Laws And Ethics Flashcards
Privacy Act of 1974
No agency shall disclose any record which is contained in the system of records by any means except pursuant to a written request
Average credit card fee benchcmark
1.5% of gross revenue
Explain the prescription limitations of the schedule II drug
Can only fill enough for 30 days, no refills, must have a new written rx every month
Explain the prescription limitations for schedule III, IV, and V medications
Rx May only be for 30 days, may have up to 5 refills
What are the five areas that must be focused on with managing controlled substances?
Registration, security and protection, reporting of losses, recordkeeping, and substance disposal
What testing should employees undergo that handle controlled drugs
Background screening and drug testing
What are the things required on a prescription label?
1-name of prescriber
2name and address of dispenser (clinic)
3-name of patient
4-date dispensed
5-quantity/volume dispensed
6-name of medication
7–strength of medication
8–directions for use
9–expiration date
Licensee
Someone who enters the premises, but does so for his or her own purposes, rather than for the benefits of the business owner
Examples are social guests or public utility repair personal
Attractive nuisance doctrine
A condition on the premises that may be reasonably seen as attractive. It is a source of danger, especially to a child.
Product liability
Liabilities arising from the products they dispense, especially if the products have been altered in anyway
What are the conditions of an implied warranty of merchantability?
The seller is the one who ordinarily sells such goods, and the warranty has not been valid the excluded or modified
What is the restatement of torts?
If a product is sold in a defective condition and recently dangerous to the user, the seller may be subject to liability for harm caused
What is contributory negligence?
Negligence on the part of the client in the use administration, stores, or mixing of the drug
What medical factors influence the need for consent?
Age of patient physical condition of patient
likelihood of the undesired, side effect,
seriousness of the side effect, is side effect fatal,
is patient pregnant
How are court cases named
The names of the parties to the lawsuit, and a small v
Legal term for the principle, by which judges are obliged to respect the legal precedents establish by prior decisions
Stare decisis
The FDA center for veterinary medicine is responsible for regulating most animal health products and what else?
Animal feeds
A drug must meet what condition to qualify as a veterinary prescription drug?
In the possession of a licensed veterinarian for use in the coarse of professional practice
What is failure of a omission
Omission occurs whenever there’s a failure to meet the excepted medical standards, such as the exclusion of a medically indicated diagnostic procedure or treatment
What are the three types of damages that can be awarded in a veterinary lawsuit?
Nominal, compensatory, punitive
Veterinary client, patient relationship definition
Veterinarian has recently seen, or is acquainted with the keeping in care of the animal(s)
Why is it difficult to predict the outcome of veterinary court cases
Caselaw is based upon legal opinion and subject to interpretation
When considering negligence and malpractice disputes, case law and precedence are set at which of the following trial levels are the court system
Appellate level
In which US court are most veterinary lawsuits heard
County Court
You wish to file a lawsuit against a client for services under $5000 which Court would your case go to trial?
County Court
Under which law do most cases that involve any professional liability, originate from
 Law of malpractice
What is the correct definition of negligence?
The doing of an act that a person of normal prudence would not have done under similar circumstances
How does the law of negligence pertain to professional behavior?
A pertains to the way professionals run their businesses
What is the Sherman act?
Provides that any at all contract which restricts trade is illegal
What are the four main types of moral problems that veterinary medical professionals face
Peers clients, animals society
How many states offer reciprocity for veterinary licenses?
Nine
How many if any states with the state portion of the examination for first time veterinary applications?
6
Which of the following courts is not found under the special courts— traffic, juvenile, small claims, probate
Small claims court
What are the two courts in which veterinary cases may be heard?
County court, special court
What a veterinarian applies for license for the first time which three documents are required
Application, diploma, and certification of graduation
Adulterated drugs
Drugs that contain unsanitary components, lack of adequate control in manufacturing, different strength from official compendium, or that are mixed drugs
Misbranded drugs
Drugs in which the labeling is false or misleading,
Generic
FDA approved, which requires a demonstration of bioequivalence of safety and efficacy with the original drug product
Four conditions when the FDA approves compounding medications
1–the vet believes there is a need to alter the approved drug
2–established VCPR
3–individual patient has a medical condition for which a perceived medication is needed
4–
What are three situations wheee the capacity to make valid consent would be in question?
Minority
Intoxicated
Mentally unstable
Law of agency
When a person has been authorized to act on behalf of another
Three types of ethics
Social, personal, professional
Purpose of professional code of ethics
To help members as a profession, achieve high standards of behavior through Morals, consciousness, decision, making and practice
What are the four branches of veterinary ethics?
Descriptive, official, administrative, normative
Descriptive ethics
Refers to the study of ethical views of veterinarians in veterinary professionals, regarding their behavior and attitude essentially what is right and wrong
Official ethics
Involves the creation of the official ethical standards, adopted by professional organizations and imposed on its members
Administrative 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.
Normative ethics
Refer to the search for correct principles of good and bad, right, and wrong, and justice and injustice
What are the four types of moral problems in veterinary medicine?
Peers, clients, societies, and animals
Veterinary practice act
A state law codified into regulations, describing what license and not license employees can, and cannot do, as well as acceptable medical standards, as it relates to veterinary medicine
Who enforces veterinary practice acts
The State veterinary medical board
How do you change the veterinary practice act laws
Proposed changes must be submitted to the house and senate and ultimate signed into law by the governor
Informed consent
When a practice has given information to client regarding the proposed treatment, allowing the client to make an informed decision
Name several elements of informed consent
1-consent must be given freely
2-tx and diagnosis must be given an understandable terms
3-the risks, benefits, and prognosis must be stated
4-the prognosis, if no tx, is selected must be stated
5-practice must provide alternative treatments, including risks, benefits, and costs
6-the client must be given an opportunity to ask questions and have them answered
Why was the lot of unjust enrichment created?
To avoid unjust enrichment of one party at the expense of another (honor receive emergency, veterinary care at the veterinarians expense)
What elements are considered when applying unjust enrichment?
1-the more valuable the animal is the greater the chances for financial recovery
2-the more emergent the animals needs are the more leeway exist to provide emergency medical care
3-the veterinarian attempted to reach the owner prior to care
4-the extent of the emergency care required to stabilize the patient was reasonable
The extent of documentation of 2, 3, 4 will have significant bearing on the outcome of the court case
when does moral distress occur?
—you know the ethically appropriate action to take, but are unable to act upon it
— you act in a manner contract to your personal and professional values, which undermines your integrity and authenticity
What are the four ways to rise above moral distress?
Ask, affirm, assess, act
When determining how to act on a situation, what should you consider?
Relevance, risk, rewards, Roadblocks
What is ethics exhaustion with?
Fatigue, emotional distress, and the lack of Welch continue to act in a way that is consistent with what you believe is the right to do
What are the most common complaints to the veterinary board?
—Unsatisfied experience,
—lack of communication,
—unexpected death,
—conduct, recordkeeping, premises, and pharmaceutical issues
The AVMA principles of veterinary medical ethics is an example of what branch of ethics?
Official
What is the process for making changes to the veterinary practice act?
Proposed changes must be submitted to the House and Senate and ultimately signed into law by the govenor
I. Regards to Unjust Enrichment—the legal system will look for which of the following elements before considering applying the law to the situation?
A— the more emergent, the animals needs are there more leeway exist to provide an emergency medical care
B— the vet attempted to reach the owner prior to medical care
C— the extent of the emergency care required to stabilize. The patient was reasonable.
All of the above
What is the first A in the 4 A’s to rise above moral distress
1 ask
2 affirm
3 assess
4 act
____ occurs when you know the ethically appropriate action to take but are unable to do so or act in a manner that does not agree with your personal or professional ethics
Moral distress
If a driver hits a loose dog with their car and bring it to your practice, are you legally responsible to stabilize the patient or euthanize To relieve suffering if the owner is unknown and a veterinary client patient relationship has not been established
No
T/F. Having a client sign off on a surgical consent form is adequate proof of informed consent
False
Which of the following are the most common complaints to the board of veterinary medicine?
A— cost of treatment
B— unsatisfied experience
C— lack of communication
D— unexpected death
E— recordkeeping
F— termination of the VCPR by the veterinarian
B C D E
What does contract law deal with?
Duties established by individuals as a result of contractual agreement. simply stated it is in agreement that create an obligation
What are the three elements of a contract?
The offer, acceptance, consideration
Define the types of acceptance
A— express acceptance— a clear statement of agreement to the terms offered that establishes an express contract
B— implied acceptance— no direct statement of agreement, but is demonstrated by actions indicating acceptance of the offer, leading to an implied contract
What is the fourth element of a contract?
An intent to contract
Explain promissory estoppel
Although there may be no formal agreement, justice requires the enforcement of one’s promise with another party, has justify believe live on that promise, changed its position, and incurred substantial detriment (story of the new that without written contract)
What are the situation(s) with the capacity to make a valid contract could be questioned
1: minority
2: mental disability
3: intoxication/substance abuse
What is a statute of frauds
Requires a production of a written memorandum before the courts wouldn’t force certain types of contracts
What types of contracts should be written?
Sale of real estate, leases for longer than one year, contracts not to be performed within the year, contracts, to answer the death of another, contract for the sale of goods over a specified price
Explain parole evidence
When two parties have made, and signed a written contract and included in the agreement, a clause stating that the writing represents the entirety of the contract, oral testimony aimed at altering or contradictory in the terms of the writing will not be permitted
What is a covenant not to compete?
An agreement between two professionals limiting the ability to practice medicine within the established area, for specified time, if we should leave the practice
What is a guardian ad litem?
A person appointed to protect the interest of a minor, or legally incompetent person in a lawsuit, or in this case of an animal
A Clear statement of agreement to the terms offered is called a what
Express acceptance
T /F in a covenant not to compete. The scope of activity is generally restricted, and includes a time limitation and geographic restraint.
True
What laws involve a person who has been authorized to act on behalf of another!
Law of agency
THe controlled drug with a high potential for abuse and severe dependent, but does have currently acceptable medical uses in the US would be in what schedule of narcotics
Schedule I
T / F. A non-veterinary staff member may prescribe any non-controlled drug directed to do so by a license veterinarian who employs them and if the veterinary directly supervise the staff member.
False
Under what for conditions will many states allow a non-veterinary staff member to administer control drugs
1 they are agents or employees of the registered practitioner
2 they are performing a task in the usual course of business
3. They are acting under the direction of a license veterinarian.
4. They are under the direct supervision of a licensed veterinarian.
What is the process for lending a fellow veterinarian a schedule two drug?
Must use the DEA 222 form. Copy, three of the form stays with the vet who received the drug. Copy 1 stays with the vet, supplying the drug. Copy 2 is sent to the DEA.
Regarding the DEA form 222, what is the correct destination for each of the three copies
1 and 2: must be submitted to the supplier
3: retained by the registrant
Supplier keeps copy 1 sends copy 2 to DEA
List two steps to take when a control drug has been lost or stolen
Registrants are required to notify the regional office of the DEA using a form 106
The local police department should also be notified
Give an example of an adulterated drug
A practitioner takes two or more FDA approved drugs and mixes them in one syringe or bottle
List the five label requirements for prescription drugs (from
Manufacturer)
1 “ caution federal law of restricts this drug to use by, or on the order of a licensed veterinarian”
2 recommended dose and route administration
3 quantity, or proportion of each active ingredient
4 names of all in active ingredients, if drugs is for non-oral use
5 identify lot or control number from which it is possible to determine the complete manufacturing history of the drug
T :F in regards to an OSHA inspection employers have the right to deny access to specific areas of the building to avoid disturbing the business process
False. Employers have the right to require a warrant, or to request a postponement, but not deny access once the inspection has begun.
A veterinary acupuncturist leases space from a general practice. Does the general practice need to share the hazard assessment from their department even if the acupuncturist works in a separate part of the building?
Yes all separate businesses within a shared space let’s create a hazard assessment for the entire area
When two businesses share a space, what must they share or address?
Each separate entity must provide the other with her safety, data sheets or store all safety data sheets for the building in a central location
List the five elements on hazardous chemical plan
- Must be in writing.
- A complete list of all hazardous chemicals must be maintained.
- Safety data sheets library.
- All containers properly labeled.
- Staff training.
Negligence is defined as the doing of some action that a person of ordinary prudence would not have done under the same circumstances, or the failure to do with a person of ordinary prudence, would have done under the same circumstances
Of all the types of legal action in tort law, veterinarians are most likely to occur some degree a professional liability from the law of negligence. The law of malpractice is an extension of the law of negligence; therefore, to understand the malpractice law showing knowledge of negligent was necessary. The law of negligence requires proof of four essential elements. What are they?
- establishing a duty to prevent entry from occurring
- Establishing that duty was violated by failing to act in accordance with the standard of care.
- Showing that a reasonably close causal connection existed between DVM’s contact and the resulting injury.
- Proving that the actual damage or harm occurred to the interest of the other person.
Who is responsible for the interpretation and act location of the competitive objections of the Sherman, antitrust act of 1890
The courts,
department of Justice,
the federal trade commission
What was the goal of the Sherman antitrust act?
Guarantee, freedom to compete
There are two rules. The court we use for making a ruling regarding anti-trust laws. What are they?
The per se rules
The rule of reason
P182 law and ethics book
To be in violation of the Sherman antitrust act, there must be price of a contract, combination, or conspiracy that restrains interstate, trade or commerce. If two local veterinary practices conspire to set fees, would they be free from the Sherman antitrust act requirements? why or why not?
No, those practices could be found guilty of restraining interstate trade or commerce even if activity is pretty local, but the activity effects interstate commerce.
Performing a necropsy without the owners consent is a high risk liability. The risks of liability center on causes of action; define those two causes of action.
- The tort of outrageous conduct
- The right not to have one’s sensibilities shocked
What are the four requirements for an adverse drug event report?
- An identifiable reporter.
- An identifiable, animal or human.
- An identifiable drug.
- One or more clinical signs.
When can you use extra label drugs in treating food producing animals
Health of the animal is immediately threatened and suffering or death will
Occur or the animal is not treated
1. dx and valid VCPR
2. There is no marketed drug labeled to treat the condition
3. Procedures are instituted to ensure the identity of the treated animal.
4. It’s significantly standard time. It’s a sign for drug withdrawal prior to use of meat milk etc
How can you tell if a product is an FDA approved drug?
 There is an NADA number for the product
