Ch 8 – Flashcard

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

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