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CVPM Practice Questions by SB > Law & Ethics > Flashcards

Law & Ethics Flashcards

1
Q

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.

A

Scope

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2
Q

Under FMLA Family Medical Leave Act, a “key” employee by definition are the top ___% of the highest paid employees
a. 1%
b. 5%
c. 10%
d. 15%

A

10%

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3
Q

True / False
An Employer may fire or discriminate against an employee for filing a complaint or participating in a legal proceeding involving any of the provisions of the act.

A

False
It is a violation of the FLSA for the Employer to fire or in any way discriminate against an employee for filing a complaint or participating in a legal proceeding involving any of the provisions of the act.

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4
Q

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.

A

The Veterinary Practice Act

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5
Q

What Act provides safeguards for employee interest in any employer-sponsored retirement plan

A

ERISA Employee Retirement Income Security Act

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6
Q

True / False
When Emergency Care for patients brought in by a concerned citizen who is NOT the owner Veterinarians have an ethical responsibility to provide essential services to animals to save a life or relieve suffering, even in the absence of the identity of the owner. This can lead to care without payment due to lack of consent.

A

True

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7
Q

A state 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.

A

Practice Act

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8
Q

The state or condition of being free from observation, or disturbed by other people

A

Privacy

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9
Q

Ethical, legal or moral responsibility of conduct, function or performance, that usually arises from an implied contract

A

Duty

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10
Q

True/False
An employer does not need to continue to provide the same health benefits, under the same terms and conditions, as the employer would have provided if the employee had been continuously employed during the entire leave period unless the employee pays the full premium.

A

False
An employer must continue to provide the same health benefits, under the same terms and conditions, as the employer would have provided if the employee had been continuously employed during the entire leave period.

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11
Q

Which law enforces the following issues:
Sexual Harassment
Pregnancy discrimination Act
Americans with Disabilities Act
Age Discrimination Act

A

Civil Rights Act
Enforced by EEOC Equal Employment Opportunity Commission

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12
Q

ADA Americans with Disabilities Act applies to employers with ___ or more employees
a. All employers, no matter the number of employees
b. 10
c. 15
d. 25
e. 50

A

15 or more employees

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13
Q

Defined as a delivery of something of a personal nature by one party to another to be held according to the purpose or the object of the delivery and to be returned or delivered over when the purpose is accomplished.

A

Bailment
Whenever a vet assumes custody of a client’s animal, a bailment takes place. A written boarding agreement is an example of a written bailment.

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14
Q

What is the first A – in the 4 As to Rise above Moral Distress?
a. Analyze
b. Assess
c. Ask
d. Appraise

A

c. Ask

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15
Q

In the 4 A’s of rising above Moral Distress, what does it mean to Assess

A

Assess - This is when you contemplate your readiness to act, considering the risks and benefits
Identify sources of your distress
Under what circumstances do the signs and symptoms occur
Do others suffer related to these resources? Consider all the personal, interpersonal, or environmental factors

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16
Q

True / False
A liaison is a broad term that refers to the person who maintains communications with any other entity involved with the business of running the practice.

A

True

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17
Q

Regarding the four priorities of general emergency management, which one strategies and actions that reduce the likelihood and impact of a threat
a. Mitigation -
b. Preparation -
c. Response -
d. Recovery -

A

a. Mitigation

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18
Q

An individual or group with an interest in a particular business; the individual or group usually has something at risk

A

Stakeholders

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19
Q

Title I of ERISA Employee Retirement Income Security Act, outlines reporting and disclosure obligations, minimum participation rules, vesting and funding requirements, and fiduciary standards, and is enforced by:
a. IRS
b. DOL
c. PBGC (Pension Benefit Guaranty Corp)
d. EEOC
e. FLSA

A

b. DOL Department of Labor

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20
Q

The identification, assessment, and prioritization of financial risk followed by coordinated and economical application of resources to minimize, monitor, and control the probability of said risk

A

Economic Risk Management

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21
Q

This insurance covers damages that the vet causes to OTHER persons, pets or property. This policy will contain multiple provisions, with separate limits, for personal injury and property damage caused to others.

A

Liability coverage

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22
Q

Give two Examples of situations in veterinary medicine that have both legal (practice Act) and ethical considerations

A

Informed Consent
Emergency Care

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23
Q

In regards to capacity to contract, such as a pet owner contracting with a practice to treat their pet, there are three basic situations where legitimacy regarding the capacity to make a valid contract would be questioned. Which element is NOT one of those situations?
a. A minor under the state common law rules
b. A person not listed as the legal owner of the pet
c. Intoxication or substance abuse
d. Mental disability

A

b. A person not listed as the legal owner of the pet

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24
Q

An agreement between two professionals limiting the ability to practice medicine within the established area, for a specified time, if one would leave the practice.

A

Covenants not to Compete

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25
Q

True / False
An employer may not take fetal welfare into account when deciding whether to permit a pregnant employee to remain on the job

A

True
HOWEVER the pregnant employee should be advised of any workplace hazards that could affect her pregnancy.

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26
Q

once a valid VCPR has been established during a treatment plan or illness of a pet, how long is the practice required to provide care for the patient?

A

A practice must continue the tx until the animal recovers, the vet has completed all the tx agreed upon, the patient dies, or the client terminates the client patient relationship.

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27
Q

How many diseases are currently known to be zoonotic?
a. 780.
b. 1,400
c. 4,200
d. Over 5,000

A

b. 1400

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28
Q

No direct Statement of agreement, but is demonstrated by actions indicating acceptance of the offer, (ex handshake)

A

Implied Acceptance

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29
Q

True/ False
Employers are not required to lower quality standards in order to make an accommodation, nor are they required to provide personal use items such as eyeglasses or hearing aids.

A

True

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30
Q

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.

A

c. The Equal Employment Opportunity Commission.

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31
Q

True / False
Employers must make certain to actively protect pregnant employees against any job duty that may cause harm to the baby, and reassign said employee without notice.

A

False
Employers must treat a pregnant employee, with regard to performance of job functions, in the exact same manner that any other temporarily disabled employee would be treated.

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32
Q

True / False
Ethics Exhaustion is a state where an individual’s compassion has died out, even if just temporarily.

A

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.

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33
Q

A more complex mode of transmission and involves intermediaries that carry the agent of disease from one source to another

A

Indirect Transmission

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34
Q

The duty of keeping secret or private information pertaining to a patient’s health that was obtained during the formation of a diagnosis, treatment, or prognosis of the animal.

A

Confidentiality agreement (aka nondisclosure agreements)

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35
Q

True / False
Practice Acts are regulated and enforced by the state board of Veterinary Medicine (BVM) which oversees veterinarians. With adequate evidence of wrongdoing, boards can revoke any professional veterinary license.

A

True

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36
Q

What is the first step in creating a business contingency plan?
a. The formation of the recovery team.
b. Back up all available data.
c. A risk assessment.

A

c. A risk assessment.

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37
Q

The state or condition of being free from observation, or disturbed by other people

A

Privacy

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38
Q

What does FUTA stand for?

A

Federal Unemployment Tax Act

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39
Q

Veterinary Practice Acts are _____ laws that are regulated and enforced by the state veterinary medical board

A

State laws

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40
Q

In the 4 A’s of rising above Moral Distress, what does it mean to Act

A

Act - This is when you implement strategies to initiate changes and manage any resulting setbacks. It is also the step where you preserve your integrity and authenticity
Prepare to Act
Develop a self care plan
Identify appropriate sources of support
Investigate outside resources for guidance

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41
Q

What are the most common complaints to the Board of Veterinary Medicine?
a. Lack of Communication
b. Unexpected Death
c. Too Expensive
d. Conduct
e. Record Keeping
f. Unprofessional Staff
g. Premises
h. Location
i. Pharmaceutical Issues
j. Unsatisfied Experiences

A

a. Lack of Communication
b. Unexpected Death
d. Conduct
e. Record Keeping
g. Premises
i. Pharmaceutical issues
j. Unsatisfied Experience

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42
Q

Usually a generic term used to refer to CPAs, bookkeepers, tax-preparers, auditors, and other financial professionals

A

Accountant

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43
Q

True/False
Exams, such as physical and intellectual capacity (spelling, grammar) can be requested prior to an employment offer, but make sure ALL applicants are completing the exact same exams.

A

True
But NO medical tests can be performed

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44
Q

Generally defined as the risk of having the ‘license to operate’ withdrawn by a regulator, or having conditions applied (retrospectively or prospectively) that adversely impact the economic value of a practice

A

Regulatory Risk Management -

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45
Q

In the 4 A’s of rising above Moral Distress, what does it mean to Affirm

A

Affirm - This is when you make a commitment to address the moral distress.
Affirm your distress and your commitment to take care of yourself
Validate your feelings and perceptions with others
Affirm your professional responsibility to act

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46
Q

True / False
If the practice with a VCPR decides to terminate tx they must make a valid effort to find another vet to take over the tx.

A

True

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47
Q

In regards to gas anesthesia, these are the three types of gas scavenger systems, which provides the best protection for employees?
a. Active scavenger system
b. Passive system.
c. Absorption system.

A

a. Active scavenger system

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48
Q

written historical records of financial standing, earnings and cash flow for a given period

A

Financial Statements

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49
Q

True / False
The owner of the practice can be held responsible for the discriminating actions or behavior of their employee towards another employee

A

True

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50
Q

True / False
If a covenant restricts a professional’s ability to earn a living or restricts the public from having the benefit of the competition, the courts may not enforce the covenant

A

True

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51
Q

This type of harassment Includes unwelcome conduct that is either sexual in nature or is directed at a person because of the person’s gender, and that unreasonably interferes with the individual’s job performance or creates an intimidating, hostile, or offensive working environment, even if it leads to no tangible or economic job consequences.

A

Environmental sexual harassment

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52
Q

The following are all requirements of which law?
- Minimum Wage
- Overtime pay
- Commission pay
- Bonuses
- Trainees
- Handicapped workers
- Part-time employees
- Child labor

A

FLSA Fair Labor Standards Act

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53
Q

This refers to unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment.

A

Sexual Harassment

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54
Q

Who enforces anti-discrimination against Sexual harassment, preganancy discrimination, disabled employees, age discrimination, religion, national origin, affirmative action.

A

EEOC Equal Employment Opportunity Commission

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55
Q

Complete informed consent must contain the following elements

A

Consent must be given freely
Tx 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 an costs
The client must be given an opportunity to ask questions and have them answered.
A signed consent form does not indicate that an informed consent occurred, because many people sign consent forms without reading them.
Verbal discussion MUST occur.
All risks, benefits and prognoses should be listed as such and initialed by both individuals (client & tech/DVM)
***If the consent is challenged in a court of law and these conditions were not met, the court may conclude the client did not consent.

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56
Q

HIPAA Stands for:

A

Health Insurance Portability and Accountability Act

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57
Q

What are the 4 A’s to rise above Moral Distress

A
  1. Ask
  2. Affirm
  3. Assess
  4. Act
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58
Q

Defined as the doing of some act that ia 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.

A

Negligence

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59
Q

a place where an infectious organism survives and replicates

A

Reservoir

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60
Q

This group was created to enforce the anti-discrimination law under Title VII of the Civil Rights Act

A

EEOC Equal Employment Opportunity Commission

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61
Q

Fatigue, Emotional Distress and the lack of will to continue to act in a way that is consistent with what you believe is the right thing to do.

A

Ethics Exhaustion

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62
Q

This is a modification or adjustment to a job or to the work environment that enables a qualified person or an employee with a disability to participate in the application process or to perform the essential functions of the job.

A

Reasonable Accommodation

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63
Q

Very often the compleity of the legal system and the sluggish progression of cases will discourage people from using the judicial system. There are three alternative to a lawsuit to settle a dispute. What are the definitions to each one?
1. Negotiation
2. Mediation
3. Arbitration

A
  1. Negotiation - A conversation between the involved parties with or without legal counsel
  2. Mediation - The use of an intermediary who is a neutral party and in whom both sides have confidence. The parties are not required to accept the mediator’s findings.
  3. Arbitration - similar to Mediation, except that the findings of the neutral arbitrator are generally binding on the parties
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64
Q

This defense theory is often applied in cases involving animal bites to clients, vets or vet staff members. The defendant in the action will claim that the plaintiff “assumed the risk” of getting it and therefore cannot recover damages

A

Assumption of risk

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65
Q

Aid society and animals through providing excellent care and services for animals
Prevent and relieve the suffering of animals
Promote public health by assisting with control of zoonotic diseases and informing the public about these diseases
Assume accountability for individual professional actions and judgments
Protect confidential information provided by clients
Safeguard the public and the profession against individuals deficient in professional competence or ethics
Assist with efforts to ensure conditions of employment consistent with the excellent care for animals
Remain competent in veterinary technology through commitment to life-long learning
Collaborate with members of the veterinary medical profession in efforts to ensure quality health care services for all animals.

A

National Association of Veterinary Technicians (NAVTA) Code of Ethics

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66
Q

requires close contact between the reservoir of the disease and the susceptible host. Examples are contact with infected skin, mucous membranes, or droplets from the infected animal or human, soil or vegetation that is contaminated.

A

Direct Transmission

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67
Q

This branch of veterinary ethics Refer to the search for correct principles of good and bad, right and wrong, and justice and injustice.

A

Normative Ethics

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68
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. 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.

A

The more emergent the animal’s needs are the more leeway exists to provide the emergency medical care.
The veterinarian attempted to reach the owner prior to medical care.
The extent of the emergency care required to stabilize the patient was reasonable.

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69
Q

A set of detailed methods, procedures and routines created to carry out a specific activity, perform a duty, or solve a problem.

A

Systems

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70
Q

The ADEA Age Discrimination in Employment Act applies to employers with ____ or more employees.
a. All employers no matter the number of employees
b. 10
c. 15
d. 20
e. 50

A

20

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71
Q

True / False
Any contract for the sale of real estate must have a written agreement, and cannot be oral.

A

True, as stated under the Statute of Frauds

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72
Q

This insurance Covers damage to the insured’s OWN property

A

Property Insurance

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73
Q

When one person demonstrates a willingness to enter into an agreement involving certain definite terms and invites the other party in the bargaining transaction to agree to the same terms, a legally sufficient _____ has been made.
a. Consideration
b. Offer
c. Express Acceptance
d. Implied Acceptance

A

Offer

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74
Q

What is the top complaint the Board of Veterinary Medicine receives?

A

Lack of Communication

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75
Q

What are the two types of sexual harassment?

A

Quid Pro Quo
Environmental sexual harassment

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76
Q

This is classified legally as a tort (a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another) that requires proof of four essential elements, and if any of the elements cannot be provided by a preponderance of the evidence then the cause of action fails.

A

Malpractice

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77
Q

Strategies and procedures put in place to protect confidential data from unauthorized access

A

Data Breach Risk Management

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78
Q

Regarding the four priorities of general emergency management, which one is the process of returning to normal after an emergency event. This could be a lengthy process.
a. Mitigation -
b. Preparation -
c. Response -
d. Recovery -

A

d. Recovery

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79
Q

A document that lists the names of the record series produced by your practice, along with their agreed retention periods and disposition methods.

A

Retention Schedule

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80
Q

Informed Consent

A

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

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81
Q

Which law requires employers to keep records on wages, hours and other information for at least 3 years?

A

FLSA Fair Labor Standards Act

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82
Q

This branch of veterinary ethics refers to the study of ethical views of veterinarians and vet professionals regarding their behavior and attitudes. Essentially what is right and wrong. Not what is moral or immoral in a professional’s behavior.

A

Descriptive Ethics

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83
Q

To get the most efficiency from a CPA at tax time, it is best to have obtained their services for tax planning prior to the end of the calendar year and to have all accounting records (QuickBooks or other software reports) to the CPA by when?
a. First week of January
b. Third or last week of January
c. First two weeks of February
d. Anytime during February

A

b. Third or last week of January

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84
Q

a living organism that transports infectious agents (fleas, ticks, mosquitos, etc)

A

Vetor

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85
Q

Title II of ERISA covers amendments to the Internal Revenue Code and is enforced by:
a. IRS
b. DOL
c. PBGC (Pension Benefit Guaranty Corp)
d. EEOC
e. FLSA

A

a. IRS

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86
Q

ADEA Age Discrimination in Employment Act

A

This law prohibits discrimination in employment because of age in such matters as hiring, job retention, compensation and other terms, conditions, and privileges of employment.

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87
Q

FMLA Family Medical Leave Act applies to employers with ____ or more employees
a. All employers no matter the number of employees
b. 10
c. 15
d. 20
e. 50

A

50

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88
Q

A type of Negligence where the client’s recovery is determined by the percent of negligence on the part of the client. If the client is found to be 25% negligent, then they will recover 75% of the total damages. Typically, if the client is found to be over 50% negligent the client cannot recover any damages

A

Comparative Negligence

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89
Q

This is a modification or adjustment to a job or to the work environment that enables a qualified person or an employee with a disability to participate in the application process or to perform the essential functions of the job.

A

Reasonable Accommodation

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90
Q

EEOC enforces anti-discrimination against employers of at least ___ # of employees

A

15 employees

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91
Q

True / False
If an employer suspects a candidate for employment may be an illegal immigrant, they may require proper documentation just from them. It is not required for all candidates.

A

False
If employer photocopies required documents for one employee, they must do it for all employees. Keep copies with original documents.

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92
Q

Belief systems of the practice. The cultural values that guide team members work for the practice

A

Core Values

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93
Q

True/False
Disclosures of ordinary facts not related to professional vet services can be made without authorization from an owner, such things as patient age, name, breed, species, sex and probably vaccination history and medications dispensed can be released without owner consent.

A

True

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94
Q

The action of reducing the severity, seriousness, or painfulness of something.

A

Mitigation

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95
Q

When a vet accepts custody of a clients pet, which party is the bailor and which is the Bailee?

A

Bailor is the client in this example, the vet is the Bailee

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96
Q

True / False
Medical records are the property of the practice, however they are considered privileged and confidential and should not be released except by court order or consent of the patient’s owner.

A

True

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97
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.
b. 14 – 16 year olds.
c. Any employee under 17 years of age.

A

a. 14 – 15 year olds.

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98
Q

A clause or statement that tries to prevent the creation of a warranty or contract

A

Disclaimer

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99
Q

What is the Purpose of the Professional Code of Ethics?

A

Purpose of the Professional Code of Ethics is to help members of a profession achieve high standards of behavior through moral consciousness, decision making and practice. It challenges us to determine right from wrong.

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100
Q

This Act allows qualified individuals to extend their health insurance benefit on a self-pay basis for a period of 18 months to 36 months after termination of employment - length of time depends on reason for termination

A

COBRA Consolidated Omnibus Budget Reconciliation Act

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101
Q

provide the most basic level of assurance that the accountant provides after obtaining a rudimentary knowledge of the vet industry and the services provided. The accountant will determine if there are any obvious departures from generally accepted accounting procedures.

A

Compiled Financial Statements

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102
Q

True / False
In a Covenant not to Compete the scope of activity is generally restricted and includes a time limitation and geographic restraint.

A

True

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103
Q

True / False
Employees can legitimately discuss client or patient information with The client, The client’s agent, The treating veterinarian, Other employees involved in the patients care.

A

True

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104
Q

the most common bacteria present in dog and cat bites

A

Pasteurella

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105
Q

What Act:
- Applies to every practice
- Requires any employee working more than 40 hours per week must be paid overtime
- Was Created to establish minimum wage, over-time pay standards and to regulate the employment of minors

A

FLSA Fair Labor Standards Act

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106
Q

This law makes it Unlawful for business to:
Hire for US employment any alien knowing that such person is unauthorized to work, or any person without verifying his or her work status
Continue to employ an alien knowing of such person’s unauthorized work status

A

IRCA Immigration Reform and Control Act

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107
Q

Veterinary Practice Act Laws cannot be changed easily. Proposed changes must be submitted to the ____ and _____ and ultimately signed into law by _________.

A

House and Senate
the Governor

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108
Q

What is the process for making changes to Veterinary Practice Act laws?
a. Only an 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.

A

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

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109
Q

This law states each eligible employee is entitled to a total of 12 work weeks of job protected, unpaid leave during a 12 month period.

A

FMLA Family Medical Leave Act

110
Q

Consists of all the obligations that professionals must respect when carrying out their duties. It includes the core values of the profession and the behavior that should be adopted. AKA Code of Professional Conduct.

A

Code of Ethics

111
Q

Which of the following will provide the courts with information to render a judgements for the practice to receive funds from an owner in an emergency situation where the client did not give consent (not available)
A. The more valuable the animal is the greater the chances for financial recovery
B. The more emergent the animals needs the more leeway exists to provide the emergency medical care
C. Photographs of the pet should be taken and documented to prove no unnecessary tx were performed
D. Attempts to reach the owner should be documented, by whom, time, date and number of occurrences.
E. Once patient is stable, only supportive care should be rendered

A

All of the above

112
Q

What is the Risk Assessment Equation?

A

Hazards + Vulnerabilities = Risk

113
Q

True / False
It is required by law for a veterinarian to provide emergency medical care to a pet, whether or not the owner is present

A

False
It is not required by law, but it is an ethical responsibility of a veterinarian. the duty to treat is only initiated once a valid VCPR has been established.

114
Q

The action of making new or secret information known

A

Disclosure

115
Q

How long does the FLSA require you to keep employee records on wages, hours and other payroll information.

A

3 years

116
Q

When there is an offer and counteroffer for treatments and payment between a DVM and a client, it is best to do this to show that sufficient common ground exists between both parties.
a. Perform a handshake
b. provide a written estimate
c. Give verbal acceptance of final offer
d. Notate in medical records agreed upon plan/offer

A

Written Etimate

117
Q

A person appointed to protect the interest of a minor or legally incompetent person in a lawsuit, or of an animal.

A

Guardian At Litem

118
Q

Under FMLA Family Medical Leave Act, what type of employees are counted towards the minimum number of employees to be subjected to FMLA?
a. Full-time
b. Part-time
c. Temporary

A

All
FT, PT, Temp

119
Q

When rising above Moral Distress and you are trying to Assess, what are the 4 R’s?

A
  1. Relevance - What impact could your action have (improved patient care, enhanced relationships?)
  2. Risk - What is the risk of not acting
  3. Rewards - Imagine how you will feel after acting
  4. Roadblocks - Make a written list of roadblocks to help identify strategies to avoid such as resistance to change, criticism, retaliation, and alienation
120
Q

Although there may have been no agreement ironed out by the parties, justice requires the enforcement of one’s promise when another party has justifiably relied upon that promise and changed its position, incurring substantial detriment.

A

Promissory Estoppel

121
Q

What are the three main details the FLSA was created to address?
a. Establish a minimum wage.
b. Prevent discrimination against age
c. Define overtime pay standards.
d. Enforce It’s the Law
e. Regulate the employment of minors.

A

a. Establish a minimum wage.
c. Define overtime pay standards.
Regulate the employment of minors

122
Q

True / False
Employees are obligated to maintain client/patient confidentiality even after they have left the employ of the practice.

A

True

123
Q

The ADEA Age Discrimination in Employment Act applies to employees age ___ and older.

A

40 years

124
Q

This Act protects employees’ health insurance coverage when they change jobs, limits exclusions for preexisting conditions, and prohibits discrimination against employees and dependents based on their health status

A

HIPAA Health Insurance Portability and Accountability Act

125
Q

When the defendant in a malpractice action may be able to show that the client was also negligent in the care of their animal. Proof of any degree of negligence may serve to eliminate recovery by the client.

A

Contributory Negligence

126
Q

developed specifically for a particular discipline, including rules, codes and conduct for the profession to follow. (one of the areas of Ethics on a team)

A

Professional Ethics

127
Q

True/False
The DOL may inspect places of employment randomly or after a complaint and they may inspect payroll records and interview employees.

A

True

128
Q

A healthcare service provider that support the work of a primary physician

A

Ancillary Service Provider

129
Q

When it comes to medical errors and the silencing of those errors, the AVMA and PLIT developed a model to facilitate discussions of full disclosure. The model is designed around the acronym TEAM. What does TEAM stand for?

A

Truth - Teamwork - Transparency
Empathy
Apology - Accountability
Management

130
Q

True / False
There is no duty to treat until a valid VCPR is established - not even in emergencies

A

True

131
Q

What Act provides funds that states can use to administer unemployment benefits

A

FUTA Federal Unemployment Tax Act

132
Q

Regarding the four priorities of general emergency management, which one involves actions taken in the face of an emergency situation
a. Mitigation -
b. Preparation -
c. Response -
d. Recovery -

A

c. Response

133
Q

Which posters are required to be posted by the DOL
a. Families First Coronavirus Response Act Paid Leave Notice
b. Fair Labor Standards Act FLSA and Minimum Wage
c. Equal opportunity provisions of the law
d. The Family and Medical Leave Act FMLA
e. OSHA Job Safety and Health Protection requirements (Right To Know)
f. The Employee Polygraph Protection Act EPPA
g. The Uniformed Services Employment and Reemployment Rights Act
h. Right to join/form unions and associations
i. And any state required posters.

A

All the above

134
Q

True/False
Disclosures of more detailed information like a patient’s history, exam findings, diagnosis, and full course of therapy should be withheld until the owner’s consent to provide information has been received.

A

True

135
Q

the living organism that provides the environment for the maintenance of the organism but may not be necessary for the organism’s survival

A

Host

136
Q

What does COBRA stand for?

A

COBRA Consolidated Omnibus Budget Reconciliation Act

137
Q

How long must an employer keep I-9 forms?

A

3 years after hire or 1 year after termination of employment, whichever is greater.

138
Q

The law of ______ is an extension of the law of negligence

A

Malpractice

139
Q

True / False
In most states, the vet records are owned by the veterinarian creating the medical record.

A

False
In most states, the vet records are owned by the practice, not the client or veterinarian creating the medical record.
Although the vet practice owns the medical record, the client’s sensitive information contained within the record is protected.

140
Q

What are the 3 types of job duties an employee must satisfy to be considered exempt?

A

Administrative Duties
Executive Duties
Professional Duties

141
Q

The health of the population as a whole, especially as monitored, regulated and promoted by the state

A

Public Health

142
Q

_____ Duties refer to an employee who’s primary duty must be the performance of work requiring advanced knowledge, defined as work that is predominantly intellectual in character and that includes work requiring the consistent exercise of discretion and judgment.
The advanced knowledge must be in a field of science or learning.
a. Administrative Duties
b. Executive Duties
c. Professional Duties

A

c. Professional Duties

143
Q

There are 4 types of moral problems in Veterinary medicine and they involve ethics in relation to:

A
  1. Peers
  2. Clients
  3. Animals
  4. Society
144
Q

True/False
The employer is not required to provide reasonable accommodation if the individual with the disability could perform the essential functions of the position.

A

False

145
Q

There are over ___ zoonotic diseases and ___% are known to cross species

A

1400 and 60%

146
Q

The continued possession, use, or control of something

A

Retention

147
Q

Title I of ERISA Employee Retirement Income Security Act, outlines reporting and disclosure obligations, minimum participation rules, vesting and funding requirements, and fiduciary standards, and is enforced by:
a. IRS
b. DOL
c. PBGC (Pension Benefit Guaranty Corp)
d. EEOC
e. FLSA

A

b. DOL Department of Labor

148
Q

This branch of veterinary ethics involve 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

A

Administrative Ethics

149
Q

Accidental injuries, illnesses, or deaths that arise out of employment, employers are required to provide compensation including salary and covering cost of reasonable and necessary hospital, surgical and medical expenses through what kind of insurance?

A

Workers Compensation

150
Q

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.

A

b. A concerned co-worker.

151
Q

True / False
For exempt employees, The full salary must be paid for any week in which the employee performs any work, but need not be paid for any workweek when no work is performed. If the employee is ready, willing and able to work, deductions may not be made for the time when work is not available

A

True

152
Q

What are the Four branches of Veterinary Ethics?

A
  1. Descriptive
  2. Official
  3. Administrative
  4. Normative
153
Q

The jurisdiction of the EEOC with regard to the Civil Rights Act only covers those employers with ___ or more employees, and FT or PT.

A

15 employees
both FT and PT

154
Q

True / False
The practice cannot dictate when employees post on their own social media sites, but the practice CAN establish professional guidelines with disciplinary consequences when violated.

A

True

155
Q

True / False
In most states The Principles of Veterinary Medical Ethics of the AVMA can actually be enforced by law.

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.

156
Q

True / False
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

False
because of the set schedule.

157
Q

What are the 3 categories of sex discrimination?

A

Gender
Pregnancy
Sexual Harassment

158
Q

AVMA Principles of Veterinary Medical Ethics - Based more on professional relationships one has with colleagues than moral and ethical issues relating to animals. This code contains sections including:

A

Professional Behavior
The VCPR
Attending, Consulting and Referring
Influence on judgment
Therapies
Genetic Defects
Medical Records
Fees and Remuneration
Advertising
Euthanasia

159
Q

The rationale for this element was that valid contracts could not be formed if the parties did not intend to form one. Under this theory of contracts, less importance is placed upon a party’s intent and more emphasis is placed on what a reasonable person in the position of one party would conclude from the conduct of the other.

A

Intent to Contract

160
Q

What Act provides safeguards for employee interest in any employer-sponsored retirement plan?

A

ERISA Employee Retirement Income Security Act

161
Q

Reasonable accommodations would include
a. Adjusting/modifying pre-employment exams and training programs
b. Job restructuring
c. Providing PT or modified work schedules
d. Making work and nonwork areas accessible and usable
e. Providing accommodation aids such as telephone headsets, electronic visual aids, magnifiers, and telephone amplifiers
f. Providing assistance such as interpreters
g. Providing reserved parking spaces

A

All of the above

162
Q

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.

A

c. It depends on what the agreement was with the practice.

163
Q

In 1980 this Act was created with the goal to guarantee the freedom to compete.

A

The Sherman Antitrust Act

164
Q

What are the three situations where the capacity to make a valid contract would be questioned?

A

Minority, Mental Disability, Intoxication/Substance Abuse

165
Q

True / False
ERISA Employee Retirement Income Security Act requires employers to provide benefit plans

A

False
ERISA does NOT require employers to provide benefit plans, BUT it does impose requirements to protect the rights of participants.

166
Q

a very detailed and lengthy process that uses a sampling of historical financial data to provide the highest level of assurance that the financial statements present a fiar documentation of the business financial position

A

Audited Financial Statements

167
Q

True / False
The law of Unjust Enrichment was created to avoid unjust enrichment of one party at the expense of another (owner receives emergency vet care at the vets expense).

A

True

168
Q

True / False
If the practice is a sole proprietorship, the owner does not need to fill out an I-9

A

True

169
Q

_____ Duties refer to an employee who’s Primary duty is Management of the practice and directs work of two or more employees, customarily recognized department or subdivision of the practice.
Includes employees with at least a bona fide 20% equity interest in the practice who are actively engaged in management of the practice. The salary level and salary basis requirements do not apply to exempt 20% equity owner executives.
a. Administrative Duties
b. Executive Duties
c. Professional Duties

A

b. Executive Duties

170
Q

There are five strategies to reducing the potential of a malpractice lawsuit and they include continuing education, maintaining thorough medical records, practicing informed consent and what two others?

A

Staff Training
Referrals

171
Q

Lawsuits for vet malpractice must be filed within a certain period of time following the alleged act of negligence. If the defendant can show that the action was not filed within the allowed time period, the court will grant a motion for summary judgment and the action will be dismissed.

A

Statute of Limitations

172
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. Civil Rights Act Title VII
b. ERISA
c. EEOC

A

b. ERISA – Employment Retirement Income Security Act.

173
Q

True / False
Under common law, an acceptance must conform precisely to the terms of the offer. If it varies from those terms, it fails as an acceptance and instead becomes a counteroffer.

A

True

174
Q

A clear statement of agreement to the terms offered that establishes an Express Contract

A

Express Acceptance

175
Q

Who is responsible for the interpretation and application of the competitive objectives of the anti-trust laws?
a. The Courts
b. The Department of Justice
c. The Federal Trade Commission

A

all: The courts, Department of Justice, Federal Trade Commission

176
Q

All federal and state anti-trust legislation preserve the underlying principle that our nation shall function under what type of business economy?
The basic unifying principle of these statutes is to ensure economic freedom for competitors and consumers

A

Competitive business economy

177
Q

Ethical, legal or moral responsibility of conduct, function or performance, that usually arises from an implied contract

A

Duty

178
Q

_____ Duties refer to an employee who’s Primary duty is the performance of office or non manual work directly related to the management or general business operations of the employer or the employer’s clients
Primary duty includes the exercise of discretion and independent judgment with respect to matters of significance
Examples of management or general business operations: tax, finance, accounting, budgeting, auditing, insurance
a. Administrative Duties
b. Executive Duties
c. Professional Duties

A

Administrative Duties

179
Q

This law prohibits employment discrimination against persons with disabilities.
The Act imposes on employers an affirmative duty to make reasonable accommodations for applicants and employees with disabilities.

A

ADA Americans with Disabilities Act

180
Q

The duty of keeping secret or private information pertaining to a patient’s health that was obtained during the formation of a diagnosis, treatment, or prognosis of the animal.

A

Confidentiality agreement (aka nondisclosure agreements)

181
Q

Moral Distress occurs when…

A

You know the ethically appropriate action to take, but you are unable to act on it
You act in a manner contrary to your personal and professional values, which undermines your integrity and authenticity

182
Q

Principles accepted by society at large and codified into laws and regulations. Ex murder, rape, stealing, ordinances regarding pet ownership. (one of the areas of Ethics on a team)

A

Social Ethics

183
Q

True / False
ERISA Employee Retirement Income Security Act requires employers to provide benefit plans

A

False
ERISA does NOT require employers to provide benefit plans, BUT it does impose requirements to protect the rights of participants.

184
Q

When a pet owner gives authority to another person to request goods or services for the owner.

A

Agency and Consents for Routine Care

185
Q

What statute requires the production of a written memorandum before the courts will enforce certain types of contracts (as opposed to an oral contract)
a. Statute of Tort Law
b. Statute of Limitations
c. Statute of Frauds

A

c. Statute of Frauds

186
Q

What Four elements must be proven for a malpractice
a. Duty - Existence of a valid VCPR
b. Breach of Duty - Failure to practice the standard level of care
c. Proof - Witness(es) to presumed malpractice
d. Proximate cause - the connection between the negligent act of the practitioner and the harm to the patient or client
e. Justification - Perception from client of wrong doing by vet
f. Damages - Harm that occurred to the patient as a result of substandard care

A

a. Existence of a valid VCPR
b. Failure to practice the standard level of care
d. Proximate cause
f. Damages - Harm that occurred to the patient as a result of substandard care

187
Q

True / False
The veterinarian or practice can be held liable for transmission of a zoonotic disease

A

True

188
Q

When it comes to the Law of Agency; what two scenarios are considered likely to be common in veterinary medicine?
a. Agency and Consents for Care
b. Agency and Consents for Euthanasia
c. Agency and Consents for Records
d. Agency and Consents for Treatment

A

a. Agency and Consents for Care
b. Agency and Consents for Euthanasia

189
Q

True / False
If minors enter into contracts, either party of the contract may disaffirm or void the contracts.

A

False
If minors enter into contracts, only they - not the adults with whom they contracted - may disaffirm or void the contracts, even if the minor misrepresented their age at the time of the contract.

190
Q

Once a VCPR is established, treatment must continue until:
a. The animal recovers
b. The bill has been paid
c. The practitioner has completed all the tx that was agreed upon
d. The client refuses recommendations by the vet
e. The animal dies
f. The client terminates the VCPR
g. The responsibility for tx is transferred to another practitioner with the consent of the client
h. The vet refuses to consult with the client any longer

A

a. The animal recovers
c. The practitioner has completed all the tx that was agreed upon
e. The animal dies
f. The client terminates the VCPR
g. The responsibility for tx is transferred to another practitioner with the consent of the client

191
Q

True / False
There must be a written contract to lease any land or building for any specified amount of time.

A

False, only leases longer than 1 year must be a written contract according to the Statue of Frauds

192
Q

True / False
In veterinary medicine there is a privilege to withhold information in either civil or criminal cases.

A

False
In veterinary medicine there is no privilege to withhold information in either civil or criminal cases.
The legal system does recognize, however, confidential relationships between vets and clients. Practitioners who breach the integrity of this relationship can be liable for damages.

193
Q

What 2 elements are essential for the creation of a bailment?

A

There must be physical delivery of the property from the Bailor to the Bailee
There must be a knowing acceptance of possession of the property by the Bailee

194
Q

a mode of transmission of infection from reservoir to host (food, water)

A

Vehicle

195
Q

In regards to a medical malpractice lawsuit; if a client fails to confine a dog after surgery, or there is proof of any degree of medical negligence by the client, it may eliminate financial recovery for the client in a lawsuit. What term supports this theory?
a. Duty Negligence
b. Contributory Negligence
c. Negligent Forbearance

A

b. Contributory Negligence

196
Q

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

A

b. Law of Agency

197
Q

Which of the statements about the Sherman Antitrust Act is NOT true?
a. The Act restrains interstate commerce with routine inspections of both cargo and the documentation of the shipment’s source
b. The Act preserves the underlying principle that our nation shall function under a competitive business economy
c. The Department of Justice has a wide degree of interpretation and application of the law
d. Labor unions are legislatively exempted for the Act

A

a. The Act restrains interstate commerce with routine inspections of both cargo and the documentation of the shipment’s source

198
Q

defines what is right or wrong on an individual basis. Ex beliefs and values as they relate to relationships and marriages. (one of the areas of Ethics on a team)

A

Personal Ethics

199
Q

The ADA American with Disabilities Act includes which areas of employment?
a. job application procedures
b. hiring
c. advancement
d. discipline
e. discharge
f. compensation
g. job training
h. leave
i. benefits

A

All of the above

200
Q

Which of the following is not a required labor law poster?
a. Consolidated Omnibus Budget Reconciliation Act (COBRA)
b. Fair Labor Standards Act and Minimum Wage
c. Equal opportunity provisions of the law
d. The Family and Medical Leave Act
e. OSHA Job Safety and Health Protection requirements
f. The Employee Polygraph Protection Act
g. The Uniformed Services Employment and Reemployment Rights Act
h. Right to join/form unions and associations

A

a. Consolidated Omnibus Budget Reconciliation Act (COBRA)

201
Q

Who is exempt to overtime pay?
a. Minors
b. Exempt Employees
c. Managers
d. Veterinarians
e. Any salaried employee

A

b. Exempt Employee

202
Q

The identification, assessment, and prioritization of risks followed by coordinated and economical application of resources to minimize, monitor, and control the probability of said risk

A

Risk Management -

203
Q

True / False
In reference to disease transmission; fleas, ticks and mosquitos are considered vectors

A

True

204
Q

True / False
A client’s consent to release patient information is consent to release medical, financial and personal identification information on the client.

A

False
A client’s consent to release patient information is not consent to release financial or personal identification information on the client.

205
Q

A clear statement of agreement to the terms offered is called a what?
a. Express Acceptance
b. Implied Acceptance

A

a. Express Acceptance

206
Q

Employees should be instructed that they are not to discuss client confidences or patient information with any person other than:
a. The client
b. The client’s agent
c. The treating veterinarian
d. Other employees involved in the patient’s care
e. Veterinarian social networks such as VIN, Vet Moms, etc
f. Family members of the client

A

a. The client
b. The client’s agent
c. The treating veterinarian
d. Other employees involved in the patient’s care

207
Q

True/ False
If harassment happens in the workplace without the employers knowledge, the employer cannot be held responsible for such actions.

A

False
the Employer can be held responsible for the actions of employees, clients and vendors

208
Q

Title II of ERISA covers amendments to the Internal Revenue Code and is enforced by:
a. IRS
b. DOL
c. PBGC (Pension Benefit Guaranty Corp)
d. EEOC
e. FLSA

A

a. IRS

209
Q

Who has created a model Practice Act that most states follow, consists of 25 sections

A

AVMA

210
Q

Having a process by which your organization identifies and understands the risks to which you are exposed when it comes to human resources activities. It also means having deliberately evaluated the risks and have strategy in place to remove the risk altogether, reduce the likelihood of the risk happening or minimize the harm in the event that something happens.

A

Human Resource Risk Management

211
Q

Can a bailment be oral as opposed to written?

A

Yes

212
Q

When two parties have made and signed a written contract, and included a clause within the agreement stating that the writing represents the entirety of the contract, oral testimony aimed at altering or contradicting the terms of the writing will not be permitted.

A

Parol Evidence

213
Q

True / False
A claimant is Disqualified if an employee voluntarily quit job without good cause, was discharged for misconduct, or refused an offer of suitable work.

A

True

214
Q

Who enforces FLSA Fair Labor Standards Act?

A

DOL Department of Labor

215
Q

What is the primary duty of the Bailee?

A

To return the animal in a least as good condition as it was when it was received

216
Q

What is the sneaky 4th element of a contract?
a. Contract final agreement.
b. Intent to contract
c. Agreement to complete

A

b. Intent to contract

217
Q

If we accept a position in a practice that provides a service that we personally feel is immoral or unethical, we are allowing our ethics to be compromised. This can cause
a. Moral Distress
b. Ethics Exhaustion
c. Burn Out

A

Ethics Exhaustion

218
Q

This Act Prohibits most private sector employers from directly or indirectly requiring an employee or prospective employee to take any lie detector test

A

EPPA Employee Polygraph Protection Act

219
Q

To permit, approve, or agree.

A

Consent

220
Q

A form of mutual respect among people in the same line of work

A

Professional Courtesy

221
Q

Which posters are required to be posted by the DOL
a. Families First Coronavirus Response Act Paid Leave Notice
b. Fair Labor Standards Act FLSA and Minimum Wage
c. Equal opportunity provisions of the law
d. The Family and Medical Leave Act FMLA
e. OSHA Job Safety and Health Protection requirements (Right To Know)
f. The Employee Polygraph Protection Act EPPA
g. The Uniformed Services Employment and Reemployment Rights Act
h. Right to join/form unions and associations
i. And any state required posters.

A

All of the above

222
Q

A promise or commitment made in reasonably certain terms to do ro refrain from doing some specified thing in the future.

A

Offer

223
Q

This law Involves a person (agent) who has been authorized to act on behalf of another

A

Law of Agency

224
Q

A vet that uses healing practices and products that work in conjunction with traditional medicine

A

Complementary Practitioner

225
Q

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

A

Informed Consent

226
Q

What should be included when Creating Standard Operating Procedures for Ethics/Law and how to avoid complaints to the board of Vet Med

A

Develop a hospital policy regarding the shredding of confidential documents
Develop liability release forms for volunteers, interns and students
Follow AVMA for current updates regarding the Fairness To Pet Owners Act and compounding regulations
Develop medical records standards, including SOAP format, abbreviations, data entry, and required password protection
Develop standard protocols to handle client communication, conflict, and complaints
Ensure practice protocols meet state requirements daily, not just when inspected

227
Q

When a practice has given information to a client regarding the proposed tx, allowing the client to make an informed decision.

A

Informed Consent

228
Q

A document that describes in detail the process and systems that a company uses to produce its goods and provide its services

A

Operations Manual

229
Q

Does the VHMA have a Code of Ethics?

A

Yes

230
Q

What are the Three ethical areas that affect each team and its members?

A
  1. Social
  2. Personal
  3. Professional
231
Q

In the 4 A’s of rising above Moral Distress, what does it mean to Ask

A

Ask - Reflect on your present feelings and ask yourself questions to determine whether Moral Distress is present

232
Q

The difference in laws and ethics lies in enforcement; the ______ enforces laws. The _______ that develop the ethics enforce the ethics.

A

Government
Professional Associations

233
Q

A philosophy and systematic intellectual approach to behavior. Moral principles that govern the behavior of the veterinary practice and its employees

A

Ethics

234
Q

A disease that may be directly or indirectly transmitted to humans from wild or domestic animals

A

Zoonosis

235
Q

The relationship that exists when a veterinarian has assumed the responsibility for making medical judgment 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 her instructions.

A

Veterinary-Client-Patient Relationship VCPR

236
Q

Consists of inquiries of practice employees and analytical procedures applied to the financial data. It is a significantly less detailed service than the audit and is focused on confirming that the practices financial statements are in conformity with generally accepted accounting principles, or the CPA will identify the modifications that must be made to successfully conform.

A

Reviewed Financial Statements

237
Q

The illegal use of someone else’s personal information especially in order to obtain money or credit

A

Identity Theft

238
Q

Regarding the four priorities of general emergency management, which one involves planning and training action steps that develop the capacity to respond to threats.
a. Mitigation -
b. Preparation -
c. Response -
d. Recovery -

A

b. Preparation

239
Q

What are the three elements to a contract

A

Offer, Acceptance, Consideration

240
Q

The process of identification, analysis and either acceptance or mitigation of uncertainty in client decision-making.

A

Client Risk Management

241
Q

True / False
Employees or vets who have left the employment of the practice (voluntarily or involuntarily) generally cannot take or copy in whole or in part, any client/patient information such as client lists, patient files, etc. There are circumstances in which doing so may lead to a civil lawsuit and or disciplinary action.
However, Departing or retiring shareholders, owners, or partners MAY be permitted to take client lists and information with them depending on what the agreement was with the company.

A

True

242
Q

The risks of liability center on causes of action. Define those two causes of action.

A
  1. The tort of outrageous conduct
  2. The right not to have one’s sensibilities shocked
243
Q

The law of Negligence requires proof of four essential elements: 1. establishing the DVM had a duty to prevent injury, 2. establishing that the duty was violated, 3. there is reasonable causation between the DVMs conduct and the resulting injury. What is the fourth element?
a. Proof that the conduct was willful and purposeful
b. Proof that the injury could have been prevented by reasonable actions
c. Proof that actual damages occurred
d. Proof that culpability lies specifically and only with the accused DVM

A

c. Proof that actual damages occurred

244
Q

Regarding the FMLA; define an eligible part-time employee.
a. Employee that works less than 35 hours a week
b. Employee who works twenty or more calendar weeks in the current or previous year.
c. Employee who plans or is contracted to work a minimum of 6 months in the current year

A

b. Employee who works twenty or more calendar weeks in the current or previous year.

245
Q

This law seeks to preserve jobs for American citizens and immigrants who are authorized to work in the US

A

IRCA Immigration Reform and Control Act

246
Q

Who pays into FUTA Federal Unemployment Tax Act?
a. Employer
b. Employee
c. Both

A

a. Employers only pay taxes

247
Q

True / False
A practitioner has a legal duty to render tx to any animal during an emergency.

A

False

248
Q

People do or promise to do something they were not legally obligated to do, or refrain or promise to refrain from something that they had a legal right to do.
a. Implied Acceptance
b. Express Acceptance
c. Offer
d. Consideration
e. Acceptance

A

Consideration

249
Q

This Act Provides for fairness and consistency between medical and surgical benefits and mental health benefits
Employers are required to offer the same benefits for mental insurance as they do for health insurance

A

Mental Health Parity Act

250
Q

Failure to act in a required or promised way regarding trusted or private information

A

Breach of Confidentiality

251
Q

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 plaintiffs 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 causal connection existed between the defendant’s 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

all

252
Q

What are two basic types of insurance coverage for a practice?

A
  1. Liability coverage
  2. Property Insurance
253
Q

To be in violation of the Sherman Antitrust Act there must be proof of a contract, combination, or conspiracy that restrains interstate trade of commerce. If two local vet 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?

A

No. Those practice could still be found guilty of restraining interstate trade or commerce even if the activity is purely local but the activity affects interstate commerce.

254
Q

Title IV of ERISA Establishes a pension plan benefit insurance program for underfunded or terminated plans and is administered by
a. IRS
b. DOL
c. PBGC (Pension Benefit Guaranty Corp)
d. EEOC
e. FLSA

A

c. PBGC Pension Benefit Guaranty Corp

255
Q

True/False
According to The AVMA Code of Ethics, many state boards and regulatory agencies it is not a requirement of veterinarians to educate the public regarding zoonotic diseases

A

False
It IS a requirement

256
Q

This law Requires the production of a written memorandum before the courts will enforce certain types of contracts (as opposed to an oral contract)

A

Statute of Frauds

257
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. Code of Ethics
b. AAHA
c. PVME
d. PLIT

A

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

258
Q

What is the 2nd “A” when trying to rise above Moral Distress
a. Assess
b. Affirm
c. Acknowledge
d. Awareness

A

Affirm

259
Q

A person who establishes and maintains communication between mutually beneficial entities

A

Liaison

260
Q

This type of harassment Occurs when submission to or rejection of unwelcome sexual conduct is used as the basis of employment decisions affecting the individual

A

Quid Pro Quo sexual harassment

261
Q

This branch of veterinary ethics involve the creation of the official ethical standards adopted by professional organizations and imposed on its members. AVMA, VHMA Code of Ethics

A

Official Ethics

262
Q

I pledge myself to:
Comply with the principles and declarations of the VHMA code of professional ethics.
Maintain and promote the profession of veterinary practice management.
I will assure my continued growth and development as a professional by utilizing, to the highest extent possible, the facilities offered to me for continuing the professional education and refinement of my management skills.
Seek and maintain an equitable, honorable and co-operative association with fellow members of the VHMA, and with all others who may become a part of my business and professional life.
Play a fundamental role in maintaining excellence and quality of care to our clients and their animals. Place honesty, integrity and industriousness above all else, and gainfully pursue my profession with diligent study and dedication so that service to my employer shall always be maintained at the highest possible level.
Keep all information concerning the business or personal affairs of my employer confidential, except as may otherwise be required or compelled by applicable law or regulation.
Protect the employer’s funds and property under my control.
Information gathered, maintained or produced within the veterinary practice is the property of the practice owner and will not be reproduced, shared or distributed outside of the practice without consent of the owner.

A

VHMA Code of Ethics:

263
Q

What does ERISA stand for?

A

ERISA Employee Retirement Income Security Act

264
Q

This Act allows qualified individuals to extend their health insurance benefit on a self-pay basis for a period of 18 months to 36 months after termination of employment - length of time depends on reason for termination

A

COBRA Consolidated Omnibus Budget Reconciliation Act

265
Q

The AVMA Principles of Veterinary Medical Ethics is an example of what branch of ethics?
a. Descriptive.
b. Official.
c. Administrative.
d. Normative.

A

b. Offical

266
Q

This has occurred when the party to whom the offer was made makes the return requested in the offer, typically money

A

Acceptance

267
Q

What does ERISA stand for?

A

ERISA Employee Retirement Income Security Act

268
Q

______________ 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

A

b. Quid Pro Quo

269
Q

This law states discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under the Civil Rights Act. The basic principle of the act is that women affected by pregnancy and related conditions must be treated the same as other applicants and employees, on the basis of their ability or inability to work.

A

The Pregnancy Discrimination Act of 1978

270
Q

What is the minimum salary for an employee to be considered for exemption to OT?

A

$455 per week

271
Q

This law prohibits discrimination in employment because of age in such matters as hiring, job retention, compensation and other terms, conditions, and privileges of employment.

A

ADEA Age Discrimination in Employment Act

272
Q

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

A

Antitrust Laws

CVPM Practice Questions by SB (7 decks)

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