g-cfa ppt 3-1 legal issues

8/11/2019 G-CFA PPT 3-1 Legal Issues

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Legal Issues in

Clinical Education

Copyright 2008 by The Health Alliance of MidAmerica LLC


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Objectives

Present essential basic legal concepts

Reduce risk

Faculty role

Student policies and practicesexceptions

FERPA

HIPAA

Allocation and management of risks


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Because of its value in our society, the law

offers some protections to those who

engage in teaching.

Doctrine of Academic Abstention

Sovereign Immunity


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Understanding Risks:

A parade of horribles Balancing Professional Expectations, Patient

Welfare, and Instructional Needs


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Understanding Risks

Duties are owed to patients, employers,

students, the institution, and the profession

but they are congruent.


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Understanding Risks

DUTY + BREACH { Present Causation and

Damages } = Liability


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Understanding Risks

Duty and Standard of care


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Understanding Risks

Public institutions have Constitutional Duties

and Private institutions often contract to

protect these values.


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Understanding Risks

The secret of education is respecting the pupil.

Ralph Waldo Emerson


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Frequently Asked Questions

Am I liable for what a student I am instructing or

acting as preceptor does or fails to do?

Should I have insurance to serve in this clinicaleducator role?

When I initial notes in a chart entered by a

student am I attesting to their veracity?


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Understanding Risks

Due Process

Is this academic or a conduct based

dismissal?


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Understanding Risks

Due Process

If there is a property interest or a contractual

obligation what process is due?


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Understanding Risks

Substantive Due Process

Whether the decision was fundamentally fair


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Understanding Risks

All persons are entitled to Equal Protection


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Understanding Risks

All persons are protected from discrimination

on the basis of race, sex, age, disability, color,

national origin, religion, veterans status, andsometimes marital or family status or sexual

orientation.


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Understanding Risks

Harassment is a form of discrimination.


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Student Issues: Policies

Take time to become familiar with the policies

affecting the students and your responsibilities

(know where to find them when needed).


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Family Educational Rights and Privacy Act

1974

FERPA

Buckley Amendment


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FERPA

Regulates disclosure of student records

Offers students the ability to review andchallenge records


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FERPA

Covers records which contain information

that identifies student Disclosure must follow guidelines


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FERPA

Schools designate Directory information that

can be shared. Students can request that their Directory

information not be shared.

Release should be by school officials.


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Grading

Due process and developmental instruction

favor frequent evaluation and feedback. Afailing grade should not be a surprise to the

student.

Learning is not compulsory neither is

survival. W. Edwards Deming


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Syllabi

Evidence of our contract with our students.


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Academic Assessment Issues

measurement of performance

ability to perform


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Student Issues: Practices

Assumptions are the termites of relationships.

Henry Winkler, actor (1945- )

Be familiar with customs, expectations and

actual practices regarding confidentiality, fair

(or due process) procedures, and professional

and academic integrity.


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Student Issues:

Exceptional Circumstances Ignorance more frequently begets confidence

than does knowledge.

Charles Darwin, naturalist and author(1809-1882)


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Student Issues:

American with Disabilities Act Accommodations are intended to provide

equal opportunity to otherwise qualified

students who meet the technical standards.


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Student Issues:

Americans with Disabilities Act Faculty are not to make accommodation

decisions without consultation.

Accommodations cannot fundamentallyalterthe nature of the program, lower

standardsor cause an undue burden.


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Health Insurance Portability and

Accountability Act (HIPAA) Protects medical record information from

release without consent and one's ability to

challenge ones records for accuracy. There are financial and criminal penalties for

violations.


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Allocation And Reduction Of Risks

Affiliation Agreements: Define Duty and

Allocate Risk

Specify which party is responsible for activitiesand who makes decisions.


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Insurance

Different types of insurance include

professional liability, general liability and

medical/health.


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Risk Management Through:

Using good communication

Maintaining appropriate documentation

Protecting sovereign immunity

Protecting academic abstention by

exercising professional judgment


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Summary Slide

Conclusion and Your Questions


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Conclusion and Your Questions

Teaching people skills without giving them a

vision for a better future a vision based on

common valuesis only training.

Nido Qubein

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