Law and Ethics

Question 1

Health Insurance Portability and Accountability Act 1996 (HIPAA)

Answer 1

Protects worker’s health insurance coverage when they change jobs, limits exclusions for pre-existing conditions, and prohibits discrimination in enrollment or premiums charged based on employees’ or dependents’ health status.

Question 2

Define Intellectual Property Rights

Answer 2

Represent creations of the mind or intellect that can be owned such as copyright, patent, and trademark creations. The less clear area of trade secrets is sometimes included in this category.

Question 3

Define Over-the-Counter (OTC) products

Answer 3

Products that are available by ordinary retail purchase, with no need for a prescription or license.

Question 4

Occupational Safety and Health Administration (OSHA)

Answer 4

An agency of the U.S. Dept. of Labor, created by Congress under the Occupational Safety and Health Act. This agency issues and enforces standards for safe and healthy work conditions.

Question 5

Define Non-compete Clause

Answer 5

Promise by an employee not to compete with his or her employer for a specified time, and within a specified geographic area.

Question 6

Define Prescription Label

Answer 6

The label generated and applied to a drug package or prescription container of drugs that includes pertinent information including how to properly give the medication to the patient.

Question 7

Define Internet Pharmacy

Answer 7

A website that offers access to prescription drugs from the comfort of one’s home.

Question 8

It’s The Law Posters

Answer 8

Defines an employees right and employers responsibilities

Question 9

Define Informed Consent

Answer 9

A person’s agreement to allow something to happen, such as a medical procedure that is based on full disclosure of the facts necessary to make an intelligent decision.

Question 10

Define Waste Disposal

Answer 10

Removing and destroying or storing damaged, used, or other unwanted domestic, agricultural, or industrial products and substances.

Question 11

Regulatory Agencies

Answer 11

Government agencies that perform oversight

Question 12

Safety Data Sheets (SDS)

Answer 12

16 section document for each drug or chemical providing all important information regarding the use of the substance, including hazards, safe handling, chemical properties, and disposal concerns.

Question 13

Define Duty

Answer 13

Ethical, legal or moral responsibility of conduct, function or performance, that usually arises from an implied contract.

Question 14

Ergonomics

Answer 14

A science that deals with designing and arranging things so that people can use them easily and safely.

Question 15

Ethics

Answer 15

Moral principles that govern the behavior of the veterinary practice and it’s employees.

Question 16

Fair Credit Reporting Act 1971

Answer 16

Employers often rely on information in consumer credit reports to make hiring or retention decisions. The FCRA places disclosure obligations on users of these reports.

Question 17

Consent

Answer 17

To permit, approve, or agree

Question 18

Controlled Substance

Answer 18

Any product regulated by the Controlled Substance Act and/or the Controlled Substance Import and Export Act.

Question 19

Disclosure

Answer 19

The action of making new or secret information known

Question 20

Drug cabinet

Answer 20

A secured cabinet intended to limit access to drugs and controlled substances.

Question 21

Drug Free Workplace

Answer 21

An employment setting where all employees adhere to a program of policies and activities designed to provide a safe workplace, discourage alcohol and drug abuse an encourage treatment, recovery and the return to work of those employees with such abuse problems.

Question 22

Antitrust

Answer 22

A collection of federal and state laws that regulate the conduct and organization of businesses to promote fair competition for the benefit of the consumer.

Question 23

At-Will Employment

Answer 23

Form of employment in which the employee is serving the employer at the will of both parties. This allows the employer to terminate its employees with or without cause.

Question 24

Breach of Confidentiality

Answer 24

Failure to act in a required or promised way regarding trusted or private information.

Question 25

Child-proof Containers

Answer 25

Resistant to being opened or tampered with by a child.

Question 26

Collective Bargaining

Answer 26

The process through which a Labor Union and employees negotiate with the employer the terms of the employment relationship such as wages and benefits.

Question 27

Drug Schedules

Answer 27

Drugs, substances, and certain chemicals used to make drugs are classified into five distinct categories or schedules depending upon the drug’s acceptable medical use.

Question 28

Privacy

Answer 28

The state or condition of being free from observation, or disturbed by other people.

Question 29

Practice Act

Answer 29

A state’s or commonwealth’s law, codified into regulations, describing what licensed and non-licensed employees can and cannot do, as well as acceptable medical standards, as it relates to veterinary medicine.

Question 30

Personal Protective Equipment (PPE)

Answer 30

Items that can or must be worn to protect the individual for direct or indirect contact with hazardous substances

Question 31

Identity Theft

Answer 31

The illegal use of someone else’s personal information (i.e., a Social Security number), especially in order to obtain money or credit.

Question 32

Implied Contract

Answer 32

An agreement created by actions of the parties involved, but it is not written or spoken.

Question 33

Form 300A

Answer 33

Form used to log work-related injuries and illnesses. Summary of Work Related Illness and Injury

Question 34

Professional courtesy

Answer 34

A form of mutual respect among people in the same line of work.

Question 35

Right to Know

Answer 35

Refers to employees “Right to Know” the information within OSHA’s Hazard Communications Standards.

Question 36

Retention Schedule

Answer 36

A document that lists the names of the record series produced by your practice, along with their agreed retention periods and disposition methods.

Question 37

Retention

Answer 37

The continued possession, use, or control of something

Question 38

Scope

Answer 38

In project management, it is a set of boundaries that define the extent of the project. These boundaries determine what falls inside and outside the project and what is, or is not included, during the planning.

Question 39

Secondary Labels

Answer 39

OSHA required labels for most chemicals and compounds being used beyond the original manufacturer’s container that the product was shipped in.

Question 40

Veterinary-Client-Patient-Relationship (VCPR)

Answer 40

The relationship that exists when a veterinarian has assumed the responsibility for making a medical judgment regarding the health of an animal and the need for medical treatment, the veterinarian has sufficient knowledge to initiate a general diagnosis, and the client has agreed to employ the veterinarian and to follow his/her instructions.

Question 41

Four essential elements to succeed with a legal action for Libel or slander

Answer 41

1. Making of a defamatory statement
2. Publication of such statement to an individual other than the plaintiff.
3. Identification of the plaintiff as the individual defamed in some manner.
4. Injury or damage to the reputation of the plaintiff.

Question 42

Prima Facie Tort

Answer 42

Intentionally doing that which is calculated in the ordinary course of events to damage, and which doe sin fact damage another in that person’ property or trade is actionable if done with out just cause or excuse.

Question 43

Barratry

Answer 43

Multiple Acts of stirring up lawsuits

Question 44

Defamation

Answer 44

Libel or slander

Question 45

Abuse of Process

Answer 45

Involves allegations that the malpractice plaintiff brought the suit with an ulterior motive

Question 46

Elements to prove Abuse of Process

Answer 46

1. Patients (or attorneys) made improper and unauthorized use of legal process
2. Malpractice plaintiffs had ulterior motives or purposes for bringing suit
3. Doctors have incurred damages resulting from the abuse of process

Question 47

Four elements to be proven for a malicious prosecution case.

Answer 47

1. Termination of the malpractice action in the defendant’s favor.
2. Lack of probable cause in bringing the malpractice action.
3. Malice in initiating the malpractice suit
4. Damages

Question 48

Comprehensive General Liability

Answer 48

Cover veterinarian’s business-related liabilities

Question 49

Bailment Coverage

Answer 49

Cover a practitioner’s negligence involving clients’ animals that are destroyed, are lost, or injured while they are in the custody of the veterinarian.

Question 50

Assumption of risk

Answer 50

When a defendant is able to prove that a plaintiff voluntarily encountered a known risk, the plaintiff may be barred from recovering even if the defendant was negligent.

Question 51

Professional Liability Insurance

Answer 51

Covers liabilities arising from one’s practice of veterinary medicine.

Question 52

Duty to Refer

Answer 52

General Practitioners should call upon experts to aid in the diagnosis and treatment of complicated illnesses and diseases

Question 53

Contributory Negligence

Answer 53

Conduct by a plaintiff which is below the standard to which he is legally required to conform for his own protection and which is a contributing cause which cooperates with the negligence of the defendant in causing the plaintiff’s harm.

Question 54

Conditions that must exist to invoke Res Ipsa Loquitur

Answer 54

1. Accident must have been one that does not ordinarily occur unless there is negligence.
2. The agent or instrumentality causing the injury complained of must have been within the control of the defendant.
3. The injury must not have been due to any voluntary action or contribution on part of the plaintiff.

Question 55

Things considered when determining punitive damages.

Answer 55

Degree of malice present
Nature of Property interest invaded
The dollar award needed to punish the defendant and deter such future conduct
The cost of bringing the suit
Annual income and net worth of the defendant.

Question 56

General Damages

Answer 56

Caused by and flowing naturally from the negligence of the defendant, like damages in the form of pain and suffering or emotional stress

Question 57

Punitive Damages

Answer 57

Usually awarded in addition to compensatory damages. Awarded for willful, malicious, intentional, or fraudulent acts or for gross and wanton acts of negligence.

Question 58

Consequential Damages

Answer 58

When the property of another is damaged, the liable part also can be held responsible for any normal and foreseeable consequential damages that arise from the injury.

Animal owners must show that their expenditures are related directly to the defendant’s negligence and would not have been incurred if it had not been for the animal’s injury, escape, or death.

Question 59

Special Damages

Answer 59

Routinely applied to losses involving animals
Damage awards involve establishing the animals fair market value
The difference between the animal’s fair market value before and after the injury is usually allowed.

Question 60

Compensatory Damages

Answer 60

Plaintiffs should be compensated for their injuries and the legal system should try to restore them as closely as possible to the form they were in before the wrong occurred.

Question 61

Nominal Damages

Answer 61

Awarded when judges or juries recognize that
1. Plaintiffs have filed valid causes of action
2. They have fulfilled their burden of proof to support a verdict in their favor.
Usually $1 granted due to insufficient proof of actual damages

Question 62

Types of Damages Awarded for Negligence

Answer 62

Nominal
Compensatory
Punitive

Question 63

Three Tests for Informed Consent

Answer 63

1. Physicians must disclose facts which a reasonable medical practitioner in a similar community and of the same school of medical thought would have disclosed regarding the proposed treatment.
2. Physicians disclose all risks that would be material to a reasonable, prudent person in the patient’s position
3. Subjective minority view - the jury determines what risks were or were not material to the particular plaintiff’s/patient’s decision with respect to treatment received or not received.

Question 64

Res Ipsa Loquitur

Answer 64

The principle that the occurrence of an accident implies negligence

Question 65

The Standard under Malpractice

Answer 65

Requires veterinarians to exercise the care and diligence as is ordinarily exercised by skilled veterinarians.

Question 66

The 4 essential elements required for the law of negligence

Answer 66

1. Establishing that the defendant had a duty to prevent an injury from occurring to the plaintiff or the plaintiff’s property. (Duty)
2. Establishing that the defendant violated that duty by failing to act in accordance with the standard of care expected of other vets under the same/similar circumstances (Breach of duty)
3. Showing that a reasonably close casual connection existed between the defendant vet’s conduct or lack of conduct and the resulting injury. (Proximate Cause)
4. Proving that actual damage or harm occurred to the interests of another person. (damages)

Question 67

Doctrine of Proximate Cause

Answer 67

The ability to prove that a reasonable close casual connection existed between the defendant vet’s conduct or lack of conduct and the resulting injury.

Question 68

Negligence

Answer 68

The doing of some act that a person of ordinary prudence would not have done under similar circumstances or the failure to do what a person of ordinary prudence would have done under the same or similar circumstances.

Question 69

What are the three areas of ethics

Answer 69

Social, personal, and professional

Question 70

Social Ethics

Answer 70

The consensus principles adopted or accepted by society at large and codified into laws and regulations.

Question 71

Personal Ethics

Answer 71

What is right or wrong on an individual basis

Question 72

Professional Ethics

Answer 72

developed by the professionals of a particular discipline developing rules, codes, and conduct for the profession to follow.

Question 73

Four branches of veterinary ethics

Answer 73

Descriptive, official, administrative, and normative

Question 74

Descriptive Ethics

Answer 74

The study of ethical views of veterinarians and veterinary professionals regarding their behavior and attitude.

Question 75

Official ethics

Answer 75

Involves the creation of the offical ethical standards adopted by organizations of professionals and imposed on their members

Question 76

Administrative Ethics

Answer 76

Actions by administrative government bodies that regulate veterinary practice and activities in which veterinarians engage.

Question 77

Normative Ethics

Answer 77

The search for correct principles of good and bad right and wrong, and justice or injustice

Question 78

Two categories of law

Answer 78

Civil and Criminal

Question 79

Civil Laws

Answer 79

Relates to the duties between people and the government. In veterinary medicine, contract law falls under civil law.

Question 80

Criminal Law

Answer 80

Prosecutes crimes committed against the public as a whole.

Question 81

Tort

Answer 81

A civil offense to an opposing party in which harm has occurred.

Question 82

Intentional tort

Answer 82

An intentional action that has taken place in which harm has occurred to another member of society.

Question 83

Unintentional Tort

Answer 83

Failure to practice the standard of care. i.e. an animal suffering an injury because of neglect.

Question 84

Contract Law

Answer 84

Deal with duties established by individuals as a result of a contractual agreement.

Question 85

Negligence

Answer 85

The performance of an act that a reasonable person under the same circumstances would not perform.

Question 86

Malpractice

Answer 86

Dereliction of duty, resulting in injury to the patient.

Question 87

Consent

Answer 87

Voluntary acceptance or agreement to what is planned or is done by another person.

Question 88

Informed Consent

Answer 88

In veterinary medicine when a veterinary practice has given information to a client regarding the proposed treatment, allowing the client to make an informed decision regarding whether to proceed with treatment.

Question 89

Elements that must be addressed to have complete informed consent.

Answer 89

1. Consent must be given freely
2. Treatment and diagnosis must be given in understandable terms.
3. Risks, benefits, and prognosis of the defined procedure must be stated as well as the prognosis if no treatment is elected.
4. Practice must provide a statement of alternative treatments or procedures along with the risks, benefits, and the cost of each.
5. Client must be given the right to ask questions and have them answered.

Question 90

AVMA Code of Ethics in regards to ER/Critical Patients

Answer 90

Veterinarians have an ethical responsibility to provide essential services for animals when necessary to save life or relieve suffering, subsequent to client agreement. Such emergency care may be limited to euthanasia to relieve suffering, or to stabilization of the patient for transport to another source of animal care.

Question 91

Four basic elements to prove a negligence case

Answer 91

1. Establishment of a VCPR
2. Breach of duty must be proven.
3. Proximate cause must be established.
4. Damages or harm incurred by the patient as a result of the negligent act must be displayed.

Question 92

Breach of duty

Answer 92

The failure of the veterinarian or technician to act in accordance with the standard of care.

Question 93

Proximate Cause

Answer 93

The connection between the negligent act of the veterinarian and/or technician and the harm to the patient caused by the act.

Question 94

Standard of Care

Answer 94

The duty to exercise the care and diligence that is ordinarily exercised by a reasonably competent veterinarian under normal circumstances.

Question 95

Guardian Ad litem

Answer 95

A person appointed to protect the interests of a minor or legally incompetent person in a lawsuit, or in this case, an animal.

Question 96

What governing body oversees safety regulations (US)?

Answer 96

Occupational Safety and Health Administration (OSHA)

Question 97

Carcinogen

Answer 97

Substance or agent that is known to cause cancer

Question 98

During orientation what safety factors should employees be introduced to?

Answer 98

Emergency Exits
Location of surgical gases
Location of fire extinguishers
Radiographic filming and developing areas
Bulletin boards where safety notices are posted
Location of safety manuals and material safety data sheets files
Location and use of personal protective equipment
Surgical Areas
Hospitalization/boarding areas, especially if sound levels are excessive and require protective equipment.

Question 99

What documentation should be available for the purposes of employee safety?

Answer 99

Name of safety officer/individual who trains employees and verifies safety conditions in the practice.
List of all hazardous chemicals used in practice
Filing system for material safety data sheets
Description of the labeling system used when compounds are transferred from their original containers
What to do in case of emergency, and steps to take in case of evacuation
Training program in place

Question 100

Things that should be included on a hazardous material list

Answer 100

Injectable medications
Pesticides
Antiseptics, disinfectants, and sanitizers
laboratory reagants
radiographic chemicals and supplies
disinfectants and hospital sanitizers (including please, but not routine household cleaners)
compressed gases

Question 101

What information is included on an SDS

Answer 101

identity of chemical
physical and chemical characteristics
health hazards
permissible exposure limits
whether it is a carcinogen
emergency first-aid procedures
specific hazards

Question 102

Which OSHA document should injuries be reported on?

Answer 102

300 Log

Question 103

What are the four elements to a facility’s OSHA compliance and safety program

Answer 103

administrative tasks
evaluation and control of facility or procedural hazards
the use of PPE
staff training

Question 104

Hazard Assessment

Answer 104

A physical exam of the facility and procedures of the practice looking for risks or potentially harmful procedures

Question 105

Hospital Safety Manual

Answer 105

A collection of all the safety rules, and policies of the facility

Question 106

PPE

Answer 106

Personal Protective Equipment. Items that are worn to protect the individual from direct or indirect contact with hazardous substances. Must be provided at no cost to staff members.

Question 107

SDS

Answer 107

Safety Data Sheet. A document prepared by the manufacturer of a product that contains detailed technical and safety information about the product

Question 108

Safety Director

Answer 108

Individual responsible for overseeing the safety plan for the entire facility.

Question 109

Premises liability

Answer 109

A legal term in which property owners are held responsible for any type of personal injury caused by some type of unsafe or defective condition.

Question 110

Invitee

Answer 110

Anyone who enters the premises by invitation and whose entry is connected with or may in some way enhance the business of the owner

Question 111

Licensee

Answer 111

Someone who enters the premises but does so for his or her own purposes rather than for the benefit of the business owner

Question 112

Trespasser

Answer 112

A person who goes on the premises without an express or implied invitation from the possessor.

Question 113

Attractive Nuisance Doctrine

Answer 113

A premises that has or creates a condition that may be reasonably seen as “attractive” yet is a source of danger (especially to a child) has a special duty to take reasonable precautions to prevent injury to children who may be attracted to the danger.

Question 114

Scienter

Answer 114

A legal term implying that the offender had knowledge of wrongdoing before the act was committed

Question 115

Imposing liability upon a part for an animal-related injury is dependant on what two important components?

Answer 115

The facts and circumstances surrounding the incident (including what or who was injured/damaged)
The jurisdiction in which the injury or damage occurred

Question 116

OSHA General Duty Clause

Answer 116

Requires an employer to provide a place of employment free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees.

Question 117

Hazard Assessment

Answer 117

A physical exam of the facility and procedures of the practice looking for risks or potentially harmful procedures

Question 118

Safety Manual

Answer 118

A written collection of safety-related information in the practice into one resource.

Question 119

Bloodborne Pathogens

Answer 119

Generally refers to disease-causing organisms present in the blood, but could refer to any organism capable of infecting a human from blood or body fluid contact.

Question 120

ALARA (radiology)

Answer 120

As-Low-As-Reasonably-Achievable. Making every reasonable effort to maintain exposures to ionizing radiation as far below the dose limits as practice.

Question 121

What is the set maximum permissible dose of ionizing radiation per year?

Answer 121

50 mSv/year

Question 122

Workers’ Compensation

Answer 122

A system for payment of benefits to injured workers and their families, primarily for lost wages and medical expenses incurred as a result of work-related injuries, sickness, disability, and death, usually without regard to negligence or fault.

Question 123

What are the priorities in emergency situations?

Answer 123

Public safety - protect human lives
Protection of property
Protection of the environment.
Animal protection in emergencies may be the highest priority for many people after the protection of human life.
Preservation of evidence for criminal prosecution may be critical in some events.

Question 124

What are the four phases of emergency management?

Answer 124

Mitigation
Preparation
Response
Recovery

Question 125

What is the National Incident Management System?

Answer 125

Mandates the use of the Incident Command System and provides a unified command structure that works to ensure that all resources working in an event are under a single command hierarchy

Question 126

What is the incident command system

Answer 126

A standardized system for management of emergency response across all levels of government: federal, state, county, and local.

Question 127

What is an Emergency Operations Plan?

Answer 127

A comprehensive plan addressing planning, preparedness, response, and mitigation based on a risk assessment and using an all-hazards approach to managing incidents.

Question 128

Risk analysis equation

Answer 128

Hazards + Vulnerabilities = Risk

Question 129

Who regulates the controlled substances that veterinaries use and dispense

Answer 129

DEA

Question 130

Which agency is responsible for enforcing the Controlled Substances Act

Answer 130

DEA

Question 131

Schedule I CDS

Answer 131

The drug or other substance has a high potential for abuse.
The drug or other substance has no currently accepted medical use for treatment in the US.
There is a lack of accepted safety for use of the drug or other substance under medical supervision

Question 132

Schedule II CDS

Answer 132

The drug or other substance has a high potential for abuse.
The drug or other substance has a currently accepted medical use in treatment in the US or a currently accepted medical use with severe restrictions.
Abuse of the drug or other substances may lead to severe psychological or physical dependence.

Question 133

Schedule III CDS

Answer 133

The drug or other substance has a potential for abuse less than the drugs or other substances in Schedules I and II.
The drug or other substance has a currently accepted medical use in treatment in the US
Abuse of the drug or other substance may lead to moderate or low physical dependence of high psychological dependence.

Question 134

Schedule IV CDS

Answer 134

The drug or other substance has a low potential for abuse relative to the drugs or other substances in Schedule III.
The drug or other substance has a currently accepted medical use in treatment in the US.
Abuse of the drug or other substance may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in Schedule III.

Question 135

Schedule V CDS

Answer 135

The drug or other substance has a low potential for abuse relative to the drugs or other substances in Schedule IV.
The drug or other substance has a currently accepted medical use in treatment in the US
Abuse of the drug or other substance may lead to limited physical dependence or psychological dependence relative to the drugs or other substances in Schedule IV.

Question 136

According to the CSA registration is required for which persons?

Answer 136

1. Every person who manufactures or distributes any controlled substance or List I chemical, or who proposes to engage in the manufacture or distribution of any controlled substance or List I chemical, shall obtain annually a registration issued by the AG in accordance with the rules and regulations promulgated by him.
2. Every person who dispenses or proposes to dispense any controlled substance shall obtain from the AG a registration issued in accordance with the rules and regulations promulgated by him.

Question 137

Which DEA form should be completed when reporting loss or theft

Answer 137

Form 106

Question 138

What questions can be asked for employees working in a controlled substances environment?

Answer 138

Within the past five years, have you been convicted of a felony, or within the past two years, of any misdemeanor, or are you presently formally charged with committing a criminal offense. If the answer is yes, furnish details of conviction, offense, location, date, and sentence.
In the past three years, have you ever knowingly used any narcotics, amphetamines, or barbiturates, other than those prescribed to you by a physician? If the answer is yes, furnish details.

Question 139

What governing body regulates all animal pharmaceuticals, medical devices, and medicated feeds and foods.

Answer 139

Food and Drug Administration (FDA)

Question 140

Which governing body regulates veterinary vaccines?

Answer 140

The United States Depart of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) Center of Veterinary Biologicals (CVB)

Question 141

Which governing body regulates topical pesticides used to treat fleas and ticks?

Answer 141

Environmental Protection Agency (EPA)

Question 142

Adverse Drug Event

Answer 142

Any adverse event associated with the use of an animal drug, whether or not considered to be drug-related, and whether or not the drug was used in accordance with the approved indication, species, or dosage. An ADE can also include lack of expected efficacy, product defect, or human exposure to the product either directly or due to residue violations and exposure in food.

Question 143

Food and Drug Administration

Answer 143

The FDA is an agency within the US Department of Health and Human Services that is responsible for protecting public health by regulating the manufacturing, marketing, and distribution to ensure the safety, efficacy, and security of human biological products, human and veterinary drugs, and medical devices, cosmetics, and products that emit radiation.

Question 144

Food and Drug Center for Veterinary Medicine

Answer 144

FDA-CVM is a branch of the FDA dedicated to ensuring the safety and efficacy of animal drugs, devices, medicated feed for companion and food-producing animals, and the safety of food products made from treated animals. In addition, the FAD-CVM monitors the safety and effectiveness of animal drugs on the market, ensures the safety of pet foods and food additives.

Question 145

National Animal Supplemental Council

Answer 145

The NASC is a nonprofit industry that provides guidelines for product quality assurance, adverse event reporting, and labeling standards for animal supplements.

Question 146

United States Pharmacopeia

Answer 146

USP. Established in 1820, the USP is a nongovernmental organization that sets quality standards for medicines, food ingredients, and dietary supplements for the United States and other countries.

Question 147

What are the three ways to report ADEs?

Answer 147

1. Call the drug company
2. Download Form FDA 1932a “Veterinary Adverse Experience, Lack of Effectiveness or Product Defect Report
3. Contact the FDA CVM by email

Question 148

An ADE report is generated when what four critical pieces of information are provided?

Answer 148

1. An identifiable reporter
2. An identifiable animal or human
3. An identifiable drug
4. One or more clinical signs.

Question 149

Which act regulates the USDA-APHIS CVB?

Answer 149

The Virus, Serum and Toxin Act

Question 150

Which Act regulates the EPA?

Answer 150

Federal Insecticide, Fungicide and Roenticide Act

Question 151

What Licenses, Permits, and Registrations are required for a veterinary hospital?

Answer 151

General Business License
Premise Permit
Employer's Identification Number
DEA Registration
Radiology and Laser Machine Registration (May be state dependant)

Question 152

What is a premise permit?

Answer 152

Used to ensure that every veterinary facility, whether privately or corporate-owned, meets at least minimum standards for cleanliness, record-keeping, and client access. This registration is the method by which the hospital enters the state-level facility inspection program.

Question 153

True or False:
Practices with more than one location are required to have a veterinarian registered with the DEA at each location if they store, administer or dispense controlled drugs from that location.

Answer 153

True

Question 154

What is an implementation plan when it comes to your Hazard Assessment

Answer 154

A list of changes or procedures that need attention.

Question 155

What is another name for the Hospital Safety Manual?

Answer 155

Injury and Illness Prevention Plan

Question 156

What rights do employers have under OSHA?

Answer 156

Set and enforce safety rules in the workplace.

Be present or designate a representative during any inspection or investigation.

Require that the Compliance Officer obtain a warrant before entering or inspecting the business.

Request the inspection (once notified) be postponed a reasonable time.

Expect that trade secrets will not be divulged to competitors as a result of an inspection or investigation.

Consult an attorney or advisor before, during, or after an inspection and before responding to any inquiry.

See any complaint that has been alleged against the business.

Insist that staff members be interviewed during an investigation or inspection at a time that does not unreasonably interfere with the staff member’s job.

Right to appeal findings and/or citations issued by an OSHA Compliance Officer.

Question 157

What are the employer’s responsibilities under OSHA?

Answer 157

Provide a workplace, insofar as possible, free from recognized or unnecessary hazards.

Set and enforce safety rules in the workplace and to communicate those rules to the staff members in a clear and concise manner.

Provide Personal Protective Equipment and proper instructions for its use so that staff members can perform tasks safely.

Provide training and instructions for staff members to understand the hazards associated with their jobs and the steps necessary to protect themselves.

Question 158

What are the Staff Member’s Rights under OSHA?

Answer 158

A workplace free from recognized hazards.

Be informed of their rights under the ASH Act.

Be informed of known hazards (including chemicals) in the workplace and be trained to safely perform the job duties. (basis for Right to Know Law).

Be provided with and instructed on the use of all personal protective equipment (PPE) that is required for safe job performance.

View and receive copies of all applicable OSHA Standards.

Access to all medical and exposure records that may be maintained as part of the business.

Be present in the workplace when safety testing or monitoring is performed.

Present complaints to the employer (or OSHA) when a hazard or suspected hazard requires attention or correction.

Speak with a Compliance Office (inspector) privately during an inspection of the workplace.

Question 159

What are a staff member’s responsibilities underr OSHA?

Answer 159

Comply with all occupational safety and health standards and all rules, regulations, and orders issued under the Act.

Read the OSHA poster

Comply with all applicable standards

Follow all lawful employer safety and health rules and regulations.

Wear or use prescribed personal protective equipment while working.

Report hazardous conditions to the supervisor.

Report any job-related injury or illness to the employer and see treatment promptly.

Cooperate with the OSHA compliance officer during an inspection if he or she inquires about safety and health conditions in the workplace.

Question 160

What steps should be taken to ensure the “unpreventable employee misconduct” defense?

Answer 160

1. Established rules designed to prevent the alleged violation.
2. Adequately communicated these rules to staff members.
3. Taken reasonable steps to discover whether staff members were following the rules.
4. Effectively enforced the rules when violations are discovered

(Complete Veterinary Practice Regulatory Compliance Manual page 11)

Question 161

True or False:

Contract employees do not have to follow OSHA safety regulations.

Answer 161

False

Question 162

What criteria need to be considered when determining whether an employer/employee relationship exists under OSHA

Answer 162

1. Who do the workers consider their employer or do they consider themselves to be self-employed?
2. Who pays the workers’ wages? Who establishes the level of wages and how?
3. Who has actual power or ability to control the workers? Who actually directs or supervises the workers’ daily and overall activities, assigns work, decides whether work is satisfactory, and establishes work schedules including hours of operation, vacation, and/or sick leave?
4. Does the workers’ ability to increase their income depend on simple efficiency rather than initiative, judgement and foresight? May the workers increase their income through the exercise of business judgement and marketing?
5. Who has control over the work environment such that hazards may be abated? Who owns or furnishes the equipment and physical worksite? Who controls and supplies and determines which chemicals are to be used.

Question 163

What is a safety plan?

Answer 163

Safety procedures for hazardous jobs that must be followed when that activity is performed. The plan must be in writing and must reflect the actual way the staff performs the procedure.

Question 164

Most written safety plans include what components?

Answer 164

1. An explanation of the hazard or danger.
2. Specific instances where a staff member may be exposed to that hazard.
3. The specific do and don’t steps that the staff member must take when performing the given procedures.
4. When and how testing or monitoring equipment is used and how the results of those tests are communicated to the staff.
5. The name of the person who can give additional training, assistance, or answer questions.

Question 165

Define occupational injury or illness

Answer 165

Any incident that occurs while an employee is working and meets one or more of the appropriate conditions.

Question 166

What are the appropriate conditions for occupational injury or illness?

Answer 166

The death of an employee on the job

The loss of consciousness of an employee while on the job

The employee loses at least one day of work because of the incident

The employee’s duties or abilities are restricted or he/she is transferred to another job because of the incident.

The employee receives medical treatment other than first aid because of the incident.

The employee suffers a fractured or cracked bone, a punctured eardrum, or any chronic, irreversible disease as a result of their job.

The employee develops cancer, tuberculosis or is removed from their job for medical reasons under an OSHA health standard.

The employee is stuck with a needle or cut from a sharp object that is contaminated with HUMAN blood or HUMAN infectious material during the performance of their duties.

Question 167

At what number of employees is a business required to file OSHA Form 300 and 300A?

Answer 167

11 or more.

Question 168

What is the OSHA 300 form called?

Answer 168

Log of Work-Related Injuries and Illnesses

Question 169

What is the OSHA 300A form called?

Answer 169

Summary of Work-Related Injuries and Illnesses.

Question 170

When are you required to post an OSHA 300A form?

Answer 170

February 1st through April 30th

Question 171

True or False:

You are required to report all injuries to OSHA.

Answer 171

False. only incidents that involved the death of an employee or in the hospitalization of five or more employees from the same cause must be reported to OSHA.

Question 172

How long must OSHA records related to injuries or illnesses be maintained?

Answer 172

5 years

Question 173

When evaluating solutions to the safety issues identified in the safety assessment, OSHA requires the practice to solve the problem in what sequence?

Answer 173

1. Primarily utilizing “engineering controls” when possible.
2. By the use of “procedural controls” also known as “work practice controls”
3. By relying on Personal Protective Equipment devices to place a “barrier” between the employee and the hazard.

Question 174

What is an engineering control?

Answer 174

Installation and use of mechanical devices to reduce, remove or isolate the hazard.

Question 175

What is procedural control?

Answer 175

The way a task is performed. Modifying the way something is done so that the hazard is eliminated or reduced.

Question 176

When is OSHA training required?

Answer 176

Training is required before a worker is exposed to the danger or as soon as the hazard becomes known to the business.

Question 177

What OSHA standards specifically require staff member training?

Answer 177

General duty clause-Wrokers’ rights and responsibilities under the Act

1910. 38 - Emergency and fire prevention plans
1911. 95 - Occupation Noise exposure
1912. 96 - Ionizing Radiation
1913. 132 - Personal Protective Equipment
1914. 145 - Signs and tags
1915. 15 - Medical services and first aid
1916. 157 - Portable Fire Extinguishers
1917. 1047 - Ethylene Oxide
1918. 1048 - Formaldehyde
1919. 1200 - Hazard communication (chemicals)

Question 178

What additional safety topics outside the OSHA standards-mandated subjections should be given attention during training for veterinary practice workers?

Answer 178

Waste anesthetic gas exposure

Animal handling

Zoonotic disease prevention

Medical waste and sharps

Personal safety/violence prevention

General workplace guidelines (lifting, proper dress, reporting problems, etc)

Handling chemotherapeutic drugs

Electrical Safety.

Question 179

What are the five types of waste generated in a veterinary hospital?

Answer 179

Animal Waste

General Waste

Biologically Hazardous Waste

Sharps

Hazardous Chemical Waste

Question 180

True or False:

OSHA regulates the ultimate disposal methods of medical waste from a veterinary hospital.

Answer 180

False: That is a function of each state’s Health Department or Environmental Control Divison.

Question 181

What are the five options for the disposal of expired or no-longer-used chemical products in the veterinary practice?

Answer 181

1. Donate.
2. Recycle.
3. Transform.
4. Contain and discard
5. Contract

Question 182

According to OSHA what is the definition/requirements of an exit way?

Answer 182

A door must be at least 28 inches wide and 6 feet 8 inches high.

A hallway or corridor that leads to or from an exit door must also be 28 inches wide, but the ceiling of the hallway or access route must be at least 7 feet 6 inches high.

Any protrusions from the ceiling must be easily visible with the available lighting, clearly marked and can never hang down lower than 6 feet 8 inches from the floor.

Question 183

Where is it recommended to place evacuation diagrams in a veterinary hospital?

Answer 183

Treatment room or “activity center” of the practice.

At least once on each floor of a multi-floor building

Staff break room or lounge

In any area where the direction of travel is not readily apparent.

Question 184

What are the two most common causes of fires in a veterinary practice?

Answer 184

Overloaded, improper, or faulty electrical wiring.

Storage of flammable materials too close to heat sources.

Question 185

According to OSHA, Emergency and Fire Plans should include what items?

Answer 185

Escape procedures and route assignments

Procedures to be followed by staff members who remain to perform (or shut down) critical operations before they evacuate.

Procedures to account for all employees after an emergency evacuation.

Rescue and medical duties for those workers who are to perform them.

The preferred means of reporting fires and other emergencies.

Name of the person to be contacted for more information

Question 186

When must the fire and emergency action plan be explained to staff?

Answer 186

When the plan is first developed or when they are first hired.

Whenever the plan is changed.

When the staff member’s duties in the plan change.

Question 187

What guidelines should be followed in respect to fire extinguishers?

Answer 187

Plentiful enough and strategically placed so that a person is never more than 75 feet from a fire extinguisher at any place in the practice.

Located near exits whenever possible so that the chances of the fire being between the extinguisher and the exit is minimized (firefighters call this attacking the fire from a strong position).

Always be mounted on the wall between 32 and 48 inches from the floor and easily visible.

Inspected once a year by a qualified service company and hydrostatically tested every 6 years.

Checked monthly be a designated staff member to ensure they are still present, have no obvious damage or leaks and when equipped, the pressure gauge indicates proper charging.

Question 188

True or False:

Automatic sprinkler systems are mandated by OSHA for the majority of veterinary practices?

Answer 188

False. Municipalities are usually the governing bodies regarding automatic sprinkler systems.

Question 189

What is one of the most common and most overlooked hazards in today’s veterinary practice?

Answer 189

Electricity

Question 190

What is the one situation where a GFCI outlet should not be used?

Answer 190

To supply power to a computer surge protector or UPS.

Question 191

According to OSHA regulations what angle to the horizontal is required for stairways in the workplace?

Answer 191

30 to 50 degrees. Any tread-to-riser dimensions may be used as long as the run of the tread is no less than 8 inches and the rise from the flat of one step to the flat of the next is no great than 10 inches.

Question 192

How wide must a stairway be?

Answer 192

22 inches through their length.

Question 193

What are the components of a stair railing?

Answer 193

Top rail, intermediate rail, and posts

Question 194

What is the leading cause of death for American workers?

Answer 194

motor vehicle crashes

Question 195

What precautions should be taken for employees who drive (either with company or personal vehicle) for their employer?

Answer 195

Keep a photocopy of each staff member’s driver’s license in their personnel files at the practice.

Ensure that all lights, signals, wipers, and the horn on the vehicle work properly.

Make sure the tires are inflated to the proper pressure and have adequate tread remaining.

Check to be sure that both the regular and parking brakes operate normally.

If the operator’s view to the rear is obstructed by the load or the vehicle design, then an audible (sound) back-up alarm must be installed.

Seat belts must work properly and be in good repair.

Question 196

What standards does OSHA have for agricultural-type vehicles (tractors)?

Answer 196

Every person who operates the equipment has been properly trained to do it safely.

The tractor must be equipped with a roll-over protective structure, even if it’s used exclusively on level ground.

There must be an operable auto-type seat belt for the operator as well as a written hospital policy requiring its use.

Operable brakes and brake lights must be present.

If the operator’s view to the rear is obstructed, then there must be an audible back-up alarm.

Question 197

What is ergonomics?

Answer 197

The study of work and the mechanics of the body.

Question 198

What are Repetitive Motion Disorders (RMDs)

Answer 198

Conditions of the musculoskeletal and nervous systems which develop gradually over a period of weeks or months.

Question 199

What are the four reasons violence usually happens in the workplace?

Answer 199

Robbery or intentional assault (stalking)

Customers or clients under extreme duress who “lash out”

Workers who have a dispute with supervisors, coworkers or just “the establishment”

Unhealthy personal relationships (jealous estranged domestic partners.

Question 200

What are the tips, adapted from the National Crisis Prevention Institute, to practice when you must deliver bad news to someone?

Answer 200

Be prepared

Be objective

Use Assistance

Preserve the Other person’s dignity

Listen with empathy

Offer Something

Question 201

What are the three distinct parts to any violent act committed by employees in the workplace?

Answer 201

The person has a risk factor for violence

There is a stimulus to prompt the action

As the frustration builds in the person, they exhibit early warning signs prior to committing acts of violence.

Question 202

People who are prone to violence often exhibit what traits?

Answer 202

Low tolerance for frustration

Changes jobs frequently

Is a marginal performer

Frequently angry

Doesn’t accept responsibility

Balmes other for mistakes and difficulties

Lacks control of impulses

Defensive when criticized

Abuses drugs and/or alcohol

Suspicious of other’s motives

Entitlement mentality

Socially isolated/has few friends or family

Has fantasies of retaliation/holds grudges

History of negative interpersonal relationships

Exhibits pattern of family violence of dysfunction

Low Self Esteem
Owns or has access to weapons

Lacks empathy for others

Sees the practice as “family”

Lacks adaptability to new work situations

Question 203

What are warning signs that an employee may become violent?

Answer 203

Frequent absenteeism

Lower productivity

Angry outbursts

Sullen & Withdrawn

Substance abuse

Extreme disorganization

Serious family problems

Serious financial problems

Ominous threats

Intimidation of others

Obsessions

Romantic obsession/stalking

Obsessive involvement with their job, with few outside interests

Discussions of weapons or carrying a concealed weapon

Increased frequency or intensity of any above behavior.

Question 204

What five “features” make a business more attractive to robbers?

Answer 204

Exchange of money with the public

Employees working alone or in small numbers

The business has late night or early morning hours

The business is located in a high crime area

On-duty employees “guard” valuable property or possessions (like controlled drugs).

Question 205

In a veterinary practice, what is the most vulnerable time for an assault on a staff member?

Answer 205

When they must go outside for something but not really leaving the premises (taking out trash or retrieving supplies from an outside storage building)

Question 206

What is the Hazard Chemical Standard?

Answer 206

aka “Right-to-know” law this regulation is designed to ensure that workers exposed to chemicals are adequately informed of the dangers of their jobs and what precautions they must take to protect themselves.

Question 207

What are the five specific requirements that a veterinary practice must follow when creating a program for hazardous chemicals?

Answer 207

The program must be in writing

A complete list of all hazardous chemicals must be maintained

A library of material safety data sheets must be maintained

All containers of hazardous chemicals must be properly labeled

Staff members must be trained on the dangers and safety aspects of the chemicals

Question 208

The written hazardous chemical plan should have a minimum of what items?

Answer 208

An introduction or explanation to the staff outlining the practice’s desire to maintain as safe and healthy workplace.

An explanation of how the practice will identify potentially hazardous materials, such as the use of signs, placards, or labels.

An overview of the Safety Data Sheet filing system

Explain how the practice will inform and train staff members.

Describe how staff members will be trained to perform non-routine tasks that would involve potential exposure to hazardous chemicals, such as a new medical procedure, drug protocol, or switching disinfectant solutions for a specific medical episode.

Question 209

When is a product considered hazardous?

Answer 209

If it may affect a staff member’s health or because its properties create a physical danger.

Question 210

A chemical product is considered a health hazard if it falls into what categories?

Answer 210

Carcinogen

Toxic (reproductive, hepato-, neuro-, nephro-, hemato-)

Irritant

Sensitizer

Any agent which damages the lungs, skin, eyes, or mucous membranes.

Question 211

A chemical product is considered a physical hazard if there is evidence that it falls into these categories:

Answer 211

A combustible liquid

A compressed gas

Explosive

Flammable

An organic peroxide

An oxidizer

Capable of igniting spontaneously in air

Unstalbe (reactive with many other chemicals, potentially violently)

Reactive when mixed with water.

Question 212

What products are exempt from the provisions of the HCS under OSHA regulations

Answer 212

Hazardous waste regulated by the EPA

Tobacco or tobacco products regulated by the FDA

Articles - these products are made up of or contain a hazardous chemical, but when the manufacturing process is complete, the finished item poses no hazard during foreseeable use

Food or nutritional products

Foods, drugs, or cosmetics intended for personal consumption by employees while in the workplace but are not a requirement of their employment

Common consumer product when it is used essentially the same way as a normal consumer would use the product.

Pharmaceutical medications in solid final form for direct administration to the patient such as tablets or pills.

Question 213

According to GHS standards, what information must all container labels include? (original labels, not secondary labeling)

Answer 213

A product identifier

A signal word (Danger, Warning)

Hazard Statements

Precautionary Statements

Pictograms

Name, address, telephone number of the chemical manufacturer, importer or other responsible parties.

Question 214

True or False:

Every secondary container of any hazardous product regardless of its size or the severity of the product must be labeled with a unique workplace label.

Answer 214

True

Question 215

What are some specific issues that should be included in training meetings for hazardous chemicals?

Answer 215

Include specifics on worker’s rights and the provisions of the Hazard Communication Standard including the new GHS updates.

Everyone must be aware of the hospital’s written plans, safety rules, the list(s) of hazardous chemicals, the location of SDSs, and the labeling system in use.

Staff members who are likely to be exposed to chemicals must understand the physical or health hazards associated with exposure and how to protect themselves from unnecessary exposure.

Stress the importance of using the prescribed personal protective equipment and what actions must be taken if a chemical spills or splashes on them.

Ensure everyone knows the location of eyewash devices and how to use them.

Question 216

For an eyewash station to be effective what must it provide?

Answer 216

An uninterrupted flow of tepid water and flush both eyes simultaneously.

Question 217

A hospital using Ethylene Oxide must develop a written comprehensive plan for the safe handling, storage and use of the agent. What elements must be included in this plan?

Answer 217

Designation of an appropriate location for storage and use of the agent.

An automatic, self-ventilating sterilizer for performing the procedure.

Initial monitoring of exposure levels and periodic monitoring when they are above the allowable limits

Appropriate employee training, including written hospital-specific instructions for performing the procedure.

Detailed emergency procedures for accidents involving the release of EtO gas into the workplace.

Question 218

What is the limit for short-term exposure (15 minute reading) of ethylene oxide?

Answer 218

5 ppm

Question 219

When testing Ethylene Oxide exposure, what is the maximum level of exposure allowed from the time-weighted average test?

Answer 219

1 ppm

Question 220

When exposure from the time-weighted average test of ethylene oxide exposure is over what value, should consideration for further monitoring be considered? What is this level of exposure called?

Answer 220

0.5 ppm

The action level (requires further action for monitoring)

Question 221

When Ethylene Oxide testing values fall below the acceptable levels, when is further testing required?

Answer 221

When there has been a change in production, process, control equipment, personnel, or work practices that may result in new or additional exposures to EtO.

Question 222

What information does OSHA expect practice leaders to convey when training staff members on Ethylene Oxide procedures and safety?

Answer 222

The hospital-specific rules for storage and use of the EtO ampules.

Identification of persons authorized to operate the sterilizer

What methods are used for monitoring employee exposure and how to obtain the results of those tests

The physical and health hazards of exposure to EtO

What measures should employees use for protection against unnecessary exposure

The details of the hospital’s written hazard communication plan

The specific provisions of OSHA’s EtO standard

The procedures to follow in the event o fan accidental release of EtO into the hospital.

Question 223

True or False:

If a hospital uses Ethylene Oxide as a sterilizing agent, all employees within that hospital must undergo hazard-specific training.

Answer 223

False. Staff members who are not involved with the operation of the sterilizer would not have to under this hazard-specific training; however, they should be aware of the presence of a suspected cancer-causing agent and the necessity to observe all hospital safety rules.

Question 224

What is the permissible exposure limit of formaldehyde?

Answer 224

0.5 ppm measured as an 8-hour time weighted average.

Question 225

What is the short-term exposure limit of formaldehyde?

Answer 225

2 ppm

Question 226

What does STEL stand for and what does it mean?

Answer 226

Short Term Exposure Limit - the maximum exposure allowed during any 15-minute period.

Question 227

What is the recommended exposure limit of Nitrous Oxide according to NIOSH?

Answer 227

25 ppm on a time-weighted average

Question 228

What are the three basic types of monitoring regarding levels of gas in room air?

Answer 228

Leak testing of equipment

Monitoring air in the worker’s personal breathing zone

Room air monitoring

Question 229

What items are typically found in a chemical spill kit?

Answer 229

A plastic container to keep the materials together

Cat litter or other absorbent material

Two pairs of thick nitrile or latex gloves

At least one (preferably two) sets of protective eyewear designed for chemical protection.

Four durable, disposable plastic trash bags large enough to hold the entire amount of absorbent material in the kit plus material that may be contaminated when the spill happens

A small dust broom and pan that will fit in the container

Enough tape or bag ties to close the trash bags after use

A laminated copy of the spill clean-up procedures for the chemicals used in the practice.

Question 230

What are the 5 types of spills

Answer 230

Minor chemical spills

Serious chemical spills

Major chemical spills

Biomedical Waste spills

Complex spills

Question 231

What is a minor chemical spill?

Answer 231

a spill of moderate or minimally hazardous materials that is small enough for the staff member to control and clean up without additional assistance or resources.

Question 232

What is a serious chemical spill?

Answer 232

A spill of a gallon or more of moderately hazardous material or 5 gallons or more of a minimally hazardous material.

Question 233

What is a major chemical spill

Answer 233

A spill of extreme proportions (more than 50 gallons of most chemicals

The release of severely toxic chemical in almost any amount that would pose a threat to the general public

A spill containing a heavy metal compound (such as mercury or silver) that is likely to contaminate the environment.

Question 234

What is a biomedical waste spill?

Answer 234

Those that include blood contaminated with human pathogens or regulated medical waste items such as sharps or cultures.

Question 235

What is a complex spill

Answer 235

One that contains multiple hazards. Example: breaking a glass jar of formaldehyde (broken glass and chemical hazard of formaldehyde

Question 236

What are the steps to thorough handwashing?

Answer 236

Wet both hands and forearms with warm water

Apply a generous amount of disinfecting soap in the palm of one hand

Using a vigorous motion, scrub each side of the hand, between the fingers and at least halfway up the arm

If there is debris under the fingernails, use a hard plastic pick or stiff brush to remove the material while the soap is still on the hands

Rinse both hands thoroughly with warm or tepid water

Dry both hands and arms with a towel or air dryer because moisture will attract more microorganisms from the air.

Question 237

At what level does OSHA require hearing protection?

Answer 237

85dB based on an eight-hour time-weight average.

Question 238

What is the maximum exposure limit for anesthetic gases?

Answer 238

2 ppm for halogenated agents (isoflurane, sevoflurane, halothane, etc) and 25 ppm for nitrous oxide.

Question 239

OSHA expects each veterinary practice to develop a written anesthetic safety program that includes what points?

Answer 239

Official Policy statement (make it clear to everyone that safety is a concern and that the prescribed procedures are official policies of the practice)

Properly Scavenging

Specific Written Procedures

Proper Equipment Maintenance

Emergency Procedures.

Monitoring of WAG levels

Training of Staff

Question 240

What are the three common methods of WAG scavenging used in the veterinary profession?

Answer 240

Active scavenging

Passive Exhaust

Adsorption

Question 241

What is active scavenging?

Answer 241

A system that has some means of energetic collection - usually a fan, enclosed in a box that creates a vacuum through a series of tubes that are connected to the patient or machine.

Question 242

What is Passive exhaust?

Answer 242

Channeling of the waste gasses through a tube to an acceptable location for evacuation.

Question 243

What is adsorption is regards to a scavenging system?

Answer 243

Charcoal adsorption is an effective and OSHA-acceptable method of WAG removal for halogenated hydrocarbons. This is not effective for nitrous oxide. Waste gases are collected in a canister that contains charcoal, and the charcoal absorbs the gas.

Question 244

Why was the Fair Labor and Standards Act created?

Answer 244

To establish minimum wage and overtime pay standards as well as regulate the employment of minors.

Question 245

Under what circumstances would an employee working over 40 hours in a weekly period not receive overtime pay?

Answer 245

When the employee is considered exempt. In veterinary medicine this is usually veterinarians and most practice managers. To be exempt the individual must be involved in executive, administrative, or professional duties, or 80% of the duties must require knowledge of an advanced type of science (medicine in this case).

Question 246

What is the minimum age an employee needs to be to work in non-farm-related jobs?

Answer 246

16 years old

Question 247

What age group may be permitted to work with a work permit, and what are the regulations regarding hours worked?

Answer 247

14 and 15-year-olds. They are allowed to work only 3 hours per day during school days, and 8 hours per day on non-school days. Work cannot begin before 7 am and cannot end after 7 pm. During the summer, hours are extended until 9 pm.

Question 248

How long are employers required to keep records on wages and hours after an employee is terminated?

Answer 248

3 years

Question 249

Why was the family and medical leave act established?

Answer 249

To benefit employees without adversely affecting employees to help protect and preserve the integrity of the family.

Question 250

What are the reasons an employee can take FMLA leave?

Answer 250

Incapacity due to pregnancy, prenatal medical care, or childbirth.

To care for the employee’s child after birth, or placement for adoption or foster care.

To care for the employee’s spouse, son, daughter, or parent who has a serious health condition.

A serious health condition that makes the employee unable to perform the employee’s job.

Employees whose spouse, son, daughter, or parent si on covered active duty or call to covered active duty status and need to use leave to address qualifying exigencies. (attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.

Question 251

At what number of employees does an employer have to offer FMLA leave?

Answer 251

50 employees or more.

Question 252

What is USERRA?

Answer 252

Uniformed Services Employment and Reemployment Rights Act. It protects the right of employees who voluntarily or involuntarily leave an employment position to undertake any military service.

Question 253

What is the IRCA?

Answer 253

Immigration Reform and Control Act. It prohibits an employer discrimination against any employee or potential employee because of national origin.

Question 254

What is an I-9 form?

Answer 254

A form that verifies an employee can legally work in the US. It is required to be completed by employers and states that the employer has examined the required documents verifying employment eligibility.

Question 255

How long does an I-9 form need to be kept?

Answer 255

for 3 years from the date of hire, or 1 year after termination, whichever is longer.

Question 256

What is the exemption to the Employee Polygraph Protection Act?

Answer 256

Any practices that prescribe and dispense controlled substances can use a lie detector test for pre-employment screening and during the course of employment.

Question 257

What does an equal employment opportunity policy outline?

Answer 257

It prohibits discrimination against employees on the basis of race, color, sex, religion, or national origin. Employers cannot deny a promotion, terminate, or not hire a potential employee for any of those reasons. EEO also prevents discrimination of those with disabilitieis, and requires that organizations provide to qualified applicants and employees with disabilities reasonable accommodation.

Question 258

Which act protects applicants and current employees over the age of 40 years from discrimination on the basis of age in hiring, promotion, discharge, and compensation?

Answer 258

Discrimination in Employment Act of 1967

Question 259

Which regulation prohibits sex discrimination in payment of wages to men and women performing substantially equal work in the same establishment?

Answer 259

Title VII of the Civil Rights Act of 1964.

Question 260

What posters are required to be displayed in the workplace?

Answer 260

Occupational Safety and Health Administration

Equal Employment Opportunity

Family and Medical Leave Act

Employee Polygraph Protection Act

Immigration Reform and Control Act

Uniformed Services Employment and Reemployment Rights Act

Fair Labor and Standards Act

Any state-regulated posters

Question 261

What is liability insurance?

Answer 261

Protects the purchaser from the risks of liabilities imposed by lawsuits and similar claims and protects the insured if the purchaser is sued for claims that come with the coverage of the insurance policy.

Question 262

What is an HMO?

Answer 262

Health Maintenance Organization - A health insurance organization to which subscribers pay a predetermined fee in return for a range of medical services from physicians and healthcare workers registered with the organization. Usually well managed and generally cover all medical expenses if patients use the doctors and laboratories within the approved network. Referral from a primary care is typically required for care from a specialist. Usually no coverage out of network.

Question 263

What is a PPO?

Answer 263

Preferred provider organization. Offer a network of physicians and laboratories and encourage patients to use them. Does not usually require a referral needed to see a specialist. Usually have some out-of-network coverage.

Question 264

At what number of employees is a business required to provide health insurance, and what governs this?

Answer 264

50 employees. Governed by the patient protection and affordable care act.

Question 265

What is disability insurance?

Answer 265

insurance maintained to protect the employee against injury that results in the inability to perform tasks needed to complete the job.

Question 266

What are the three types of disability insurance?

Answer 266

Own occupation

Any occupation

Residual Coverage

Question 267

What is own occupation disability insurance?

Answer 267

covers any disability that does not allow a team member to return to that particular line of work.

Question 268

What is Any occupation disability insurance?

Answer 268

Covers any disability that does not allow the team member to return to any occupation.

Question 269

What is residual coverage disability insurance?

Answer 269

Important to professionals who become partially disabled and incur a loss of income from reduced duties. Based on the percentage of income lost.

Question 270

What does SIMPLE IRA stand for?

Answer 270

Savings Incentive Match Plan for Employees Individual Retirement Account.

Question 271

What is a noncompete or restrictive covenant agreement (NCA)

Answer 271

A contract that protects the business and employer by preventing the employee from opening a business o taking employment at a location within a certain number of miles of the practice.

Question 272

What is goodwill?

Answer 272

the reputation within the community, with colleagues and staff, and in doctor and client/patient relationships.

Question 273

What is intangible property?

Answer 273

Also known as incorporeal property, describes something that a person or corporation can have ownership of and can transfer ownership to another person or corporation, but has no physical substance.

Question 274

What questions can not be asked in an interview?

Answer 274

Any questions related to marriage, age, gender, religion, and military status are strictly prohibited.

Question 275

What law regulates prescreening reports issued to employers by outside agencies including credit reporting agencies?

Answer 275

The Fair Credit Reporting Act

Question 276

What guidelines should always be followed when making a decision to terminate an employee?

Answer 276

Ensure that the employee was verbally corrected, all written warnings are documented, and that the employee understood the correction and signed each entry.

Do not fire employees while upset, angry, or in the midst of an argument.

If the employee has insurance through the practice, the Consolidated Omnibus Budget Reconciliation Act requires the practice to continue coverage for a specified time. COBRA also requires employers to continue coverage for former employees who have a medical condition that would prevent them from obtaining immediate coverage from a new employer.

Question 277

Why are exit interviews important?

Answer 277

They can give the practice needed information: why the employee is resigning, his or her thoughts of items or ideas in the practice that need improvement, and ways the person might recommend or institute changes.

Question 278

What taxes are withheld from employee payroll checks?

Answer 278

Income tax, Social Security, and Medicare

Question 279

What taxes are employers responsible for paying?

Answer 279

Social Security, Medicare, Federal Unemployment taxes.

Question 280

When are employers required to have W-2 forms to their employees?

Answer 280

No later than January 31st.

Question 281

Define contract

Answer 281

Generally refers to an agreement between two parties. Usually consists of a promise or mutual promises that the law will enforce or the performance of which the law recognizes as a duty.

Question 282

What are the three elements essential to the formation of a contract?

Answer 282

An offer

An acceptance

Consideration

(also may include meeting of the minds)

Question 283

What is the Uniform Commercial Code?

Answer 283

Applies to the sale of goods. This code protects buyer from unfair business practices by requiring that sellers disclose certain relevant information. Created during the 1960s.

Question 284

Which contracts do common law principles apply to?

Answer 284

Contracts for labor, services, or the sale of land.

Question 285

Define an offer in regards to contracts

Answer 285

A promise or a commitment made in reasonably certain terms to do or refrain from doing some specified thing in the future.

Question 286

Define acceptance in regards to contracts

Answer 286

An acceptance has occurred when the party to whom the offer was made makes the return requested in the offer. Under common law, an acceptance must conform precisely to the terms of the offer.

Question 287

Define express acceptance.

Answer 287

Express acceptance occurs when an individual clearly and explicitly expresses his agreement to an offer. Examples of express acceptance include signing a contract, orally accepting the offer, shaking hands, or even exchanging business cards with the offer and accepted terms.

Question 288

Define implied acceptance

Answer 288

An implied acceptance is one that is not directly stated but is demonstrated by any acts indicating a person’s assent to the proposed bargain.

Question 289

In veterinary clinics, when is a transaction governed by common law and when is a transaction governed by the UCC?

Answer 289

If sales of services predominate, the contract is regulated by common law principles. If the major portion of the agreement consists of the sale of goods, it is regulated by the UCC.

Question 290

Define meeting of the minds

Answer 290

Meeting of the minds is a phrase in contract law used to describe the intentions of the parties forming the contract. In particular, it refers to the situation where there is a common understanding in the formation of the contract.

Question 291

Define consideration in contract law.

Answer 291

The factor that justifies the enforcement of a promise or the thing bargained for or given in exchange for the promise. Consideration means that people do or promise to do something that they were not already legally obligated to do, or refrain or promise to refrain from doing something that they had a legal right to do.

Question 292

What is the Preexisting Duty Rule

Answer 292

a common-law rule of contracts: a party’s offer of a performance already required under an existing contract is insufficient consideration for modification of the contract NOTE: This rule is not applicable to sales contracts in jurisdictions that have enacted the Uniform Commercial Code.

Question 293

What is promissory estoppel?

Answer 293

A promise which the promisor shall reasonably expect to induce action or forbearance on the part of the promisee or a third person and which does include such action or forbearance is binding if injustice can be avoided only by enforcement of the promise.
(although there may have been no agreement ironed out by the parties, justice requires the enforcement of one’s promise when another part has justifiably relied upon that promise and changed it position, incurring substantial detriment.

Question 294

What is an adhesion contract?

Answer 294

A contract written exclusively by one party and presented to the other party under circumstances in which there is no realistic opportunity to negotiate.

Question 295

What is the doctrine of unconscionability?

Answer 295

This legal precept affords consumers who have little or no bargaining power and who accept form contracts that are procedurally or substantively unconscionable the right to resist their enforcement.

Question 296

What are three basic situations wherein questions regarding the capacity to make a valid contract would be questioned?

Answer 296

Minority

Mental disability

Intoxication

Question 297

In a contract setting, senility becomes important in what two primary matters?

Answer 297

Contracts for expensive care in which, because of a mental disability, clients cannot remember what they agreed to (and they refuse to pay for those services)

When agreements are being made to euthanize patients belonging to senile or mentally ill owners.

Question 298

What is the statute of frauds

Answer 298

The statute of frauds refers to the requirement that certain kinds of contracts be memorialized in writing, signed by the party to be charged, with sufficient content to evidence the contract.

Question 299

What are the 5 most common types of contracts that must be in writing?

Answer 299

contracts for the sale of real estate

leases for longer than one year

contracts not to be performed within one year

contracts to answer for the debts of another

contracts for the sale of goods over a specified price.

Question 300

What is specific performance in contract law?

Answer 300

Specific performance is an equitable remedy in the law of contract, whereby a court issues an order requiring a party to perform a specific act, such as to complete performance of the contract. Most common in real estate sales.

Question 301

What is the law of agency?

Answer 301

The law of agency is an area of commercial law dealing with a set of contractual, quasi-contractual and non-contractual fiduciary relationships that involve a person, called the agent, that is authorized to act on behalf of another to create legal relations with a third party.

Question 302

What is the basis of the law of unjust enrichment?

Answer 302

The basic philosophy is that the law should not allow one person to be unjustly enriched at the expense of another. (owner receives emergency veterinary care at the expense of the veterinarian.

Question 303

What factors are considered by the legal system before it applies the law of unjust enrichment?

Answer 303

Value

Severity of the Emergency

Attempts to reach the owner

Stabilizing Care

Question 304

What are the most frequent reasons cited for having no employment contracts?

Answer 304

They believe that such business formalities are time consuming, and they simply do not want to afford the time.

They do not wish to spend money hiring attorneys to draft contracts

They have never delineated the terms they want included in their employment contracts.

They have functioned effectively for years without them and don’t feel they need them for the future.

They feel that an atmosphere of distrust is generated when they suggest the need for a formal written agreement, especially for employees who have been with the practice for several years.

Question 305

What are the five main points that determine the type of eyewear required for a laser?

Answer 305

Wavelength
Pulse vs Continuous
Laser type (carbon dioxide, ruby)
Wattage
Comfort and duration of use

Question 306

What is the minimum optical density protective eyewear units should have?

Answer 306

5.0

Question 307

How close does the smoke evacuator or scavenger suction hose inlet need to be to the surgical site to effectively capture airborne contaminants generated by a laser?

Answer 307

within 2 inches

Question 308

What are the minimum safety equipment requirements when an employee must restrain an animal or hold a device during exposure?

Answer 308

Protective gloves and aprons.

Question 309

In the veterinary practice, what are the most probable scenarios for exposure to cytotoxic drugs?

Answer 309

Inhalation of dust or droplets during handling or preparation

Dermal absorption during the administration of the drug, patient care, or because of a spill

Ingestion through contact with contaminated food or cigarettes.

Question 310

What are facility-related requirements for storage of cytotoxic drugs?

Answer 310

special-purpose room

Biological Safety Cabinet to be used for dilution, drawing up, or mixing of all dangerous drugs

warning sign identifying the area as a CD preparation area should be clearly posted on the door to the chemotherapy area and entry restricted to authorized persons

Spill clean-up procedures should be clearly posted in the area and a prepared spill response kit should be nearby for use in a spill emergency

There must be a yellow sharps container present inside the BSC and another in the administration area.

An appropriate eyewash device must be readily available

Question 311

What is the proper protective equipment to prevent accidental exposure when preparing cytotoxic drugs?

Answer 311

Gloves - should never use powdered gloves, and ideally a double layer of gloves

A disposable protective gown made of lint-free low permeability fabric with a closed front, long sleeves, and elastic or knit-closed cuffs must be worn.

Question 312

What PPE should be utilized by the person administering cytotoxic drugs as well as the one restraining the patient?

Answer 312

A disposable gown made of lint-free, low permeability fabric with a closed front, long sleeves, and elastic or knit-closed cuffs. Cuffs should be tucked under the gloves.

Disposable chemo gloves.

A surgical mask

Eye protection such as goggles, chemical glasses or face shields.

Question 313

What color are chemotherapy waste containers and bags?

Answer 313

Yellow

Question 314

Any staff member who must care for patients who have received CDs in the last 48 hour should follow what procedures?

Answer 314

Make sure the patients are housed in an “out of the flow” area to minimize the incidental exposure to others.

Staff should always wear chemoprotection gloves and disposable gowns when cleaning up spills involving excreta or blood and when leaning cages or runs that have been used by chemo patients.

Non-disposable bedding is not recommended for chemo patients, but if used, it should be placed in a specially marked laundry bag then placed in a labeled plastic bag. The laundry bag and its contents should be washed twice with normal detergents. Laundry personnel should wear chemo gloves and gowns while handling this material.

Disposable materials like cage paper should be placed in a chemo waste bag and immediately sealed. The sealed bag should be disposed of according to the hospital hazardous waste plan.

When possible, chemo patients should be exercised in an area separate from other patients. Feces should be removed promptly following the same precautions as for cages and runs.

Question 315

What items should be included in a chemo spill kit?

Answer 315

A heavy-duty mask, chemical splash goggles, two pairs of gloves, an impervious disposable gown, paper absorbent pads or a roll of paper towels, a small scoop and sharps container to collect glass fragments, and two large CD waste disposal bags.

Question 316

What is a legend drug?

Answer 316

Also known as a prescription drug, A legend drug is a drug approved by the U.S. Food and Drug Administration that can be dispensed to the public only with a prescription from a medical doctor or other licensed practitioners.

Question 317

What are the labeling requirements set in place by the FDA for prescription medication?

Answer 317

Identification of the hospital - including street address, city, state, and phone number

Name of the prescribing veterinarian

The current date

The name of the patient - for veterinary prescriptions, the name of the animal and the last name of the owner are acceptable

The name, strength and quantity of the drug

Clear directions for use

Expiration date if the supply being dispensed will not be used up during the current treatment period

The number of authorized refills

Any special precautions

The phrase “For veterinary use only”

The phrase “Keep out of the reach of children”

Question 318

Which act was passed to allow extra-label drug use in animals?

Answer 318

The Animal Medicinal Drug Clarification Act of 1994

Question 319

Under what circumstances do both state laws and FDA regulations allow the compounding of drugs for animal use?

Answer 319

A veterinarian believes there is a need to alter the approved drug to adequately medicate a non-food animal with a diagnosed medical condition.

There is an established VCPR

The individual patient has a medical condition for which a prescribed medication is needed

The veterinarian determines that a compounded drug is needed for the animal.

Question 320

What is the Combat Methamphetamine Act?

Answer 320

Became law in 2005. Placed phenylpropanolamine, ephedrine, and pseudoephedrine into a “List 1 chemical” status. These drugs are normally available to the general public without prescription, but do have restrictions and additional accountability rules. These are the drugs that are used for making methamphetamine.

Question 321

How long is a controlled substance registration valid for?

Answer 321

3 years

Question 322

What are the regulations for storing controlled drugs

Answer 322

Controlled substances listed in Schedules II through V shall be stored in a securely locked, substantially constructed cabinet.

Question 323

In order to purchase any schedule II substance, the supplier must receive what from?

Answer 323

DEA Form 222

Question 324

How long do completed DEA 222 forms and copies of voided or unusable forms need to be retained?

Answer 324

2 years

Question 325

What information should a controlled drug log contain?

Answer 325

The date of transaction

The client and patient’s name

The name of the drug (unless the log is used for a specific drug)

The quantity of the substance administered or dispensed

An accurate “balance on hand”

The name or itinals of the prescribing veterinarian if there is more than one in the practice.

The initials of the tech or staff member who dispensed or administered the drug.

Question 326

At what points does the DEA require inventory counts of controlled substances?

Answer 326

Initial inventory on the day the practice first conducts any controlled substance activity and repeated at minimum every 2 years.

Question 327

What elements are required to be on the initial controlled substances inventory?

Answer 327

The name address and DEA registration number of the veterinarian

The date and time the inventory is taken

The actual amount of each controlled substance physically on hand

The signature of the person conducting the inventory

Question 328

What three separate parts should employee personnel records be kept in?

Answer 328

Compensation and Benefits

Key Events Section

Confidential Section

Question 329

What things should be kept in the Key Events section of a personnel file?

Answer 329

Application for employment
Cover letter and resume
New hire letters
Performance evaluations
emergency contact information
employment history
attendance and leave records
confidentiality forms
handbook acknowledgment signature form
requests for file access from employee
injury reports
notices of commendation
warnings, discipline, or termination information
criminal investigation records where adverse action was taken by the practice as a result of the report
employment testing summaries or totals
employees statement of disputed records

Question 330

What things should be kept in the compensation and benefits section of a personnel file?

Answer 330

Payroll Authorizations
w-4 tax forms
authorizations for payroll deductions or direct deposit paperwork
Fring benefit records
Retirement Records

Question 331

What information should be kept in the Confidential section of the personnel file?

Answer 331

Employment-related background checks including criminal, financial, driving
Background check authorization form
Employment verification information
Voluntary self-identification of drug or alcohol dependencies
Medical benefit enrollment information
Employment-related medical records
Employment-related beneficiary information
Letter of reference
Records of ongoing employee criminal investigations
Detailed employment testing records
Any transcripts or letters concerning job performance or job-related misconduct provided by a co-worker that identifies that co-worker in any way.

Question 332

What are the five components of a Drug-Free Workplace policy

Answer 332

A written DFW policy
Supervisor Training
Staff education
Employee assistance
Drug testing

Question 333

What is a restrictive covenant?

Answer 333

A contractual provisions that limit the geographic area and time in which former employees can work at jobs similar to those they held previously.

Question 334

What is the Sherman Antitrust Law?

Answer 334

The Sherman Antitrust Act was the first measure passed by the U.S. Congress to prohibit trusts, monopolies, and cartels. The Sherman Act also outlawed contracts, conspiracies, and other business practices that restrained trade and created monopolies within industries

Question 335

What is the Rule of Reason?

Answer 335

Under this rule, when evaluating the reasonableness of a restraint, courts consider a variety of market factors such as the nature of the restraint and its effect, market conditions, and the history of the restraint to determine if it falls under the Sherman Antitrust Act.

Question 336

What does the per se rule determine?

Answer 336

It determines when agreements are illegal under the Sherman Antitrust act. Certain practices are so plainly anticompetitive that they are conclusively presumed to be illegal without the need to examine market factors or business reasons for their existence. It is limited to those activities that lack any redeeming virtue and have no purpose except to stifle competition. Includes agreements between competitors whose only purpose is to fix prices, allocate territory or divide markets, limit production, and boycott third parties.

Question 337

What four basic requirements must be met in order to successfully litigate a claim under the Sherman Act?

Answer 337

There must be at least two people acting in concert

The restraint must involve trade or commerce

The restraint must involve interstate commerce

The restraint must be unreasonable.

Question 338

What factors does the FTC or courts consider when determining the reasonableness of restrictive covenants?

Answer 338

The practitioner/employer’s need for protection

The hardship experienced by the employee

The effect the restraint has or will have on the public

Question 339

What four situations create exceptions to time limits on noncompete clauses?

Answer 339

Agreements with short-term associates

Contracts with veterinary specialists

Agreements tied to the sale of businesses

Partnership, limited liability company, or corporate formations and dissolutions.

Question 340

What is a trade or “catchment” area?

Answer 340

The area within a given distance of a business’s location where the majority of one’s customers tend to live.

Question 341

What criteria should be considered when evaluating natural boundaries to help protect trade areas?

Answer 341

Rivers and the locations of bridges across them

Oceans, lakes, parks, and mountain ranges

Freeways and the location of access points traversing them

Traffic patterns and bottlenecks that prevent residents from traveling in certain directions during rush hours

Borders between states that alter legal, cultural, and business practices

Locations of jobs for the general workforce in given areas

Shopping patters

Ethnic boundaries beyond which most residents do not shop for services.

Question 342

What is consideration in contract law?

Answer 342

The cause, motive, or impelling influence that induces contracting parties to enter into agreements.

Question 343

Define solicitation as outlined by the AVMA

Answer 343

Advertising intentionally directed to specific individuals

Question 344

Define advertising as outlined by the AVMA

Answer 344

Newspaper and periodical announcements and listings; professional cards; office and other signs; letterheads; telephone and other directory listings; and any other form of communication designed to inform the public about the availability, nature or prices of products or services.

Question 345

What is a material breach of a contract?

Answer 345

A violation of contract terms that is so substantial it invalidates the contract.

Question 346

What is the blue pencil doctrine?

Answer 346

It stipulates that if courts can render unreasonable restraints reasonable by excising (blue-penciling out) the oppressive components of the covenants, they should do so and enforce the remainder of the contract.

Question 347

What factors are considered when assessing a restrictive covenant’s reasonableness?

Answer 347

The relationships among covenantees (employers/buyers) and covenantors (employees/sellers)

The scope of activity restricted

The time limitation

The geographic restraint

The adequacy of consideration.

Effect on Public

Question 348

Define Restitution

Answer 348

A contract remedy that can be requested as an alternative to monetary damages or specific performance.

Question 349

Which act governs veterinary drugs, medicated animal feeds, and pet foods?

Answer 349

Food, Drug and Cosmetic Act

Question 350

Which department has authority over the regulation of the entire biological products market?

Answer 350

The United States Department of Agriculture

Question 351

Which Service has jurisdiction over all viruses, serums, toxins, and analogous products of natural or synthetic origin?

Answer 351

Animal and Plant Health Inspection Service

Question 352

What act allows the USDA to regulate such products as antitoxins, vaccines, live microorganisms, and the antigenic or immunizing components of microorganisms intended for use in the diagnosis, treatment, or prevention of disease in animals?

Answer 352

The Virus-Serum-Toxin Act of 1913

Question 353

What is the major federal law regulating the manufacture, distribution, dispensing, and delivery of certain drugs or substances that are subject to or have the potential for abuse, physical dependence, or psychological dependence?

Answer 353

The Controlled Substances Act, enacted in 1970

Question 354

Under what regulation has the FDA CVM been given the authority to govern the manufacture, distribution, and use of veterinary drugs that are distributed between states?

Answer 354

Under Title 21 of the United States Code, also known as the FD&C Act

Question 355

What section of the FD&C outlines the rules that govern the safety and efficacy of new animals drugs?

Answer 355

Section 512

Question 356

What is an adulterated drug?

Answer 356

A drug that contains unsanitary components, lack adequate control in manufacture, differ in strength from that recognized in the official compendium, or that are mixed with another substance to reduce their quality or strength are considered to have been adulterated.

Question 357

True or False:

An unapproved drug is considered to be an adulterated drug?

Answer 357

True

Question 358

What is a misbranded drug?

Answer 358

Misbranded drugs include drugs on which the labeling is false or misleading in any particular. A drug or device is deemed to be misbranded if it is in a package form and does not bear a label that contains the name and place of business of the manufacturer, packer, or distributor and an accurate statement of the quantity of the contents in terms of weight, measure, and numerical count.

Question 359

What conditions must be met for a drug to qualify as a veterinary prescription drug?

Answer 359

In the posession of a person regularly and lawfully engaged in the manufacture, transportation, storage, or wholesale or retail distribution of veterinary drugs and is to be sold only to or on the prescription or order of a licensed veterinarian for use in the course of professional practice.

In the possession of a licensed veterinarian for use in the course of professional practice

Question 360

What are the label requirements of a prescription drug in its original container as outlined by the Code of Federal Regulations?

Answer 360

The statement “Caution: Federal law restrict this drug to use by or on the order of a licensed veterinarian”

The recommended or usual dosage

The route of administration, if it is not for oral use

The quantity or proportion of each active ingredient

The names of all inactive ingredients if the drug is for other than oral use

An identifying lot or control number from which it is possible to determine the complete manufacturing history of the drug

Question 361

What are the two ways that drugs can be placed in the FDA’s category of drugs prohibited for use in food-producing animals?

Answer 361

If the FDA determines based on new information that an approved new animal drug is no longer safe and effective, it has the authority to initiate proceedings to withdraw approval of that drug and prohibit its use in animals.

They are either unapproved or used in extra-label manners.

Question 362

What is the key difference between the extra-label use of approved drugs and unapproved drugs?

Answer 362

The key difference between these two is that extra-label drugs have been approved by the FDA for at least one purpose but have not been approved for the specific use or for the manner employed by the veterinarian. Unapproved drugs, on the other hand, are drugs that are not generally recognized as safe and effective by experts and never have been subjected to the FDA approval process.

Question 363

What are things the FDA will test before approving a generic drug?

Answer 363

chemistry data

Quality, consistency, and manufacturing data

Bioequivalency data

Stability tests

Tissue residue data

Question 364

According to the AVMA, what are the three requirements to have a valid VCPR?

Answer 364

The veterinarian has assumed the responsibility for making medical judgements regarding the health of the animal(s) and the need for medical treatment, and the client (owner or other caretakers) has agreed to follow the instruction of the veterinarian.

There is sufficient knowledge of the animal(s) by the veterinarian to initiate at least a general or preliminary diagnosis of the medical condition of the animal(s). This means that the veterinarian has recently seen and is personally acquainted with the keeping and care of the animal(s) by virtue of an examination of the animal(s), and/or by medically appropriate and timely visits to the premises where the animal(s) is(are) kept

The practicing veterinarian is readily available for follow-up in case of adverse reactions or failure of the regiment therapy.

Question 365

What are some reasons that an FDA investigator might check on a veterinarian?

Answer 365

To follow up on reports of adverse reactions to drug therapy

To determine the effectiveness of drug recalls

To obtain detailed information from veterinarians attending or consulting on incidents of livestock illnesses or deaths

To follow up on reports of illegal tissue residues in edible products of treated food-producing animals

To collect samples and shipment documentation of marketed drugs

To see how a practitioner conducts clinical trials done in support of clinical investigations by drug sponsors under investigational exemption

To inspect drug formulation procedures of products sold to customers outside the confines of a usual practice

To investigate reports of drugs prescribed or sold to livestock producers outside a valid VCPR

To investigate reports of extra-label use of animal drugs outside the intent of the FDA’s previously announced extra-label use policy.

Question 366

Requirements for drug labels for prescriptions for patients

Answer 366

Name of the prescriber

Name and address of the dispenser of drug

Name of the patient

Date dispensed

Name of the drug

Unit strength of the product dispensed

Volume or quantity of the drug dispensed

Clear directions for product use

Expiration date

Question 367

What is the Poison Prevention Packaging Act?

Answer 367

This law requires that prescription drugs and certain nonprescription drugs be dispensed in containers with safety caps. It created the Consumer Products Safety Commission in order to administer the laws and regulations pertaining to packaging of household substances.

Question 368

What are the two types of implied warranties?

Answer 368

An implied warranty of merchantability

And implied warranty of fitness for a particular purpose

Question 369

What is an implied warranty?

Answer 369

A warranty created by operation of law, not by agreement of the parties.

Question 370

Under the UCC what two conditions must be met for there to be an implied warranty?

Answer 370

The seller is one who ordinarily sells such goods

The warranty hasn’t bee validly excluded or modified

Question 371

What are the three drugs of special concern?

Answer 371

Anesthetics

Psychotropic Drugs

Chemotherapeutic agents

Question 372

What are the medical factors that influence the need for consent?

Answer 372

The age and physical condition of the animal.

The likelihood of an undesired side effect

Seriousness of the side effect

Possibilty for fatality

Pregnancy

Question 373

What are teh different types of Client Consent?

Answer 373

Oral information adn written notes

Oral information, written notes, and owner’s initials

Sign written consent forms

Written consent forms for psychotropic drugs

Informed Consent for Cancer Therapy

Question 374

What four criteria must be met for an animal health technician or other veterinary practice employee to administer or dispense controlled drugs?

Answer 374

They are agents or employees of the registered practitioner

Performing this task in the usual course of business

Acting under the direction of a licensed veterinarian

Under the direct supervision (veterinarian on the premises) of a licensed veterinarian.

Question 375

Which DEA form is used to surrender unused CDS to the DEA

Answer 375

Form 41

Question 376

Where should each part of the triplicate DEA 222 form be directed?

Answer 376

Copy 1 is retained by the supplier
Copy 2 goes to the DEA
Copy 3 is retained by the registrant

Question 377

Which DEA form is used to report thefts or losses of Controlled Drugs?

Answer 377

Form 106

Question 378

When lending a controlled drug to another practitioner, what step is unnecessary for schedule III, IV and V drugs, that is necessary for schedule II drugs?

a. Using the DEA 222 form. Copy 3 of the form stays with the veterinarian who received the drug. Copy 1 stays with the registered practitioner supplying the drug. Copy 2 is sent to the DEA.
b. It is illegal to lend a schedule II drug.
c. Using the DEA 222 form, although both the receiving DVM and supplying DVM should log copies, no copy needs to be sent to the DEA.

Answer 378

a. Using the DEA 222 form. Copy 3 of the form stays with the veterinarian who received the drug. Copy 1 stays with the registered practitioner supplying the drug. Copy 2 is sent to the DEA.

Question 379

Regarding veterinarians who work at more than one location; they may administer, dispense, and prescribe controlled drugs providing they have a current DEA registration at central place of business.

Answer 379

False –They may prescribe controlled drugs if they are registered at some principle place of business. To administer or dispense they must be classified as an employee of a registrant, or they must register at each facility where they are employed.

Question 380

Under what circumstances can a DVM dispense an adulterated drug?

a. When all ingredients are FDA/CVM approved.
b. Under no circumstances.
c. As long as there are no more than two drugs combined and both are FDA/CVM approved.

Answer 380

b. Under no circumstances

Question 381

The AVMA Principles of Veterinary Medical Ethics is an example of what branch of ethics?

a. Descriptive.
b. Official.
c. Administrative.
d. Normative.

Answer 381

b. Official

Question 382

What is the process for making changes to Veterinary Practice Act laws?

a. Only a unanimous vote of the state’s veterinary medical associations board members.
b. Proposed changes must be submitted to the House and Senate and ultimate signed into law by the Governor.
c. Through a lengthy process that includes introduction of the proposed changes, membership time for rebuttal, and eventually voting opportunities for all members.

Answer 382

b. Proposed changes must be submitted to the House and Senate and ultimately signed into law by the Governor

Question 383

(Multiple Choice) In regards to Unjust Enrichment – the legal system will look for which of the following elements before considering applying the law to a situation:

a. The more emergent the animal’s needs are the more leeway exists to provide the emergency medical care.
b. The veterinarian attempted to reach the owner prior to medical care.
c. The extent of the emergency care required to stabilize the patient was reasonable.

Answer 383

a. The more emergent the animal’s needs are the more leeway exists to provide the emergency medical care.
b. The veterinarian attempted to reach the owner prior to medical care.
c. The extent of the emergency care required to stabilize the patient was reasonable.

Question 384

A clear statement of agreement to the terms offered is called a what?

a. Express Acceptance
b. Implied Acceptance

Answer 384

a. Express Acceptance

Question 385

In a Covenant not to Compete the scope of activity is generally restricted and includes a time limitation and geographic restraint.

a. True
b. False

Answer 385

True

Question 386

What laws involve a person who has been authorized to act on behalf of another?

a. Law of Authority
b. Law of Agency
c. Law of Power of Attorney

Answer 386

b. Law of Agency

Question 387

A controlled drug with a high potential for abuse and severe dependence, but does have currently accepted medical uses in the United States, would be in what Schedule of narcotics?

Answer 387

Schedule II

Question 388

A non-veterinary staff member may prescribe any non-controlled drugs if directed to do so by a licensed, veterinarian who employs them, and if that veterinarian directly supervises the staff member. True or False?

Answer 388

a. False. Non veterinary staff members may not prescribe any drug.

Question 389

Under what four conditions will many states allow a non-veterinary staff member to administer controlled drugs?

Answer 389

1. If they are agents or employees of the registered practitioner.
2. They are performing the task in the usual course of business.
3. They are acting under the direction of a licensed veterinarian.
4. They are under the direct supervision of a licensed veterinarian.

Question 390

What is the process for lending a fellow veterinarian a Schedule II drug?

Answer 390

a. Must use the DEA 222 form. Copy 3 of the form stays with the veterinarian who received the drug. Copy 1 stays with the registered practitioner supplying the drug. Copy 2 is sent to the DEA.

Question 391

Regarding the DEA form 222; what is the correct destination for each of the 3 copies of the form?

Answer 391

1. Copies 1 and 2 of the DEA 222 must be submitted to the supplier.
2. Copy 3 of the form is retained by the registrant.
3. The supplier retains copy 1 and sends copy 2 to the DEA.

Question 392

List two steps to take when a controlled drug has been lost or stolen.

Answer 392

1. Registrants are required to notify the regional office of the DEA using a DEA form 106.
2. The local police department should also be notified.

Question 393

Define Adulterated Drugs.

Answer 393

Drugs that contain unsanitary components, lack of adequate control in manufacture, differ in strength from official compendium, or that are mixed with another substance. Example; a practitioner takes two or more FDA-approved drugs and mix them in one syringe or bottle. In doing this the drugs have been adulterated and administering such a drug is a violation of the FD&C Act.

Question 394

List the five label requirements for prescription drugs.

Answer 394

1. The statement “Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian”.
2. Recommended dose and route of administration.
3. Quantity or proportion of each active ingredient.
4. Names of all inactive ingredients if drug is for non-oral use.
5. Identifying lot or control number from which it is possible to determine the complete manufacturing history of the drug.

Question 395

In regards to an OSHA inspection; employers have the right to deny access to specific areas of the building to avoid disturbing the business process. True or False?

Answer 395

a. False. Employers have the right to require a warrant, or to request a postponement, but not deny access once the inspection/investigation has begun.

Question 396

A veterinary acupuncturist leases space from a general practice. Does the general practice need to share the hazard assessments from their department, even if the acupuncturist works in a separate part of the building?

Answer 396

a. Yes. All separate businesses within a shared space must create a hazard assessment for the entire area.

Question 397

What five elements must be in a Hazardous Chemical Plan?

Answer 397

1. Must be in writing.
2. A complete list of all hazardous chemicals must be maintained.
3. Safety Data Sheets library.
4. All containers properly labeled.
5. Staff training.

Question 398

Descriptive Ethics

Answer 398

refers to the study of ethical views of veterinarians and veterinary professionals regarding their behavior and attitudes. Essentially what is right and wrong.

Question 399

Official Ethics

Answer 399

involve the creation of the official ethical standards adopted by professional organizations and imposed on its members.

Question 400

Administrative Ethics

Answer 400

involve actions by administrative government body that regulate veterinary practice and activities in which veterinarians engage. License revocation can result if any civil or criminal violations of these regulations occur.

Question 401

Normative Ethics

Answer 401

refer to the search for correct principles of good and bad, right and wrong, and justice and injustice.

Question 402

What is the Veterinary Practice Act?

Answer 402

A state’s or commonwealth’s law, codified into regulations, describing what licensed and non-licensed employees can and cannot do, as well as acceptable medical standards, as it relates to veterinary medicine.

Question 403

What is involved in making changes to the Veterinary Practice Act?

Answer 403

Proposed changes must be submitted to the House and Senate and ultimate signed into law by the Governor.

Question 404

What six elements do the courts want satisfied to consider the existence informed consent in a situation?

Answer 404

1. Consent must be given freely.
2. Treatment and diagnosis must be given in understandable terms.
3. The risks, benefits and the prognosis of the defined procedure must be stated.
4. The prognosis if no treatment is selected must be stated.
5. Practice must provide alternative treatments, including risks, benefits and costs.
6. The client must be given an opportunity to ask questions and have them answered.

Question 405

The law of ________ ________ was created to avoid benefit of one party at the expense of another (owner receives emergency veterinary care at the veterinarians expense).

Answer 405

Unjust Enrichment

Question 406

In relation to the Acceptance stage of a contract; what is the difference between Express Acceptance and Implied Acceptance?

Answer 406

a. Express Acceptance – a clear statement of agreement to the terms offered that establishes an Express Contract.
b. Implied Acceptance – no direct statement of agreement, but is demonstrated by actions indicating acceptance of the offer, leading to an Implied Contract.

Question 407

Although there may have been no formal agreement, justice requires the enforcement of one’s promise when another party has justifiably relied on that promise, changed its position, and incurred substantial detriment. This situation is called _____________ ___________.

Answer 407

Promissory Estoppel

Question 408

When it comes to the Law of Agency; what two scenarios are considered likely to be common in veterinary medicine?

Answer 408

1. Agency and Consents for Care

2. Agency and Consents for Euthanasia

Question 409

Rollin believes there are 4 types of moral problems in veterinary medicine and they involve ethics in relation to what areas?

Answer 409

1. Peers.
2. Clients.
3. Animals.
4. Society.

Question 410

Complete informed consent must

contain the following elements:

Answer 410

• Consent must be given freely.
• Treatment and diagnosis must be given in understandable terms.
• The risks, benefits and the prognosis of the defined procedure must be stated.
• The prognosis if no treatment is selected must be stated.
• Practice must provide alternative treatments, including risks, benefits and costs.
• The client must be given an opportunity to ask questions and have them answered.

Question 411

What are the three distinct standards regarding the information that a doctor must provide to the patient in order for the patient to exercise true informed consent?

Answer 411

Reasonable practitioner standard. Requires a practitioner to disclose facts that the individual practitioner believes would be material to a particular client

Reasonable patient/client standard. Requires a practitioner to disclose all risks that would be material to ar reasonable, prudent person in the client’s position

Individual client/patient standard. Requires a practitioner to determine what risks are material to a particular client he or she is dealing with and to disclose those risks.

Question 412

What information must be disclosed to a client/patient for them to be truly informed?

Answer 412

The general nature of the proposed treatment and the purpose or reason for the treatment

Risks or dangers involved

Probability or prospect of success

All alternative treatments or procedures, along with the risks and probabilities of success for each alternative treatment

The prognosis or risk of no treatment

Cost of each alternative treatment

Question 413

Under what circumstances is nondisclosure of facts regarding treatment permitted?

Answer 413

Stabilization of life-threatening injuries

If the client specifically requests nondisclosure.

When consent is implied by actions

Question 414

Which facts do not require disclosure?

Answer 414

Risks so remote that they are not material

Risks that are obvious or within common knowledge

Risks already known to the client

Risks which, if disclosed to the client, might be harmful to the client’s wellbeing.

Question 415

Define Burden of Proof

Answer 415

Level of proof that must be provided by the plaintiff in order to prevail in a legal action. In negligence actions, the plaintiff must usually prove that the probability of negligence and harm is “more likely than not.” The legal term often applied to this burden of proof is “be a preponderance of the evidence,” a much lower burden than the “beyond a reasonable doubt” required in criminal cases.

Question 416

Define Gross Ignorance

Answer 416

An act or omission that reaches a level of incompetence or error much greater than that of a more common negligent or mistaken action or omission.

Question 417

Define Moral Turpitude

Answer 417

The act of baseness, vileness, or the depravity in private and social duties which humans owe to their fellow humans or society in general, contrary to accepted and customary rules of right and duty to others. It also includes acts or behaviors that gravely violate moral sentiment or accepted moral standards of a community.

Question 418

Define Unprofessional Conduct

Answer 418

The finding of a state veterinary license board where the behavior of a veterinarian is below the standards of behavior set for a licensee. This behavioral violation may be related to actions within the practice scope or related purely to personal life situations, including but not limited to alcohol and/or drug-related behavior. Most every complaint before license boards, if not dismissed, has a finding of unprofessional conduct. AKA Dishonorable Conduct.

Question 419

Define Red Flag Rules

Answer 419

A set of federal regulations that require certain businesses and organizations to develop and implement plans to keep client information secure in efforts to discourage identity theft

Question 420

Define Business Affiliation Escape

Answer 420

Provisions of a buy/sell agreement between associated business owners allowing for one or more shareholders to leave ownership for various reasons, including death.

Question 421

Define Cross-Purchase Agreement

Answer 421

Another name for a buy/sell agreement where other shareholders individually buy out an exiting shareholder of the business

Question 422

Define Perpetual Survival

Answer 422

Businesses, if successful and profitable, need perpetual or uninterrupted existence, whether one or more shareholders desire to leave or not.

Question 423

Define Right of First Refusal

Answer 423

The rights given to surviving or remaining shareholders allowing them to meet or match a third party’s offer to purchase available shares of a business, within a prescribed specific amount of time.

Question 424

What are the three major groups of factors that will be examined in an audit of contract employees?

Answer 424

Behavioral Control

Financial Control

Type of relationship

Question 425

Define Legal Duty

Answer 425

Any duty that is defined or regulated by laws in the jurisdiction where the veterinarian is licensed to practice.

Question 426

Which act gives veterinarians the ability to use their judgment to use drugs in an extra label manner?

Answer 426

The Animal Medicinal Drug Use Clarification Act of 1994 (AMDUCA)

Question 427

What factors are generally considered when determining whether an employment relationship exists under the FLSA (employee vs contractor)

Answer 427

The extent to which the work performed is an integral part of the employer’s business.

Whether the worker’s managerial skills affect his or her opportunity for profit and loss.

The relative investments in facilities and equipment by the worker and the employer.

The worker’s skill and initiative

The permanency of the worker’s relationship with the employer.

The nature and degree of control by the employer

Question 428

Define Agister Lien

Answer 428

A lien on the animals under an agister’s care, to secure payment of the agister’s fee. An agister is one who takes and pastures grazing animals for a fee, a type of bailee for hire.

Question 429

Define Chattel Lien

Answer 429

A statutory lien that secures payment for labor or materials supplied in improving, repairing, or maintaining personal property, such as an automobile.

Question 430

Define Personalty (this is not a typo)

Answer 430

Personal property

Question 431

Define Possessory Lien

Answer 431

A lien allowing the creditor to keep possession of the encumbered property until the debt is satisfied. A power of sale may or may not be combined with this right of possession.

Question 432

Define Fiduciary Duty/Relationship

Answer 432

A fiduciary duty is the highest standard of responsibility to another. A person who has a fiduciary duty is called the fiduciary and owes the duty of good faith, trust confidence, and candor.

Question 433

Which act governs employee health and retirement benefit plans?

Answer 433

Employee Retirement Income Security Act (ERISA)

Question 434

What are the three major sections of ERISA?

Answer 434

Title I - prescribes reporting and disclosure obligations, minimum participation rules, vesting and funding requirements, fiduciary standards, and other rules.

Title II - consists of amendments to the IRC and is enforced by the IRS

Title IV - establishes a pension-plan benefit insurance program, administered through the Pension Benefit Guaranty Corporation (PBGC)

Question 435

What is COBRA?

Answer 435

Consolidated Omnibus Budget Reconciliation Act of 1986. Allows for limited continuation of group health benefits to covered employees who leave their employment under certain circumstances. Employer must have 20 or more employees.

Question 436

What are the three main details the FLSA was created to address?

Answer 436

1. Establish a minimum wage.
2. Define overtime pay standards.
3. Regulate the employment of minors.

Question 437

Can the owner of the practice, be held responsible for the discriminating actions or behavior of their employee towards another employee?

Answer 437

Yes

Question 438

Manager Jane Doe is relieved that her small practice of 18 employees is too small to be required to follow make accommodations under the ADA. Should she be relieved? If so, why? If not, why?

Answer 438

No, she shouldn’t be relieved; any employer with 15 or more employees is required to follow the rules of the ADA

Question 439

When it comes to discrimination in general, what employment matters, aside from hiring, are included in anti-discrimination laws?

Answer 439

All employment decisions should be made without discriminatory intent or appearance. This includes wages, termination, advancement, discipline, etc.

Question 440

Regarding the FMLA; define an eligible part-time employee.

Answer 440

Someone who works twenty or more calendar weeks in the current or previous year.

Question 441

Who pays the FUTA tax; employers, employees, or both?

Answer 441

Employers

Question 442

Among other things, what Act also outlines reporting and disclosure obligations, minimum participation rules vesting and funding requirements and fiduciary standards for employees who participate in qualified benefit programs (enforced by Department of Labor)?

Answer 442

ERISA – Employment Retirement Income Security Act.

Question 443

Which of the following is not a required labor law poster?

a. Consolidated Omnibus Budget Reconciliation Act (COBRA)
b. Fair Labor Standards Act and Minimum Wage
c. Equal opportunity provisions of the law
d. The Family and Medical Leave Act
e. OSHA Job Safety and Health Protection requirements
f. The Employee Polygraph Protection Act
g. The Uniformed Services Employment and Reemployment Rights Act
h. Right to join/form unions and associations

Answer 443

a. Consolidated Omnibus Budget Reconciliation Act (COBRA)

Question 444

Name three of the six potential exceptions to the client confidentiality statutes.

Answer 444

1. The client or client’s agent consent to the release.
2. The law requires disclosure.
3. An animal’s health is at stake.
4. A legal dispute has arisen such as malpractice or fee conflict.
5. A board investigation or disciplinary proceeding exists against the veterinarian or animal owner.
6. There is suspected or actual abuse or neglect.

Question 445

Employees are obligated to maintain client/patient confidentiality even after they have left the employ of the practice. True or False.

Answer 445

True

Question 446

Employees can legitimately discuss client or patient information with what four people or positions?

Answer 446

• The client.
• The client’s agent.
• The treating veterinarian.
• Other employees involved in the patients care.

Question 447

What entity requires veterinarians to protect the personal privacy of clients and patients and not reveal confidences unless required by law or unless it becomes necessary to protect the health or welfare of other individuals or animals?

Answer 447

The Principles of Veterinary Medical Ethics of the AVMA (PVME)

Question 448

What is considered a critical statement to include in your Social Media Policy in regards to employees posting confidential photos/videos/text on their personal social media sites?

Answer 448

a. A statement that any employee conduct, including social media posts, that negatively affects the employees job performance, or the performance of team members, clients, patients, or distributors, may result in disciplinary action up to and including termination.

Question 449

1) According to the Fair Labor Standards Act if a relief veterinarian has a set schedule with your practice but also continues to provide random relief shifts for other practices, are they considered an independent contractor?
a. Yes
b. No they are not because of the set schedule.

Answer 449

b. No they are not because of the set schedule

Question 450

2) When it comes to the employment of minors, which age group can only work 3 hours per day during school days and 8 hours a day on non-school days? They also cannot begin work prior to 7 am.
a. 14 – 15 year olds.
b. 14 – 16 year olds.
c. Any employee under 17 years of age.

Answer 450

a. 14 to 15 year olds

Question 451

3) ______________ occurs when submission to or rejection of unwelcome sexual conduct is used as the basis of employment decisions affecting the individual (applies to protected classes as much as it does gender)
a. Equal Exchange Burden
b. Quid Pro Quo
c. Tit for Tat

Answer 451

b. Quid Pro Quo

Question 452

4) In most states The Principles of Veterinary Medical Ethics of the AVMA can actually be enforced by law.
a. True
b. False

Answer 452

False

Question 453

5) Client confidentiality is a critical part of our profession, with that in mind, when is it considered acceptable for a member of the practice to take client lists and information with them when departing?
a. Never.
b. When they maintain “relief DVM” relationship with the practice.
c. It depends on what the agreement was with the practice.

Answer 453

c. It depends on what the agreement was with the practice

Question 454

Does the VHMA have a Code of Ethics?

Answer 454

Yes

Question 455

What division controls the FLSA?

Answer 455

Wage and Hour Division of the US Department of Labor

Question 456

Who enforces the antidiscrimination laws under the Civil Rights Act?

Answer 456

Equal Employment Opportunity Commission

Question 457

What is the Mental Health Parity Act?

Answer 457

Provides for fairness and consistency between medical and surgical benefits and mental health benefits.

Question 458

What is the Controlled Substances Act?

Answer 458

Title II of the Comprehensive Drug Abuse Prevention Control Act of 1970.

Regulates, by way of federal registration, all persons involved in the legitimate chain of manufacture, distribution, or dispensing of controlled drugs.

Was designed to provide a “closed system” for legitimate handlers of controlled drugs, and reduce opportunities for controlled drugs entering into the illicit drug market.

Question 459

What all must an Adverse Drug Even Report include?

Answer 459

The reporter or person familiar with the event who can provide additional information.

Clinical sign or symptom occurring right after product exposure, regardless of perceived causality

Product name and lot number if available.

Patient, an identifiable animal or human.

Question 460

What is an animal medical device?

Answer 460

An instrument, apparatus, implement, machine, implant, in-vitra reagent, or similar article used in the diagnosis of disease or condition, and/or the treatment of such.

Question 461

OSHA Form 300

Answer 461

Log of Work-Related Injuries and Illness. Record every work related death, or injury/illness that involves loss of consciousness, restricted work activity or job transfer, days away from work, or medical treatment beyond first aid. You must also record significant work-related injuries and illnesses that are diagnosed by a physician or licensed health care professional

Question 462

OSHA Form 301

Answer 462

Illness and Injury Incident Report. Within 7 calendar days after you receive information that a recordable work-related injury or illness has occurred, you must fill out this form or an equivalent.

Question 463

VHMA Code of Ethics

Answer 463

I pledge myself to: Comply with the principles and declarations of the Veterinary Hospital Managers Association, Inc.’s code of professional ethics. Maintain and promote the profession of veterinary practice management. I will assure my continued growth and development as a professional by utilizing, to the highest extent possible, the facilities offered to me for continuing the professional education and refinement of my management skills. Seek and maintain an equitable, honorable, and cooperative association with fellow members of the Veterinary Hospital Managers Assocation, Inc. and with all others who may become part of my business and professional life. Paly a fundamental role in maintaining excellence and quality of care to our clients and their animals. Place honesty, integrity, and industriousness above all else, and gainfully pursue my profession with diligent study and dedication so that service to my employer shall always be maintained at the highest possible level. Keep all information concerning the business or personal affairs of my employer confidential, except as may otherwise be required or compelled by applicable law or regulation. Protect the employer’s funds and property under my control Information gathered, maintained, or produced within the veterinary practice is the property of the practice owner and will not be reproduced, shared, or distributed outside the practice without the consent of the owner.

Question 464

When considering the paperwork required for court proceedings, what two things generally define case titles?

A. Names of the parties to the lawsuit
B. Names of the attorneys
C. Two upper case Vs
D. Names of the parties to the lawsuit and a small v

Answer 464

D. Names of the parties to the lawsuit and a small v

Question 465

In the legal case heading “Brown v. The Board of Education”, what does the v stand for?
A.  Versus
B.  Virus
C.  Verse
D.  Venture

Answer 465

A Versus

Question 466

Which of the following choices is a part of The American Veterinary Medical Association Model Practice Act’s definition of veterinarian-client-patient relationship?

A. A diagnosis, which must be permanently entered into the patient medical record
B. The veterinarian has recently seen or is acquainted with the keeping and care of the animal(s)
C. A written treatment plan, which must include all recommendations and medications
D. All of the above

Answer 466

B- The American Veterinary Medical Association Model Practice Act’s definition of veterinarian-client-patient relationship includes the statement “The veterinarian has recently seen or is acquainted with the keeping and care of the animal(s)”. It is up to the State Board to adopt the AVMA’s policy. The remaining choices are a part of California’s definition of the veterinarian-client-patient-relationship, but may not have been adopted by other states.

Question 467

When considering veterinary negligence and malpractice disputes, case law and precedents are set at which of the following trail levels of the court system?

A. Criminal level
B. Civil level
C. Appellate level
D. Public level

Answer 467

Answer: C- Appellate Level - When considering veterinary negligence and malpractice disputes, case law and precedents are set at the appellate level of the court system.

Question 468

Which of the following represents a reason that it is difficult to predict the outcome of case law proceedings pertaining to veterinary cases?

A. Case law is based on appellate law
B. Case law is based on fact only
C. Case law is based on legal opinion and subject to interpretation
D. Case law is based on which party the judge finds the most credible

Answer 468

Answer: C- Case law is based on legal opinion and subject to the judge’s interpretation of the law, which makes it difficult to predict the outcome of case law proceedings pertaining to veterinary cases.

Question 469

In the event of a lawsuit at the trial court level, which name in a lawsuit is listed first, at the top of the legal case heading?

A. Judge
B. Plaintiff
C. Defendants
D. Both parties to the lawsuit

Answer 469

Answer: B- The plaintiff’s name is listed first, at the top of the legal case heading.

Question 470

Both the Federal government and the Food and Drug administration are serious about the veterinarian’s duty to assure that prescription drugs are dispensed properly and only in the presence of a valid veterinarian-client-patient-relationship. Which law provides for fines, upwards of $100,000, for veterinarians found guilty of violating the FD&C Act?

A. FD&C Penalty Act of 1992
B. Veterinary Felony Act of 1987
C. Criminal Fines Act of 1984
D. Fraudulent Prescription Act of 1996

Answer 470

Answer: C- The Criminal Fines Act of 1984 provides for fines, upwards of $100,000, for veterinarians found guilty of violating the FD&C Act.

Question 471

In the United States, which court is the highest in the land?

A. Circuit court
B. Chancery court
C. Magistrates court
D. Supreme court

Answer 471

Answer: D- The Supreme court is the highest court in the land in the United States.

Question 472

In which United States court are most veterinary lawsuits heard?

A. County court
B. Justice of the Peace
C. Appellate court
D. Traffic court

Answer 472

A- In the United States most veterinary lawsuits are heard in the county court, which is also known as small claims court.

Question 473

If you are a managing a veterinary practice, and wish to file a lawsuit against a client for unpaid services under $5000.00, in which court would your case go to trial?

A. Appellate court
B. Court of appeals
C. County court
D. Special court

Answer 473

C- County court, or small claims court, tries lawsuits when punitive damages do not exceed $5000.00

Question 474

According to Black’s Law Dictionary, what is the correct definition of negligence?

A. The doing of an act that a person without normal prudence would find offensive in the exact same circumstances
B. The doing of an act that a person of normal prudence would not have done under similar circumstances
C. The doing of an act that an extraordinary person of abnormal prudence would have done under the exact same circumstances
D. The doing of an act that a person of normal prudence would have done under similar circumstances

Answer 474

B- The doing of an act that a person of normal prudence would not have done under similar circumstances is the definition of negligence, according to Black’s Law Dictionary.

Question 475

Under which law do most cases that involve Veterinary professional liability originate from?

A. Criminal law
B. Law of malpractice
C. Law of civil negligence
D. Probate law

Answer 475

B- Most cases that involve veterinary professional liability originate from the law of malpractice. They result from incidents such as injury, death, or escape of a client’s animal.

Question 476

Under the current law, which of the following choices represents a veterinarians greatest risk for legal liability?

A. Injury to an employee
B. Injury to a client
C. Medical malpractice
D. Disability

Answer 476

B- Under current law, a Veterinarians greatest risk for liability involves an injury to a client.

Question 477

In the United States, which court is the lowest in the land, in the terms of authority?

A. Appellate court
B. Court of appeals
C. Magistrates court
D. Special court

Answer 477

C- In the United States, the Magistrates court is the lowest in the land, in the terms of authority.

Question 478

When considering the law of negligence, how does it pertain to professional behavior?

A. It pertains to the way a professional handles a malpractice suit
B. It pertains to all aspects of a professional’s life and business
C. It pertains to the way professionals run their businesses
D. It pertains to the way professionals run their lives

Answer 478

C- The law of negligence pertains to the way professionals run their businesses and individuals run their lives.

Question 479

A client presents a patient for emergency care and is unable to pay for the necessary medical care. Which option below best represents the ramifications of denying emergency medical care to this patient?

A. Revocation of American Animal Hospital Association certification
B. Medical malpractice suit
C. State Veterinary Board disciplinary action
D. Moral indignation and bad public relations

Answer 479

D- Moral indignation and bad public relations are the ramifications of denying emergency medical care to a patient whose owner is unable to pay for services.

Question 480

Which of the following is NOT an example of omission in a veterinary malpractice lawsuit?

A. Failure to utilize a cardiac monitor
B. Failure to perform vaginal cultures on a herd of cattle
C. Failure to perform a urinalysis
D. Failure to properly file the patient medical record

Answer 480

D- Failure to properly file the patient medical record is NOT an example of omission in a veterinary malpractice lawsuit. Omission occurs whenever there is a failure to meet the accepted medical standard, such as the exclusion of a medically indicated diagnostic procedure or treatment.

Question 481

In consideration of veterinary lawsuits, there are three types of damages that can be awarded. In addition to nominal and compensatory, which of the following choices is the third type of damages that can be awarded?

A. Punitive
B. Veterinary
C. Compensatory
D. Altruistic

Answer 481

A- Punitive damages are the third type of damages that can be awarded in a veterinary lawsuit, in addition to nominal and compensatory damages.

Question 482

In regards to the health of employees and volunteers in a Veterinary Hospital, the Occupational Safety and Health Administration (OSHA) tasks Veterinary owners and managers with which of the following responsibilities?

A. The creation and implementation of a written plan that describes compliance with OSHA hazard communication regulations
B. The design and implementation of a verbal communication that complies with OSHA hazard communication standards
C. The creation and inspection of state Veterinary legislation to ensure compliance with federal law
D. The implementation of the Pregnancy Discrimination Act, Title VII, and state statutes, which specifically regulate maternity leave policies.

Answer 482

A -In regards to the health of employees and volunteers in a Veterinary Hospital, The Occupational Safety and Health Administration (OSHA) tasks Veterinary owners and managers with the creation and implementation of a written plan that describes compliance with hazard communication regulations. These laws must be addressed at both a federal and state level.

Question 483

In the event of a violation of antitrust laws, the Department of Justice initiates most legal proceedings under which of the following?

A. First Amendment
B. State law
C. Second Amendment
D. Federal law

Answer 483

D- In the event of a violation of antitrust laws, the Department of Justice initiates most legal proceedings under federal law.

Question 484

The purpose of federal and state antitrust legislation is to preserve the underlying principle that our nation shall function under which of the following?

A. The article of free speech
B. A monopolized business environment
C. A competitive business economy
D. All of the above

Answer 484

C- The purpose of federal and state antitrust legislation is to preserve the underlying principle that our nation shall function under a competitive business economy.

Question 485

In the process of a veterinary lawsuit, what are the most common expenses that a client may seek an award for?

A. Pain and suffering
B. Veterinary bills
C. Time lost from work
D. Personal expenses

Answer 485

B- In the event of a veterinary lawsuit, reimbursement of veterinary bills is the most common expenses that a client may seek an award for.

Question 486

When considering the job hazards that may affect the health of employees or volunteers in the veterinary practice in which they are employed, which three categories of hazards are recognized and mandated by federal law?

A. Biological, zoonotic, and chemical
B. Physical, chemical, and biological
C. Environmental, physical, and chemical
D. Teratogenic, biological, and zoonotic

Answer 486

B -Physical, chemical, and biological are the three categories of hazards are recognized and mandated by federal law, when considering the job hazards that may affect the health of employees or volunteers in the veterinary practice in which they are employed.

Question 487

When considering compliance with the Occupation Safety and Health Administration regulations, it is essential for employers to conduct and document which of the following two steps in employee management?

A. Orientation and training
B. Training and documentation
C. Indoctrination (training) and counseling during high-risk situations
D. Training and injury and illness reports

Answer 487

C -Indoctrination (training) and counseling during high-risk situations are two steps in employee management that employers are required, by OSHA, to conduct and document.

Question 488

Which of the following tasks are considered to be an administrative control by the Occupational Safety and Health Administration (OSHA), as an approach for reducing worker exposure to waste gases (other than through the use of engineering controls, work practices, or personal protective equipment)?

A. Institute a program of routine inspection and regular maintenance of equipment
B. Implement a monitoring program to measure airborne levels of waste gases in the breathing zone or immediate work area
C. Encourage or promote the use of scavenging systems in all anesthetizing locations where inhaled agents are used
D. All of the above

Answer 488

D -All of the above choices are considered to be an administrative control by the Occupational Safety and Health Administration (OSHA), as an approach for reducing worker exposure to waste gases (other than through the use of engineering controls, work practices, or personal protective equipment).