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CVPM Certification > Law and Ethics 2.01 > Flashcards

Law and Ethics 2.01 Flashcards

1
Q

Controlled Substance

A

Any product regulated by the Controlled Substance Act and/or the Controlled Substance Import and Export Act

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2
Q

Drug Free Workplace

A

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.

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3
Q

Drug Cabinet

A

A secured cabinet intended to limit access to drugs and controlled substances

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4
Q

Drug Schedules

A

Drugs, substances, and certain chemicals used to make drugs are classified into five distinct categories or schedules depending upon the drug’s acceptable medical use.

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5
Q

Health Insurance Portability and Accountability Act 1996 (HIPPA)

A

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

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6
Q

Implied Contract

A

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

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7
Q

Internet Pharmacy

A

A website that offers access to prescription drugs from the comfort of one’s home.

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8
Q

It’s the Law Posters

A

Defines an employees rights and an employers responsibilities.

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9
Q

Occupational Safety and Health Administration

A

An agency of the US DOL created by congress under the OSHA. This agency issues and enforces standards for safe and healthy work conditions.

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10
Q

OTC

A

Products that are available by ordinary retail purchase, with no need for a prescription or license.

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11
Q

PPE

A

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

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12
Q

Prescription Labels

A

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.

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13
Q

Regulatory Agencies

A

Government agencies that perform oversight

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14
Q

SDS

A

16 section document for each drug or chemical providing all important information regarding ue of the substance, including hazards, safe handling, chemical properties and disposal concerns.

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15
Q

Waste Disposal

A

Removing and destroying or storing damaged, used or other unwanted domestic, agricultural or industrial products.

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16
Q

Compliance

A

Measures of whether pets receive the care that has been recommended by their veterinarian.

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17
Q

Employers Identification Number (EIN)

A

-Obtained from the DOL
-Required for several reasons, including the proper reporting and payment of withholding and unemployment taxes.

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18
Q

Practices with more than one location (DEA Registration)

A

Doctors must be registered at each hospital location in order to DISPENSE or ADMINISTER controlled drugs

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19
Q

OSHA Rules are known as?

A

The rules are known as standards and are published in Title 29 of the Code of Federal Regulations (CFR)

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20
Q

Where should a practice keep their Hospital Safety Manual?

A

-Keep in a convenient and neutral location like a breakroom or lab area
-Avoid keeping it in the doctor’s or manager’s office because there maybe some “situational intimidation” that would prevent a new or concerned worker from reviewing it.
-Every staff member should know where it is.

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21
Q

Rights of Employees under OSHA

A

-A work place free of recognized hazards
-Be informed their rights under OSHA
-Be informed of known hazards in the workplace and trained to perform their job safely
-Provided with and instructed how to use PPE
-Receive OSHA Standards
-Access to all medical and exposure records
-Present complaints to employer or OSHA
-Speak with an OSHA Compliance Officer

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22
Q

Enforcing OSHA Safety Rules

A

-Ask leading questions (is it a training or a discipline situation)
-Be consistent
-Stick to the issues
-keep a record

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23
Q

OSHA Administrative requirements

A

-Posters & Notice (posted in a public area)
-Notices of Inspections (posted 3 days prior)
-Appropriate warning or ID Signs (Exits radiation areas)
-Written plans (preventing fire, handling hazardous chemicals, preventing injury with PPE)

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24
Q

How is an occupational injury or illness defined?

A

-Death of an employee on the job
-The loss of consciousness of employee on the job
-employee loses at least one day of work because of incident
-employee’s duties or abilities are restricted or they have to transfer jobs
-Employee receives medial treatment
-Employee suffers from fractured bone, ruptured ear drum or has irreversible disease
-The employee develops cancer, TB or is removed from their job for medical reasons under OSHA health standard
-Employee is stuck with a needle or cut from a sharp object with HUMAN infectious material or HUMAN blood

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25
Q

How long must injury and illness related log/forms be kept?

A

At least 5 years

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26
Q

How to write a hazard assessment?

A

-Write everything down
-Involve the staff
-Look at the general conditions of the area
-Look at the activities are performed
-For tasks that involve hazardous chemical consult SDS sheets
-Use notes to determine which tasks require additional engineering, procedural, or PPE control

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27
Q

OSHA 300 Log

A

-Only have to be used if there are 11 or more employees
-If a work place illness or injury occurred
-Must be filled out within 6 working days of incident (OSHA 300 A Form)
-If there is more than one location a log must be kept for each location
-Must be posted from Feb 1-April 30th

28
Q

What are the requirements for a veterinary hospital to report an illness or injury to OSHA?

A

-The incident resulted in death
-Incidents regarding violence
-Hospitalization of five or more employees for the same cause
-Practices (employers) with 250 or more employees must always electronically support.

29
Q

What two methods do OSHA require practices to solve safety problems?

A

-Engineering controls
-Procedural controls “workplace practice controls”

30
Q

What two things must be true in order to have a safe eating area for staff?

A

-It must be free of biological and chemical hazards

31
Q

What are the 5 types of waste in a veterinary hospital?

A

-animal waste
-General waste
-biologically hazardous waste
-sharps
-hazardous chemical waste

32
Q

When are medical devices considered biomedical waste? (ie blood tubes, vials, IV tubes etc.)

A

-when they contain human pathogens
-used in animals that have zooinotic dieseases
-Or were used to administer chemotherapy

33
Q

Does OSHA require veterinary staff to rescue hospital animals in the case of a five or other natural disaster?

A

There is no requirement by OSHA to rescue pets in the hospital and it is advised to let professional rescue teams to do that.

34
Q

What does OSHA require for Emergency and Action Plans?

A

-Procedures and route assignments
-Procedures to be followed by staff members who remain to perform critical operations
-Procedures to account for all employees after evacuation
-Rescue and medical duties
-Preferred means of reporting gives
-Point of contact for plan

35
Q

What does the Hazardous Chemical Standards require of a veterinary practice?

A
  1. The program must be in writing
  2. A complete list of all hazardous chemicals must be maintained
  3. A library of SDS sheets must be obtained
  4. All containers of hazardous chemical on the list must be properly labeled.
  5. Staff members must be trained on the dangers and safety aspects of the chemical
36
Q

What are the components of a written plan for HCS?

A
  1. Introduction and objective
  2. Explanation of how the practice will identify potentially hazardous materials
37
Q

What are the “signal words” for hazardous chemical products?

A
  1. Warning
  2. Danger
38
Q

What are the 4 tyoes of precautionary states used on container labels?

A

1.Prevention (to minimize exposure)
2. Response (in case of accidental spillage or exposure emergency response, and first aid).
3. Storage
4. Disposal

39
Q

Where should an eye wash station be located?

A

-it must be available within about 10 seconds from where chemicals are used.
-It should never be located in an area that could be in accessible in an emergency

40
Q

What constitutes a biomedical spill?

A

A spill that includes blood contaminated with HUMAN pathogens

41
Q

Are there specific OSHA standards that deal with zoonotic diseases?

A

No there are not but the veterinary profession feels there should be safety training and procedures.

42
Q

What is TWA study?

A

A method of calculating the severity of danger based on the intensity of the noise and duration of exposure (above 85 Db requires protection)

43
Q

When should staff members be notified of their radiation exposure?

A

Annually or whenever exposure exceeds 25 REMS

44
Q

What area must chemotherapy be prepared and stored in?

A

A biological safety cabinet

45
Q

What constitutes a valid VCPR?

A

A physical examination constitutes the beginning of a valid VCPR

46
Q

What are the components of a proper Drug Label?

A

Drug Name
Quantity dispensed
dosage
route and frequency of adiminstration

47
Q

How long should DEA-222 forms be kept after completed?

A

-2 years
-should be kept separately from all other documents
-packing slips and invoices separately as well

48
Q

Can a veterinary hospital get controlled substances from a local pharmacy for distribution?

A

-This is strictly prohibited because it circumvents the normal accountability process at the DEA

49
Q

What is an adverse reaction?

A

Is an unexpected side effect or unintended change in the structure, function, and chemistry of the body including injury,toxicty, sensitivity reaction, or lack of efficacy associated with the clinical use of the drug.

50
Q

Poison Prevention Packaging Act

A

-This law requires that Rx drugs be dispensed in containers with safety caps. (The act created the Consumer Product Safety Commission)

51
Q

Types of Client Consent

A

-Oral information, oral consent
-Oral information, written notes (in medical record)
-Oral information, written notes, owner initials
-Signed consent form

52
Q

Contract

A

The term contract generally refers to an agreement between two or more parties. This agreement consists of a promise or mutual promises that the law will enforce of the performance of which the law recognizes as a duty simply stated, a contract is an agreement that creates obligation.

53
Q

What are the 5 elements of a contract?

A
  1. An offer
  2. An acceptance
  3. Consideration
  4. An intent to contract
  5. A meeting of minds
54
Q

Implied Acceptance

A

Ex. Pet dropped off for medical problem with info of problem but no direct communication between Dr. and owner client is implying the accept no.

55
Q

Expressed Acceptance

A

Ex. Doctor prepares estimate of Dx and Rx and client signs estimate authorization

56
Q

Adhesion Contract

A

-Contract written exclusively by one party (dominant party) and presented to the (adhering party) under this circumstance there no realistic opportunity for negotiation.

57
Q

What situations do courts not enforce elements of an adhesion contract?

A
  1. Buried disclaimers
  2. If written provisions are not legible
  3. The representation of what is contained in the document is false
58
Q

Preexisting Duty Rule

A

Ex. Vet accepts less than full payment for services and can still demand or sue for the remainder because of the prexisting duty to fulfill the original contract.

59
Q

Promissory Estoppel or Action in Reliance

A

-Vet student has a verbal contract with vet and then the vet cancelled the contract due to slowing business. Vet knew student vet was looking for housing and didn’t discourage those efforts. (courts would rule there was a contract in place)

60
Q

Three basic situations where capacity of contract should be questioned.

A
  1. Minority (minor making decision)
  2. Mental disability
  3. Intoxication
61
Q

Restitution

A

-Contract remedy where the breaching party gives the non-breaching party gives up the gains of unfair enrichment.

62
Q

Compensatory Damages

A

-Damages awarded when the plaintiff is found to have sustained considerable financial detriment

63
Q

Nominal Damages

A

-A minimal award of $1 awarded in a breach of contract

64
Q

What are damages?

A

When there is a breach of contract damages can be awarded (monetary)

65
Q

Types of contracts covered by statute of fraud

A
  1. Real estate contracts
  2. Leases longer than 1 year
  3. Contracts not to be performed with in a year
  4. Contracts to answer for the debts of another
  5. Contracts for the sale of goods over specified time.

CVPM Certification (28 decks)

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