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VHMA flashcards selfmade > Legal > Flashcards

Legal Flashcards

1
Q

Sherman Antitrust Act 1890

A

Contracts that unreasonable restrain trade are illegal under rule of reason . Also outlaws price fixing

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2
Q

What 4 situations spark exception to employee restrictive covenants

A

Agreement short-term employees
Specialist
TIed to hospital sale
partnership or corp formed or dissolved

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3
Q

How does AVMA define solicitation

A

Solicitation does not include general press releases, advertising public at large, telephone listings
Advertising intentionally directed to specific individuals

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4
Q

How long are the Employee Antisolicitation clauses for

A

typically limited to 1 year

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5
Q

Blue Pencil doctrine

A

allows the court to Blue line out those areas of the contract unreasonable rather than the entire contract

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6
Q

Short term vet employees and non competes.. When will they be valid

A

If DVM terminated 4-6 months after start, non compete not bound however if resign 4-6 month, non compete may be enforced

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7
Q

What are some aspects buyers and sellers of practices should consider

A

Presence of employment contracts. seller has with existing staff DVMs
Presense/absense non-compete clause with staff DVM
Whether these contracts carry over to purchasing DVM
Whether buyer can cancel/negotiable new contract with staff DVM

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8
Q

catchment areas or practices trade

A

distance around vet practice where majority clients come from

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9
Q

geopgraphic limitations pertains to what % of cleintele

A

GEOGRAPHIC CONSTRAINTS OF 80-85% CLIENTTELE

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10
Q

What do courts consider looking at geographical limitations in non competes

A

practice type
pop density
community size

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11
Q

Distance of clientele in general from practice

A

urban small animal= 8 miles
rural small = 19 miles
Equine= 27 miles
Food Animal= 23 miles

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12
Q

In lieu of notice pay (guilt) $

A

$ provided departing employees (severance) rather than allow them work through end of contract

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13
Q

Name types of approaches in defining geographical limitations

A

80 85% clients
reviewing radius system against actual practice clientele using data and maps- look at hwy and mountains,

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14
Q

Restatement (2nd) of contracts

A

States in ongoing transaction, a promise of non compete maybe made and ancillary as long as supported by consideration and meets requirements of enforceability

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15
Q

Can you tell a client where departing staff DVM went to

A

Yes- they entitled to honest answer- Employers who prior deceptive answers are violating Principles of VEt Ethics

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16
Q

Material Breach

A

violation of contract terms so subtantial it invalidates the contract ex. not paying staff DVM and then expecting to adhere to restraint

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17
Q

Liquidation damages (pre-set)

A

relieves court of calculating figure and hopefully constitutes reasonable estimate of anticipated damage

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18
Q

Who can develop competition practicing more easily specialist or generalist

A

Specialsit- only need to bond to referring hospitals not large number of clients

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19
Q

Do courts frown upon employee retrictrive covenants for 2 years

A

yes

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20
Q

Do courts consider length of employment in restrictive covenants

A

yes

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21
Q

When are restrictive covenants reasonable in time

A

no longer than necessary to protect employee, do not impose undue hardship on former employee and not injurious public

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22
Q

covenants- when drafting against employees

A

When drafting employee restrictions, business should be fair and allow staff dvm to work in roles that dont compete directly

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23
Q

Why are sales restrictive covenants enforced by courts even though they are generally higher

A

courts view these convenant as accurate manifestation of both parties intents, both received consideration and were not forced

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24
Q

what do courts consider in the reasonableness of covenants

A

1) relationship among parties
2) scope of rrestrictiion
3) time limitations
4) geopraphic constraints
5) adequancy of consideration

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25
Q

frequent convenant problems

A

1)employer creaaeting too strict contract and cant get anyone hired
2) some states unenforceable
3) employers have unfair advantage in $ to fight
4)excessive restrictions
5)hard feelings
6)fighting in court is big decision with risk
7) puts huge emotional finacial risk on employee
8) contract written in air miles make hard dvm employee get work

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26
Q

when is new owner interests at risk

A

1) when staff dvm opens own practice in trade area
2) when owener put practice up sale (value goes down with dr leaving)
3) partnership dissolves

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27
Q

Does AVMA enforce tangible interests as protectable assets

A

yes

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28
Q

Trade secret

A

any formula informatio which gives business advatage over competitior who do not kknow it

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29
Q

client goodwill

A

combo of practice and profession goodwill

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30
Q

professional goodwill

A

depth of doctor-client relationship strenthen by Dr personal traits

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31
Q

Practice goodwill

A

practice reputation with community and among collegues/staff

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32
Q

Unreasonalbe restraint- what do courts look at here in Shermans ACT for restrictive covenatn

A

employers need protection
hardsjip on employee
effect trade has on public

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33
Q

What aspects of interstate commerce regarding element of Sherman Act do Vets carry

A

Practice near boarder town
Volume suppies shipped practice out of state-most practices have this
hosp that tx patients moving interstate
does practice spend $ travel outside state or health certs

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34
Q

Conspiracy

A

combo of 2 people planning active secretly for unlawful purpose

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35
Q

What are 4 basic requirements of Sherman ACT

A

Must be at least 2 persons under contract
restraint involves trade or commerce
restraint involves interstate commerce
restraint is unreasonalbe

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36
Q

Controlled Substance Act requires anyone who ________,____,______ must register with DEA

A

manufacturers, distributes or dispenses

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37
Q

how many locations can DVM prescribe controlled drugs

A

4 different location owned by the same business owner

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38
Q

DVM can prescribe controlled if

A

registered at some principle place of busness

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39
Q

DVM can adminsiter or dispense if

A

classified as employees of the registrant or they must register at each facility where they are employed

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40
Q

Controlled drugs and independent contractors

A

laws less clear on if relief vet gets employee exemption… best to call DEA or get own DEA license.. this also verifies status as an independent contractor where they are supposed to have control over their own business/buy-in/tools/insurance etc (helps support independent contractor status)

41
Q

DVM dies/stops practicing.. what to do

A

notify DEA and return unused forms . DEA office will determine what to do with unused meds

42
Q

what to do with dea form 222 lost or stolen

A

report to DEA with serial numbers

43
Q

completing form 222

A

must be filled out completely no mistakes or returned
only registered vet or person with valid power of attorney may legally sign the forms

44
Q

when controlled drug arrives

A

mark copy 3 with the date and amount of shipment received and file and keep in the controlled log book
will only ship to address on DEA registration

45
Q

Record keeping of CII drugs

A

must be stored separately from medical record patient

46
Q

record keeping CII-CV

A

Can be stored in medical record but idea is those copies are not readily retrievabel.. best to stored separately with schedule II log is fine

47
Q

Lending controlled drug

A

If loaning C III- C V drug -contain a receipt of receiving dvm and store accordingly
If borrowing C III- note in log that drug was supplied by another DVM and not supplier. Returning is same

Lending CII drugs is same as with supplier- copy 3 with receiving DVM, copy 2 with DEA, copy 1 with lending or providing controlled drug

48
Q

When selling your practice- what to do with controlled drugs

A

do an accounting of controlled drugs
selling vet preparees an invoice of all drugs being delieverd and it should be dated and signed by both DVM and state whether it was done in the am or pm
Exact counts on CII drugs
estimates on CIII0- CV unless more than 1000 tabs/capsules
these receipts must be maintain along with regular supplier receipts

49
Q

Refrigerated controlled drug must be in locked refrigerator- yes or no

A

yes

50
Q

HOw to store controllled drugs

A

in a securely locked and substantially constructed cabinet or safe
stock kept to min
Access to storage area restricted to small number of employees
CIII- CV can be stored with other drugs but it still must be constantially constructed and securely locked

51
Q

Theft of controlled drug

A

notify regional DEA using DEA form and police dept.. same rules apply for breakage or spillage

52
Q

Can hosp employe staff dvm who had DEA license revoked or denied if they have access to controlled drugs

A

no

53
Q

ARe employees required to report drug diversions or fellow employees

A

yes and it will be kept confidential. If they don’t report.. they may not be allowed to continue working in drug secure area
need to let all employees know if this responsibility

54
Q

what does code of federal regulations state regarding DEA inspections

A

DEA can enter premise and do inspection for purpose of copying, verifying records and other controlled documents but cannot, without permission of owner, financial sales and pricing data.
Inspectors identify themselves, state their purpose, give credentials, and written notice of authority to inspect by owner, or administrative warrant during reasonable times

55
Q

what can you ask pre-employment if they will be working with controlled drugs

A

in past 5 years have been convicted or felony, or misdemeanor in last 2 years ,or are presently charged
in past 3 years, have you ever knowingly used narcotics, amphetamines, or barbiturates other than those prescribed to you by physician

56
Q

Is Controlled Substance Act 1970 (CSA) title II of comprehensive drug abuse prevention and control act of

A

yes

57
Q

Who will have the most relevant information about creating a closed system for the controll and handling of controlled substances in vet medicine in the hospital

A

CSA

58
Q

What takes precedence in laws- state or federal drug control laws

A

what is harsher or more stringent

59
Q

Schedule I drugs

A

highest potential abuse
lowest potential accepted medical use
like herion

60
Q

Schedule II

A

high potential for abuse and dependence
currently accepted medical use in US
ex morphine or oxymorphone

61
Q

Schedule III

A

Less potential for abust and low to moderate dependence
currently medical use in US
example tylenol with codeine

62
Q

Schedule IV

A

Low potential for abuse, limited dependence
accepted medical use
diazepam and tramadol

63
Q

Schedule V

A

low potential for abust, limited dependency
current accepted med use
lomotil

64
Q

The Controlled Substance act allows what to agencies to reschedule a drug or bring an unscheduled drug under control or remove control

A

DEA and attorney general

65
Q

Food, drug and cosmetic Act or FD& C act gives authority to Food and Drug Administration center for veterinary medicine (known as FDA/CVM) to govern the manufacturing, distribution and use of veterinary drugs that are used between states.

A

true

66
Q

what does FDA regulate

A

Animal foods, feeds, and most animal health products

67
Q

Misbranded drugs

A

drugs labeling is false or misleading including any drug packaged that does not bear label of manuf and accurate statement. Most importantly, if label does not include adequate directions for use (lay person cant use safely) It is violation of FD&C act

68
Q

define prescription/legend drugs

A

use on by or under supervision of veterinarian
is in possession of person engaged in manufacture, transportation, storage or sale of vet drugs or on presciption or order of license vet
is in the possession of licensed vet for use in lawful business.

69
Q

OTC

A

directions can be readily understood

70
Q

extra label

A

use of FDA drug in manner other approved on label

71
Q

When can use compounded medication

A

1) vet believes there is a need to alter approved drug to adequately medicate non-food animal
2) established vcpr
3) patient has a medical condition and needs RX
4) vet determines compounded drug is needed

72
Q

Adverse drug reporting

A

quality control factor once drug hits market

73
Q

adverse drug reporting

A

required by manu to report to FDA/CVM

74
Q

how to report adverse drug

A

call 1-888-FDA-VETS or fill out FDA form 1932a and mail in
must include- your name
clinical sign right after product exposure regardless of causality
product name and lot number
patient, an identifiable animal or human

75
Q

FDA requires that we report adverse events so they can investigate with drug sponsor. for further infor on drug look in ___

A

compendium of Veterinary products
www. bayerall.cvpservice.com

76
Q

what if adverse in off label or non approved drugs

A

no mandatory reporting required but should get a hold of manufacturer or distributer

77
Q

adverse reaction medical devices

A

fda or manufacturer

78
Q

adverse of foods/dietary supplements

A

report to manuf or FDA via Safgety Reporting Portal

79
Q

adverse fo biologicals

A

report undesirable even if not caused to USDA Center for Vet Biologics (CVB) or manf

80
Q

adverse pesticides

A

EPA

81
Q

the Right to know laws- all employees must be aware of potential hazards and how to protect themselves .. we do this by

A

a practice must:
designate safety manager
annual hazard analysis inspection
safety plans in place for all identified hazards
chemical list and safety plans for these items
SDS on all chemicals and components
Secondary labeling, explanation, and training on the label system
protocol for emergency evacuation
**training program for PPE, monitoring devices, and hazards ( written if 10 + employees) ***

82
Q

the hazardous chemical plan must-haves

A

must be in writing
a complete list of all hazardous chemical
SDS library
all containers are properly labeled
staff training

83
Q

OSHA Form 301A

A

within 7 days after you receive the information

84
Q

form 300, 300a 301 length of keeping

A

5 years

85
Q

Quote regarding ethics by Wilson

A

Perhaps the most profound valuational judgements made by human beings in their personal and professional lives are those called ethical or moral judgments.

86
Q

Define Ethics

A

a philosophy and systematic intellecutal approach to behavior. The three ethical areas that affect each team and its members are social, personal, and professional ethics

87
Q

Social ethics

A

principles accpeted by society at large and made into laws- forced ethics considered normal

88
Q

Personal ethics

A

define what is right and wrong on individual level

89
Q

Professional ehtics

A

developed by professionals in discipline that help create rules and codes of conduct for members

90
Q

What are 4 branches of veterinary ethics

A

Descriptive
official
administrative
normative

91
Q

What is descriptive ethics

A

refers to study of ethical views regarding behavior and attitude.. what is right and wrong in place now

92
Q

What is official ethics?

A

ethical standards adopted by professional organizaiton

93
Q

What is administrative ethics

A

actions by administrative government body that regulate vet practice activities.License revocation can occur as result violation of these ethics

94
Q

Normative ethics

A

A search for correct principles of good and bad, right wrong

95
Q

Bernard Rollin believes there are 4 types of moral problems in vet medicine, and they involve ethics in relation to

A

Peers
Clients
Animal
Society

96
Q

AVMA PVME looks more on professional relationships than moral issues relating to animals. What are detailed sections of this code

A

Professional Behavior
The VCPR
Attending, consulting, and Referring
Influence of judgement
Therapies
Genetic Defects
Medical Records
Fees and Remuneration
Advertising
Euthanasia

97
Q

key points of VHMA code of ethics

A

Comply with VHMA Code
Promote profession
continued growth in management
Excellence quality care pets and people
Honesty, integrity and industriousness above all else
Service to employer
confidentiality
protect employers assets
info gathered or produced in practice belongs practice owner

98
Q

NAVTA ethics

A

excellent care
prevent suffering
promote public health
accountabiltiy
confidentiALITY
life long learning
collaborate

99
Q

Informed consent bust contain which elements

A

consent freeely given
Treatment and diagnosis in readable terms
risks benefits and prognosis of procedure stated
Prognosis if no treatment
provide alternative txs include risk, benefits, cost
answer questions
may be challenged in court if not all these met

VHMA flashcards selfmade (11 decks)

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