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| Module code: MBG21-7 |
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5V (5 hours per week) |
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6 |
| Semester: 2 |
| Mandatory course: yes |
Language of instruction:
German |
Assessment:
Exam achievement
[updated 15.11.2021]
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MBG21-7 (P311-0181) Management and Professional Pedagogy in Health Care, Bachelor, ASPO 01.10.2021
, semester 2, mandatory course
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75 class hours (= 56.25 clock hours) over a 15-week period.
The total student study time is 180 hours (equivalent to 6 ECTS credits).
There are therefore 123.75 hours available for class preparation and follow-up work and exam preparation.
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Recommended prerequisites (modules):
MBG21-1 Academic Methodologies and Study Skills I
[updated 12.10.2023]
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Recommended as prerequisite for:
MBG21-12 Health Care and Nursing Legislation II
[updated 12.10.2023]
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Module coordinator:
Prof. Dr. Dagmar Renaud |
Lecturer:
Externe Dozierende
[updated 12.10.2023]
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Learning outcomes:
Principles and Selected Aspects of Criminal and Civil Law:
After successfully completing this module, students will have the following skills and competencies:
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Knowledge and Comprehension:
Students will be able to name basic methods and knowledge that can be used to solve criminal and civil law issues and cases.
They will be able to understand standard contractual arrangements from the health care sector by working with legal texts.
They will have developed and sharpened their awareness of the role of legal jurisdiction in the further development of the law.
They will be familiar with the structure, principles and legal norms of the Criminal Code relevant to the health professions.
The Use, Application, and Generation of Knowledge:
Students will be able to apply their basic knowledge of criminal and civil law, acquired in this module, to case studies.
They will be able to discuss case solutions within the context of criminal and civil legislation.
Scientific Self-Concept/Professionalism:
Students will be able to recognize criminally relevant actions within the scope of their professional practice in good time and prevent them.
Basics of Social Security Law and Selected Aspects of Care and Professional Law
After successfully completing this module, students will have the following skills and competencies:
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Knowledge and Comprehension:
Students will be familiar with the law on social benefits.
They will be familiar with the legal structures for securing health care within the system in general, as well as in the area of the risk-related institutionalization of health care.
They will be able to identify health policy conflicts of interest in individual legal controversies relating to social legislation.
They will be able to name basic social insurance law, hospital law and nursing home law issues.
They will be familiar with the legal framework of hospital care and hospital law.
They will be familiar with the nursing home legal system, in particular the Home Act and the ordinances corresponding to the Home Act, e.g. the regulations pertaining to personnel, insurance and resident participation.
They will be familiar with the main features of the law on guardianship.
They will be able to recognize problems related to guardianship law in professional practice.
They will be able to identify the essential problems, possibilities and limits of advance dispositions (living will, health care proxy, nursing care proxy).
Students will be familiar with laws pertaining to their profession.
The Use, Application, and Generation of Knowledge:
Students will be able to apply their knowledge about social security law, nursing care law and other laws pertaining to their profession to case studies.
They will be able to discuss case solutions in the context of social security law, nursing care law and other laws pertaining to their profession.
They will be able to develop solutions to problems related to guardianship law in professional practice.
Scientific Self-Concept/Professionalism:
Students will be able to justify their own professional actions on the basis of social security law, nursing care law and other laws pertaining to their profession.
[updated 15.11.2021]
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Module content:
Principles and Selected Aspects of Criminal and Civil Law
1. Introduction to the Civil Code
Structure of the Civil Code
2. The general part of the Civil Code
The declaration of intent (explicit, implied, presumed consent)
Special case: Providing patients with the proper information as a prerequisite for effective consent
Ways of informing patients, scope of information, documenting information and consent
Legal consequences of legally ineffective consent due to insufficient clarification/information
Agency
Legal capacity, absence of intent and formal errors
The consent of minors
3. The General Law of Obligations
Introduction to law of obligations Grounds, content and termination
The inclusion of general terms and conditions
Breach of contract: Impossibility and delay
Contractual liability according to §§ 280 ff. BGB
4. The Special Law of Obligations
The (total/split) hospital admission agreement, the nursing home contract, the care contract, tortious liability according to § 823 BGB
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Introduction to the rules concerning the burden of proof
The basic structure of the rules concerning the burden of proof, simplification of the burden of proof and reversal of the burden of proof
6. Will with three witnesses
Introduction to the topic and to the requirements for the effectiveness of a will with three witnesses
Legal consequences of an incorrectly drawn up will with three witnesses
7. Introduction to the StGB (Penal Code)
Structure of the Penal Code
8. The general part of the Penal Code
Perpetration and participation
Instigation and aiding and abetting
Acts and omissions
Establishment of the facts, unlawfulness, guilt
Crimes of omission
9. Selected offences from the Penal Code
(Duty of) confidentiality
Assault
Deprivation of personal liberty (custodial measures)
Coercion
Homicides (differentiation from suicide, euthanasia, care of the dying), Special case: Mercy killing
Basics of Social Security Law and Selected Aspects of Care and Professional Law
1. The term “social security law”
2. Systematic structure of the social security law
Definition of terms, introduction to social security law, structure of social security
3. Social Data Protection (German Social Code X (SGB X))
Definitions, data collection, data processing and use
Organizational measures for the protection of social data, rights of those affected, data protection officers; special legal provisions on social data protection in SGB V and SGB XI
4.
Statutory Health Insurance (SGB V)
Origins of statutory health insurance
The insured
Services provided by statutory health insurance Benefits in kind, services, cash benefits, health promotion and disease prevention, sickness benefits, sickness allowance, pregnancy and maternity benefits, financing statutory health insurance, statistics
5.
Rehabilitation and Participation of Disabled People (SGB IX)
Introduction to the topic
Self-determination and participation in life in society: General regulations, participation benefits, participation benefits of rehabilitation providers in detail
6.
Social Care Insurance (SGB XI)
Origins of social care insurance
Long-term care benefits under other legal provisions of German social law, applying for benefits, expert opinions on long-term care, the levels of long-term care, distinguishing features, legal remedies, benefits under home care insurance, current benefits, additional current benefits, additional benefits on demand, financing long-term care insurance, statistics
7.
Hospital law
Investment promotion, hospital planning and remuneration systems, opening hospitals, medical care centers/integrated care
8.
Nursing home law
Das Heimgesetz (Nursing home law), the regulations (especially with regard to care personnel, insurance and the participation of nursing home residents)
1. Guardianship/care law
The nature and conditions of guardianship
The legal status of the patient
The legal effects of guardianship, in particular the requirement of consent
Begin, duration and end of guardianship
The scope of caregiver duties with a special focus on health care and the right of residence
The competences and limits of the caregiver
The scope of caregivers’ duties with a special focus on health care and the right of residence
Urgent case regulations/universal jurisdiction of the guardianship court
2. Living will Precautionary power of attorney Advance care directive
On the importance of self-determination and autonomy at the end of life
Types of advance directives (living will, precautionary power of attorney, care directive)
Prerequisites for the effectiveness of a patient decree/power of attorney
The binding force of the patient decree/precautionary power of attorney vis-à-vis the authorized representative/caregiver/physicians/nursing staff
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Laws governing a profession
The legal provisions relevant to professions and training (including KrPflG, AltPflG, KrPflAPrV, AltPflAPrV, § 63 (3b) and (3c) SGB V)
The legal requirements for the establishment of nursing boards
The legal requirements for the academization of health and nursing professions
Europe and nursing qualifications in Germany The EC Directive on the recognition of professional qualifications
Blended learning
[updated 15.11.2021]
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Recommended or required reading:
Recommended literature will be announced at the beginning of the course.
[updated 15.11.2021]
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