Ch2-3 Legal Issues, OSHA

You must be legally aware of your work because otherwise…?

Example

Performing duties haphazardly or negligently will result in legal actions towards the provider or clinic

i.e. negligence, assault, battery, slander, libel, duty of care, breach of duty, malpractice

What are criminal and civil actions? Even if…?

Occurs when an established law is broken, even if the provider is unaware of the law

Even if unintentional, actions will have criminal or civil consequences. Ignorance does not excuse

Industry standards are not what? What happens instead if not followed?

Industry standards are not legal issues and will not result in criminal charges if broken because they are not representative of a law

If wrong followed, certification may be revoked

What is ethical awareness? What happens if breached?

Conforming to a standard of right and wrong to avoid harming the patient

Breaches will not get a fine but can result in dismission or revocation of certification/licensure

What does the Patient’s Bill of Rights state? What can you not do?

Under the patient's Bill of Rights, they can always know what tests are being performed, decline treatment

Do NOT ever give patient results or explain what the tests check for

What is informed consent?

Voluntary permission after being informed of risk, methods and consequences

What is expressed consent?

Permission is given by the patient verbally or in writing

What is implied consent? Example

Patient’s actions permit the procedure without verbal or written consent

i.e. a patient in the ER or holding out an arm for blood draw

What is HIV consent?

Special permission is needed to administer a test that detects HIV

What is parental consent for minors? What ages does it vary?

A parent or legal guardian must permit procedures on underage patients, depending on state law

18 to 21 years old

What is refusal of care? What must be signed? What will happen if care continues?

Patients have a right to refuse care at any point, if so patient must sign AMA form

Failure to stop could result in assault or battery charges

What is the rule about patient identification? What are the inpatient and outpatient ID forms?

No excuse for misidentification

Inpatient: waterproof ID bracelet will be assigned

Outpatient: should have state ID with DOB

What information can inpatient ID bands hold? What does HIPAA follow with IDs?

ID bands identify drugs issued, tests ordered, and test results

If patient isn't identified correctly, HIPAA cannot be followed

How do you handle ID bracelets with barcodes?

Scan ID barcode if available

Ensure all labels match

If discrepancy is found, you cannot proceed with care until resolved

How should you handle mistakes? Why is it important to handle them correctly?

DO NOT HIDE A MISTAKE!!!!!!!!

Report incidents to supervisor ASAP

Lives depend on honesty

What is OSHA and what do they do? #1 rule?

Occupational Safety and Health Administration

Mandates safety regulations across every workplace for employees

#1 rule: Always wear PPE

Types of OSHA inspections?

1. Complaint inspection: When an employee files a formal complaint

2. Fatality/Accidents inspection: OSHA receives notice of fatality or accident (3+ times)

3. Programmed inspection: Randomly chosen workplaces to determine their standard industry classification (SCI)

4. Imminent danger: OSHA hears about condition of imminent danger