what did he write | hippocrates, wrote the hippocratic oath, principles of ethics evolved from it
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| who wrote the first official code of ethics? | thomas percival
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| who investigates complaints about physicians in a certain area? | grievance committee
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| who owns the patient record, do they have to be sent out to another physician if requested? | physician or medical facility owns it, and yes have to be sent out if requested by patient
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| what provides advanced directives? oral/written instructions for health care prior to becoming incapacitated | DPAHC - durable power of attorney in health care
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| federal law requires medicare and medicaid patients receive info about what? | advanced directives
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| what do you do if a physician dies and after reasonable effort, there is no place to send the patient records? | store in medical storing facility for 5-7 years
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| what news/info is public domain? | name, address, age, sex, marital status, employer, occupation, next of kin, parents names, diagnoses,prognosis
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| what info cannot be divulged without patients permission? | xray findings, lab or autopsy reports
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| what does CEU stand for? | continuing education unit
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| crime against an individual | criminal law
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| crime between two individuals | civil law
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| a violation of civil law | tort
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| an act against an individual that results in a situation where there was no intent to injury | negligence
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| performance of an improper action | malfeasance
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| improper performance of an action that is approved | misfeasance
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| failure to perform an approved action | nonfeasance
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| when does the physician-patient relationship begin? | at the time of the 1st appointment, after patient has paid
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| a. who can physician refuse to treat? b. what are the reasons? c. is notification necessary? what kind? d. how much a formal letter be sent? e. reasonable notice depends on what? f. if withdrawal not handled properly, physician can be charged with what? | a. anyone b. non-payment or not following prescribed treatment c yes, formal letter d. certified mail e. age of patient, availability of another physician, severity of illness f. abandonment
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| guidelines that designate the limitations of your practice as a health care provider | scope of practice
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| guidelines that designate how to perform your skills in your profession | standard of care
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| 4 types of ethical problems | ethical distress, ethical dilemma, locus of authority, dilemma of justice
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| 4 D's of negligence | duty, derelict, direct cause, damages
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| the settlement of a dispute by an expert non-committed third party | arbitration
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| what can provide a nonpartisan, non-committed physician with expertise in courtroom testimony? | expert witness or testimony
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| court process is a term given to describe what | litigation
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| permission to treat | consent
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| what are the two types of consent? when would they be used? | informed - in writing, used for surgery, treatments and research.
implied - expressed or spoken, used in emergencies, taking BP, drawing blood
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| which consent must be witnessed? how? | telephone consent must be witnessed 3 way
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| what information must be reported to a governing body, also called public duty | communicable diseases, births/deaths, drug abuse, abuse, injuries by violence
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| a physician must renew their license and complete CEUs every how many years | 3 years
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| what are state laws that govern: requirements for licensure; the grounds for suspension or revocation of license | medical practice acts
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| what are some reasons a physician may be suspended or have their license revoked? | convicted of felony, unprofessional conduct, incapacity
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| medical profession liability | malpractice
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| what does OSHA stand for? ** ensures employed provide their workers with an environment free from recognized hazards ** | Occupational Safety and Health Act of 1970
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| ADA stands for? **to eliminate discrimination against persons with disabilities** | Americans with Disabilities Ace
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| what is IIHI? examples? | Individually Identifiable Health Information - name, dob, ss#, email, date of treatment, MR#, birth certificate, drivers license, VIN, finger prints
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| what is PHI? *IIHI that is transmitted or maintained in electronic media or by any other medium* | protected health information
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| what are patient rights under HIPAA? | -request for further restriction, -request for alternative communication -file a complaint - access to information and right to copy -request to amend their health info - accounting disclosure
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| when can PHI be disclosed? | -required by law, -public health authority -child abuse/neglect - victims of abuse - FDA - communicable disease - public safety
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| detailed document that gives covered entities permission to use PHI | authorization
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| is it necessary to obtain consent / authorization for all disclosures? | not for treatment, payment or health care operations
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| Notice of Privacy Practices | must make a good faith effort to obtain written acknowledgement from patient, must be posted in clear place, must be kept for 6 years
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