Law And Ethics Flashcards
When a veterinarian accepts custody of a client’s pet; which party is the Bailor and which is the Bailee?
Bailor is the client in this example and the veterinarian is the Bailee.
What 2 elements are essential for the creation of a bailment?
1 – There must be physical delivery of the property from the Bailor to the Bailee.2 – There must be a knowing acceptance of possession of the property by the Bailee.
What is the primary duty of the Bailee in our veterinary example?
To return the animal in at least as good condition as it was when it was received.
Can a bailment be oral as opposed to written?
Yes.
Who is responsible for the interpretation and application of the competitive objectives of the anti-trust laws?
The courts, the Department of Justice, and the Federal Trade Commission. Page 177 Law and Ethics.
There are two rules the courts will use when making a ruling regarding Antitrust Laws, what are they?
The Per Se Rule and the Rule of Reason.
To be in violation of the Sherman Antitrust Act there must be proof of a contract, combination, or conspiracy that restrains interstate trade or commerce. If two local veterinary 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? Why or why not?
No. Those practices could still be found guilty of restraining interstate trade or commerce even if the activity is purely local but the activity affects interstate commerce.
Negligence is defined as the doing of some act that a 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.Of all the types of legal actions in tort law (civil law), veterinarians are most likely to incur some degree of professional liability from the law of negligence. The law of malpractice is an extension of the law of negligence; therefore to understand the malpractice laws, a thorough knowledge of negligent law is necessary.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 plaintiff’s 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 casual connection existed between the defendant 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.
A controlled drug with a high potential for abuse and severe dependence, but does have currently accepted medical uses in the United States, would be in what Schedule of narcotics?
Schedule II
A non-veterinary staff member may prescribe any non-controlled drugs if directed to do so by a licensed, veterinarian who employs them, and if that veterinarian directly supervises the staff member. True or False?
False. Non veterinary staff members may not prescribe any drug.
Under what four conditions will many states allow a non-veterinary staff member to administer controlled drugs?
- 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.
What is the process for lending a fellow veterinarian a Schedule II drug?
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.
Regarding the DEA form 222; what is the correct destination for each of the 3 copies of the form?
- 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.
List two steps to take when a controlled drug has been lost or stolen.
- 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.
Define Adulterated Drugs.
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.
List the five label requirements for prescription drugs.
- The statement “Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarianâ€.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.
In regards to an OSHA inspection; employers have the right to deny access to specific areas of the building to avoid disturbing the business process. True or False?
False. Employers have the right to require a warrant, or to request a postponement, but not deny access once the inspection/investigation has begun.
A veterinary acupuncturist leases space from a general practice. Does the general practice need to share the hazard assessments from their department, even if the acupuncturist works in a separate part of the building?
Yes. All separate businesses within a shared space must create a hazard assessment for the entire area.
What five elements must be in a Hazardous Chemical Plan?
- 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.
When lending a controlled drug to another practitioner, what step is unnecessary for schedule III, IV and V drugs, that is necessary for schedule II drugs?a. Using the DEA 222 form. Copy 3 of the form stays with the veterinarian who received the drug. Copy 1 stays with the registered practitioner supplying the drug. Copy 2 is sent to the DEA.b. It is illegal to lend a schedule II drug.c. Using the DEA 222 form, although both the receiving DVM and supplying DVM should log copies, no copy needs to be sent to the DEA.
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.
Regarding veterinarians who work at more than one location; they may administer, dispense, and prescribe controlled drugs providing they have a current DEA registration at central place of business.True or False
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.
Under what circumstances can a DVM dispense an adulterated drug?a. When all ingredients are FDA/CVM approved.b. Under no circumstances.c. As long as there are no more than two drugs combined and both are FDA/CVM approved.
b. Under no circumstances.
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.b. All records, reports, and financial information regarding controlled drugs.c. They cannot copy any documents without consent.
a. All records and reports involving controlled drugs.
Refers to the study of ethical views of veterinarians and veterinary professionals regarding their behavior and attitudes. Essentially what is right and wrong.
Descriptive Ethics
Involves the creation of the official ethical standards adopted by professional organizations and imposed on its members.
Official Ethics
Involves 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
Refers to the search for correct principles of good and bad, right and wrong, and justice and injustice.
Normative Ethics
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.
Veterinary Practice Act
What is involved in making changes to the Veterinary Practice Act?
Proposed changes must be submitted to the House and Senate and ultimate signed into law by the Governor.
What six elements do the courts want satisfied to consider the existence informed consent in a situation?
- 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.
The law of ________ ________ was created to avoid benefit of one party at the expense of another (owner receives emergency veterinary care at the veterinarians expense).
Unjust Enrichment
A clear statement of agreement to the terms offered
Express Acceptance
No direct statement of agreement, but is demonstrated by actions indicating acceptance of the offer
Implied Acceptance
Although there may have been no formal agreement, justice requires the enforcement of one’s promise when another party has justifiably relied on that promise, changed its position, and incurred substantial detriment. This situation is called _____________ ___________.
Promissory Estoppel
When it comes to the Law of Agency; what two scenarios are considered likely to be common in veterinary medicine?
- Agency and Consents for Care
2. Agency and Consents for Euthanasia
Ethics Exhaustion is a state where an individual’s compassion has died out, even if just temporarily. True or False?
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.
What statute requires the production of a written memorandum before the courts will enforce certain types of contracts (as opposed to an oral contract)?
The Statute of Frauds.
The AVMA Principles of Veterinary Medical Ethics is an example of what branch of ethics?
a. Descriptive.
b. Official.
c. Administrative.
d. Normative.
b. Official.
What is the process for making changes to Veterinary Practice Act laws?
a. Only a unanimous vote of the state’s veterinary medical associations board members.
b. Proposed changes must be submitted to the House and Senate and ultimate signed into law by the Governor.
c. Through a lengthy process that includes introduction of the proposed changes, membership time for rebuttal, and eventually voting opportunities for all members.
b. Proposed changes must be submitted to the House and Senate and ultimate signed into law by the Governor.
(Multiple Choice) In regards to Unjust Enrichment, the legal system will look for which of the following elements before considering applying the law to a situation:
a. The more emergent the animal’s needs are the more leeway exists to provide the emergency medical care.
b. The veterinarian attempted to reach the owner prior to medical care.
c. The extent of the emergency care required to stabilize the patient was reasonable.
All of the Above
What is the first A in the 4 As to Rise above Moral Distress?
a. Analyze
b. Assess
c. Ask
d. Appraise
c. Ask
A clear statement of agreement to the terms offered is called a what?
a. Express Acceptance
b. Implied Acceptance
a. Express Acceptance
In a Covenant not to Compete the scope of activity is generally restricted and includes a time limitation and geographic restraint.
a. True
b. False
TRUE
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
4) 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
Resistant to being opened or tampered with by a child.
Child-Proof Containers
Any Product regulated by the controlled Substances Act and/or the controlled substance Import and Export Act.
Controlled Substance
A secured cabinet intended to limit access to drugs and controlled substances.
Drug Cabinet
An employment setting where all employees adhere to a program of policies and activities designed to provide a safe workplace, discourage alcohol and drug abuse and encourage treatment, recovery, and the return to work of those employees with such abuse problems.
Drug Free Workplace
Drugs, Substances, and certain chemicals used to make drugs are classified into five distinct categories depending upon the drugs acceptable medical use.
Drug Schedules
Form used to log work related injuries and illnesses
Form 300A
Protects workers health insurance coverage when they change jobs, limits exclusions for pre-existing conditions, and prohibits discrimination in enrollment or premiums charged based on employment or dependents health status.
Health Insurance Portability and Accountablility Act of 1996 (HIPAA)
An agreement created by actions of the parties involved, but is not written or spoken.
Implied Contract
A website that offers access to prescription drugs from the comfort of one’s own home.
Internet Pharmacy
Defines as employees rights and an employers responsibilities.
It’s the Law Posters
An Agency of the US department for labor, created by congress. This Agency issues and enforces standards for safe and healthy work conditions
Occupational Safety and Health Administration (OSHA)
Products that are available by ordinary retail purchase, without an prescription.
Over the counter (OTC) Products
Items that can or must be worn to protect the individual from direct or indirect contact with hazardous substances.
Personal Protective Equipment
The Label generated and applied to a drug package or prescription container of drugs that includes pertinent information including how to properly give the medication to the patient.
Prescription Label.
Government agencies that perform oversight
Regulatory Agencies
Refers to employees right to know the information within OSHA’s hazard communication standard.
Right to Know
16 section document for each drug or chemical providing all important info regarding use of the substance, including hazards, safe handling, chemical properties, and disposal concerns.
Safety Data Sheets (SDS)
OSHA required label for chemicals & compounds outside their original containers.
Secondary Label
Removing and destroying or storing damaged, used or other unwanted products and substances.
Waste Disposal
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
Belief systems of the practice. The cultural values that guide team members work for the practices.
Core Values
Moral Principles that govern the behavior of the veterinary practice and its employees
Ethics
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.
Practice Act.
A form of mutual respect among people in the same line or work.
Professional courtesy
The relationship that exists when a veterinarian has assumed the responsibility for making medical judgement 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.
Veterinarian-Client-Patient-Relationship (VCPR)
To give power or authority to authorize, especially by legal or official means.
Empowerment
Represent creations of the mind or intellect that can be owned such as, copyright, patent, and trademark creations. The less clear area of trade secrets is sometimes included in this category.
Intellectual Property Rights.
Promise by an employee not to compete with his or her employer for a specified time, and within a specified geographic area.
Non-Compete Clause.
Form of employment in which the employee is serving the employer at the will of both parties. This allows the employer to terminate its employees with or without cause.
At-Will employment
Failure to act in a required or promised way regarding trusted or private information.
Breach of Confidentiality
