Law and Ethics Flashcards

Question

Child-proof Containers

Answer 1

Resistant to being opened or tampered with by a child.

Answer 2

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

Answer 3

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.

Answer 4

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

Answer 5

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.

Answer 6

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

Answer 7

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

Answer 8

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

Answer 9

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

Answer 10

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

Answer 11

Refers to employees "Right to Know" the information within OSHA's Hazard Communications Standards.

Answer 12

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

Answer 13

The continued possession, use, or control of something

Answer 14

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.

Answer 15

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

Answer 16

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.

Answer 17

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.

Answer 18

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.

Answer 19

Multiple Acts of stirring up lawsuits

Answer 20

Libel or slander

Answer 21

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

Answer 22

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

Answer 23

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

Answer 24

Cover veterinarian's business-related liabilities

Answer 25

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

Answer 26

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.

Answer 27

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

Answer 28

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

Answer 29

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.

Answer 30

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.

Answer 31

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.

Answer 32

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

Answer 33

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

Answer 34

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.

Answer 35

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.

Answer 36

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.

Answer 37

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

Answer 38

Nominal Compensatory Punitive

Answer 39

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.

Answer 40

The principle that the occurrence of an accident implies negligence

Answer 41

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

Answer 42

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)

Answer 43

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.

Answer 44

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.

Answer 45

Social, personal, and professional

Answer 46

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

Answer 47

What is right or wrong on an individual basis

Answer 48

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

Answer 49

Descriptive, official, administrative, and normative

Answer 50

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

Answer 51

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

Answer 52

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

Answer 53

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

Answer 54

Civil and Criminal

Answer 55

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

Answer 56

Prosecutes crimes committed against the public as a whole.

Answer 57

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

Answer 58

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

Answer 59

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

Answer 60

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

Answer 61

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

Answer 62

Dereliction of duty, resulting in injury to the patient.

Answer 63

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

Answer 64

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.

Answer 65

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.

Answer 66

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.

Answer 67

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.

Answer 68

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

Answer 69

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

Answer 70

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

Answer 71

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

Answer 72

Occupational Safety and Health Administration (OSHA)

Answer 73

Substance or agent that is known to cause cancer

Answer 74

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.

Answer 75

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

Answer 76

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

Answer 77

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

Answer 78

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

Answer 79

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

Answer 80

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

Answer 81

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.

Answer 82

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

Answer 83

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

Answer 84

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.

Answer 85

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

Answer 86

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

Answer 87

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

Answer 88

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.

Answer 89

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

Answer 90

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

Answer 91

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.

Answer 92

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

Answer 93

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

Answer 94

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.

Answer 95

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

Answer 96

50 mSv/year

Answer 97

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.

Answer 98

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.

Answer 99

Mitigation Preparation Response Recovery

Answer 100

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

Answer 101

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

Answer 102

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

Answer 103

Hazards + Vulnerabilities = Risk

Answer 104

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

Answer 105

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.

Answer 106

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.

Answer 107

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.

Answer 108

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.

Answer 109

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.

Answer 110

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.

Answer 111

Food and Drug Administration (FDA)

Answer 112

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

Answer 113

Environmental Protection Agency (EPA)

Answer 114

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.

Answer 115

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.

Answer 116

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.

Answer 117

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

Answer 118

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.

Answer 119

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

Answer 120

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

Answer 121

The Virus, Serum and Toxin Act

Answer 122

Federal Insecticide, Fungicide and Roenticide Act

Answer 123

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

Answer 124

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.

Answer 125

A list of changes or procedures that need attention.

Answer 126

Injury and Illness Prevention Plan

Answer 127

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.

Answer 128

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.

Answer 129

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.

Answer 130

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.

Answer 131

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)

Answer 132

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.

Answer 133

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.

Answer 134

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.

Answer 135

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

Answer 136

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.

Answer 137

11 or more.

Answer 138

Log of Work-Related Injuries and Illnesses

Answer 139

Summary of Work-Related Injuries and Illnesses.

Answer 140

February 1st through April 30th

Answer 141

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.

Answer 142

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.

Answer 143

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

Answer 144

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

Answer 145

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

Answer 146

General duty clause-Wrokers' rights and responsibilities under the Act 1910. 38 - Emergency and fire prevention plans 1910. 95 - Occupation Noise exposure 1910. 96 - Ionizing Radiation 1910. 132 - Personal Protective Equipment 1910. 145 - Signs and tags 1910. 15 - Medical services and first aid 1910. 157 - Portable Fire Extinguishers 1910. 1047 - Ethylene Oxide 1910. 1048 - Formaldehyde 1910. 1200 - Hazard communication (chemicals)

Answer 147

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.

Answer 148

Animal Waste General Waste Biologically Hazardous Waste Sharps Hazardous Chemical Waste

Answer 149

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

Answer 150

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

Answer 151

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.

Answer 152

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.

Answer 153

Overloaded, improper, or faulty electrical wiring. Storage of flammable materials too close to heat sources.

Answer 154

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

Answer 155

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.

Answer 156

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.

Answer 157

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

Answer 158

Electricity

Answer 159

To supply power to a computer surge protector or UPS.

Answer 160

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.

Answer 161

22 inches through their length.

Answer 162

Top rail, intermediate rail, and posts

Answer 163

motor vehicle crashes

Answer 164

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.

Answer 165

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.

Answer 166

The study of work and the mechanics of the body.

Answer 167

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

Answer 168

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.

Answer 169

Be prepared Be objective Use Assistance Preserve the Other person's dignity Listen with empathy Offer Something

Answer 170

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.

Answer 171

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

Answer 172

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.

Answer 173

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).

Answer 174

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

Answer 175

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.

Answer 176

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

Answer 177

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.

Answer 178

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

Answer 179

Carcinogen Toxic (reproductive, hepato-, neuro-, nephro-, hemato-) Irritant Sensitizer Any agent which damages the lungs, skin, eyes, or mucous membranes.

Answer 180

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.

Answer 181

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.

Answer 182

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.

Answer 183

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.

Answer 184

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

Answer 185

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.

Answer 186

0.5 ppm The action level (requires further action for monitoring)

Answer 187

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.

Answer 188

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.

Answer 189

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.

Answer 190

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

Answer 191

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

Answer 192

25 ppm on a time-weighted average

Answer 193

Leak testing of equipment Monitoring air in the worker's personal breathing zone Room air monitoring

Answer 194

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.

Answer 195

Minor chemical spills Serious chemical spills Major chemical spills Biomedical Waste spills Complex spills

Answer 196

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.

Answer 197

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

Answer 198

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.

Answer 199

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

Answer 200

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

Answer 201

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.

Answer 202

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

Answer 203

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

Answer 204

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

Answer 205

Active scavenging Passive Exhaust Adsorption

Answer 206

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.

Answer 207

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

Answer 208

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.

Answer 209

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

Answer 210

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).

Answer 211

16 years old

Answer 212

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.

Answer 213

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

Answer 214

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.

Answer 215

50 employees or more.

Answer 216

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.

Answer 217

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

Answer 218

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.

Answer 219

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

Answer 220

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

Answer 221

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.

Answer 222

Discrimination in Employment Act of 1967

Answer 223

Title VII of the Civil Rights Act of 1964.

Answer 224

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

Answer 225

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.

Answer 226

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.

Answer 227

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.

Answer 228

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

Answer 229

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

Answer 230

Own occupation Any occupation Residual Coverage

Answer 231

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

Answer 232

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

Answer 233

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

Answer 234

Savings Incentive Match Plan for Employees Individual Retirement Account.

Answer 235

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.

Answer 236

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

Answer 237

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.

Answer 238

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

Answer 239

The Fair Credit Reporting Act

Answer 240

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.

Answer 241

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.

Answer 242

Income tax, Social Security, and Medicare

Answer 243

Social Security, Medicare, Federal Unemployment taxes.

Answer 244

No later than January 31st.

Answer 245

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.

Answer 246

An offer An acceptance Consideration (also may include meeting of the minds)

Answer 247

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.

Answer 248

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

Answer 249

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

Answer 250

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.

Answer 251

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.

Answer 252

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.

Answer 253

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.

Answer 254

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.

Answer 255

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.

Answer 256

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.

Answer 257

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.

Answer 258

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

Answer 259

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.

Answer 260

Minority Mental disability Intoxication

Answer 261

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.

Answer 262

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.

Answer 263

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.

Answer 264

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.

Answer 265

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.

Answer 266

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.

Answer 267

Value Severity of the Emergency Attempts to reach the owner Stabilizing Care

Answer 268

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.

Answer 269

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

Answer 270

within 2 inches

Answer 271

Protective gloves and aprons.

Answer 272

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.

Answer 273

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

Answer 274

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.

Answer 275

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.

Answer 276

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.

Answer 277

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.

Answer 278

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.

Answer 279

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"

Answer 280

The Animal Medicinal Drug Clarification Act of 1994

Answer 281

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.

Answer 282

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.

Answer 283

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

Answer 284

DEA Form 222

Answer 285

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.

Answer 286

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

Answer 287

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

Answer 288

Compensation and Benefits Key Events Section Confidential Section

Answer 289

``` 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 ```

Answer 290

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

Answer 291

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.

Answer 292

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

Answer 293

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

Answer 294

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

Answer 295

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.

Answer 296

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.

Answer 297

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.

Answer 298

The practitioner/employer's need for protection The hardship experienced by the employee The effect the restraint has or will have on the public

Answer 299

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.

Answer 300

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

Answer 301

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.

Answer 302

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

Answer 303

Advertising intentionally directed to specific individuals

Answer 304

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.

Answer 305

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

Answer 306

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.

Answer 307

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

Answer 308

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

Answer 309

Food, Drug and Cosmetic Act

Answer 310

The United States Department of Agriculture

Answer 311

Animal and Plant Health Inspection Service

Answer 312

The Virus-Serum-Toxin Act of 1913

Answer 313

The Controlled Substances Act, enacted in 1970

Answer 314

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

Answer 315

Section 512

Answer 316

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.

Answer 317

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.

Answer 318

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

Answer 319

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

Answer 320

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.

Answer 321

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.

Answer 322

chemistry data Quality, consistency, and manufacturing data Bioequivalency data Stability tests Tissue residue data

Answer 323

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.

Answer 324

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.

Answer 325

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

Answer 326

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.

Answer 327

An implied warranty of merchantability And implied warranty of fitness for a particular purpose

Answer 328

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

Answer 329

The seller is one who ordinarily sells such goods The warranty hasn't bee validly excluded or modified

Answer 330

Anesthetics Psychotropic Drugs Chemotherapeutic agents

Answer 331

The age and physical condition of the animal. The likelihood of an undesired side effect Seriousness of the side effect Possibilty for fatality Pregnancy

Answer 332

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

Answer 333

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.

Answer 334

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

Answer 335

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.

Answer 336

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.

Answer 337

b. Under no circumstances

Answer 338

b. Official

Answer 339

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

Answer 340

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 341

a. Express Acceptance

Answer 342

b. Law of Agency

Answer 343

Schedule II

Answer 344

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

Answer 345

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.

Answer 346

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.

Answer 347

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.

Answer 348

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.

Answer 349

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.

Answer 350

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.

Answer 351

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.

Answer 352

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

Answer 353

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.

Answer 354

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

Answer 355

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

Answer 356

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.

Answer 357

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

Answer 358

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.

Answer 359

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

Answer 360

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.

Answer 361

Unjust Enrichment

Answer 362

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.

Answer 363

Promissory Estoppel

Answer 364

1. Agency and Consents for Care | 2. Agency and Consents for Euthanasia

Answer 365

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

Answer 366

* 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.

Answer 367

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.

Answer 368

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

Answer 369

Stabilization of life-threatening injuries If the client specifically requests nondisclosure. When consent is implied by actions

Answer 370

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.

Answer 371

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.

Answer 372

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.

Answer 373

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.

Answer 374

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.

Answer 375

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

Answer 376

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

Answer 377

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

Answer 378

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

Answer 379

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.

Answer 380

Behavioral Control Financial Control Type of relationship

Answer 381

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

Answer 382

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

Answer 383

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

Answer 384

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.

Answer 385

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

Answer 386

Personal property

Answer 387

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.

Answer 388

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.

Answer 389

Employee Retirement Income Security Act (ERISA)

Answer 390

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)

Answer 391

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.

Answer 392

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

Answer 393

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

Answer 394

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

Answer 395

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

Answer 396

ERISA – Employment Retirement Income Security Act.

Answer 397

a. Consolidated Omnibus Budget Reconciliation Act (COBRA)

Answer 398

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.

Answer 399

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

Answer 400

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

Answer 401

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.

Answer 402

b. No they are not because of the set schedule

Answer 403

a. 14 to 15 year olds

Answer 404

b. Quid Pro Quo

Answer 405

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

Answer 406

Wage and Hour Division of the US Department of Labor

Answer 407

Equal Employment Opportunity Commission

Answer 408

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

Answer 409

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.

Answer 410

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.

Answer 411

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.

Answer 412

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

Answer 413

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.

Answer 414

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.

Answer 415

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

Answer 416

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.

Answer 417

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.

Answer 418

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.

Answer 419

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

Answer 420

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.

Answer 421

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

Answer 422

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

Answer 423

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

Answer 424

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.

Answer 425

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.

Answer 426

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

Answer 427

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

Answer 428

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

Answer 429

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.

Answer 430

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.

Answer 431

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

Answer 432

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.

Answer 433

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

Answer 434

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.

Answer 435

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.

Answer 436

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.

Answer 437

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.

Answer 438

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).

Law and Ethics Flashcards

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