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17 Cards in this Set
- Front
- Back
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4 basic sources of law that provide individual rights
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Common law
Constitutional law Statutory law Administrative law |
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Developed from court decisions
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common law
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Based on the US constitution, as well as the constitution of the state where the person lives.
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Constitutional law
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Enacted by Congress or a state legislature in the form of individual statutes, which together form a code.
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Statutory law
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Created by administrative agencies, such as the Department of Health and Human Services, by statute, Congress, or the state legislature.Authorizes an agency to create laws known as rules or regulations.
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Administrative law
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Any manual, mechanical, chemical or other means of restricting movement or access to one's body, against one's will.
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Restraint
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Isolating a person from others and physically preventing him or her from leaving a confined area.
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Seclusion
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Use of restraint and seclusion
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1. Used only if less restrictive means have failed
2. May require an order from a licensed professional 3. There is imminent danger to oneself or others 4. Ongoing monitoring of the person must occur while in seclusion or restraint 5. Follow up after restraint or seclusion should occur with staff and patient. |
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Doing good for each patient
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Beneficence
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Recognition of the right of each patient to make choices (self determination)
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Autonomy
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Legal term that describes a person's mental ability to understand the nature and effect of one's decisions and acts. (Law presumes that an adult individual is competent unless proven otherwise)
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Competency or capacity
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Cares for the personal needs of the ward
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Guardian of the person
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Cares for the property of the ward
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Guardian of the Estate
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Cares for the personal needs and the property of the ward
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Plenary guardianship
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A document in which a competent person, the principal, appoints another, the agent, to act for him in legal and financial matters
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Power of Attorney
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Refers to a patient's right to consent to care only after the health care provider fully discloses risks and facts necessary to make an informed decision about health care
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Informed consent
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4 Titles in Americans with Disabilities Act
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Employment
Transportation Accomodations Telecommunications |
