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CVPM- SJ > Regulation & Compliance > Flashcards

Regulation & Compliance Flashcards

1
Q

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

A

Under the oversight of a DVM
Under the direction of a DVM
They are an agent of the practice
In the normal course of business

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2
Q

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

A

Fill out form 222; keep copy 1; copy 2 to DEA; copy 3 to receiving DVM

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3
Q

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

A

Distributor- copy 1
DEA- copy 2
Receiving DVM- copy 3

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4
Q

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

A

Fill out DEA form 106
Report to the police

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5
Q

Define Adulterated Drugs

A

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

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6
Q

List the five label requirements for prescription drugs.

A

Identifying lot number
Prescriber info
Drug strength
Dosing & quantity
For veterinary use only
Inactive ingredients if not oral med

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7
Q

What five elements must be in a Hazardous Chemical Plan?

A

Container labeling
SDS sheets
Training/communication plan
Written safety plan
Complete list of chemicals

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8
Q

True or False: Veterinarians who work at more than one location may administer, dispense, and prescribe controlled drugs provided they have a current DEA registration at a central place of business.

A

False -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.

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9
Q

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

A

All records and reports involving controlled drugs.

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10
Q

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

A

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

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11
Q

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

If attempted to contact owner
If treatment was reasonable
If situation is emergent, the more emergent the more lenient

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12
Q

What are the 4 As to Rise above Moral Distress?

A

Ask
Assess
Affirm
Act

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13
Q

What is the sneaky 4th element of a contract?

A

Intent to contract

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14
Q

As it relates to tax planning, what is Safe Harbor?

A

A method of calculating this years projected taxes based off of last years taxes

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15
Q

How many diseases are currently known to be zoonotic?

A

1400

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16
Q

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

A

Minimum Wage
Overtime
Employment of Minors

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17
Q

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

A

Yes

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18
Q

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

A

No, any employer with 15 or more employees must follow ADA law

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19
Q

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

A

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

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20
Q

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

A

ANYONE who works 20 or more weeks (1250 hours in immediately preceeding year) in the current or previous year at a business with 50 or more employees.

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21
Q

What is the purpose of the EEOC

A

Equal Employment Opportunity Act enforces Federal laws prohibiting employment discrimination. These laws protect employees and job applicants against employment discrimination.
Employers with at least 15 or more employees who worked for the employer for at least twenty calendar weeks (in this year or last).

22
Q

What does the EEOC offer protection against?

A

Unfair treatment because of race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability or genetic information.
Harassment by managers, co-workers, or others in the workplace, because of race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.
Denial of a reasonable workplace accommodation that the employee needs because of religious beliefs or disability.
Retaliation because the employee complained

23
Q

Immigration Reform and Control Act

A

Applies to most employers although the specific employee count is unclear
The law seeks to preserve jobs for American citizens and immigrants who are
authorized to work in the United States

24
Q

What does the Immigration Reform and Control Act Do

A

-Amended the Immigration and Nationality Act to make it unlawful for a business to:
(1) hire for U.S. employment any alien knowing that such person is unauthorized to work, or any person without verifying his or her work status; or (2) continue to
employ an alien knowing of such person’s unauthorized work status.
-Established an employment verification system (I9) . Requires: (1) the employer to
attest, on a form developed by the Attorney General, that the employee’s work status
has been verified by examination of specific documents. (2) the worker to similarly
attest that he or she is a U.S. citizen or national, or authorized alien; and (3) the
employer to keep such records for three years in the case of referral or recruitment,
or the later of three years or one year after employment termination in the case of
hiring

25
Q

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

A

Employers

26
Q

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

A

ERISA – Employment Retirement Income Security Act.

27
Q

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

A
  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.
28
Q

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

A

Client
Agent of Client
Treating Veterinarian
Employees involved in the patient’s care

29
Q

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

A

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

30
Q

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

A

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

31
Q

Name the required labor law posters to display.

A

FLSA and Minimum Wage
Equal opportunity provisions of the law
FMLA
OSHA Job Safety and Health Protection requirements
The Employee Polygraph Protection Act
The Uniformed Services Employment and Reemployment Rights Act
Right to join/form unions and associations

32
Q

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

A

No

33
Q

When it comes to the employment of minors, which age group can only work 3 hours per day during school days and 8 hours a day on non-school days? They also cannot begin work prior to 7 am

A

14-15 year olds

33
Q

What is Quid Pro Quo

A

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)

34
Q

In most states The Principles of Veterinary Medical Ethics of the AVMA can actually be enforced by law- True or False and Why?

A

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.

35
Q

Employers with how many employees are covered by the FLSA?

A

no minimum, covers everyone

36
Q

What was the FLSA and what rules does it establish?

A

Minimum wage- state or fed whichever is higher
Overtime pay standards (non exempt employees who work over 40 hrs in a work week receive 1.5 times pay);
Regulates the employment of minors
Establishes that a workweek is 7 consecutive, regular recurring, 24-hour periods totaling 168 hours.

37
Q

Define an exempt employee- what rules apply?

A

Salary Level must be over $425/wk
Paid on predetermined set rate paid each week/biweekly/monthly (salaried)
Job duties must fall under: Executive, Administrative, Professional (non-manual, specialized skill, management)

38
Q

What are the rules of employment for minors

A

Must be at least 16 years of age to work in non-farm related jobs.
Youths 14 or 15 may be permitted to work outside school hours with a work permit.
They can work 3 hours per day during school days/8 hours a day non-school.
Work cannot begin before 7am or end after 7pm or 9pm during summer break.

39
Q

Who enforces the FLSA?

A

Wage and Hour Division of the US Department of Labor

40
Q

Requirements overseen by DOL Include:

A

Minimum wage
Overtime pay
Commission pay
Bonuses
Trainees
Handicapped workers
Part-time employees
Child labor

41
Q

What areas of discrimination are included in the Civil Rights Act of 1964

A

(Sex, gender, race, ethnicity, religion, pregnancy, age, disability)
Sexual Harrassment
Age discrimination Act
Pregnancy Discrimination Act
Americans with Disabilities Act

42
Q

Who enforces the Civil Rights Act of 1964?

A

EEOC

43
Q

What are 2 types of sexual harrassment and definitions?

A

Quid Pro Quo - employment decision based on act or refusal of sexual act
Hostile Environment - sexual or gender based unwanted acts that interfere with ability to perform job or creates a hostile environment even IF no tangible consequences

44
Q

Pregnancy Discrimination Act

A

15 or more employees
pregnancy, childbirth or related medical conditions; must allow work as long as able to perform the duties of the job;

45
Q

ADA

A

15+ employees
Ind who work 20 or more weeks a year
must make accommodations unless it places undue hardship on the business
job descriptions!

46
Q

Age Discrimination

A

20+ employees
cannot discriminate against people over 40
Special rules for pension/benefit plans;

47
Q

What does FMLA provide to eligible employees? What are exceptions?

A

12 weeks of job-protected, unpaid leave to deal with medical needs within a 12 month period; can be taken to for self, spouse, children, parents
Exception to job-protection is highly compensated “key employees”
Job protection means equivalent job with equivalent pay, benefits, working conditions.

48
Q

What is ERISA

A

Employee Retirement Income Security Act protect employees in certain benefit situations such as stocks, retirement savings, group medical, prepaid legal services.
Does not require employers provide these benefits but does regulate how they are provided.

49
Q

Name the Titles of ERISA

A

Title 1: reporting & disclosure obligations, minimum participation rules, vesting and funding requirements and fiduciary standards.
Title II: Amendments to the IRC enforced by IRS
Title IV: insurance for pension plan underfunding or termination thru Pension Benefit Guarantee Corporation

50
Q

COBRA

A

20+ employees; employees who leave under certain circumstances.
Qualified individuals are allowed to extend their coverage on a self-pay basis for a
period of eighteen months to thirty-six months after termination of employment
COBRA has numerous notice requirements on employers, plan administrators and
covered employees.

51
Q

What does CRAFT stand for in compliance process?

A

Compliance = Recommendation + Acceptance + Follow Through

CVPM- SJ (7 decks)

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