OCT 1131 FINAL EXAM QUESTIONS & ANSWERS
Understanding the various sources of law can help OTs because then OTs:
a. Can focus on federal statutes because they are the most important, especially the
Criminal Code of
Canada.
b. Can focus on provincial statutes because the province has constitutional authority
over the regulation
of professions.
c. Will be more likely to identify an applicable legal duty.
d. Will understand that courts interpret and apply statutes, and have the final say -
Answers :The best answer is (c). By ignoring any one source of law, an OT may
overlook an applicable legal duty.
Extended health insurers are fed up with health care "billing fraud." As a group, they set
a maximum
compensation rate of $30/hour for all practitioners other than dentists. OTs are angry
about this ceiling,
and some of the OTs on Council bring a motion that the College establish a reasonable
fee schedule for OT
services. What approach should the College take?
a. Since the College establishes standards of practice including billing rules for OTs, it
should establish a
suggested fee schedule.
b. The College acts to serve and protect the public. This is a professional self-interest
matter better left to
a professional association.
c. As an entity that values collaboration, the College can model this value by joining with
all stakeholders,
including insurers and professional associations, to work out an acceptable solution.
d. Since the College is accountable to the Minister of Health and Long-Term Care, the
Colleg - Answers :The best answer is (b). The College's public interest mandate
prevents it from acting on behalf of the
profession on self-interest issues. This is the role of professional associations.
Participating in this initiative
would result in confusion as to who the College serves.
Tie, an OT, does home assessments for the Community Care Access Center (CCAC).
A number of clients
,have made complaints that his assessments did not result in the recommendations they
had hoped for. In his
written response to the Inquiries, Complaints and Reports Committee (ICRC), he says,
"I call it as I see it. If
clients don't like it, they can lump it."
Is Tie's response appropriate?
a. No, it will anger the clients and increase the likelihood that they will appeal the ICRC
decision to
HPARB.
b. No, the response may reinforce the clients' concerns that Tie is not a careful,
objective assessor.
c. No, the public appointees on the ICRC panel are sympathetic to clients and may be
offended by the
response's abrupt tone.
d. Yes. Tie has the legal right to present his own defence as he sees fit. The ICRC
panel cannot hold Tie's
advocacy style against him. - Answers :The best answer is (b). The ICRC panel is
usually made up of a majority of OTs and some public members.
They consider all of the information before them, including how Tie responds to the
complaint. Even if the
panel concludes that Tie was technically justified in his recommendations, it could
consider the manner
and tone of Tie's communication. The panel might be more inclined to take action, such
as directing an
educational or remedial response (e.g., a caution in person, communication courses), if
they sense that Tie is
aggravating the clients' concerns.
Why do public Council meetings and a Public Register setting out OTs' registration and
discipline history, as
well as consulting the public about new regulations and bylaws, exemplify transparent
regulation?
a. They illustrate that openly regulating the profession inspires public confidence in the
College.
b. The RHPA requires these activities to be done publicly.
c. They are different methods of providing public access (e.g., in person, website,
written
communications).
d. They are all on the Public Register - Answers :Answer (a) is the best answer. The
underlying theme of all of the College's transparent activities is that
significant regulatory action performed in front of an audience is more likely to serve the
public interest and
inspire public confidence.
, Aleesha wonders if it is acceptable to provide occupational therapy treatment to pets.
She searches the
College website and finds no standards, guides or regulations that speak to her
question.
Should Aleesha conclude that:
a. No news is good news. If providing services to pets was an issue, there would be
something about it
on the College website.
b. In the absence of a College regulation or standard, she should apply her best
professional judgement.
c. Not every issue is specifically addressed in the College's regulations and standards.
She needs to look
elsewhere for an answer.
d. If nothing is written, then unwritten standards of practice apply. She should consult
with her peers on
the accepted standard of practice. - Answers :Answer (c) is the best answer. The
College website does not cover every legal issue that an OT might face,
particularly if an issue is uncommon in occupational therapy practice. In fact, there is
legislation dealing with
the treatment of animals; the Veterinarians Act may well apply and is administered by
another college.
How should OTs reconcile the "right to remain silent" with their duty to co-operate with
the College?
a. While OTs can remain silent, the College is then free to infer the worst about the OT's
behaviour.
b. The College cannot force an OT to respond. However, it can discipline an OT who
chooses to exercise
that right.
c. The right to remain silent is a popular misconception often seen in TV dramas.
d. Since the role of the College is to protect the public and not to punish OTs, OTs are
expected to cooperate
with the College. - Answers :Answer (d) is the best answer. It addresses the key reason
why OTs are expected to co-operate with the
College.
What should an OT do if a client asks him or her for a date?
a. Ask the client to repeat the request once the services are completed.
b. Accept the request if the OT wants to date the client, but tell the client that they
cannot have sex.
c. Explore with the client other people who the client could date.
d. Explain that it is inappropriate for an OT to date his or her client. - Answers :Answer
(d) is the best answer. OTs need to approach all client relationships on a professional
level and not
allow themselves to dwell on other possibilities. While you could respond that OTs are
"not allowed" to date
Understanding the various sources of law can help OTs because then OTs:
a. Can focus on federal statutes because they are the most important, especially the
Criminal Code of
Canada.
b. Can focus on provincial statutes because the province has constitutional authority
over the regulation
of professions.
c. Will be more likely to identify an applicable legal duty.
d. Will understand that courts interpret and apply statutes, and have the final say -
Answers :The best answer is (c). By ignoring any one source of law, an OT may
overlook an applicable legal duty.
Extended health insurers are fed up with health care "billing fraud." As a group, they set
a maximum
compensation rate of $30/hour for all practitioners other than dentists. OTs are angry
about this ceiling,
and some of the OTs on Council bring a motion that the College establish a reasonable
fee schedule for OT
services. What approach should the College take?
a. Since the College establishes standards of practice including billing rules for OTs, it
should establish a
suggested fee schedule.
b. The College acts to serve and protect the public. This is a professional self-interest
matter better left to
a professional association.
c. As an entity that values collaboration, the College can model this value by joining with
all stakeholders,
including insurers and professional associations, to work out an acceptable solution.
d. Since the College is accountable to the Minister of Health and Long-Term Care, the
Colleg - Answers :The best answer is (b). The College's public interest mandate
prevents it from acting on behalf of the
profession on self-interest issues. This is the role of professional associations.
Participating in this initiative
would result in confusion as to who the College serves.
Tie, an OT, does home assessments for the Community Care Access Center (CCAC).
A number of clients
,have made complaints that his assessments did not result in the recommendations they
had hoped for. In his
written response to the Inquiries, Complaints and Reports Committee (ICRC), he says,
"I call it as I see it. If
clients don't like it, they can lump it."
Is Tie's response appropriate?
a. No, it will anger the clients and increase the likelihood that they will appeal the ICRC
decision to
HPARB.
b. No, the response may reinforce the clients' concerns that Tie is not a careful,
objective assessor.
c. No, the public appointees on the ICRC panel are sympathetic to clients and may be
offended by the
response's abrupt tone.
d. Yes. Tie has the legal right to present his own defence as he sees fit. The ICRC
panel cannot hold Tie's
advocacy style against him. - Answers :The best answer is (b). The ICRC panel is
usually made up of a majority of OTs and some public members.
They consider all of the information before them, including how Tie responds to the
complaint. Even if the
panel concludes that Tie was technically justified in his recommendations, it could
consider the manner
and tone of Tie's communication. The panel might be more inclined to take action, such
as directing an
educational or remedial response (e.g., a caution in person, communication courses), if
they sense that Tie is
aggravating the clients' concerns.
Why do public Council meetings and a Public Register setting out OTs' registration and
discipline history, as
well as consulting the public about new regulations and bylaws, exemplify transparent
regulation?
a. They illustrate that openly regulating the profession inspires public confidence in the
College.
b. The RHPA requires these activities to be done publicly.
c. They are different methods of providing public access (e.g., in person, website,
written
communications).
d. They are all on the Public Register - Answers :Answer (a) is the best answer. The
underlying theme of all of the College's transparent activities is that
significant regulatory action performed in front of an audience is more likely to serve the
public interest and
inspire public confidence.
, Aleesha wonders if it is acceptable to provide occupational therapy treatment to pets.
She searches the
College website and finds no standards, guides or regulations that speak to her
question.
Should Aleesha conclude that:
a. No news is good news. If providing services to pets was an issue, there would be
something about it
on the College website.
b. In the absence of a College regulation or standard, she should apply her best
professional judgement.
c. Not every issue is specifically addressed in the College's regulations and standards.
She needs to look
elsewhere for an answer.
d. If nothing is written, then unwritten standards of practice apply. She should consult
with her peers on
the accepted standard of practice. - Answers :Answer (c) is the best answer. The
College website does not cover every legal issue that an OT might face,
particularly if an issue is uncommon in occupational therapy practice. In fact, there is
legislation dealing with
the treatment of animals; the Veterinarians Act may well apply and is administered by
another college.
How should OTs reconcile the "right to remain silent" with their duty to co-operate with
the College?
a. While OTs can remain silent, the College is then free to infer the worst about the OT's
behaviour.
b. The College cannot force an OT to respond. However, it can discipline an OT who
chooses to exercise
that right.
c. The right to remain silent is a popular misconception often seen in TV dramas.
d. Since the role of the College is to protect the public and not to punish OTs, OTs are
expected to cooperate
with the College. - Answers :Answer (d) is the best answer. It addresses the key reason
why OTs are expected to co-operate with the
College.
What should an OT do if a client asks him or her for a date?
a. Ask the client to repeat the request once the services are completed.
b. Accept the request if the OT wants to date the client, but tell the client that they
cannot have sex.
c. Explore with the client other people who the client could date.
d. Explain that it is inappropriate for an OT to date his or her client. - Answers :Answer
(d) is the best answer. OTs need to approach all client relationships on a professional
level and not
allow themselves to dwell on other possibilities. While you could respond that OTs are
"not allowed" to date
