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30 Cards in this Set

  • Front
  • Back
Who designates a health profession
Lieutenant Governor in Council
Duty and objects of a college
16 (1)
It is the duty of a college at all times (a) to serve and protect the public, and
(b) to exercise its powers and discharge its responsibilities under all enactments in the public interest.
A college has the following objects
(a) to superintend the practice of the profession;
(c) establish standards of academic or technical achievement & the qualifications required for registration (d) establish, monitor & enforce standards of practice to enhance the quality of practice and reduce incompetent practice e)establish and maintain a continuing competency program
f) a patient relations program to prevent professional misconduct of a sexual nature;
h)to require registrants to provide to an individual access to the individual's health care records in appropriate circumstances;i) to inform individuals of their rights under this Act, the regulations and the bylaws of the college and FIPPA
Exceptions to granting registration of persons in college
b) an investigation is under way in BC or in another jurisdiction that could result in the person's entitlement to practise the health profession being cancelled or suspended, or c)convicted of an indictable offence
If condicted of an indictable offense
the registration committee must not make a decision under subsection (2.1) unless the registration committee is satisfied that the nature of the offence or the circumstances under which it was committed give rise to concerns about the person's competence or fitness to practise the designated health profession.
If an applicant fails to authorize a criminal record check under the Criminal Records Review Act...
the registration committee must take the failure or the determination into account when deciding whether to register the applicant or whether to set limits or conditions on the practice of the applicant.

Define "professional misconduct"
includes sexual misconduct, infamous conduct and conduct unbecoming a member of the health profession;
HPA 27

Powers and duties of inspectors
during regular business hours, an inspector may investigate, one or more of the following without a court order:
a) the premises, the equipment and the materials used by a registrant b) the records of the registrant and may copy those records; c) the practice of the designated health profession performed by or under the supervision of the registrant.
(2)The inquiry committee may direct an inspector to act or undertake any aspect of an investigation.
Psychologists Regulation:

Who can call themselves a psychologist
the terms "psychological associate”,“psychologist" may only be used by registrants except:a) practising the profession under the Health Authorities Act, University Act, or School Act
College of Psychologists Bylaws

A registrant, or former, must make available his or her practice records to the registrar or the inspector and may not refuse to provide access to records
College of Psychologists Bylaws

Professional Liability Insurance
no less than $1,000,000 per occurrence
Who is considered an infant? And by what legislation?
Under the age of 19

Family Relations Act & Age of Majority Act
When may an infant consent to health care? Under what act?
An infant may consent to health care whether or not that health care would, in the absence of consent, constitute a trespass to the infant's person, and if an infant provides that consent, the consent is effective and it isn't necessary to obtain consent from the infant's parent or guardian.
(3) A request for or consent to health care by an infant does not constitute consent (2) unless the health care provider a) has explained to the infant and is satisfied that the infant understands the nature and consequences and the reasonably foreseeable benefits and risks of the health care, and b) determines and concludes that the health care is in the infant's best interests.
When is an infant's contract enforceable?
when(a) a contract specified under another enactment to be enforceable against an infant,
b) the contract is affirmed by the infant on his or her reaching the age of majority,
c) performed or partially performed by the infant within one year after his or her attaining the age of majority, or d) not repudiated by the infant within one year after his or her reaching the age of majority.
(2) A contract that is unenforceable against an infant under subsection (1) is enforceable by an infant against an adult party to the contract.
What act specifies elements of consent?
Health Care (Consent) and Care Facility (Admission) Act (BC)
Health Care (Consent) and Care Facility (Admission) Act (BC)

Elements of consent
Elements of consent
a) the consent relates to the proposed health care,
b) consent given voluntarily,
c) consent not obtained by fraud or misrepresentation,
d) capable of making a decision about whether to give or refuse consent
e) adult given the information a reasonable person would require to understand the proposed health care and to make a decision, including information about i) the condition for which the health care is proposed, ii)nature of the proposed health care,
iii) risks & benefits of the proposed health care that a reasonable person would expect to be told about, and
iv) alternative courses of health care, and
f) the adult has an opportunity to ask questions and receive answers
Health Care (Consent) and Care Facility (Admission) Act (BC)

Determining incapability
adult must demonstrate that he/she understands
a) the information given by the health care provider, and
b) that the information applies to the situation of the adult for whom the health care is proposed.
A health care provider
a) must communicate with the adult in a manner appropriate to the adult's skills and abilities, and b) may allow the adult's relatives or friends, who accompany the adult & offer their assistance, to help the adult to understand or to demonstrate an understanding of the matters.
Health Care (Consent) and Care Facility (Admission) Act (BC)

When Incapable
health care provider is of the opinion that the adult needs the health care & is incapable of giving or refusing consent, & b) the adult's substitute decision maker, guardian or representative i)has authority to consent to the health care, ii) is capable of giving consent, and iii) gives substitute consent.
Mental Health Act

a)is receiving care, supervision, treatment, maintenance or rehabilitation, or
b)is received, detained or taken charge of as a person with a mental disorder or as apparently a person with a mental disorder;
Mental Health Act

“person with a mental disorder"
a person who has a disorder of the mind that requires treatment and seriously impairs the person's ability
a) to react appropriately to the person's environment, or
b) to associate with others;
Mental Health Act

means safe and effective psychiatric treatment and includes any procedure necessarily related to the provision of psychiatric treatment.
Mental Health Act

When to allow voluntary admission
individualis 16 years of age & requests admission, or
ii) is under 16 years of age & a parent or guardian of the person requests that the person be admitted, and
b) if the director is satisfied that the person has been examined by a physician who is of the opinion that the person is a person with a mental disorder.
Mental Health Act

What is deemed Consent?
If a patient is detained in a designated facility or is released on leave or is transferred to an approved home, treatment authorized by the director is deemed to be given with the consent of the patient.
Every patient detained under this Act is, during detention, subject to the direction and discipline of the director & the members of the staff of the designated facility authorized for that purpose by the director.
What act determines the process for someone who is no longer capable of managing himself/his affairs
Patient Property Act
What does the Patient Property Act state?
The Attorney General, a near relative of a person or other person may apply to the court for an order declaring that a person is, because of
a) mental infirmity arising from disease, age or otherwise, or b)disorder or disability of mind arising from the use of drugs,
incapable of managing his or her affairs or incapable of managing himself or herself, or incapable of managing himself or herself or his or her affairs.
What is the act called that deals with representatives?
Representation Agreement Act
Representation Agreement Act
A “representative” can make pretty much any decision about someone, except ending their life, AND…
Mental health decisions: An adult may not authorize a representative to refuse consent to (a) the adult’s admission to a designated facility under the Mental Health Act,
(b) the provision of professional services, care or treatment under the MHA if the adult is detained in a designated facility, or
(c) the provision of professional services, care or treatment under the Mental Health Act if the adult is released on leave or transferred to an approved home.
What does the Health Care (Consent) and Care Facility (Admission) Act (BC)not apply to?
Care in mental hospitals
Name acts that deal with caring for the incompetent
Patient Property Act – when a person enters a provincial facility
• Trustee Act (rights, powers, duties of those dealing with trusts)
• Public Guardian and Trustee Act (for people who otherwise didn’t have anything set up; specifies rights and duties)
• Adult Guardianship Act (protects incapable adults; assigns substitute decision makers; appoints public guardians)
• Representation Agreement Act (agreeing ahead of time for your care – BUT SEE mental health)
What act states that a court may order a child or parent to undergo medial, psychiatric, or other examination?
Child, Family, and Community Services Act