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
The process through which a Labor Union and employees negotiate with the employer the terms of the employment relationship such as wages and benefits.
Collective Bargaining
To permit, approve, or agree
Consent
Restricting the dissemination of information.
Confidentiality
The action of making new or secret information known
Disclosure
Ethical, Legal or moral responsibility of conduct, function or performance, that usually arises from an implied contract.
Duty
A science that deals with designing and arranging things so that people can use them easily and safely
Ergonomics
Employers often rely on information in consumer credit reports to make hiring or retention decisions. This Act places disclosure obligations on users of those reports.
Fair Credit Reporting Act of 1971.
The illegal use of someone else’s personal information (i.e. a Social Security number), especially in order to obtain money or credit.
Identity theft.
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
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.
The state of condition of being free from observation, or disturbed by other people.
Privacy
As defined by the US Department of Justice, “any modification or adjustment to a job or the work environment that will enable a qualified applicant or employee with a disability to participate in the application process or to perform their job.”
Reasonable accommodation
The continued possession, use, or control of something.
Retention.
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.
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
Legally empowered to represent or act on behalf of another person within a given jurisdiction.
Attorney (or attorney-at-law)
An organization or person formally identified by a taxpayer as his legally authorized representative.
Attorney-in-fact
Terms of employment whereby employees may quit and employers may terminate as a matter of their own preference unless a specific provision in an employment agreement states an agreed-upon duration of employment.
At-will employment
A violation of any of the terms of a contract, intentional or not.
Breach of contract
The legally prescribed and recognized organizational structure of a business, often called “entity structure” or referred to as “business entity type.” Specific federal and state laws regarding the type of business all have bearing in determining the available choice of organizational structures.
Business organization
A legal document describing and defining the events causing a shareholder or partner to sell her interest in a business (a corporation or partnership), and the conditions and terms for resolving those interests with the business entity and other individuals having ownership in it.
Buy-sell agreement
An organization or business formed and authorized by law to act as a single legal person (even though it may be constituted by more than one person) and legally endowed with the various rights and duties of individuals, including the capacity of succession, the right to enter into contracts, and the right to buy and sell property.
Corporation
An agreement (generally, a written agreement) in which one party promises not to compete with another party within a prescribed geographical area around the practice and for a given period of time after employment or ownership ends. The second party gives something in return, called consideration.
Covenant not-to-compete
A written overview of a person’s life accomplishments and qualifications that elaborates on education to a more comprehensive extent than does a résumé, and is meant to be refreshed regularly for special training, academic credentials, publications, professional contributions, and professional interests. A Latin expression loosely translated as the course of my life.
Curriculum vitae
The legal relationship between an employer and an employee, which may or may not be in writing. Under contract law principles, three elements underlie the formal relationship between employee and employer: offer, acceptance, and consideration.
Employment agreement or employment contract
A type of insurance that provides coverage for claims arising out of employment practices—any type of employment process that involves selection in hiring, promoting, terminating, or related functions.
Employment practices liability insurance (EPLI)
A person’s agreement to allow something to happen, such as a medical diagnostic or surgical procedure, that is based on full disclosure of the facts necessary to make an intelligent decision
Informed consent
The geographical area over which a court or government body has the power and right to exercise authority in accord with laws and regulations.
Jurisdiction
Clauses in a written document of borrowing that requires the borrower to do, or refrain from doing, certain things.
Loan covenant
A dereliction of professional duty or a failure to exercise an accepted degree of professional skill or learning by someone (e.g., a veterinarian) rendering professional services that results in injury, loss, or damage.
Malpractice
A legal complaint against a veterinarian or veterinary hospital based on actions that allegedly resulted in patient injury or death or based on indications that the professionals involved did not exercise the care and diligence ordinarily exercised by skilled veterinarians.
Malpractice suit
Neglectful or heedless behavior; doing something that a person of ordinary prudence would not have done under similar circumstances.
Negligence
A paper document that can move freely in financial transactions as a substitute for money, such as a check.
Negotiable instrument
A client’s agreement to allow veterinary care to be given to his animal that is based on full disclosure of the facts necessary to make an intelligent decision and involves a process of providing medical findings and treatment recommendations to the client, including disclosure of possible adverse outcomes and reasonable estimated cost of care.
Owner consent
A legally recognized association of two or more persons who are co-owners and joint principals in a for-profit business. Ownership may be divided equally or unequally.
Partnership
A legal instrument authorizing someone to act as the attorney or agent of the grantor, and generally authorizing the actions to a specific purpose.
Power of attorney
A state’s or commonwealth’s law, codified into regulations, describing what licensed and nonlicensed employees can and cannot do as such activities pertain to the practice of veterinary medicine.
Practice act
The mutual and unique legal relationship of each party to an agreement, recognizing their individual rights and duties to the agreement. It does not generally confer rights to or impose obligations on anyone other than the contracting parties.
Privity of contract
A form of business organization in which only one owner has any financial or legal interest. The owner has unlimited personal liability.
Sole proprietorship
An accounting term that describes the originating record of details supporting and substantiating a transaction.
Source document
Legally empowered to represent or act on behalf of another person within a given jurisdiction.
Attorney (or attorney-at-law)
An organization or person formally identified by a taxpayer as his legally authorized representative.
Attorney-in-fact
Terms of employment whereby employees may quit and employers may terminate as a matter of their own preference unless a specific provision in an employment agreement states an agreed-upon duration of employment.
At-will employment
A violation of any of the terms of a contract, intentional or not.
Breach of contract
The legally prescribed and recognized organizational structure of a business, often called “entity structure” or referred to as “business entity type.” Specific federal and state laws regarding the type of business all have bearing in determining the available choice of organizational structures.
Business organization
A legal document describing and defining the events causing a shareholder or partner to sell her interest in a business (a corporation or partnership), and the conditions and terms for resolving those interests with the business entity and other individuals having ownership in it.
Buy-sell agreement
An organization or business formed and authorized by law to act as a single legal person (even though it may be constituted by more than one person) and legally endowed with the various rights and duties of individuals, including the capacity of succession, the right to enter into contracts, and the right to buy and sell property.
Corporation
An agreement (generally, a written agreement) in which one party promises not to compete with another party within a prescribed geographical area around the practice and for a given period of time after employment or ownership ends. The second party gives something in return, called consideration.
Covenant not-to-compete
A written overview of a person’s life accomplishments and qualifications that elaborates on education to a more comprehensive extent than does a résumé, and is meant to be refreshed regularly for special training, academic credentials, publications, professional contributions, and professional interests. A Latin expression loosely translated as the course of my life.
Curriculum vitae
The legal relationship between an employer and an employee, which may or may not be in writing. Under contract law principles, three elements underlie the formal relationship between employee and employer: offer, acceptance, and consideration.
Employment agreement or employment contract
A type of insurance that provides coverage for claims arising out of employment practices—any type of employment process that involves selection in hiring, promoting, terminating, or related functions.
Employment practices liability insurance (EPLI)
A person’s agreement to allow something to happen, such as a medical diagnostic or surgical procedure, that is based on full disclosure of the facts necessary to make an intelligent decision
Informed consent
The geographical area over which a court or government body has the power and right to exercise authority in accord with laws and regulations.
Jurisdiction
Clauses in a written document of borrowing that requires the borrower to do, or refrain from doing, certain things.
Loan covenant
A dereliction of professional duty or a failure to exercise an accepted degree of professional skill or learning by someone (e.g., a veterinarian) rendering professional services that results in injury, loss, or damage.
Malpractice
A legal complaint against a veterinarian or veterinary hospital based on actions that allegedly resulted in patient injury or death or based on indications that the professionals involved did not exercise the care and diligence ordinarily exercised by skilled veterinarians.
Malpractice suit
Neglectful or heedless behavior; doing something that a person of ordinary prudence would not have done under similar circumstances.
Negligence
A paper document that can move freely in financial transactions as a substitute for money, such as a check.
Negotiable instrument
A client’s agreement to allow veterinary care to be given to his animal that is based on full disclosure of the facts necessary to make an intelligent decision and involves a process of providing medical findings and treatment recommendations to the client, including disclosure of possible adverse outcomes and reasonable estimated cost of care.
Owner consent
A legally recognized association of two or more persons who are co-owners and joint principals in a for-profit business. Ownership may be divided equally or unequally.
Partnership
A legal instrument authorizing someone to act as the attorney or agent of the grantor, and generally authorizing the actions to a specific purpose.
Power of attorney
A state’s or commonwealth’s law, codified into regulations, describing what licensed and nonlicensed employees can and cannot do as such activities pertain to the practice of veterinary medicine.
Practice act
The mutual and unique legal relationship of each party to an agreement, recognizing their individual rights and duties to the agreement. It does not generally confer rights to or impose obligations on anyone other than the contracting parties.
Privity of contract
A form of business organization in which only one owner has any financial or legal interest. The owner has unlimited personal liability.
Sole proprietorship
An accounting term that describes the originating record of details supporting and substantiating a transaction.
Source document
What is the purpose of the Affordable Care Act (ACA)?
U.S. Federal statue mainly designed to expand access to health care insurance, decrease rising costs, and focus on prevention and wellness.
What is the purpose of the Age Discrimination in Employment Act (ADEA)?
Federal Law that protects employees over 40 years of age from age related discrimination in employment practices.
What is the purpose of the Americans with Disabilities Act (ADA)?
Federal Law that prohibits discrimination in employment practices based on an employee’s disability. May also require accommodations for disabilities.
What is the purpose of the Consolidated Omnibus Budget Reconciliation Act (COBRA)?
Allows for limited continuation of group health benefits to covered employees who leave their employment under certain circumstances.
What is the purpose of the Consumer Credit Protection Act (CCPA)?
Protects employees from discharge by their employers because their wages have been garnished for any one debt. It also limits amounts that may be garnished in any one week
What is the purpose of the Employee Retirement Income Security Act (ERISA)?
Sets minimum standards for most voluntarily established pensions and health plans in private industry to provide protection for individuals in these plans.
What is the purpose of the Equal Pay Act (EPA)?
A federal law amending the fair labor standards act, aimed at abolishing wage disparity based on sex.
What is the purpose of the Fair and Accurate Credit Transactions Act (FACTA)?
The act allows consumers to request and obtain a free credit report once every twelve months. It’s primarily purpose is to reduce identity theft.
What is the purpose of the Fair Labor Standards Act (FLSA)?
Federal law that establishes minimum wage, overtime pay, record keeping, and child labor standards affecting full-time and part-time workers.
What is the purpose of the Family and Medical Leave Act (FMLA)?
Federal law that allows certain employees to take up to 12 weeks of unpaid, job protected leave each year for birth\adoption\fostering of a child, serious health condition of the employee or child, parent, spouse or a next of kin military service member.
What is the purpose of the Federal Insurance Contributions Act (FICA)?
Federal payroll (or employment) tax imposed on both employees and employers to fund Social Security and Medicare - Federal programs that provide benefits for retirees, the disabled, and children of diseased workers. The tax also provides funds to the health care system for institutions that provide health care for workers that do not have health insurance and cannot afford healthcare treatment. Social Security benefits include old age, survivors, and disability insurance (OASDI): Medicare provides hospital insurance benefits for the elderly.
What is the purpose of the Health Insurance Portability and Accountability Act (HIPAA)?
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 employees or dependents health status.
What is the purpose of the Immigration reform and control Act (IRCA)?
Intended to prevent illegal aliens from obtaining employment in the U.S. by requiring employers to take steps to verify that a newly hired employee is eligible for employment in the U.S.
What is the purpose of the National Labor Relations Act (NLRA)?
Federal Law that guarantees employees the right to organize and bargain collectively with their employer. The most common means is through a labor union.
What is the purpose of the Occupational Safety and Health Act (OSHA)?
Its main goal is to ensure the safety and health of workers by setting and enforcing standards, provide training and understanding of workplace hazards and continually striving for improvement.
What is the purpose of Title VII - Provision of the Civil Rights Act of 1964?
Federal Law that prohibits employers from discriminating against employees on basis of sex, race, color, national origin, and religion.
What is the purpose of the Uniform Guidelines on employee selection procedures (UGESP)?
Created to establish uniform standards for employers for the use of selection procedures and to address adverse impact, validation, and record keeping requirements. The guidelines outline the requirements necessary for employers to legally defend employment decision selection process and procedures.
What is the purpose of the Uniformed Service Employment and Reemployment rights Act (USERRA)?
Law that is intended to minimize the disadvantages to an individual that occur when that person needs to be absent from his or her civilian employment to serve in this country’s uniformed services.
What is the purpose of the Animal and Plant Health Inspection Service (APHIS)?
Regulated veterinary biologics such as vaccines and bacterins, to ensure biologics available in veterinary medicine are pure, safe, potent, and effective.
What is the purpose of the Drug Enforcement Agency (DEA)?
Enforces Controlled Substances Act of 1970; a major Federal law regulating the manufacture, distribution, dispensing and delivery of certain drugs or substances with potential for abuse.
What is the purpose of the Environmental Protection Agency (EPA)?
Government agency which was created for the purpose of protecting human health and the environment by writing and enforcing regulations based on laws passed by congress.
What is the purpose of the Equal Employment Opportunity Commission (EEOC)?
Responsible for enforcing the laws regarding discrimination of employees and job applicants.
What is the purpose of the Federal Deposit Insurance Corporation (FDIC)?
Is an independent federal agency that preserves the public confidence in the U.S. Banking system by insuring deposits into that system.
What is the purpose of the Federal Trade Commission (FTC) ?
An Independent agency of the US government created to protect consumers from unfair methods of competitions.
What is the purpose of the Food and Drug Administration (FDA)?
Government agency whose primary function is to review results of clinical testing performed by companies to determine if the product they intend to market is safe and effective for consumers.
What is the purpose of the United States Department of Agriculture (USDA)?
Is the US federal executive department responsible for developing and executing federal policy on agriculture, farming, forestry and food.
What is the purpose of the United States Department of Labor (DOL) ?
Department of the US federal government with a large umbrella of influence including wage and hour laws, occupational safety, unemployment benefits, and re-employment services.
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. Yes
b. No
b. No they are not because of the set schedule.
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.
______________ 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
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.
In most states The Principles of Veterinary Medical Ethics of the AVMA can actually be enforced by law.
a. True
b. False
b. False – the AVMA principles are based more on professional relationships one has with colleagues than moral and ethical issues relating to animals and they cannot be enforced by law as written.
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
Does the VHMA have a Code of Ethics?
a. Yes.
b. No.
A. Yes
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.
What are the three main details the FLSA was created to address?
- Establish a minimum wage.
- Define overtime pay standards.
- Regulate the employment of minors.
Can the owner of the practice, be held responsible for the discriminating actions or behavior of their employee towards another employee?
Yes
Manager Jane Doe is relieved that her small practice of 18 employees is too small to be required to follow make accommodations under the ADA. Should she be relieved? If so, why? If not, why?
No, she shouldn’t be relieved; any employer with 15 or more employees is required to follow the rules of the ADA
When it comes to discrimination in general, what employment matters, aside from hiring, are included in anti-discrimination laws?
All employment decisions should be made without discriminatory intent or appearance. This includes wages, termination, advancement, discipline, etc.
Regarding the FMLA; define an eligible part-time employee.
Someone who works twenty or more calendar weeks in the current or previous year.
Who pays the FUTA tax; employers, employees, or both?
Employers.
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)?
ERISA – Employment Retirement Income Security Act.
Which of the following is not a required labor law poster?
Consolidated Omnibus Budget Reconciliation Act (COBRA)
Fair Labor Standards Act and Minimum Wage
Equal opportunity provisions of the law
The Family and Medical Leave Act
OSHA Job Safety and Health Protection requirements
The Employee Polygraph Protection Act
The Uniformed Services Employment and Reemployment Rights Act
Right to join/form unions and associations
Consolidated Omnibus Budget Reconciliation Act (COBRA)
Name three of the six potential exceptions to the client confidentiality statutes.
- The client or client’s agent consent to the release.
- The law requires disclosure.
- An animal’s health is at stake.
- A legal dispute has arisen such as malpractice or fee conflict.
- A board investigation or disciplinary proceeding exists against the veterinarian or animal owner.
- There is suspected or actual abuse or neglect.
Employees are obligated to maintain client/patient confidentiality even after they have left the employ of the practice. True or False.
True
Employees can legitimately discuss client or patient information with what four people or positions?
- The client.
- The client’s agent.
- The treating veterinarian.
- Other employees involved in the patients care.
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?
The Principles of Veterinary Medical Ethics of the AVMA (PVME)
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 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.
The Sherman Antitrust Act was enacted in 1890 and the goal of the act is to guarantee the freedom to compete.
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.
