Presentation on theme: "LEGISLATION The Client’s Right’s & Your Rights"— Presentation transcript:
1 LEGISLATION The Client’s Right’s & Your Rights TPJ4M
2 RIGHTSThe foundation of a good client-health care worker relationship is a basic understanding of the clients rights, your rights and your legal responsibilitiesLegislation is a body of laws that govern the behaviour of a country’s residents. Legislation is enforced by the courts.A right is something to which a person is justly entitled.Moral rights – based on a sense of fairnessLegal rights – recognized by law
3 RIGHTS BASIC HUMAN RIGHTS IN CANADA The Canadian Charter of Rights and Freedoms protects human rights in Canada. It is part of the constitution and applies at all levels of government. The charter lists basic rights and freedoms including:Freedom of conscience and religionFreedom of thought, belief, opinion and expressionFreedom of peaceful assembly and associationThe right to voteThe rights to enter, remain in and leave CanadaThe right to equality before and under the law, without discrimination based on race, ethnic origin, colour, religion, sex, or metal or physical disability
4 RIGHTSBASIC RIGHTS OF PEOPLE RECEIVING HEALTH SERVICESHealth care legislation consists of acts and regulationsAct - another term for a specific lawRegulations - consist of detailed rules that implement the requirements of the act.BILLS OF RIGHTSGenerally, all clients have the following rightsthe right to be treated with dignity and respectthe right to privacy and confidentialitythe right to give or withhold informed consentthe right to autonomySometimes clients can not exercise their rights due to:Illness or injuryPhysical or mental disabilitiesOld age, if the person is confused or unable to make decisions
5 LEGAL ISSUES UNDERSTANDING LEGAL ISSUES You are legally responsible (liable) for your actionsCriminal law – offenses against the public and society in generalCrime - a violation of criminal lawCivil law - deal with the relationships between peopleTort - a wrongful act committed by an individual against another person or the person’s property
6 TORTS UNINTENTIONAL TORTS INTENTIONAL TORTS Negligence is when you fail to act in a careful and competent manner and thereby harm a person or damage property. Negligence can be caused byNot performing a task or procedure correctlyPerforming a task or procedure that you are not qualified to performMaking a mistakeINTENTIONAL TORTSAssault - intentionally attempting or threatening to touch a person’s body without the person’s permissionBattery - the actual touching of a person’s body without the person’s consentAlways be aware of the client’s wishes before you perform a task or procedure. Clients can withdraw consent at any time. If this happens, inform your supervisor.Both may result in both civil and criminal charges
7 TORTS INTENTIONAL TORTS CON‘T False imprisonment is the unlawful restraint or restrictions on a person’s freedom of movementInvasion or privacy -Every person has the right not to have his/her name, photo, private affairs, health information exposed or made public without having given consent.Defamation of character - injuring the name and reputation of a person by making false statements to a third person.Libel - in printSlander - orally
8 CONFIDENTIALITYHealth care professionals have the ethical and legal responsibility to maintain the confidentiality and privacy of client health information while providing care.The Personal Health Information Protection Act (PHIPA) ensures this.The PHIPA permits the sharing of personal health information among health care team members to facilitate efficient and effective care.
9 Personal Health & Information Protection Act (PHIPA) Established in November 1, 2004An Ontario act to establish rules governing the collection, use and disclosure of personal health information in the hands of doctors, hospitals or other health care providers. The act provides individuals with a right of access to personal health information about themselves.PHIPA applies to individuals and organizations involved in the delivery of healthcare services. Under the act, they are referred to as “health information custodians”.the act provides a set of rules for collection, use and disclosure of personal health information and includes the following provisions:Consent is required for collection, use and disclosure of personal health informationDoctors, hospitals, etc. are required to treat all personal health information as confidentialGuidelines are set for the use and disclosure of personal health information for research purposesAccount ability is ensured by granting individuals the right to complain if they have identified an error in their personal health information
10 CONFIDENTIALITY WHAT IS PERSONAL HEALTH INFORMATION? Any information relating to:Physical or mental health (including family hx)Previously provided care (including those who provided the care)A plan of servicePayments or eligibility for health careDonation of body parts (including blood)Information gained by testing of body parts or bloodA person’s health card numberThe name of a client’s SDMThis information must be kept confidential, otherwise, termination of employment and possible legal issues may arise.CONFIDENTIALITY VIDEO
11 CONSENT WHAT DO YOU NEED CONSENT FOR? Consent to tx Consent to admission to a health care facilityConsent to personal assistanceThe elements of consent include:The consent must related to the txThe consent must be informedThe consent must be given voluntarily
12 CONSENT The nature of the tx The expected benefits of the tx Consent must be informed this means that the patient understands the following:The nature of the txThe expected benefits of the txThe risks of the txThe side effects of the txAlternative courses of actionThe likely consequences of not having the txConsent may be:Implied: Consent that can be reasonably assumed from an individual’s actions or inactions.Expressed: can be given in writing, verbally, or electronically.
13 * There is no age of consent in Canadian healthcare * WHO OBTAINS CONSENT?A physician is responsible for obtaining consent. RN’s, RPN’s and PSW’s are not required to obtain/witness consents.If capable, the pt. makes the decision. If incapable, the substitute decision maker (SDM) will make the decision for the pt.* There is no age of consent in Canadian healthcare *
14 The Health Care Consent Act The HCCA is a law in Ontario that states that a patient must give consent before receiving any procedure or treatment. This means that a health care practitioner is not able to administer any treatment plan unless they have been given valid consent from the patient or patient’s guardian.The health care consent act was created on March 29th, 1996 to replace the former Consent to Treatment Act. Basically, this act was passed to ensure that no patient would have to undergo a procedure that they did not feel comfortable with or agree to.This act is based on the principle that the patient must meet specific standards to be able to give valid consent. What we mean by this:They have to be considered “mentally capable” of understanding what decision they are making.They must be aware of the possible side effects that the treatment could cause and the consequences of not having it done.The consent to the procedure has to be obtained voluntarily and proven not to be fraudulent.
15 LEGAL RESPONSIBILITIES The Regulated Health Professions Act (RHPA) provides a framework for regulating the scope of practice of 23 health professions in Ontario, under their respective regulatory Colleges.It includes a general Act, a Procedural Code for all the regulated health professions, and profession-specific Acts.The RHPA does not govern the practices of traditional healers or Aboriginal midwives.The RHPA outlines the manner in which Colleges operate with regard to health care professionals.The Act also regulates the manner in which Colleges are to deal with complaints against a health professional.Each college has its own procedure/process for dealing with complaints
16 PROFESSIONAL COLLEGES Colleges are responsible for:Regulating the practice of a health profession;Developing and maintaining standards of qualification for those who apply for certificates of registrationDeveloping and maintaining standards of professional practice, knowledge, skill and professional ethics for its members.There are 21 Colleges legislated under the RHPA, including:
17 PROFESSIONAL COLLEGES College of Audiologists and Speech-Language Pathologists (regulates two professions);College of Chiropodists of Ontario (also regulates Podiatrists);College of Chiropractors of Ontario;College of Dental Hygienists of Ontario;Royal College of Dental Surgeons of Ontario;College of Dental Technologists of Ontario;College of Denturists of Ontario;College of Dieticians of Ontario;College of Medical Radiation Technologists of Ontario;College of Medical Laboratory Technologists of Ontario;*College of Massage Therapists of Ontario;*College of Midwives of Ontario;*College of Nurses of Ontario;*College of Optometrists of Ontario;*College of Occupational Therapists of Ontario;*College of Opticians of Ontario;*College of Pharmacists of Ontario;*College of Physicians and Surgeons of Ontario;*College of Physiotherapists of Ontario;*College of Psychologists of Ontario;*College of Respiratory Therapists of Ontario.
18 YOUR RIGHTS YOUR LEGAL RIGHTS Legislation ensures that Canadian workers receive fair wages and work in a fair and safe environment. All provinces have legislation that address:human rightsoccupational health and safetyemploymentlabour relationsworkers compensationlong-term care servicescommunity services