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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
frequent convenant problems
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
26
when is new owner interests at risk
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
27
Does AVMA enforce tangible interests as protectable assets
yes
28
Trade secret
any formula informatio which gives business advatage over competitior who do not kknow it
29
client goodwill
combo of practice and profession goodwill
30
professional goodwill
depth of doctor-client relationship strenthen by Dr personal traits
31
Practice goodwill
practice reputation with community and among collegues/staff
32
Unreasonalbe restraint- what do courts look at here in Shermans ACT for restrictive covenatn
employers need protection hardsjip on employee effect trade has on public
33
What aspects of interstate commerce regarding element of Sherman Act do Vets carry
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
34
Conspiracy
combo of 2 people planning active secretly for unlawful purpose
35
What are 4 basic requirements of Sherman ACT
Must be at least 2 persons under contract restraint involves trade or commerce restraint involves interstate commerce restraint is unreasonalbe
36
Controlled Substance Act requires anyone who ________,____,______ must register with DEA
manufacturers, distributes or dispenses
37
how many locations can DVM prescribe controlled drugs
4 different location owned by the same business owner
38
DVM can prescribe controlled if
registered at some principle place of busness
39
DVM can adminsiter or dispense if
classified as employees of the registrant or they must register at each facility where they are employed
40
Controlled drugs and independent contractors
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
DVM dies/stops practicing.. what to do
notify DEA and return unused forms . DEA office will determine what to do with unused meds
42
what to do with dea form 222 lost or stolen
report to DEA with serial numbers
43
completing form 222
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
when controlled drug arrives
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
Record keeping of CII drugs
must be stored separately from medical record patient
46
record keeping CII-CV
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
Lending controlled drug
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
When selling your practice- what to do with controlled drugs
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
Refrigerated controlled drug must be in locked refrigerator- yes or no
yes
50
HOw to store controllled drugs
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
Theft of controlled drug
notify regional DEA using DEA form and police dept.. same rules apply for breakage or spillage
52
Can hosp employe staff dvm who had DEA license revoked or denied if they have access to controlled drugs
no
53
ARe employees required to report drug diversions or fellow employees
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
what does code of federal regulations state regarding DEA inspections
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
what can you ask pre-employment if they will be working with controlled drugs
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
Is Controlled Substance Act 1970 (CSA) title II of comprehensive drug abuse prevention and control act of
yes
57
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
CSA
58
What takes precedence in laws- state or federal drug control laws
what is harsher or more stringent
59
Schedule I drugs
highest potential abuse lowest potential accepted medical use like herion
60
Schedule II
high potential for abuse and dependence currently accepted medical use in US ex morphine or oxymorphone
61
Schedule III
Less potential for abust and low to moderate dependence currently medical use in US example tylenol with codeine
62
Schedule IV
Low potential for abuse, limited dependence accepted medical use diazepam and tramadol
63
Schedule V
low potential for abust, limited dependency current accepted med use lomotil
64
The Controlled Substance act allows what to agencies to reschedule a drug or bring an unscheduled drug under control or remove control
DEA and attorney general
65
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.
true
66
what does FDA regulate
Animal foods, feeds, and most animal health products
67
Misbranded drugs
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
define prescription/legend drugs
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
OTC
directions can be readily understood
70
extra label
use of FDA drug in manner other approved on label
71
When can use compounded medication
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
Adverse drug reporting
quality control factor once drug hits market
73
adverse drug reporting
required by manu to report to FDA/CVM
74
how to report adverse drug
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
FDA requires that we report adverse events so they can investigate with drug sponsor. for further infor on drug look in ___
compendium of Veterinary products www. bayerall.cvpservice.com
76
what if adverse in off label or non approved drugs
no mandatory reporting required but should get a hold of manufacturer or distributer
77
adverse reaction medical devices
fda or manufacturer
78
adverse of foods/dietary supplements
report to manuf or FDA via Safgety Reporting Portal
79
adverse fo biologicals
report undesirable even if not caused to USDA Center for Vet Biologics (CVB) or manf
80
adverse pesticides
EPA
81
the Right to know laws- all employees must be aware of potential hazards and how to protect themselves .. we do this by
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
the hazardous chemical plan must-haves
must be in writing a complete list of all hazardous chemical SDS library all containers are properly labeled staff training
83
OSHA Form 301A
within 7 days after you receive the information
84
form 300, 300a 301 length of keeping
5 years
85
Quote regarding ethics by Wilson
Perhaps the most profound valuational judgements made by human beings in their personal and professional lives are those called ethical or moral judgments.
86
Define Ethics
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
Social ethics
principles accpeted by society at large and made into laws- forced ethics considered normal
88
Personal ethics
define what is right and wrong on individual level
89
Professional ehtics
developed by professionals in discipline that help create rules and codes of conduct for members
90
What are 4 branches of veterinary ethics
Descriptive official administrative normative
91
What is descriptive ethics
refers to study of ethical views regarding behavior and attitude.. what is right and wrong in place now
92
What is official ethics?
ethical standards adopted by professional organizaiton
93
What is administrative ethics
actions by administrative government body that regulate vet practice activities.License revocation can occur as result violation of these ethics
94
Normative ethics
A search for correct principles of good and bad, right wrong
95
Bernard Rollin believes there are 4 types of moral problems in vet medicine, and they involve ethics in relation to
Peers Clients Animal Society
96
AVMA PVME looks more on professional relationships than moral issues relating to animals. What are detailed sections of this code
Professional Behavior The VCPR Attending, consulting, and Referring Influence of judgement Therapies Genetic Defects Medical Records Fees and Remuneration Advertising Euthanasia
97
key points of VHMA code of ethics
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
NAVTA ethics
excellent care prevent suffering promote public health accountabiltiy confidentiALITY life long learning collaborate
99
Informed consent bust contain which elements
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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