Law & Ethics Flashcards by Shantell Bogedain

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 planning.

Scope

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Under FMLA Family Medical Leave Act, a “key” employee by definition are the top ___% of the highest paid employees
a. 1%
b. 5%
c. 10%
d. 15%

10%

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True / False
An Employer may fire or discriminate against an employee for filing a complaint or participating in a legal proceeding involving any of the provisions of the act.

False
It is a violation of the FLSA for the Employer to fire or in any way discriminate against an employee for filing a complaint or participating in a legal proceeding involving any of the provisions of the act.

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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.

The Veterinary Practice Act

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What Act provides safeguards for employee interest in any employer-sponsored retirement plan

ERISA Employee Retirement Income Security Act

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True / False
When Emergency Care for patients brought in by a concerned citizen who is NOT the owner Veterinarians have an ethical responsibility to provide essential services to animals to save a life or relieve suffering, even in the absence of the identity of the owner. This can lead to care without payment due to lack of consent.

True

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A state 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.

Practice Act

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

Privacy

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

Duty

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True/False
An employer does not need to continue to provide the same health benefits, under the same terms and conditions, as the employer would have provided if the employee had been continuously employed during the entire leave period unless the employee pays the full premium.

False
An employer must continue to provide the same health benefits, under the same terms and conditions, as the employer would have provided if the employee had been continuously employed during the entire leave period.

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Which law enforces the following issues:
Sexual Harassment
Pregnancy discrimination Act
Americans with Disabilities Act
Age Discrimination Act

Civil Rights Act
Enforced by EEOC Equal Employment Opportunity Commission

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ADA Americans with Disabilities Act applies to employers with ___ or more employees
a. All employers, no matter the number of employees
b. 10
c. 15
d. 25
e. 50

15 or more employees

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Defined as a delivery of something of a personal nature by one party to another to be held according to the purpose or the object of the delivery and to be returned or delivered over when the purpose is accomplished.

Bailment
Whenever a vet assumes custody of a client’s animal, a bailment takes place. A written boarding agreement is an example of a written bailment.

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What is the first A – in the 4 As to Rise above Moral Distress?
a. Analyze
b. Assess
c. Ask
d. Appraise

c. Ask

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In the 4 A’s of rising above Moral Distress, what does it mean to Assess

Assess - This is when you contemplate your readiness to act, considering the risks and benefits
Identify sources of your distress
Under what circumstances do the signs and symptoms occur
Do others suffer related to these resources? Consider all the personal, interpersonal, or environmental factors

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True / False
A liaison is a broad term that refers to the person who maintains communications with any other entity involved with the business of running the practice.

True

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Regarding the four priorities of general emergency management, which one strategies and actions that reduce the likelihood and impact of a threat
a. Mitigation -
b. Preparation -
c. Response -
d. Recovery -

a. Mitigation

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An individual or group with an interest in a particular business; the individual or group usually has something at risk

Stakeholders

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Title I of ERISA Employee Retirement Income Security Act, outlines reporting and disclosure obligations, minimum participation rules, vesting and funding requirements, and fiduciary standards, and is enforced by:
a. IRS
b. DOL
c. PBGC (Pension Benefit Guaranty Corp)
d. EEOC
e. FLSA

b. DOL Department of Labor

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The identification, assessment, and prioritization of financial risk followed by coordinated and economical application of resources to minimize, monitor, and control the probability of said risk

Economic Risk Management

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This insurance covers damages that the vet causes to OTHER persons, pets or property. This policy will contain multiple provisions, with separate limits, for personal injury and property damage caused to others.

Liability coverage

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Give two Examples of situations in veterinary medicine that have both legal (practice Act) and ethical considerations

Informed Consent
Emergency Care

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In regards to capacity to contract, such as a pet owner contracting with a practice to treat their pet, there are three basic situations where legitimacy regarding the capacity to make a valid contract would be questioned. Which element is NOT one of those situations?
a. A minor under the state common law rules
b. A person not listed as the legal owner of the pet
c. Intoxication or substance abuse
d. Mental disability

b. A person not listed as the legal owner of the pet

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An agreement between two professionals limiting the ability to practice medicine within the established area, for a specified time, if one would leave the practice.

Covenants not to Compete

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True / False An employer may not take fetal welfare into account when deciding whether to permit a pregnant employee to remain on the job

True HOWEVER the pregnant employee should be advised of any workplace hazards that could affect her pregnancy.

once a valid VCPR has been established during a treatment plan or illness of a pet, how long is the practice required to provide care for the patient?

A practice must continue the tx until the animal recovers, the vet has completed all the tx agreed upon, the patient dies, or the client terminates the client patient relationship.

How many diseases are currently known to be zoonotic? a. 780. b. 1,400 c. 4,200 d. Over 5,000

b. 1400

No direct Statement of agreement, but is demonstrated by actions indicating acceptance of the offer, (ex handshake)

Implied Acceptance

True/ False Employers are not required to lower quality standards in order to make an accommodation, nor are they required to provide personal use items such as eyeglasses or hearing aids.

True

Who enforces the federal laws prohibiting employment discrimination? a. The Fair Labor Standards Act. b. The Civil Rights Act c. The Equal Employment Opportunity Commission.

c. The Equal Employment Opportunity Commission.

True / False Employers must make certain to actively protect pregnant employees against any job duty that may cause harm to the baby, and reassign said employee without notice.

False Employers must treat a pregnant employee, with regard to performance of job functions, in the exact same manner that any other temporarily disabled employee would be treated.

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

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

A more complex mode of transmission and involves intermediaries that carry the agent of disease from one source to another

Indirect Transmission

The duty of keeping secret or private information pertaining to a patient’s health that was obtained during the formation of a diagnosis, treatment, or prognosis of the animal.

Confidentiality agreement (aka nondisclosure agreements)

True / False Practice Acts are regulated and enforced by the state board of Veterinary Medicine (BVM) which oversees veterinarians. With adequate evidence of wrongdoing, boards can revoke any professional veterinary license.

True

What is the first step in creating a business contingency plan? a. The formation of the recovery team. b. Back up all available data. c. A risk assessment.

c. A risk assessment.

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

Privacy

What does FUTA stand for?

Federal Unemployment Tax Act

Veterinary Practice Acts are _____ laws that are regulated and enforced by the state veterinary medical board

State laws

In the 4 A's of rising above Moral Distress, what does it mean to Act

Act - This is when you implement strategies to initiate changes and manage any resulting setbacks. It is also the step where you preserve your integrity and authenticity Prepare to Act Develop a self care plan Identify appropriate sources of support Investigate outside resources for guidance

What are the most common complaints to the Board of Veterinary Medicine? a. Lack of Communication b. Unexpected Death c. Too Expensive d. Conduct e. Record Keeping f. Unprofessional Staff g. Premises h. Location i. Pharmaceutical Issues j. Unsatisfied Experiences

a. Lack of Communication b. Unexpected Death d. Conduct e. Record Keeping g. Premises i. Pharmaceutical issues j. Unsatisfied Experience

Usually a generic term used to refer to CPAs, bookkeepers, tax-preparers, auditors, and other financial professionals

Accountant

True/False Exams, such as physical and intellectual capacity (spelling, grammar) can be requested prior to an employment offer, but make sure ALL applicants are completing the exact same exams.

True But NO medical tests can be performed

Generally defined as the risk of having the ‘license to operate’ withdrawn by a regulator, or having conditions applied (retrospectively or prospectively) that adversely impact the economic value of a practice

Regulatory Risk Management -

In the 4 A's of rising above Moral Distress, what does it mean to Affirm

Affirm - This is when you make a commitment to address the moral distress. Affirm your distress and your commitment to take care of yourself Validate your feelings and perceptions with others Affirm your professional responsibility to act

True / False If the practice with a VCPR decides to terminate tx they must make a valid effort to find another vet to take over the tx.

True

In regards to gas anesthesia, these are the three types of gas scavenger systems, which provides the best protection for employees? a. Active scavenger system b. Passive system. c. Absorption system.

a. Active scavenger system

written historical records of financial standing, earnings and cash flow for a given period

Financial Statements

True / False The owner of the practice can be held responsible for the discriminating actions or behavior of their employee towards another employee

True

True / False If a covenant restricts a professional’s ability to earn a living or restricts the public from having the benefit of the competition, the courts may not enforce the covenant

True

This type of harassment Includes unwelcome conduct that is either sexual in nature or is directed at a person because of the person’s gender, and that unreasonably interferes with the individual’s job performance or creates an intimidating, hostile, or offensive working environment, even if it leads to no tangible or economic job consequences.

Environmental sexual harassment

The following are all requirements of which law? - Minimum Wage - Overtime pay - Commission pay - Bonuses - Trainees - Handicapped workers - Part-time employees - Child labor

FLSA Fair Labor Standards Act

This refers to unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment.

Sexual Harassment

Who enforces anti-discrimination against Sexual harassment, preganancy discrimination, disabled employees, age discrimination, religion, national origin, affirmative action.

EEOC Equal Employment Opportunity Commission

Complete informed consent must contain the following elements

Consent must be given freely Tx 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 an costs The client must be given an opportunity to ask questions and have them answered. A signed consent form does not indicate that an informed consent occurred, because many people sign consent forms without reading them. Verbal discussion MUST occur. All risks, benefits and prognoses should be listed as such and initialed by both individuals (client & tech/DVM) ***If the consent is challenged in a court of law and these conditions were not met, the court may conclude the client did not consent.

HIPAA Stands for:

Health Insurance Portability and Accountability Act

What are the 4 A’s to rise above Moral Distress

1. Ask 2. Affirm 3. Assess 4. Act

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

Negligence

a place where an infectious organism survives and replicates

Reservoir

This group was created to enforce the anti-discrimination law under Title VII of the Civil Rights Act

EEOC Equal Employment Opportunity Commission

Fatigue, Emotional Distress and the lack of will to continue to act in a way that is consistent with what you believe is the right thing to do.

Ethics Exhaustion

This is a modification or adjustment to a job or to the work environment that enables a qualified person or an employee with a disability to participate in the application process or to perform the essential functions of the job.

Reasonable Accommodation

Very often the compleity of the legal system and the sluggish progression of cases will discourage people from using the judicial system. There are three alternative to a lawsuit to settle a dispute. What are the definitions to each one? 1. Negotiation 2. Mediation 3. Arbitration

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

This defense theory is often applied in cases involving animal bites to clients, vets or vet staff members. The defendant in the action will claim that the plaintiff “assumed the risk” of getting it and therefore cannot recover damages

Assumption of risk

Aid society and animals through providing excellent care and services for animals Prevent and relieve the suffering of animals Promote public health by assisting with control of zoonotic diseases and informing the public about these diseases Assume accountability for individual professional actions and judgments Protect confidential information provided by clients Safeguard the public and the profession against individuals deficient in professional competence or ethics Assist with efforts to ensure conditions of employment consistent with the excellent care for animals Remain competent in veterinary technology through commitment to life-long learning Collaborate with members of the veterinary medical profession in efforts to ensure quality health care services for all animals.

National Association of Veterinary Technicians (NAVTA) Code of Ethics

requires close contact between the reservoir of the disease and the susceptible host. Examples are contact with infected skin, mucous membranes, or droplets from the infected animal or human, soil or vegetation that is contaminated.

Direct Transmission

This branch of veterinary ethics Refer to the search for correct principles of good and bad, right and wrong, and justice and injustice.

Normative Ethics

In regards to Unjust Enrichment – the legal system will look for which of the following elements before considering applying the law to a situation: a. The more emergent the animal’s needs are the more leeway exists to provide the emergency medical care. b. The veterinarian attempted to reach the owner prior to medical care. c. The extent of the emergency care required to stabilize the patient was reasonable.

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

A set of detailed methods, procedures and routines created to carry out a specific activity, perform a duty, or solve a problem.

Systems

The ADEA Age Discrimination in Employment Act applies to employers with ____ or more employees. a. All employers no matter the number of employees b. 10 c. 15 d. 20 e. 50

True / False Any contract for the sale of real estate must have a written agreement, and cannot be oral.

True, as stated under the Statute of Frauds

This insurance Covers damage to the insured's OWN property

Property Insurance

When one person demonstrates a willingness to enter into an agreement involving certain definite terms and invites the other party in the bargaining transaction to agree to the same terms, a legally sufficient _____ has been made. a. Consideration b. Offer c. Express Acceptance d. Implied Acceptance

Offer

What is the top complaint the Board of Veterinary Medicine receives?

Lack of Communication

What are the two types of sexual harassment?

Quid Pro Quo Environmental sexual harassment

This is classified legally as a tort (a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another) that requires proof of four essential elements, and if any of the elements cannot be provided by a preponderance of the evidence then the cause of action fails.

Malpractice

Strategies and procedures put in place to protect confidential data from unauthorized access

Data Breach Risk Management

Regarding the four priorities of general emergency management, which one is the process of returning to normal after an emergency event. This could be a lengthy process. a. Mitigation - b. Preparation - c. Response - d. Recovery -

d. Recovery

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

Retention Schedule

Informed Consent

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

Which law requires employers to keep records on wages, hours and other information for at least 3 years?

FLSA Fair Labor Standards Act

This branch of veterinary ethics refers to the study of ethical views of veterinarians and vet professionals regarding their behavior and attitudes. Essentially what is right and wrong. Not what is moral or immoral in a professional’s behavior.

Descriptive Ethics

To get the most efficiency from a CPA at tax time, it is best to have obtained their services for tax planning prior to the end of the calendar year and to have all accounting records (QuickBooks or other software reports) to the CPA by when? a. First week of January b. Third or last week of January c. First two weeks of February d. Anytime during February

b. Third or last week of January

a living organism that transports infectious agents (fleas, ticks, mosquitos, etc)

Vetor

Title II of ERISA covers amendments to the Internal Revenue Code and is enforced by: a. IRS b. DOL c. PBGC (Pension Benefit Guaranty Corp) d. EEOC e. FLSA

a. IRS

ADEA Age Discrimination in Employment Act

This law prohibits discrimination in employment because of age in such matters as hiring, job retention, compensation and other terms, conditions, and privileges of employment.

FMLA Family Medical Leave Act applies to employers with ____ or more employees a. All employers no matter the number of employees b. 10 c. 15 d. 20 e. 50

A type of Negligence where the client’s recovery is determined by the percent of negligence on the part of the client. If the client is found to be 25% negligent, then they will recover 75% of the total damages. Typically, if the client is found to be over 50% negligent the client cannot recover any damages

Comparative Negligence

Reasonable Accommodation

EEOC enforces anti-discrimination against employers of at least ___ # of employees

15 employees

True / False If an employer suspects a candidate for employment may be an illegal immigrant, they may require proper documentation just from them. It is not required for all candidates.

False If employer photocopies required documents for one employee, they must do it for all employees. Keep copies with original documents.

Belief systems of the practice. The cultural values that guide team members work for the practice

Core Values

True/False Disclosures of ordinary facts not related to professional vet services can be made without authorization from an owner, such things as patient age, name, breed, species, sex and probably vaccination history and medications dispensed can be released without owner consent.

True

The action of reducing the severity, seriousness, or painfulness of something.

Mitigation

When a vet accepts custody of a clients pet, which party is the bailor and which is the Bailee?

Bailor is the client in this example, the vet is the Bailee

True / False Medical records are the property of the practice, however they are considered privileged and confidential and should not be released except by court order or consent of the patient's owner.

True

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

a. 14 – 15 year olds.

A clause or statement that tries to prevent the creation of a warranty or contract

Disclaimer

What is the Purpose of the Professional Code of Ethics?

Purpose of the Professional Code of Ethics is to help members of a profession achieve high standards of behavior through moral consciousness, decision making and practice. It challenges us to determine right from wrong.

This Act allows qualified individuals to extend their health insurance benefit on a self-pay basis for a period of 18 months to 36 months after termination of employment - length of time depends on reason for termination

COBRA Consolidated Omnibus Budget Reconciliation Act

provide the most basic level of assurance that the accountant provides after obtaining a rudimentary knowledge of the vet industry and the services provided. The accountant will determine if there are any obvious departures from generally accepted accounting procedures.

Compiled Financial Statements

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

True

True / False Employees can legitimately discuss client or patient information with The client, The client’s agent, The treating veterinarian, Other employees involved in the patients care.

True

the most common bacteria present in dog and cat bites

Pasteurella

What Act: - Applies to every practice - Requires any employee working more than 40 hours per week must be paid overtime - Was Created to establish minimum wage, over-time pay standards and to regulate the employment of minors

FLSA Fair Labor Standards Act

This law makes it Unlawful for business to: Hire for US employment any alien knowing that such person is unauthorized to work, or any person without verifying his or her work status Continue to employ an alien knowing of such person’s unauthorized work status

IRCA Immigration Reform and Control Act

Veterinary Practice Act Laws cannot be changed easily. Proposed changes must be submitted to the ____ and _____ and ultimately signed into law by _________.

House and Senate the Governor

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

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

This law states each eligible employee is entitled to a total of 12 work weeks of job protected, unpaid leave during a 12 month period.

FMLA Family Medical Leave Act

Consists of all the obligations that professionals must respect when carrying out their duties. It includes the core values of the profession and the behavior that should be adopted. AKA Code of Professional Conduct.

Code of Ethics

Which of the following will provide the courts with information to render a judgements for the practice to receive funds from an owner in an emergency situation where the client did not give consent (not available) A. The more valuable the animal is the greater the chances for financial recovery B. The more emergent the animals needs the more leeway exists to provide the emergency medical care C. Photographs of the pet should be taken and documented to prove no unnecessary tx were performed D. Attempts to reach the owner should be documented, by whom, time, date and number of occurrences. E. Once patient is stable, only supportive care should be rendered

All of the above

What is the Risk Assessment Equation?

Hazards + Vulnerabilities = Risk

True / False It is required by law for a veterinarian to provide emergency medical care to a pet, whether or not the owner is present

False It is not required by law, but it is an ethical responsibility of a veterinarian. the duty to treat is only initiated once a valid VCPR has been established.

The action of making new or secret information known

Disclosure

How long does the FLSA require you to keep employee records on wages, hours and other payroll information.

3 years

When there is an offer and counteroffer for treatments and payment between a DVM and a client, it is best to do this to show that sufficient common ground exists between both parties. a. Perform a handshake b. provide a written estimate c. Give verbal acceptance of final offer d. Notate in medical records agreed upon plan/offer

Written Etimate

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

Guardian At Litem

Under FMLA Family Medical Leave Act, what type of employees are counted towards the minimum number of employees to be subjected to FMLA? a. Full-time b. Part-time c. Temporary

All FT, PT, Temp

When rising above Moral Distress and you are trying to Assess, what are the 4 R's?

1. Relevance - What impact could your action have (improved patient care, enhanced relationships?) 2. Risk - What is the risk of not acting 3. Rewards - Imagine how you will feel after acting 4. Roadblocks - Make a written list of roadblocks to help identify strategies to avoid such as resistance to change, criticism, retaliation, and alienation

Although there may have been no agreement ironed out by the parties, justice requires the enforcement of one’s promise when another party has justifiably relied upon that promise and changed its position, incurring substantial detriment.

Promissory Estoppel

What are the three main details the FLSA was created to address? a. Establish a minimum wage. b. Prevent discrimination against age c. Define overtime pay standards. d. Enforce It's the Law e. Regulate the employment of minors.

a. Establish a minimum wage. c. Define overtime pay standards. Regulate the employment of minors

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

True

The ADEA Age Discrimination in Employment Act applies to employees age ___ and older.

40 years

This Act protects employees’ health insurance coverage when they change jobs, limits exclusions for preexisting conditions, and prohibits discrimination against employees and dependents based on their health status

HIPAA Health Insurance Portability and Accountability Act

When the defendant in a malpractice action may be able to show that the client was also negligent in the care of their animal. Proof of any degree of negligence may serve to eliminate recovery by the client.

Contributory Negligence

developed specifically for a particular discipline, including rules, codes and conduct for the profession to follow. (one of the areas of Ethics on a team)

Professional Ethics

True/False The DOL may inspect places of employment randomly or after a complaint and they may inspect payroll records and interview employees.

True

A healthcare service provider that support the work of a primary physician

Ancillary Service Provider

When it comes to medical errors and the silencing of those errors, the AVMA and PLIT developed a model to facilitate discussions of full disclosure. The model is designed around the acronym TEAM. What does TEAM stand for?

Truth - Teamwork - Transparency Empathy Apology - Accountability Management

True / False There is no duty to treat until a valid VCPR is established - not even in emergencies

True

What Act provides funds that states can use to administer unemployment benefits

FUTA Federal Unemployment Tax Act

Regarding the four priorities of general emergency management, which one involves actions taken in the face of an emergency situation a. Mitigation - b. Preparation - c. Response - d. Recovery -

c. Response

Which posters are required to be posted by the DOL a. Families First Coronavirus Response Act Paid Leave Notice b. Fair Labor Standards Act FLSA and Minimum Wage c. Equal opportunity provisions of the law d. The Family and Medical Leave Act FMLA e. OSHA Job Safety and Health Protection requirements (Right To Know) f. The Employee Polygraph Protection Act EPPA g. The Uniformed Services Employment and Reemployment Rights Act h. Right to join/form unions and associations i. And any state required posters.

All the above

True/False Disclosures of more detailed information like a patient’s history, exam findings, diagnosis, and full course of therapy should be withheld until the owner’s consent to provide information has been received.

True

the living organism that provides the environment for the maintenance of the organism but may not be necessary for the organism’s survival

Host

What does COBRA stand for?

COBRA Consolidated Omnibus Budget Reconciliation Act

How long must an employer keep I-9 forms?

3 years after hire or 1 year after termination of employment, whichever is greater.

The law of ______ is an extension of the law of negligence

Malpractice

True / False In most states, the vet records are owned by the veterinarian creating the medical record.

False In most states, the vet records are owned by the practice, not the client or veterinarian creating the medical record. Although the vet practice owns the medical record, the client’s sensitive information contained within the record is protected.

What are the 3 types of job duties an employee must satisfy to be considered exempt?

Administrative Duties Executive Duties Professional Duties

The health of the population as a whole, especially as monitored, regulated and promoted by the state

Public Health

_____ Duties refer to an employee who's primary duty must be the performance of work requiring advanced knowledge, defined as work that is predominantly intellectual in character and that includes work requiring the consistent exercise of discretion and judgment. The advanced knowledge must be in a field of science or learning. a. Administrative Duties b. Executive Duties c. Professional Duties

c. Professional Duties

There are 4 types of moral problems in Veterinary medicine and they involve ethics in relation to:

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

True/False The employer is not required to provide reasonable accommodation if the individual with the disability could perform the essential functions of the position.

False

There are over ___ zoonotic diseases and ___% are known to cross species

1400 and 60%

The continued possession, use, or control of something

Retention

Title I of ERISA Employee Retirement Income Security Act, outlines reporting and disclosure obligations, minimum participation rules, vesting and funding requirements, and fiduciary standards, and is enforced by: a. IRS b. DOL c. PBGC (Pension Benefit Guaranty Corp) d. EEOC e. FLSA

b. DOL Department of Labor

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

Administrative Ethics

Accidental injuries, illnesses, or deaths that arise out of employment, employers are required to provide compensation including salary and covering cost of reasonable and necessary hospital, surgical and medical expenses through what kind of insurance?

Workers Compensation

Which of the following are NOT acceptable contacts for employees to discuss client or patient confidences? a. The client’s agent. b. A concerned co-worker. c. Co-workers involved in that patient’s care.

b. A concerned co-worker.

True / False For exempt employees, The full salary must be paid for any week in which the employee performs any work, but need not be paid for any workweek when no work is performed. If the employee is ready, willing and able to work, deductions may not be made for the time when work is not available

True

What are the Four branches of Veterinary Ethics?

1. Descriptive 2. Official 3. Administrative 4. Normative

The jurisdiction of the EEOC with regard to the Civil Rights Act only covers those employers with ___ or more employees, and FT or PT.

15 employees both FT and PT

True / False The practice cannot dictate when employees post on their own social media sites, but the practice CAN establish professional guidelines with disciplinary consequences when violated.

True

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

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

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

False because of the set schedule.

What are the 3 categories of sex discrimination?

Gender Pregnancy Sexual Harassment

AVMA Principles of Veterinary Medical Ethics - Based more on professional relationships one has with colleagues than moral and ethical issues relating to animals. This code contains sections including:

Professional Behavior The VCPR Attending, Consulting and Referring Influence on judgment Therapies Genetic Defects Medical Records Fees and Remuneration Advertising Euthanasia

The rationale for this element was that valid contracts could not be formed if the parties did not intend to form one. Under this theory of contracts, less importance is placed upon a party’s intent and more emphasis is placed on what a reasonable person in the position of one party would conclude from the conduct of the other.

Intent to Contract

What Act provides safeguards for employee interest in any employer-sponsored retirement plan?

ERISA Employee Retirement Income Security Act

Reasonable accommodations would include a. Adjusting/modifying pre-employment exams and training programs b. Job restructuring c. Providing PT or modified work schedules d. Making work and nonwork areas accessible and usable e. Providing accommodation aids such as telephone headsets, electronic visual aids, magnifiers, and telephone amplifiers f. Providing assistance such as interpreters g. Providing reserved parking spaces

All of the above

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

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

In 1980 this Act was created with the goal to guarantee the freedom to compete.

The Sherman Antitrust Act

What are the three situations where the capacity to make a valid contract would be questioned?

Minority, Mental Disability, Intoxication/Substance Abuse

True / False ERISA Employee Retirement Income Security Act requires employers to provide benefit plans

False ERISA does NOT require employers to provide benefit plans, BUT it does impose requirements to protect the rights of participants.

a very detailed and lengthy process that uses a sampling of historical financial data to provide the highest level of assurance that the financial statements present a fiar documentation of the business financial position

Audited Financial Statements

True / False The law of Unjust Enrichment was created to avoid unjust enrichment of one party at the expense of another (owner receives emergency vet care at the vets expense).

True

True / False If the practice is a sole proprietorship, the owner does not need to fill out an I-9

True

_____ Duties refer to an employee who's Primary duty is Management of the practice and directs work of two or more employees, customarily recognized department or subdivision of the practice. Includes employees with at least a bona fide 20% equity interest in the practice who are actively engaged in management of the practice. The salary level and salary basis requirements do not apply to exempt 20% equity owner executives. a. Administrative Duties b. Executive Duties c. Professional Duties

b. Executive Duties

There are five strategies to reducing the potential of a malpractice lawsuit and they include continuing education, maintaining thorough medical records, practicing informed consent and what two others?

Staff Training Referrals

Lawsuits for vet malpractice must be filed within a certain period of time following the alleged act of negligence. If the defendant can show that the action was not filed within the allowed time period, the court will grant a motion for summary judgment and the action will be dismissed.

Statute of Limitations

Among other things, what Act also outlines reporting and disclosure obligations, minimum participation rules vesting and funding requirements and fiduciary standards for employees who participate in qualified benefit programs (enforced by Department of Labor)? a. Civil Rights Act Title VII b. ERISA c. EEOC

b. ERISA – Employment Retirement Income Security Act.

True / False Under common law, an acceptance must conform precisely to the terms of the offer. If it varies from those terms, it fails as an acceptance and instead becomes a counteroffer.

True

A clear statement of agreement to the terms offered that establishes an Express Contract

Express Acceptance

Who is responsible for the interpretation and application of the competitive objectives of the anti-trust laws? a. The Courts b. The Department of Justice c. The Federal Trade Commission

all: The courts, Department of Justice, Federal Trade Commission

All federal and state anti-trust legislation preserve the underlying principle that our nation shall function under what type of business economy? The basic unifying principle of these statutes is to ensure economic freedom for competitors and consumers

Competitive business economy

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

Duty

_____ Duties refer to an employee who's Primary duty is the performance of office or non manual work directly related to the management or general business operations of the employer or the employer’s clients Primary duty includes the exercise of discretion and independent judgment with respect to matters of significance Examples of management or general business operations: tax, finance, accounting, budgeting, auditing, insurance a. Administrative Duties b. Executive Duties c. Professional Duties

Administrative Duties

This law prohibits employment discrimination against persons with disabilities. The Act imposes on employers an affirmative duty to make reasonable accommodations for applicants and employees with disabilities.

ADA Americans with Disabilities Act

The duty of keeping secret or private information pertaining to a patient’s health that was obtained during the formation of a diagnosis, treatment, or prognosis of the animal.

Confidentiality agreement (aka nondisclosure agreements)

Moral Distress occurs when...

You know the ethically appropriate action to take, but you are unable to act on it You act in a manner contrary to your personal and professional values, which undermines your integrity and authenticity

Principles accepted by society at large and codified into laws and regulations. Ex murder, rape, stealing, ordinances regarding pet ownership. (one of the areas of Ethics on a team)

Social Ethics

True / False ERISA Employee Retirement Income Security Act requires employers to provide benefit plans

False ERISA does NOT require employers to provide benefit plans, BUT it does impose requirements to protect the rights of participants.

When a pet owner gives authority to another person to request goods or services for the owner.

Agency and Consents for Routine Care

What statute requires the production of a written memorandum before the courts will enforce certain types of contracts (as opposed to an oral contract) a. Statute of Tort Law b. Statute of Limitations c. Statute of Frauds

c. Statute of Frauds

What Four elements must be proven for a malpractice a. Duty - Existence of a valid VCPR b. Breach of Duty - Failure to practice the standard level of care c. Proof - Witness(es) to presumed malpractice d. Proximate cause - the connection between the negligent act of the practitioner and the harm to the patient or client e. Justification - Perception from client of wrong doing by vet f. Damages - Harm that occurred to the patient as a result of substandard care

a. Existence of a valid VCPR b. Failure to practice the standard level of care d. Proximate cause f. Damages - Harm that occurred to the patient as a result of substandard care

True / False The veterinarian or practice can be held liable for transmission of a zoonotic disease

True

When it comes to the Law of Agency; what two scenarios are considered likely to be common in veterinary medicine? a. Agency and Consents for Care b. Agency and Consents for Euthanasia c. Agency and Consents for Records d. Agency and Consents for Treatment

a. Agency and Consents for Care b. Agency and Consents for Euthanasia

True / False If minors enter into contracts, either party of the contract may disaffirm or void the contracts.

False If minors enter into contracts, only they - not the adults with whom they contracted - may disaffirm or void the contracts, even if the minor misrepresented their age at the time of the contract.

Once a VCPR is established, treatment must continue until: a. The animal recovers b. The bill has been paid c. The practitioner has completed all the tx that was agreed upon d. The client refuses recommendations by the vet e. The animal dies f. The client terminates the VCPR g. The responsibility for tx is transferred to another practitioner with the consent of the client h. The vet refuses to consult with the client any longer

a. The animal recovers c. The practitioner has completed all the tx that was agreed upon e. The animal dies f. The client terminates the VCPR g. The responsibility for tx is transferred to another practitioner with the consent of the client

True / False There must be a written contract to lease any land or building for any specified amount of time.

False, only leases longer than 1 year must be a written contract according to the Statue of Frauds

True / False In veterinary medicine there is a privilege to withhold information in either civil or criminal cases.

False In veterinary medicine there is no privilege to withhold information in either civil or criminal cases. The legal system does recognize, however, confidential relationships between vets and clients. Practitioners who breach the integrity of this relationship can be liable for damages.

What 2 elements are essential for the creation of a bailment?

There must be physical delivery of the property from the Bailor to the Bailee There must be a knowing acceptance of possession of the property by the Bailee

a mode of transmission of infection from reservoir to host (food, water)

Vehicle

In regards to a medical malpractice lawsuit; if a client fails to confine a dog after surgery, or there is proof of any degree of medical negligence by the client, it may eliminate financial recovery for the client in a lawsuit. What term supports this theory? a. Duty Negligence b. Contributory Negligence c. Negligent Forbearance

b. Contributory Negligence

What laws involve a person who has been authorized to act on behalf of another? a. Law of Authority b. Law of Agency c. Law of Power of Attorney

b. Law of Agency

Which of the statements about the Sherman Antitrust Act is NOT true? a. The Act restrains interstate commerce with routine inspections of both cargo and the documentation of the shipment's source b. The Act preserves the underlying principle that our nation shall function under a competitive business economy c. The Department of Justice has a wide degree of interpretation and application of the law d. Labor unions are legislatively exempted for the Act

a. The Act restrains interstate commerce with routine inspections of both cargo and the documentation of the shipment's source

defines what is right or wrong on an individual basis. Ex beliefs and values as they relate to relationships and marriages. (one of the areas of Ethics on a team)

Personal Ethics

The ADA American with Disabilities Act includes which areas of employment? a. job application procedures b. hiring c. advancement d. discipline e. discharge f. compensation g. job training h. leave i. benefits

All of the above

Which of the following is not a required labor law poster? a. Consolidated Omnibus Budget Reconciliation Act (COBRA) b. Fair Labor Standards Act and Minimum Wage c. Equal opportunity provisions of the law d. The Family and Medical Leave Act e. OSHA Job Safety and Health Protection requirements f. The Employee Polygraph Protection Act g. The Uniformed Services Employment and Reemployment Rights Act h. Right to join/form unions and associations

a. Consolidated Omnibus Budget Reconciliation Act (COBRA)

Who is exempt to overtime pay? a. Minors b. Exempt Employees c. Managers d. Veterinarians e. Any salaried employee

b. Exempt Employee

The identification, assessment, and prioritization of risks followed by coordinated and economical application of resources to minimize, monitor, and control the probability of said risk

Risk Management -

True / False In reference to disease transmission; fleas, ticks and mosquitos are considered vectors

True

True / False A client's consent to release patient information is consent to release medical, financial and personal identification information on the client.

False A client's consent to release patient information is not consent to release financial or personal identification information on the client.

A clear statement of agreement to the terms offered is called a what? a. Express Acceptance b. Implied Acceptance

a. Express Acceptance

Employees should be instructed that they are not to discuss client confidences or patient information with any person other than: a. The client b. The client’s agent c. The treating veterinarian d. Other employees involved in the patient’s care e. Veterinarian social networks such as VIN, Vet Moms, etc f. Family members of the client

a. The client b. The client’s agent c. The treating veterinarian d. Other employees involved in the patient’s care

True/ False If harassment happens in the workplace without the employers knowledge, the employer cannot be held responsible for such actions.

False the Employer can be held responsible for the actions of employees, clients and vendors

Title II of ERISA covers amendments to the Internal Revenue Code and is enforced by: a. IRS b. DOL c. PBGC (Pension Benefit Guaranty Corp) d. EEOC e. FLSA

a. IRS

Who has created a model Practice Act that most states follow, consists of 25 sections

AVMA

Having a process by which your organization identifies and understands the risks to which you are exposed when it comes to human resources activities. It also means having deliberately evaluated the risks and have strategy in place to remove the risk altogether, reduce the likelihood of the risk happening or minimize the harm in the event that something happens.

Human Resource Risk Management

Can a bailment be oral as opposed to written?

Yes

When two parties have made and signed a written contract, and included a clause within the agreement stating that the writing represents the entirety of the contract, oral testimony aimed at altering or contradicting the terms of the writing will not be permitted.

Parol Evidence

True / False A claimant is Disqualified if an employee voluntarily quit job without good cause, was discharged for misconduct, or refused an offer of suitable work.

True

Who enforces FLSA Fair Labor Standards Act?

DOL Department of Labor

What is the primary duty of the Bailee?

To return the animal in a least as good condition as it was when it was received

What is the sneaky 4th element of a contract? a. Contract final agreement. b. Intent to contract c. Agreement to complete

b. Intent to contract

If we accept a position in a practice that provides a service that we personally feel is immoral or unethical, we are allowing our ethics to be compromised. This can cause a. Moral Distress b. Ethics Exhaustion c. Burn Out

Ethics Exhaustion

This Act Prohibits most private sector employers from directly or indirectly requiring an employee or prospective employee to take any lie detector test

EPPA Employee Polygraph Protection Act

To permit, approve, or agree.

Consent

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

Professional Courtesy

All of the above

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

Offer

This law Involves a person (agent) who has been authorized to act on behalf of another

Law of Agency

A vet that uses healing practices and products that work in conjunction with traditional medicine

Complementary Practitioner

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

Informed Consent

What should be included when Creating Standard Operating Procedures for Ethics/Law and how to avoid complaints to the board of Vet Med

Develop a hospital policy regarding the shredding of confidential documents Develop liability release forms for volunteers, interns and students Follow AVMA for current updates regarding the Fairness To Pet Owners Act and compounding regulations Develop medical records standards, including SOAP format, abbreviations, data entry, and required password protection Develop standard protocols to handle client communication, conflict, and complaints Ensure practice protocols meet state requirements daily, not just when inspected

When a practice has given information to a client regarding the proposed tx, allowing the client to make an informed decision.

Informed Consent

A document that describes in detail the process and systems that a company uses to produce its goods and provide its services

Operations Manual

Does the VHMA have a Code of Ethics?

Yes

What are the Three ethical areas that affect each team and its members?

1. Social 2. Personal 3. Professional

In the 4 A's of rising above Moral Distress, what does it mean to Ask

Ask - Reflect on your present feelings and ask yourself questions to determine whether Moral Distress is present

The difference in laws and ethics lies in enforcement; the ______ enforces laws. The _______ that develop the ethics enforce the ethics.

Government Professional Associations

A philosophy and systematic intellectual approach to behavior. Moral principles that govern the behavior of the veterinary practice and its employees

Ethics

A disease that may be directly or indirectly transmitted to humans from wild or domestic animals

Zoonosis

The relationship that exists when a veterinarian has assumed the responsibility for making 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 her instructions.

Veterinary-Client-Patient Relationship VCPR

Consists of inquiries of practice employees and analytical procedures applied to the financial data. It is a significantly less detailed service than the audit and is focused on confirming that the practices financial statements are in conformity with generally accepted accounting principles, or the CPA will identify the modifications that must be made to successfully conform.

Reviewed Financial Statements

The illegal use of someone else’s personal information especially in order to obtain money or credit

Identity Theft

Regarding the four priorities of general emergency management, which one involves planning and training action steps that develop the capacity to respond to threats. a. Mitigation - b. Preparation - c. Response - d. Recovery -

b. Preparation

What are the three elements to a contract

Offer, Acceptance, Consideration

The process of identification, analysis and either acceptance or mitigation of uncertainty in client decision-making.

Client Risk Management

True / False Employees or vets who have left the employment of the practice (voluntarily or involuntarily) generally cannot take or copy in whole or in part, any client/patient information such as client lists, patient files, etc. There are circumstances in which doing so may lead to a civil lawsuit and or disciplinary action. However, Departing or retiring shareholders, owners, or partners MAY be permitted to take client lists and information with them depending on what the agreement was with the company.

True

The risks of liability center on causes of action. Define those two causes of action.

1. The tort of outrageous conduct 2. The right not to have one's sensibilities shocked

The law of Negligence requires proof of four essential elements: 1. establishing the DVM had a duty to prevent injury, 2. establishing that the duty was violated, 3. there is reasonable causation between the DVMs conduct and the resulting injury. What is the fourth element? a. Proof that the conduct was willful and purposeful b. Proof that the injury could have been prevented by reasonable actions c. Proof that actual damages occurred d. Proof that culpability lies specifically and only with the accused DVM

c. Proof that actual damages occurred

Regarding the FMLA; define an eligible part-time employee. a. Employee that works less than 35 hours a week b. Employee who works twenty or more calendar weeks in the current or previous year. c. Employee who plans or is contracted to work a minimum of 6 months in the current year

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

This law seeks to preserve jobs for American citizens and immigrants who are authorized to work in the US

IRCA Immigration Reform and Control Act

Who pays into FUTA Federal Unemployment Tax Act? a. Employer b. Employee c. Both

a. Employers only pay taxes

True / False A practitioner has a legal duty to render tx to any animal during an emergency.

False

People do or promise to do something they were not legally obligated to do, or refrain or promise to refrain from something that they had a legal right to do. a. Implied Acceptance b. Express Acceptance c. Offer d. Consideration e. Acceptance

Consideration

This Act Provides for fairness and consistency between medical and surgical benefits and mental health benefits Employers are required to offer the same benefits for mental insurance as they do for health insurance

Mental Health Parity Act

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

Breach of Confidentiality

The law of negligence requires proof of four essential elements, what are they? 1. Establishing that the defendant had a duty to prevent an injury from occurring to the plaintiff or the plaintiffs property 2. Establishing that the defendant violated that duty by failing to act in accordance with the standard of care expected of other DVMs under the same or similar circumstances 3. Showing that a reasonably close causal connection existed between the defendant's DVMs conduct or lack of conduct and the resulting injury (doctrine of proximate cause) 4. Proving that the actual damage or harm occurred to the interests of another person

all

What are two basic types of insurance coverage for a practice?

1. Liability coverage 2. Property Insurance

To be in violation of the Sherman Antitrust Act there must be proof of a contract, combination, or conspiracy that restrains interstate trade of commerce. If two local vet practices conspired to set fees, would they be free from the Sherman Antitrust Act requirements because they did not restrain "interstate" trade due to being in the same state and the same town?

No. Those practice could still be found guilty of restraining interstate trade or commerce even if the activity is purely local but the activity affects interstate commerce.

Title IV of ERISA Establishes a pension plan benefit insurance program for underfunded or terminated plans and is administered by a. IRS b. DOL c. PBGC (Pension Benefit Guaranty Corp) d. EEOC e. FLSA

c. PBGC Pension Benefit Guaranty Corp

True/False According to The AVMA Code of Ethics, many state boards and regulatory agencies it is not a requirement of veterinarians to educate the public regarding zoonotic diseases

False It IS a requirement

This law Requires the production of a written memorandum before the courts will enforce certain types of contracts (as opposed to an oral contract)

Statute of Frauds

What entity requires veterinarians to protect the personal privacy of clients and patients and not reveal confidences unless required by law or unless it becomes necessary to protect the health or welfare of other individuals or animals? a. Code of Ethics b. AAHA c. PVME d. PLIT

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

What is the 2nd "A" when trying to rise above Moral Distress a. Assess b. Affirm c. Acknowledge d. Awareness

Affirm

A person who establishes and maintains communication between mutually beneficial entities

Liaison

This type of harassment Occurs when submission to or rejection of unwelcome sexual conduct is used as the basis of employment decisions affecting the individual

Quid Pro Quo sexual harassment

This branch of veterinary ethics involve the creation of the official ethical standards adopted by professional organizations and imposed on its members. AVMA, VHMA Code of Ethics

Official Ethics

I pledge myself to: Comply with the principles and declarations of the VHMA 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 co-operative association with fellow members of the VHMA, and with all others who may become a part of my business and professional life. Play 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 of the practice without consent of the owner.

VHMA Code of Ethics:

What does ERISA stand for?

ERISA Employee Retirement Income Security Act

COBRA Consolidated Omnibus Budget Reconciliation Act

The AVMA Principles of Veterinary Medical Ethics is an example of what branch of ethics? a. Descriptive. b. Official. c. Administrative. d. Normative.

b. Offical

This has occurred when the party to whom the offer was made makes the return requested in the offer, typically money

Acceptance

What does ERISA stand for?

ERISA Employee Retirement Income Security Act

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

b. Quid Pro Quo

This law states discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under the Civil Rights Act. The basic principle of the act is that women affected by pregnancy and related conditions must be treated the same as other applicants and employees, on the basis of their ability or inability to work.

The Pregnancy Discrimination Act of 1978

What is the minimum salary for an employee to be considered for exemption to OT?

$455 per week

This law prohibits discrimination in employment because of age in such matters as hiring, job retention, compensation and other terms, conditions, and privileges of employment.

ADEA Age Discrimination in Employment Act

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

Antitrust Laws

Law & Ethics Flashcards

(272 cards)