Law And Ethics Flashcards
Definition of implied contract
A contract established when acceptance can be inferred from the actions of the parties, even if no express acceptance is proved.
Testimonials, as defined in the AVMA ethics
Also known as endorsements; statements that are intended to influence attitudes regarding the purchase or use of products or services.
Advertising, as defined in the AVMA ethics
Communication that is designed to inform the public about the availability, nature, or price of products or services or to influence clients to use certain products or services.
Merchandising, as defined in the AVMA ethics
The buying and selling of products or services.
Equal Pay Act of 1967
Prohibits sex discrimination in the payment of wages to women and men in jobs that require equal skill.
What is another term for Law of Unjust Enrichment?
The Law of Quasi Contract
What is OSHA Form 300a?
Summary of work-related injuries and illnesses
Which employers have to fill out an OSHA Form 300?
11 or more employees
What is OSHA Form 300?
Log of work-related injuries & illnesses
What is the first OSHA form filled out when an employee has a recordable injury or illness?
OSHA Form 301; injury & illness incident report
Define sharps
Any device with physical characteristics that make it possible to puncture, lacerate, or penetrate the skin.
How long must OSHA records related to injuries & illnesses be maintained?
At least 5 years
When does the OSHA Form 300A have to be posted?
February 1st the following year until at least April 30th.
Parentos Rule
80-20 Rule. 80% of effects come from 20% of the causes.
Contract Law
Duties established by individuals as a result of a contractual agreement. Agency Partnership Corporation Property Insurance
Tort Law
Permits people to sue for relief of an injury that occurred as a result of damages inflicted on their bodies, family, or property due to a result of wrongful act.
Negligence, strict liability, assault, product liability, false imprisonment, invasion of privacy.
Radiation Exposure
Staff members must be informed of their radiation exposure measurements at least annually or anytime there is exposure above 25REMS in any reporting period.
Restrictive Covenants
Contractual provisions that limit the geographical area and time in which former employees can work at jobs similar to those they held previously. Protects veterinary employers against competing for clients, disclosing trade secrets & using mailing lists & other confidential information.
Informed consent
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.
Omissions
Grounds for malpractice suits: Failure of simple dipstick urinalysis Failure to use cardiac monitor with high anesthetic risk patients Failure to muzzle after owner warns Failure to properly restrain Failure to do vaginal cultures
Three terms used inter changeably for a clause in an employment contract that prohibits competition after leaving the practice.
Restrictive Covenant
Noncompete clause
Covenant not to compete
Under the ADA, a reasonable accommodation means . . .
A modification or adjustment to a job or to the work environment that enables a qualified applicant or an employee with a disability to participate in the application process or to perform the job, unless the accommodation would impose an undue hardship on the operation of the business.
What is MSDS?
Material Safety Data Sheet
Another name for OSHA’s hazard (chemical) Communication Standard
Right-to-know
Which employers have to fill out an OSHA form 300A?
Any employer required to maintain OSHA form 300, therefore employers with 11 or more employees at anytime during the year.
Who enforces the FLSA?
The wage and hour division of the US Department of Labor
FLSA Definition of Overtime Pay
All hours worked above 40 hours in a given work week, overtime pay premium is 1.5 times the regular rate of pay
The ADEA applies to employers who . . .
Employe 20 or more employees
FICA
Federal Insurance Contributions Act
Employment Tax - imposed on both employees and employers to fund social security and medicare.
EEOC
Equal Employment Opportunity Commission
This is the commission at either the federal or state level that is responsible for implementing the regulations to enforce the ADA statutes.
ERISA
Employment Retirement Income Security Act
Provides safeguards for employee interests in any employer-sponsored plan.
ADA
The Americans with Disabilities Act
Passed in 1990
Title I prohibits discrimination against persons with disabilities. Employers need to make reasonable accommodation for employees with disabilities. Pertains to employers with 15 or more employees.
FUTA
Federal Unemployment Tax Act
Provide unemployed workers with modest financial support.
Employers have to pay this tax.
Fee splitting
The dividing of a professional fee for veterinary services with the recommending veterinarian.
Referral veterinarian or receiving veterinarian
A veterinarian who agrees to provide requested veterinarian services; a new VCPR is established.
Consulting veterinarian
A veterinarian who agrees to advise an attending veterinarian on the care and management of a case; the VCPR remains the responsibility of the attending veterinarian.
Attending veterinarian
A veterinarian who assumes responsibility for primary care of a patient; a VCPR is established.
VCPR
Veterinarian-Client-Patient Relationship
Sherman antitrust act enters into the discussion of what employment contract clause, and why?
Noncompete clause, because the antitrust act states that every contract that restrains trade is illegal.
Three terms used interchangably for a clause in an employment contract that prohibits competition after leaving the practice
- Restrictive Covenant
- Noncompete clause
- Covenant not to compete
What is another term for law of unjust enrichment?
The Law of Quasi Contract
In what general situation does Law of Unjust Enrichment apply in veterinary practice?
When emergency care for animals is administered without express permission; owner would be required to pay for services because it would be “wrong & against public policy for them to retain any benefit or value” for care rendered.
In what general situation does the Law of Agency apply in veterinary practice?
When someone other than the owner brings in a pet for treatment or care.
Definition of contract
Generally refers to an agreement between two or more parties
Definition of express contract
A contract established when acceptance can be inferred from the actions of the parties, even if no express acceptance is proved.
COBRA
The Consolidated Omnibus Budget Reconciliation Act (COBRA) gives workers and their families who lose their health benefits the right to choose to continue group health benefits provided by their group health plan for limited periods of time under certain circumstances such as voluntary or involuntary job loss, reduction in the hours worked, transition between jobs, death, divorce, and other life events.
Applies to employers with 20 or more employees.
HIPAA
Health Insurance Portability and Accountability Act
Protects workers health insurance coverage when they change jobs, limits exclusions for pre-existing conditions, and prohibits discrimination against employees based on health status.
MHPA
Mental Health Parity Act
Provides for parity between medical and surgical benefits and mental health benefits.
Magic Number of employees: OSHA FMLA Civil Rights Act 1964 Pregnancy Act ADA ADEA ( Age Discrimination) COBRA
OSHA = 11 FMLA = 50 Civil Rights Act of 1964 (Title VII) = 15 Pregnancy Act = 15 ADA = 15 ADEA (Age Discrimination) = 20 COBRA = 20
FLSA Definition of workweek
Unit of time used for determining compliance with minimum wage standards; defined as seven consecutive, regularly recurring, 24-hour periods totally 168 hours.
The FLSA applies to employers who . . .
- Engage in interstate commerce
- Produce goods for interstate commerce
- Is in enterprise - a business entity with a distinct commercial purpose and annual gross sales of $500,000 or more.
Title VII is a part of what act?
The Civil Rights Act of 1964
Define Controlled Substances
Those drugs that area subject to abuse, the possession and use of which is regulated under the control substance act.
Which federal entity regulates general prescription drugs?
FDA - Food & Drug Administration
Which federal entity regulates topical pesticides?
EPA - Environmental Protection Agency
Which federal entity regulates biologicals including vaccines?
USDA - United States Department of Agriculture
What Form is needed to purchase schedule II controlled substances?
DEA Form 222
For Controlled substances the inventory procedures & documentations must be repeated how often?
Every 2 years
What symbol is used to designate a controlled substance on the package?
A large letter “C” with Roman numeral centered inside, depicting the schedule of the drug.
The controlled substances act is regulated by which federal agency?
DEA - Drug Enforcement Administration
OSHA, as a governing body
Occupational Safety & Health Administration
OSHA’s Hazard Communication Standard
Requires employers to identify all work place hazards & communicate them to employees.
OSHA applies to which employers?
All employers, regardless of the number of employees
Ethical product
A product for which the manufacturer has voluntarily limited the scale to veterinarians as a marketing decision.
Merchandising, as defined in the AVMA ethics
The buying and selling of products or services
Marketing, as defined in the AVMA ethics
Promoting and encouraging animal owners to improve animal health & welfare by using veterinary care, services, and products.
Prescribing
The transmitting of an order authorizing a licensed pharmacist or equivalent to prepare and dispense specified pharmaceuticals to be used in or on animals in the dosage and manner directed by a veterinarian.
Dispensing
The direct distribution of products by veterinarians to clients for use on their animals.
Veterinary Prescription Drugs
A drug that is restricted by federal law to use by or on the order of a licensed veterinarian; the law requires that such drugs can be labeled with the statement: “Caution, federal law restricts this drug to use by or on the order of a licensed veterinarian.
Prescription Drug
A drug that cannot be labeled with adequate direction to enable its safe and proper use by non-professionals
Over the Counter Drug (OTC)
Any drug that can be labeled with adequate direction to enable it to be used safely and properly by a consumer who is not a medical professional
Legend Drug
A synonymous term for prescription drug; the name refers to the statement (legend) that is required on the label.
Age Discrimination Act of 1967
Protects applicants & employees 40 years of age & older from discrimination based on age in hiring, firing, promotion, pay, other.
Title I & Title V of the disabilities act of 1990
Protects qualified individuals from discrimination on the basis of disability in hiring, promotion, discharge, pay, fringe benefits, job training, & other. Disability discrimination includes not making reasonable accommodation.
ADEA
Age Discrimination in Employment Act
Passed in 1967
Prohibits discrimination in employment of age 40+
Title VII Civil Rights Act
Protects against race, color, religion, sex, national origin on basis of discrimination in hiring, promotion, discharge, pay, fringe benefits, other.
FMLA
Family Medical Leave Act
Employees entitled to 12 workweeks of job protected, unpaid leave during a 12 month period.
Eligibility - at least 12 months at company with at least 1,250 hours.
Rights must be posted.
Employer may require medical certification
USERRA
Uniformed Service Employment and Re-employment Rights Act
FLSA
Fair Labor Standards Act
EPPA
Employee Polygraph Protection Act
Prohibits most employers from directly or indirectly requiring employee or applicant from taking a lie detector test.
Definition of implied contract
A contract established when acceptance can be inferred from the actions of the parties, even if no express acceptance is proved.
Advertising, as defined in the AVMA ethics
Communication that is designed to inform the public about the availability, nature, or price of products or services or to influence clients to use certain products or services.
What posters need to be displayed?
FLSA and minimum wage
Equal opportunity provisions of the law
FMLA
OSHA job safety and health protection requirements
Employee Polygraph Protection Act
Uniformed Service Employment and Reemployment Rights Act (USERRA)
Right to join/form unions and associations
