Due Process Is an Employee's Entitlement to a Fair Hearing

question 5

True/False

Due process is an employee's entitlement to a fair hearing before discipline can be given out.

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Definitions:

Informed Consent

A process by which a person knowingly and voluntarily agrees to participate in a particular procedure or treatment, after understanding all relevant facts and risks involved.

Implied Consent

The legal requirement for obtaining consent before providing medical care has always been tempered by the privilege to render emergency medical care without the patient's consent. This privilege is based on the theory of implied consent. The law assumes that an unconscious patient would consent to emergency care if he or she were conscious and able to consent. The health care providers may rely upon implied consent only in the absence of consent. Implied consent can never overrule the explicit rejection of medical care.

Emancipated Minor

A person who is not legally an adult (18 years of age) and may not require parental permission for medical or surgical care.

Mature Minor

A legal concept recognizing that minors may possess the maturity to make certain medical decisions on their own behalf.