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Quiz Questions > Law & Ethics Part 1 > Flashcards

Law & Ethics Part 1 Flashcards

1
Q

When lending a controlled drug to another practitioner, what step is unnecessary for schedule 3,4,5 drugs, that is necessary for schedule 2 drugs?

A

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

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2
Q

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.

A. False-May prescribe controlled drugs if they are registered at some principle place of business.

B. 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.

A

B

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3
Q

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

A

B. Under no circumstances

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4
Q

In regards to a DEA inspection what can the inspector copy without the consent of the practice owner or

A

A. All records and reports involving controlled drugs

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5
Q

What is the basic rationale the record keeping required by the DEA for maintains drugs received from suppliers and drugs dispenses to patients?

A

B. To complete a closed system

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6
Q

The definition of Extra Label drug use is the use of any drug for other than the purpose for which it was intended.

A

False it is the use of an Approved drug in a manner that isn’t in accordance with the labeling. Example- a species not on the label. So not just any drug but a drug the FDA has already approved.

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7
Q

Which detailed below apply to a scheduled 5 drug?

A

It has a low potential for abuse

It does have a current acceptable medical use.

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8
Q

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?

A

Schedule II

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9
Q

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

A

False-non veterinary staff members may not prescribe any drugs

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10
Q

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

A

If they are agents or employees of the registered practitioner

They are performing the task in the usual course of business

They are acting under the direction of a licensed veterinarian

They are under the direct supervision of a licensed veterinarian

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11
Q

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

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.

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12
Q

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

A

Copy 1 and 2 of the DEA 222 must be submitted to the supplier

Copy 3 of the form is retained by the registrant

The supplier retains copy 1 and sends copy 2 to the DEA

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13
Q

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

A

Registrants are required to notify the regional office of the DEA using a DEA form 106

The local police department should also be notified

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14
Q

Define Adulterated Drugs

A

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. I’m doing this the drugs have been adulterated and administering such drug is a violation of the FD&C Act.

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15
Q

List the five label requirements for prescription drugs.

A

The statement “caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian

Recommended dose and route of administration

Quantity or proportion of each active ingredient

Names of all inactive ingredients if drug is for non-oral use

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

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16
Q

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

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.

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17
Q

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?

A

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

They will also need to provide their safety data sheets or store the safety information in a central location

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18
Q

What five elements must be in a Hazardous Chemical Plan?

A

Must be in writing

A complete list of all hazardous chemicals must be maintained

Safety Data sheets library

All containers properly labeled

Staff training

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19
Q

Define

Descriptive Ethics

A

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

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20
Q

Define

Official Ethics

A

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

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21
Q

Define Administrative Ethics

A

Administrative Ethics-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.

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22
Q

Define Normative Erhics

A

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

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23
Q

What is the Veterinary Practice Act?

A

A states 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.

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24
Q

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

A

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

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25
Q

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

A
  1. Consent must be given freely
  2. Treatment and diagnosis must be given in understandable terms.
  3. The Riss, benefits and the prognosis of the defunded 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.
26
Q

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).

A

Unjust Enrichment

27
Q

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

A

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.

28
Q

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, changes its position, and incurred substantial detriment. This situation is called _______ _______.

A

Promissory Estoppel

29
Q

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

A
  1. Agency and Consents for Care

2. Agency and Consents for Euthanasia

30
Q

Ethics Exhaustion is a state where an individual’s compassion has died out, even if just temporarily. Tre or False!

A

False- Ethics exhaustion isn’t a lack of compassion, but it is being prevented from acting in what you believe is the compassionate, carding thing to do.

31
Q

What statue requires the production of a written memorandum before the courts will enforce certain types of contracts( as opposed to an oral contract)?

A

The Statue of Frauds

32
Q

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

A. Descriptive
B. Official
C. Administrative
D.Normative

A

Official

33
Q

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

A

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

34
Q

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

All

The more emergent the animals needs the more leeway exists to provide the emergency medical care.

The veterinarian attempted to reach the owner to medical care.

The extent of the emergency care required to stabilize the patient was reasonable.

35
Q

What is the first A-in the 4As to Rise above Moral Distress?

a. analyze
B. assess
C. ask
D. Appraise

A

C. Ask

36
Q

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

A. Expresses Acceptance

B. Implied Acceptance

A

A. Express acceptance

37
Q

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

A

A. True

38
Q

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

A

B. Law of Agency

39
Q

What is the sneaky 4th element of a contract?

A. Contract final agreement

B. Intent to contract

C. Agreement to complete

A

B. Intent to contract

40
Q

According to the Fair Labor Standards Act of a relief veterinarian has a set schedule with your practice but also continues to provide random relief shifts for practices, are they considered an independent contractor?

A. Yes

B. No

A

No - they are not because of the set schedule.

41
Q

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 years old

B. 14-16 years old

C. Any employee under 17 years of age

A

A. 14-15 years old

42
Q

_________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

A

B. Quid Pro Quo

43
Q

Who enforces the federal laws prohibiting employment discrimination?

A. The Fair Labor Standards Act

B. The Civil Rights Act

C. The Equal Employment Opportunity Commission

A

C. The equal employment opportunity Commission

44
Q

In most states The Principal of Veterinary Medical Ethics of the AVMA can actually be enforced by law.

A. True

B. False

A

B. False-the AVMA principles are based more on professional relationships one has with colleagues than moral and ethical issues relating to animals and they cannot be enforced by law as written.

45
Q

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 clients 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

A

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

46
Q

Which of the following are NOT acceptable contacts for employees to discuss client or patient confidences?

A. The client’s agent

B. A concerned co-worker

C. Co-workers involved in that patients care.

A

B. A concerned co-worker

47
Q

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

A
  1. establish a minimum wage
  2. Define overtime pay standards
  3. Regulate the employment of minors
48
Q

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

A

Yes

49
Q

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?

A

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

50
Q

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

A

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

51
Q

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

A

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

52
Q

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

A

Employers

53
Q

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)?

A

ERISA- employment retirement income security act

54
Q

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

Consolidated Omnibus Budget Reconciliation Act (cobra)

Fair labor standards act minimum wage

Equal opportunity provisions of the law

The Family and Medical Leave Act

OSHA job safety and Health Protection requirements

The Employee Polygraph protection act

The uniformed Services employment and Reemployment Rights Act

Right to join/form unions and associates

A

ConsolIdated Omnibus Budget Reconciliation Act (COBRA)

55
Q

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

A

The client or clients’s agent consent to the release

The law requires disclosure

An animal’s health is at stake

A legal dispute has arisen such as malpractice or fee conflict

A board investigation or disciplinary proceedings exists against the veterinarian or animal owner.

There is suspected or actual abuse or neglect

56
Q

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

A

The client

The clients agent

The treating veterinarian

Other employees involved in the patients care

57
Q

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?

A

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

58
Q

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 media sites?

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.

59
Q

I am sure we all agree that performing a necropsy without the owner’s consent is unethical but it is also a high risk liability. The risks of liability center in causes of action. Define those two causes of action.

A
  1. The tort of outrageous conduct

2. The right not to have one’s sensibilities shocked.

60
Q

Very often the complexity of the legal system and the sluggish progression of cases ( amount other things) will discourage people from using the judicial system. There are three alternatives to a lawsuit to settle a dispute. What are they and briefly each one?

A
  1. Negotiation. A conversation between the involved parties with or without legal counsel.
  2. Mediation. The use of an intermediary who is a neutral party and in whom both sides have confidence. The parties are not required to accept the mediator’s findings.
  3. Arbitration- similar to Mediation except that the findings of the neutral arbitrator are generally binding on the parties.

Quiz Questions (7 decks)

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