1. accountability

2. Identifying Purpose 

3. Consent 

4. Limiting collection

5. Limiting use, disclosure and retention 

6.Accuracy

7.  Safe guards  

8. openness 

9. Individual Access

10. challenging compliance

1. Daily appointment book (S.8)

2. Financial record (S.9)

3. Patient Health Record (S. 10) 

§“Law is a form of order, and good law must necessarily mean good order.”  Aristotle

1.Legal values are those beliefs that are being promoted by a particular law

2. System of Rules that establish a persons rights and duties

3. legal institutions are established to make, implement and enforce the rules 

~establish government and provide a guide for making laws. 

~protect the public 

~establish rights and duties 

~prevent or resolve disputes 

~gives remedies

1. Acts 

2.Regulation

3. bylaws 

4.policy 

1. public

2. private 

~criminal 

~administrative

~constitutional 

~family law

~contract law 

~tort law 

~property law 

~labour and employment law 

what is an example of administrative tribunal

1. Direct State Control

2. partial self regulation

3. Self regulation  

~protect the public from unqualified, incompetent unfit providers

~develop mechanisms to encourage provision of high quality care

~permit freedom of choice of provider within a range of safe options

~promote evolution of profession for maximum efficiency 

~competent correct dx 

~to be treated with respect and professionalism 

~hygienic

~safe 

~empathy 

~privacy 

~honest intentions

1. exclusive scope of practice:The right to provide services defined within the defined scope of practice are restricted to members. (Legislation)

2.controlled acts of a profession: only a few specific activities are restricted. The activities of professions are defined in broad terms that may be overlapping with one another. (Registration)

~initial registration 

~labour mobility issues 

~ongoing programs 

~Annual Registration 

~Quality Assurance 

~complaints and discipline 

PHIPA follows the 10 universal principles, WHILE  FACILITATING EFFECTIVE PROVISION OF HEALTH CARE

~also ontario also states that there may be situtations where px can be denied access to their medical records, such as pyschiatric records that could set back px tx. 

*** this is impt bc there are many times when the sharing of medical info btw HCP is impt for optimal patient care

A 

Ontario:

Natural person <$50,000

Not a natural person < $250,000

Alberta 

<$55,000

****note professionals may also be exposed to professional misconduct allegations if there is a breach of confidentiality requirements. (professional or regulatory standards of practice) 

~to provide consistent rules with respect to consent to treatment

~facilitate treatment for persons who lack the capacity to consent 

~to enhance the automony of persons 

~to promote communication and understanding btw the HCP and their px

~To ensure a significant role for supportive family members when a person lacks capacity and to permit intervention of the public guardian and trustee only as a last resort 

~ Must relate to the treatment 

~must be informed 

~must have been given voluntarily 

~must NOT have been obtained through misinterpretation 

~patient has recieved information about:

-nature of the treatment 

-the expected benefits 

- any material risks of the tx 

- any side effects of the tx 

-alternatives to the tx

-consequences of not having the tx 

~all the patients questions have been answered 

~ when the optom is required to break confidentiality bc of laws. etc 

~these optoms will also be protected from civil liability 

~high way traffic act (provinicial)

~aeronautics act (Federal)

~child and family services act (provincial)

~Health Insurance Act (ontario)

~regulated health Professionals act (ontario)

~Health protection and promotion act 

~when the optom believes that a px 16 or older is suffering from an eye condition  or disease that would make it dangerous for them to drive.

~report is sent to the motor registrar

NOTE: Optometrists should report those persons who do not meet legislated requirements for the issuance of the class of driver’s licence that they hold.

If a child has suffered or is at risk of suffering physical harm inflicted by the person having charge of the child or caused by that person’s failure to care for, provide for, supervise or protect the child.

•If a child has suffered or is at risk of suffering physical harm caused by a pattern of neglect by the person having charge of the child.

•If a child has been or is at risk of being sexually molested or sexually exploited by the person in charge of the child or by someone where the person in charge of the child should know they would be at risk.

~sexual intercourse and other forms of sexual activities btw a dr and a px  

~inappropriate touching (of the px by the dr)

~inappropriate remarks or behaviours of a sexual nature by thte dr towards the px

If found guilty of physical sexual abuse, the mandatory penalty is revocation of RHP’s certificate of registration.

Patient relations programs

Measures for preventing or dealing with sexual abuse must include:

i.  Educational requirements for members; ii.  Guidelines for conduct with their patients;

iii.Training for College staff; and

iv.  Provision of information to the public.

~free speech is essential to an intelligent and democratic self government 

~It promotes and enhances an exchange of opinion which creates a open marketplace of ideas 

~free speech benefits individuals stimulates personal growth and promotes attainment of personal goals 

~the right of the listener to receive info 

~advertising may relate to products or services 

~advertising usually attempts to create a positive influence 

~consumes have a right to have useful information about variety of products and services available

~In a free market truthful and factual advertising will be beneficial to buyer and seller 

TRUE

~to maintain the high standards on professionalism, there are limits set to professional advertising (ex. rocket and prices dental case)

1. The restriction must serve a substantial interest (public safety)

2. the regulatory measure must directly enhance/advance that substantial interest 

3. The restriction must be no broader than necessary 

1. relevant to assissting the public for making an informed choice on practitioner to provide care.  

2. truthful

3. verifiable 

4. professional

What is the primary criterion that HPRAC use to determine if a occupation should be regulated ?

secondary?

~ primary criterion: possible risk of harm 

It assesses whether the profsession poses a risk to the hleath and safety of the public  

secondary criterion: Professional autonomy (this is assurance that the dr will have freedom to exercise their professional judgement in the tx and care of the px. 

~andary: body of knowledge and scope of practice  

regulatory mechanisms 

~college objects

~Representation on governing body(lay ppl and professionals)

~public meetings and hearings 

~reporting requirements 

~appeals process

~limited power 

~ask questions at a general meeting 

~sit on a counseil or committee

~political action through the professional association 

~talk to counseil members 

~respond to opportunities for to stakeholder input 

How long after a complaint is filed does the college have to reach a decision?

how long does the optometrist have to respond to the complaint 

college has 150days to reach a decision

~optom is given 30 days to reply to the complaint 

~refer specified allegations of professional misconduct or incompetence for a hearing by Discipline COmmitte

~investigate for possible incompacity proceedings 

~caution the member (in writing or in person)

~ take other action such as dismissing the complaint or requiring SCERP

~revocation of the HCP certificate of registration (mandatory if sexual abuse)

~suspension for a fixed or an indefinite period of time 

~fine $35,000

~imposition of terms, conditions or limitations 

~reprimand 

1. claims made coverage 

2. occurrence based coverage 

~ px 

~px family 

~pedestrians, motorists 

~cowokers 

~other 

~diagnosis

~diagnosis of a condition 

~explanation of a condition to a px 

~ determining best course of treatment 

~discussing best course of tx with the px 

~discussing alternative courses of tx 

~disclosing probable outcome and  material risk 

~preforming the tx 

~follow up care

~px record keeping 

~complying with government reporting requirements 

1. the BUT FOR test 

2. materially contributed to test