1. 3 Essentials of the Legal System for Healthcare Professionals
Journal Topic: What types of conduct might result in a physician’s loss of license to practice medicine.

2. Learning Objectives Define all key terms.
List the four basic characteristics of state medical practice acts.
Describe the three methods by which a state grants a license to practice medicine.
Discuss conduct that may result in a physician’s loss of license to practice medicine.
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3. Learning Objectives
Identify the difference between licensure and certification.
Discuss what the term standard of care means for the physician and what it means for someone in your profession.
Describe the importance of the discovery rule as it relates to the statute of limitations.
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4. Learning Objectives
Discuss the importance of the phrase respondeat superior as it relates to the physician.

5. Medical Practice Acts Establish examining boards
Provide baseline for practice of medicine
Determine prerequisites for licensure
Forbid practice of medicine without a license
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6. Medical Practice Acts
Specify conditions for renewal, suspension, and revocation of licenses
Vary from state to state

7. Licensure of Physician
Examination
National Board Medical Examination (NBME)
Federal Licensing Examination (FLEX)
U.S. Medical Licensing Examination (USMLE)
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8. Licensure of Physician
Endorsement
An approval or sanction
Reciprocity
Cooperation of one state in granting license to practice medicine to a physician already licensed in another state
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9. Licensure of Physician
Registration
Occurs annually or biannually
Physicians must pay a fee
Physicians are required to complete seventy five hours of CME in a three year period

10. When Valid License Is Not Needed by a Physician
When employed by federal medical facilities (but must be a licensed physician to practice medicine in some state)
In an emergency
While establishing residency
When engaged solely in research

11. Revocation and Suspension
Unprofessional conduct
Falsifying records, gross immorality
Commission of a crime
Medicare/Medicaid fraud, rape, murder, larceny, narcotics conviction
Personal incapacity
Physical or mental incapacity

12. Licensure and Certification of Allied Health Professionals
Graduate from accredited school and pass national exam of competency
Certification
Meet standards set by accreditation body and pass national exam of competency

13. Accreditation
Voluntary request of official review by accrediting agency
Examine policy and procedures of agency
Must demonstrate that the institution maintains high standards
Examples:
JCAHO and CAAHEP

14. Standard of Care
Ordinary skill and care that must be used by medical practitioners
Must provide same knowledge, care, and skill that similarly trained physician and/or medical professional would provide under same circumstances
Perform as "reasonable and prudent" person would perform

15. Physicians Are… Not obligated to treat everyone in case of emergency
Expected to use reasonable, ordinary skill and care (not extraordinary)
Expected to exhaust all resources available to them for patient care
Not to expose patients to undue risk

16. Prudent Person Rule Also called the "reasonable person standard"
Must provide following information to patient:
Diagnosis
Risk and consequences of treatment
Expected benefits of treatment or procedure
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17. Prudent Person Rule Must provide following information to patient:
Alternative treatments
Prognosis if no treatment
Cost and expected pain
Follow acceptable standard of care

18. Confidentiality Keeping private all information about patient
No disclosure without written consent
Medical Patient Rights Act
A federal law that gives all patients right to have privacy respected and records held confidential

19. Statute of Limitations
Period of time patient has to file lawsuit
Usually one to three years
Discovery Rule
Begins when problem discovered or when the patient should have known of the injury

20. Good Samaritan Laws
State laws help protect health care professionals and ordinary citizens from liability while giving care in emergency
No one is required to provide aid – except in Vermont
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21. Good Samaritan Laws
Only required to act within limits of acquired skill and training
Once you start you must continue until help arrives or you physically cannot continue

22. Respondeat Superior "Let the master answer"
Employer liable for acts of employee within scope of employment

23. Employee's Duty to Carry Out Orders
Duty to interpret and carry out orders
Duty to clarify ambiguous or erroneous orders
Duty to decline orders that appear dangerous for patient and to notify physician

24. Scope of Practice
Must understand and work within scope of practice for discipline
Must understand and practice within guidelines of profession
Must understand and follow chain of command so no employee makes decision he or she is unqualified to make

25. Employer's Duty to Employees
Responsibility to provide safe environment for employees and staff
Most have liability insurance to cover accidents and unforeseen incidents
May bond employees who handle money
Some have liability insurance for auto if used for work-related business

26. Risk Management
A practice used to control or minimize incidence of problem behavior that might result in injury to patients and employees and liability for physician/employer
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27. Risk Management Identify risk behaviors and practices
Develop and follow plan of action to eliminate problem behavior
Address corrective actions in policy and procedure books and employee handbooks

28. Incident Report Means of documenting problem areas
Should be used for all unusual occurrences, including:
Falls
Error in dispensing medication
Needle sticks
Any patient or employee complaint