COKO Jurisprudence

What model of professional regulation does Ontario use?

Self-regulation

Which of the following sentences best describes self-regulation?

A majority of Council members are elected to regulate the profession in the public interest.

Kinesiologists have a duty to the following:

All of the above.

Which of the following is a safeguard to ensure that the College regulates the profession in the public interest?

College decisions can be reviewed by a number of external bodies.

Being a professional is different from being in business because:

Professionals have a legal duty to serve their clients, including being honest with them.

Which type of provision deals with College advice on ways to practice safely, effectively and professionally?

Professional standards published by the College.

Which type of provision deals with the type of behaviour to avoid if a kinesiologist does not want to face a discipline hearing?

The definition of professional misconduct.

Which type of provision deals with kinesiologists having an adequate level of knowledge, skill and judgment in the care of patients?

The definition of incompetence.

Which type of provision deals with the ideals which kinesiologists try to achieve?

The Code of Ethics.

Which of the following can be a substitute decision maker?

A willing, able and capable relative.

Before beginning an assessment for insurance purposes, is it appropriate to ask the client to go back to the reception area and bring some papers to you so that you can assess a patient’s/client’s movement without telling the patient/client your real reason for making the request?

No, because informed patient/client consent has not yet been obtained.

Which of the following best describes an incapable patient?

The patient/client does not understand and appreciate the information.

A kinesiologist is treating a patient, Jasmine, who appears to have a lot of stress in her life. In taking the history of the patient, she says that her marriage is fine. The patient’s/client’s spouse is also a patient/client. He says that Jasmine and he are separating. It is clear that Jasmine is fully aware of this. Can the kinesiologist confront Jasmine with this inconsistency?

No. Confronting Jasmine would disclose that the kinesiologist is treating her husband and would reveal the confidential information her husband provided.

In suggesting a form of gait therapy to a patient, a kinesiologist explains the reasons for the gait therapy, the nature, risks and side-effects of the proposed gait therapy, and also some alternatives to the gait therapy. Has the kinesiologist likely fulfilled the necessary elements to receive informed consent from the patient/client for the gait therapy?

No, the kinesiologist needs to also explain the consequences or likely outcomes of not having the gait therapy.

Which of the following is the highest ranked substitute?

The patient’s/client’s power of attorney for personal care.

Which of the following is needed for patient/client consent?

All of the above.

Which of the following can a kinesiologist do without patient/client consent?

Nothing, unless it is an emergency.

What is the best reason for receiving verbal consent for a home exercise program (rather than relying on just written or implied consent)?

Verbal consent allows discussion so that the patient/client understands everything.

Which one of the following boundaries is most affected by the following scenario: the kinesiologist joins the same book club as the patient/client and they usually have a coffee together just before the club meeting?

Becoming friends

When can a kinesiologist treat his or her sexual partner

Never, unless there is an emergency.

Which one of the following boundaries is most affected by the following scenario: the kinesiologist often receives bottles of wine and boxes of chocolates at New Years, except for one patient/client who gave the kinesiologist a tablet computer?

Giving or receiving gifts.

Which of the following is sexual abuse?

A kinesiologist telling a particular patient/client that the patient/client looks attractive.

Which one of the following boundaries is most affected by the following scenario: the kinesiologist gives patients/clients a hug when the kinesiologist believes that the patient/client is feeling down?

Touching and disrobing.

How does the College address the problem of sexual abuse?

All of the above.

Which one of the following boundaries is most affected by the following scenario: the kinesiologist does not do home visits except for one patient/client (who is able bodied)?

Ignoring established customs.

What should the kinesiologist do if the patient/client asks the kinesiologist for a date?

Explain that the kinesiologist is not allowed to think of a patient/client in those terms

Which of the following would be improper billing for a patient recovering from a MVA (motor vehicle accident)?

Saying a service provided on the first day of the month was provided on the last day of the previous month so as to get it all in one invoice.

When does a kinesiologist need to tell a patient/client the amount of his or her fees?

Before providing the service or product.

Which of the following are the benefits of interprofessional collaboration?

Patient/client care is better coordinated

How does the Regulated Health Professions Act and the Kinesiology Act work
together?

The Regulated Health Professions Act and the Kinesiology Act are coordinated pieces of legislation.

Which of the following is not actually a law?

College guidelines and policies.

A kinesiologist has been awarded an honorary PhD. Can he or she place the initials PhD after his or her name on business cards?

Yes if accompanied by “Hon.”

Which of the following is a controlled act?

Giving the patient/client your diagnosis.

When would a kinesiologist be legally permitted to administer a tattoo?

Always.

Which of the following is a controlled act for a patient/client with a laceration?

Prescribing an antibiotic to a patient.

Which of the following is a controlled act?

Inserting an acupuncture needle.

Which of the following is a controlled act?

Putting a cast on a fracture.

In which of the following circumstances is a kinesiologist prohibited from treating or advising a person “with respect to his or her health in circumstances in which it is reasonably foreseeable that serious bodily harm may result from the treatment or advice or from an omission from them”?

Only where the treating kinesiologist acts outside of his or her scope of practice.

Which of the following needs to be reported by a kinesiologist?

All of the above.

Is a mandatory report required where a partner (another kinesiologist) quits before being removed from the practice because of his serious breach of patient/client confidentiality?

Yes. If a mandatory report would have been made, the kinesiologist cannot avoid the report by quitting first.

Which of the following needs to be reported by a kinesiologist?

A small claims court finding that the kinesiologist injured a patient/client by the kinesiologist’s negligence.

Which of the following needs to be self-reported by a kinesiologist to the Registrar of the College?

A conviction for speeding in provincial offences court.

A registered health care provider comes to the kinesiologist as a patient/client to learn stress management techniques. The registered health provider had a consensual sexual relationship with a patient/client two years ago and has become sick with stress. The registered health care provider discloses the previous sexual relationship during a treatment session. Is a mandatory report required?

Yes. This kinesiologist has learned of sexual abuse while practising the profession.

Is a mandatory report required where a kinesiologist fires another kinesiologist (i.e., terminates his or her employment) for falsely billing an insurance company?

Yes because the employing kinesiologist is terminating a business relationship for professional misconduct.

What is the main reason why the Regulated Health Professions Act requires that information about kinesiologists be put on the public register (which is available on the College’s website?

So that the public can choose whether to use the Kinesiologist’s services.

Which of the following information is on the public register?

Most court findings in cases where the kinesiologist was professionally negligent.

Which one of the following restrictions applies to professional corporations?

Kinesiologists are the only individuals who can be its shareholders.

A patient/client is interested in finding a kinesiologist in their work area, and he or she sees that a kinesiologist has a clinic less than one block away. Along with looking at the kinesiologist’s website, the potential patient/client checks the public register of the College of Kinesiologists as part of the decision of whether to go to that particular kinesiologist. What information would the potential patient/client find?

Most discipline findings by the Discipline Committee against the kinesiologist.

A kinesiologist currently registered under the General Registration category is applying for an Inactive certificate of registration with the College because she has recently given birth to her first child and would like to take a leave from practice to stay at home with her new baby. Which of the following are not true about her Inactive certificate of registration?

She can see patients/clients but only on occasion or through volunteering activities.

Which one of the following situations is likely professional misconduct according to the professional misconduct regulation?

Telling a patient/client to go to hell.

Which one of the following is a class of registration for the College of Kinesiologists of Ontario?

General Registration.

Which one of the following best describes the intent and purpose of the general ‘catch-all’ provision found in the professional misconduct regulation?

To make any behaviour that would reasonably be regarded as unprofessional professional misconduct.

A kinesiologist who has a municipal licence may register with the College only if:

The kinesiologist meets all registration requirements set out by the College.

When would a kinesiologist be legally permitted to administer a tattoo?

Always.

Which of the following is required for electronic records?

Electronic records must be password protected on computers that have firewall and virus protections.

How many years must a kinesiologist keep the health record after seeing a 7 year old patient/client for the last time (assuming there is no more contact after that last visit)?

21 years, 10 years past the patient’s/client’s 18th birthday.

Which of the following is the best way to make a change or correction in a patient’s/client’s health record?

Maintaining the incorrect entry, indicating that it is in error and entering the new, correct, information.

Amy, a kinesiologist, treats patients/clients from her community primarily in Spanish. Many of her patients/clients do not speak enough English to communicate adequately with her. What situation best describes how she can keep appropriate records?

In Spanish if she prefers, but followed with duplicate entries in either English or French.

A Kinesiologist offers a free pair of shoes with every foot orthotic received. Which of the following best describes the conflict of interest principle that applies?

The Kinesiologist cannot offer inducements to patients/clients.

A Kinesiologist proposes to sell a brace to a patient/client. Which of the following best describes the conflict of interest principle that applies?

The Kinesiologist can sell the brace so long as the patient/client is told that s/he does not have to  buy it there and tells the patient/client where the patient/client may be able to buy a similar brace.

Ben, a Kinesiologist, hires a new office manager, Sherry, for his clinic because he is too
busy to handle administrative duties. Sherry decides that the clinic needs to update
their advertising program. She decides to include in various advertisements some of
the great comments that she has received from Ben’s patients/clients (with the
patient’s/client’s permission first, of course). The following describes Ben’s position in
this circumstance the best:

Ben may be at risk for the use of testimonials.

According to the advertising rules, which of the following would be improper for a
Kinesiologist to do:

Telephone people asking them to become a new patient/client by randomly
selecting numbers from the phone book in their area.

Which of the following examples is a prohibited form of advertising?

Publishing testimonials from previous patients.

What are the safeguards that may address the conflicts of interest arising from referring a patient/client to a family member to buy a product?

Telling the patient/client that the other person is a family member, providing some alternatives that  the patient/client can go to and telling the patient/client he or she is free to choose any of the alternatives.

Which of the following does the Inquiries, Complaints and Reports Committee deal with:

All of the above.

Which sentence best describes the difference in the role of the Inquiries, Complaints and Reports Committee (ICRC) and the Discipline Committee:

The ICRC investigates concerns and decides what should be done with them, the Discipline Committee adjudicates (holds a hearing for) serious concerns.

Which of the following issues must an applicant provide to the College with details, both at the time of initial application and throughout the registration process, and immediately after the event?

All of the above.

Which of the following orders can be made by the Inquiries, Complaints and Reports Committee?

Specified continuing education and remediation program.

If a person wants to start practicing after graduation what is the first step in the registration process?

Filing an application form for a certificate of registration with the Registrar of the College, and paying applicable fees.

Which of the following orders can be made by the Fitness to Practise Committee?

Terms, conditions and limitations.

Which of the following is not a component of the quality assurance program?

Investigations of allegations of professional misconduct.

The role of the Quality Assurance Committee is to:

Review a peer and practice assessor’s report and consider whether a Kinesiologist’s knowledge, skills and judgment are satisfactory.

A peer and practice assessor who is appointed to review a Kinesiologist’s practice may:

Enter a Kinesiologist’s business premises and review client care records.

Which of the following would not be considered “personal health information” under PHIPA?

A fact sheet about preventing the cold and the flu.

Which of the following is correct: Select one:

The Personal Information Protection and Electronic Documents Act (PIPEDA) governs the use of personal information outside of the health context (e.g., giving seminars).

Which of the following activities is governed by the Personal Information Protection and Electronic Documents Act (PIPEDA) rather than the Personal Health Information Protection Act (PHIPA)?

Registering people for a seminar the Kinesiologist is offering to the public.

A patient’s/client’s circle of care includes: Select one:

A Kinesiologist and another health care provider to whom the Kinesiologist has made a referral.

A patient/client has a right to correct his or her personal health information:

Upon request, unless an exception applies.

Which of the following is a responsibility of a Health Information Custodian?

Creating and implementing a privacy policy for an organization that is compliant with PHIPA.

A patient/client can challenge a decision that he or she is incapable with respect to consenting to a treatment by:

Going to the Consent and Capacity Board.

If a Kinesiologist suspects on reasonable grounds that a patient/client is abusing or neglecting a child in the patient’s/client’s care, and that the child is at risk of physical harm, the Kinesiologist should:

Make a report to a children’s aid society.

A Kinesiologist treating a patient/client at a long-term care home believes a resident is being neglected by a staff member. The Kinesiologist should:

Report this to the Director for Long-Term Care facilities.

The Consent and Capacity Board has the power to:

Appoint a substitute decision-maker to make treatment decisions for a person.

If the Human Rights Tribunal finds that a Kinesiologist has breached the Human Rights Code, which of the following orders can it make?

An order that the Kinesiologist pay damages and implement a human rights policy.

Which of the following is a legally permitted reason to refuse to accept a patient?

The Kinesiologist does not feel he or she is competent to take on the patient.

The Customer Service Standard of the Accessibility for Ontarians with Disabilities Act (AODA) requires organizations with less than 20 employees in Ontario to do the following:

Implement policies, practices and procedures to help provide goods and services to persons with disabilities.

A person who believes a Kinesiologist has violated her human rights may:

Pursue any of the above remedies.

A Kinesiologist who has a new patient/client with a hearing impairment should:

Ask the patient/client to suggest ways to communicate better.

Which of the following may be discrimination under the Human Rights Code?

a Kinesiologist tells a patient/client with bipolar disorder that he cannot treat people who are mentally ill.