Ch 8 – Flashcard
Unlock all answers in this set
Unlock answersquestion
Identify 4 primary sources of law in the U.S.
answer
Constitutional, Statutory, Administrative, Common
question
Identify two Federal laws that affect physical therapy practice
answer
Americans with Disabilities Act (ADA) Individuals with Disabilities Education Act (IDEA)
question
Constitutional Law
answer
superiority because they were created from the federal Constitution, which is the supreme law of the land. -protection from government "overreach"
question
examples of Constitutional Law
answer
right to be free from unreasonable searches and seizures, protection from being tried twice for the same crime
question
Statutory Law
answer
second priority after constitutional laws and can be federal or state statutes
question
examples of federal statutes that affect physical therapy
answer
Medicare, Medicaid, workers' compensation, Americans with Disabilities Act(ADA), 1973 Rehabilitation Act, Individuals with Disabilities Education Act(IDEA) and licensure laws
question
examples of state statutes that affect physical therapy
answer
"Practice Acts"(Licensure Laws) Enacted by state legislatures Enforced by state boards Ohio OT, PT, AT Board
question
Common Law
answer
third priority as legal tenets and were created by judges
question
examples of common law affecting physical therapy practices
answer
malpractice law
question
Administrative (Regulatory) Laws
answer
enacted by administrative or regulatory agencies at the local, state and federal levels
question
examples of federal administrative agencies having broad authority over physical therapy business affairs
answer
Occupational Safety, Health Administration (OSHA) and the Centers for Medicare and medicated Services (CMS)
question
role of licensure laws
answer
protect the consumer against professional incompetence
question
Health care malpractice
answer
liability-generating conduct on the part of a primary health care professional associated with an adverse outcome of patient care
question
negligence
answer
failure to give reasonable care or the giving of unreasonable care and only applies when harm occurred to the patient/client
question
Ensure provider competency
answer
Continuing education OH 4755-23-08(E), Code of ethical conduct OH 4755-27-05(10), Refusal to grant licensure OH 4755.47(A)(4)
question
Create, in legal terms, scope of practice
answer
Physical Therapy Practice Defined OH 4755-27-01 only individuals licensed by the PT section of the board may imply or claim to be able to practice physical therapy or provide physical therapy services
question
Ensure appropriateness of services
answer
Utilization of services Oh 4755-27-05(8)
question
define OSHA
answer
a federal government regulatory agency concerned with the health and safety of workers
question
OSHA's role
answer
to assure safe and healthful working conditions for working men and women
question
define domestic violence (IPV)
answer
occurs between people in intimate relationships and takes many forms including coercion, threats, intimidation, isolation, and emotional, sexual, and physical abuse
question
responsibilities of physical therapy team in the case of domestic violence
answer
review and follow facility's IPV policies, learn to recognize signs/symptoms of abuse, PTA's must report to PT of record
