Chapter 12

Front 1

If you fail to report _____, it is a criminal offense? Whereas if you fail to report _____ it is not?

Back 1

- treason or high treason

- Past or future crimes

Front 2

Does the criminal code require people to identify themselves, or cooperate with the police?

Back 2

No

Front 3

Is there a mandatory reporting obligation for physicians to report crimes?

Back 3

no, though they may chose to report crimes, unless the information was obtained in confidence.

Front 4

If people are not required by law to report crimes, can they lie to police?

Back 4

No, it constitutes various criminal code offences

Front 5

What are the provincial reporting obligations imposed on physicians?

Back 5

- highway traffic act

- health protection and promotion act

- coroners act

- mandatory gunshot wound reporting act

hospital management, regulation 965

- Vital statistics act

- Long term care homes act

- health information protection act

- Services and supports to promote the social inclusion of persons with developmental disabilities act

Front 6

What is the highway traffic act? Who does it apply to and who does it not apply to?

Back 6

- physicians and optomotrists must report to the Registrar of Motor Vehicles any patient 16 y or older who has a medical condition that may make it dangerous to drive

- other practitioners are bound by confidentiality (pending amendments)

Front 7

What is the health protection and promotion act? What is the exception?

Back 7

- physicians nurses dentists and other categories must report medical officer of health any suspicion that a patient has or may have reportable disease or is or may be infected with an agent of communicable disease

- in specified clinics, the name of the patient who has HIV and address do not have to be reported if the patient has received counseling about preventing transmission

Front 8

What is the coroners act?

Back 8

- mandatory reporting of deaths in specific institutions and situations

- Everyone must report to the coroner or police any suspicious death or death due to disease

(suicide, violence, negligence, misadventure, malpractice, unfair means, sudden death)

Front 9

What is the mandatory gunshot wounds reporting act?

Back 9

- any facility that treats someone with a gunshot wound must report to the police orally ASAP (location of facility and patients name)

-

Front 10

In the mandatory gunshot wound reporting act, who is obligated to report?

Back 10

The institution and not the individual health professional

Front 11

What is the hospital management, regulation 965 act?

Back 11

- Practitioners who are treating or admitting a patient that may be dangerous must notify the administration

Front 12

According to the hospital managemnet, regulation 965 act, if a patient is or may be suffering from an infectious disease, who must the practitioner notify?

Back 12

Infection control officer or administrator

Front 13

What is the vital statistics act?

Back 13

physicians, midwives and nurses have a duty to register births and still births with the Ontario registrar General.

Front 14

Who can fill out death certificates?

Back 14

Physicans and nurses with extended certificate of registration

Front 15

What is the long term care homes act?

Back 15

Everyone, except residents (permitted to report but not required), suspecting that any of the following has occurred, must report to the provincial director of long term care homes

- improper or incompetent treatment or care resulting in harm or risk

- abuse of a resident by any one or neglect that results in harm or risk

- unlawful conduct that resulted in harm or risk

- misuse or misappropriation of resident's money

- Misuse or misappropriation of funding

Front 16

Is there a risk of liability for reporting a long term care home?

Back 16

no, unless the report was made maliciously or without grounds

Front 17

Failure to report under the long term care home act is an offence when ___?

Back 17

a licensee, their staff or person providing treatment or counselling doesnt report

Front 18

What does the retirement homes act contain?

Back 18

Identical reporting obligations which apply to residents or retirement homes

Front 19

What is the health information and protection act?

Back 19

the act will require employers who fire, suspend or discipline a regulated health professional, social worker or social service worker for the unauthorized collection, use, disclosure, retention or disposal of personal health information to give written notice to the employees college. Even if the employee resigns.

Front 20

What is the services and supports to promote the social inclusion of persons with developmental disabilities act?

Back 20

- if a service agency suspects or witnessed incident of abuse is a criminal offence, they must report it to the police

Front 21

When are service agencies permitted to initiate an internal investigation?

Back 21

when the police are finished with their investigation

Front 22

What policies must service agencies have under the services and supports to promote the social inclusion of persons with developmental disabilities act?

Back 22

they must have policies and procedures for documenting and reporting alleged or suspected or witnessed incidents of abuse of a person with a developmental disability

Front 23

What constitutes a "service agency" under the services and supports to promote the social inclusion of persons with developmental disabilities act?

Back 23

organizations under contract with the government to provide services to individuals with developmental disabilities.

Front 24

Under the regulated health professionals act, what must be reported?

Back 24

- reasonable belief that another regulated professional has sexually abused a patient must report their belief to that member's college

- only if the name of the suspected individual is known

Front 25

How is sexual abuse defined in the regulated health professionals act?

Back 25

intercourse, touching and behaviour or remarks of a sexual nature

Front 26

What must the report contain under the regulated health professionals act?

Back 26

- name of the professional filing the report, name of the suspected abuser, specific allegations, name of the allegedly abused patient but only if he or she consents.

Front 27

If the report is based on a patient's information, what is required of the professional?

Back 27

advise the patient before reporting

Front 28

When must the report be filed?

Back 28

within 30 days

Front 29

Can action be filed against a person who reported a suspected sexual abuse case?

Back 29

no, as long as it is in good faith

Front 30

What are the consequences of failing to report?

Back 30

it is a provincial offence with up to 25,000 in fines and a finding of professional misconduct

Front 31

If a professional is found guilty of an offence, what must they do?

Back 31

they must also file a report

Front 32

Is there similar regulations for social workers?

Back 32

Yes, the social service workers act

Front 33

What are the consequences of having a sexual relationship with a patient?

Back 33

five year mandatory minimum registration revocation

Front 34

What exception does the RHPA allow colleges to extend to professionals?

Back 34

Spousal exception (it is not sexual assault then) but the college of physicians and surgeons does not want to apply it.

Front 35

What is the mandatory reporting laws under the child and family services act?

Back 35

- if someone suspects the following they must report it

- if a child has suffered or is at risk of suffering at the hands or a parent or person in charge of the child, caused by the person's failure to supervise and protect or caused by neglect:

- Physical harm

- significant emotional harm, as demonstrated by serious anxiety or despression or withdrawal, self destructive or aggresive behaviour or sexual abuse

- child needs medical emotion or other treatment and parent fails to provide

- Child has been abandoned or has otherwise been left without arrangements for care

- Child under 12 has killed or seriously injured another person or caused serious property damage and needs treatment but parent fails to provide

- Child under 12 has more than once injured another person or damaged another's property with the encouragement of the parent

Front 36

When is it considered a provincial offence to fail to report under the CFS act?

Back 36

- health care professionals, counsellors, care professionals, teachers, clergy, police

Front 37

Who must report?

Back 37

The person with the suspicion not a third party

Front 38

What relationship provides an exception to reporting?

Back 38

Solicitor client privilege

Front 39

Are you obligated to report your spouse?

Back 39

Yes

Front 40

Does the reporting obligation apply to the police?

Back 40

Yes, despite their oath of secrecy

Front 41

What are the limits to the ontario reporting provisions?

Back 41

- child is defined as under 16, so 16 - 17 year olds are not protected

- reporting obligation only applies to parents, guardians or persons in charge of the child, thus there is no duty to report abuse influcted by other parties.