Quizzes and Polls Flashcards
Which of the following is a lawful question to ask an interview candidate?
A. Do you have an arrest record?
B. How long have you been a resident of this state?
C. What is your date of birth?
D. Do you wish to be addressed as Miss? Mrs.? Ms.?
Correct Answer: B.
Explanation: Practice Made Perfect, page 49-50. You can ask about actual convictions, but not arrests in general, as an arrest does not constitute guilt. You can ask if a candidate is 18 years of age or older, and if not, you can ask if they have a work permit; but you cannot ask date of birth. Marital status is not acceptable in any format.
A manager’s plan for conflict resolution includes
a. Confronting the behavior, which is best done in a public forum so the issue, is open for discussion.
b. Talking it out, when everyone who has an opinion on the subject can offer their perspective.
c. Holding employees accountable for a solution, by giving them one or two days to discuss a resolution then report back to the manager.
d. Following up and feedback, by having daily meetings with the conflicting parties to see how their solution is holding up under daily pressures.
Correct Answer: C.
Explanation: The 5-Minute Veterinary Practice Management Consult, page 263. Confronting the behavior should take place behind closed doors in the manager’s office, and only the two employees involved should be discussing the issue. If the issue involves entire areas of the practice, the supervisors of those respectiv0e areas should be at this meeting. Follow up with weekly meetings, not daily, to monitor progress.
In regards to safety training for employees
A. OSHA does not mandate that employee training be documented.
B. OSHA sets a specific time frame when training must take place.
C. Statistics show that veteran staff members have the same risk of injury as new employees.
D. OSHA standards have adopted a performance-oriented attitude toward training.
Correct Answer: D.
Explanation: Regulatory Compliance Manual, page 18-19. OSHA training does indeed need to be documented. There is no specific time frame when training must occur, but it is required that the employee be trained before they are exposed to the danger or as soon as the hazard becomes known to the business. New staff members are at a higher risk of injury on the job
Which of the following is true of general interest staff meetings?
A. Meeting minutes should be distributed to all employees including those who attended.
B. Providing food and drink will make the meeting more efficient.
C. On-duty employees should not be paid for the time spent at the meeting.
D. Employees cannot be disciplined for missing a mandatory meeting.
Correct Answer: A.
Explanation: Practice Made Perfect, pages 29-30. Providing food and drink may increase attendance, but it will prolong the meeting and make it less effective as employees will not be paying full attention to the meeting. All employees should be paid for their time at the meeting, whether they are on duty or not. If the practice has an outlined policy on meeting attendance and punctuality that explains possible disciplinary actions, an employee can be disciplined for being absent or late.
Performance Evaluations
A. Should not be given more than once a year.
B. Can be handed to the employee to review before the actual meeting takes place.
C. Do not need to be signed by the employee once the evaluation is complete if the employee does not agree with the outcome.
D. Are not necessary at the end of the initial 90-day training period if the employee is doing well.
Correct Answer: B.
Explanation: Practice Made Perfect, pages 58-60. Evaluations should be given at the end of the introductory period for new hires regardless of their performance, and at least annually thereafter; however more frequent evaluations allow for more open communication. The evaluation form should be signed and dated by the employee and employer, even if the employee does not agree with the outcome. The employee is documenting that they received the evaluation, not that they necessarily agree with what is written.
When an employee is facing termination of employment
A. There is no reason to worry about wrongful discharge claims if you are at at-will employer.
B. It is advisable to include a witness that is the same gender as the manager.
C. Ask for the employee to sign a release foregoing his/her right to sue over the dismissal.
D. If it is suspected that litigation could result from the termination, call the practice’s attorney immediately after the employee has been dismissed from employment.
Correct Answer: C.
Explanation: Practice Made Perfect, pages 65-67. There are many forces that have significantly reduced the scope of the definition of “at-will employment”, and this status does not protect an employer from claims of wrongful discharge. When involving a witness in the meeting, it is advised that the witness be the same gender as the employee, not the manager. Regardless of whether or not the practice of having the employee sign a release is popular or common, it is recommended in the text. If necessary, contact the practice’s attorney to discuss the situation before the employee is terminated.
In regards to managing employee benefits
A. It is not necessary to take the employees’ benefit preferences into consideration.
B. It is important to consider the benefits offered by non-veterinary businesses in the area that compete with the practice for employees.
C. Since all practices are different, it is not important to know which benefit plans are routinely offered in the profession.
D. When the economy is not robust, benefits are one of the first expenses that should be cut or reduced.
Correct Answer: B.
Explanation: The 5-Minute Veterinary Practice Management Consult, page 230. Employees should be involved in expressing their preferences for the benefits offered by the practice. Benefits offered by both non-veterinary businesses and veterinary practices in the area should be considered. The short-term gain of reducing or cutting benefits during tough economic periods will be offset by increased staff turnover and the resulting decline in quality patient and client care.
Manuals that contain employee Policies, Procedures, and Guidelines
A. Should be followed by practice management or a breach of contract could be considered.
B. Are legal as long as they have been created using a common resource or tool available.
C. Should be given to new employees and only the manager needs to document this transaction.
D. Can only be updated by practice management once a year.
Correct Answer: A.
Explanation: Practice Made Perfect, page 33. This policy manual is considered a legal document, and should be reviewed by the practice’s attorney regardless of the tool used to create the manual to ensure that the statements are in compliance with federal and state laws and regulations. New employees should sign a statement of receipt. This manual should be updated as often as necessary.
Staff Scheduling involves
A. The use of a handwritten schedule for larger practices that have many employees to consider.
B. The need for flexibility, which is better for both staff morale and the supervisor’s work load.
C. A shift differential or financial incentive for unpopular overnight or weekend shift.
D. Monitoring presenteeism, which is when the best employees put in the most productive hours.
Correct Answer: C.
Explanation: The 5-Minute Veterinary Practice Management Consult, pages 266-267. Handwritten schedules are obsolete for practices with more than two employees. A schedule that is highly flexible is a benefit for the staff, but can significantly increase the workload for the supervisor who must maintain the schedule; therefore a balance should be achieved.
Presenteeism has two known definitions: 1) employees who work a large number of hours per week typically to avoid their personal lives, and are therefore nonproductive in relation to the number of hours they work;
2) employees who refuse to take sick or personal time off, and choose to come in to work ill which can reduce the combined productivity of the entire staff.
Job descriptions
A. Are not advised for every position in the hospital.
B. Should contain a disclaimer to provide flexibility.
C. Are only updated once a year.
D. Are required by the Americans with Disabilities Act.
Correct Answer: B.
Explanation: Practice Made Perfect, pages 40-42. Job Descriptions should exist for every major job function within the practice. They should be reviewed and updated as often as necessary to reflect actual job requirements. Although job descriptions are not required by the Americans with Disabilities Act (ADA), a practice that is using these documents can demonstrate that they are defining the essential duties of the position for prospective candidates and current employees.
The process of hiring a new employee involves three basic steps: recruitment, screening, and selection.
Results:
A. True
B. False
The answer is A. True.
Regarding age, which question is legal to ask?
Results: A. How old are you? B. What are the ages of your children? C. Are you 18 years of age or older? D. None of the above.
The answer is C.
For safety and legal purposes, it is important to know if you are hiring a minor. However, beyond that it is not necessary to know the age of an applicant. The Age Discrimination in Employment Act also protects applicants over the age of 40 from discrimination, and we will discuss that in more detail in the weeks to follow. (Practice Made Perfect, page 49)
Regarding arrest record, which question is legal to ask?
Results:
A. Have you ever been arrested?
B. Have you ever been convicted of a crime?
C. Have you ever been convicted of drug possession?
D. Do you have a criminal record?
The answer is B.
Practice Made Perfect, page 49) -
Being arrested does not constitute guilt; only a conviction in a court of law indicates that the candidate committed a crime. If the candidate answers yes to this question, you may ask for details at that time. In some circumstances, their answer can be a factor in hiring the candidate, but please check with your legal counsel for advice specific to your state. This is very important, if you are now, or considering in the future, eliminating candidates who are convicted of certain crimes.
Regarding the national origin of the candidate, which question is legal to ask?
Results: A. Are you legally eligible for employment in the United States? B. What is your national origin? C. Where are your parents from? D. What is your maiden name?
The answer is A.
(Five-Minute Consult, page 241)
You may ask their legal eligibility to work in the U.S. You can also ask if they have ever worked under a different name, but none of the other choices are legal. Are there more aspects to consider during the interview process?
What other procedure is legal during the interview process?
Results:
A. List all clubs, societies, and lodges to which you belong.
B. Tell me about the training, education, and work experience you received when you served in the military.
C. Provide an emergency contact.
D. Provide your previous address.
The answer is B.
(Five-Minute Consult, page 241)
Regarding military experience, you may not ask what type of discharge the candidate received. As far as clubs and organizations, the candidate can be asked about membership in organizations that the CANDIDATE considers relevant to job performance (not what YOU consider relevant!). An emergency contact cannot be requested until after the individual has been hired. It is not acceptable to ask questions regarding previous address, how long they have lived at their current address, or if they own their own home.
What is another important part of the hiring process?
Results:
A. Calling for references without the applicant’s knowledge to obtain an honest reply.
B. Performing a credit check on the applicant without their knowledge to avoid dishonest excuses.
C. Obtaining any relevant degrees or licenses from the candidates as proof of their credentials.
D. Calling all remaining candidates after a decision is made, even if they are not chosen.
The answer is D.
(Practice Made Perfect, pages 51-54)
Always obtain permission from the candidates to perform reference checks and credit checks. A paper degree or license does not guarantee that the applicant obtained and continues to hold a valid and current educational or professional qualification. You should contact the institution to verify the current license status or degree obtained. It is polite to call all candidates after the final decision has been made, after the chosen candidate has accepted the position. You can also ask the best of those not chosen, if another position becomes available, would they be willing to be considered in the future. Let us turn the tables for a minute, and talk about giving a referral on a former employee.
Negligent referral is when a person refuses to give an employment reference on a former employee.
Results:
A. True
B. False
The answer is B. False.
(Practice Made Perfect, page 51)
As a previous employer, you can give information on a former employee IF the information is true and can be proven true with written documentation. You are also obligated to divulge if a former employee had a propensity for violence or possessed weapons in the workplace. Failure to tell a prospective employer of a propensity for violence of the former employee constitutes Negligent Referral, and you could be held responsible for violent or illegal acts committed by the person in the employ of the new employer! The goal of recruiting, interviewing, and hiring is to obtain an employee that compliments your team and helps your practice succeed.
When interviewing, it is important to
Results: A. Assess the needs of the practice. B. Develop a good job description. C. Do not rush through the interviewing process. D. All of the above
The answer is D, all of the above.
Five-Minute Consult, page 240
Which of the following is true of the Orientation phase?
Results:
A. It takes place during the first two days on the job.
B. It can take up to six weeks to assimilate a front desk staff member.
C. The new employee is the only one affected by the orientation process.
D. Allow the new employee to refrain from management meetings during this phase.
The answer is B.
(Five-Minute Consult, pages 244-245)
Effective orientation is a gradual process that goes beyond the first two days on the job. Where a front desk staff member may need six weeks to feel comfortable or assimilate, it can take a new doctor up to six months!
According to statistics, new staff members are at a significantly lower risk of injury on the job than veteran staff members doing the same tasks.
Results:
A. True
B. False
The answer is B, False.
Regulatory Compliance Manual, page 18)
Indeed, new hires are more likely to sustain injury. This reinforces how important it is to include safety training in the orientation phase. In all matters of safety, OSHA standards have adopted what is known as a ‘performance-oriented’ attitude toward training.
The best way to summarize the “performance-oriented” attitude of OSHA toward training is
Results:
A. Safety information is readily available for all employees to access.
B. Training is performed and documentation indicates the comprehension of the employee of the material.
C. Training certificates are routinely filed in the personnel file of the employee.
D. A ‘new employee checklist’ is used to ensure all steps are completed upon hiring.
The answer is B.
(Regulatory Compliance Manual, page 19)
All of the possible answers are actually correct. However, the BEST answer is that training must go beyond simply providing safety information and a piece of paper in the file; the employee must have comprehended the information and be competent at knowing and applying the safety standards in the workplace.
When decisions are made during a staff meeting, you can use all of the following ways to ensure implementation EXCEPT:
Results:
A. The practice owner performs the function of secretary to record decisions during the meeting.
B. Meeting notes are distributed to staff members within a few days of the meeting.
C. A master copy of the notes is filed and used as reference to ensure completion of duties.
D. Tasks are assigned to specific people along with a deadline to report their results.
The answer is A.
(Practice Made Perfect, page 29)
While it is very important for the practice owner to attend meetings, even if they are not in charge of the event, they may not always be the best one suited for the secretarial duties. They often need to be available for emergency patient care, or absorbing and responding to the meeting discussion
Complete a performance evaluation on each employee at a minimum of
Results:
A. Once a year.
B. Two weeks after they are hired, and annually thereafter.
C. At the end of the trial employment period, and every two years thereafter.
D. At the end of the trial employment period or no more than 90 days after hiring, and once a year thereafter.
The answer is D.
(Practice Made Perfect, page 58)
The more frequent the evaluations, the more open the communication. Poor performance should be addressed soon after it occurs, rather than waiting for a formal performance review period. Wage and salary reviews should not coincide with evaluations, unless specific policies dictate, such as when a new hire has successfully completed their trial period. Prepare the written evaluation before meeting with the employee for the review. Can you share the document before this meeting?
It is not advisable to let the employee review their written evaluation results before meeting with them personally.
Results:
A. True
B. False
The answer is B. False.
(Practice Made Perfect, page 58)
Marsha Heinke in Practice Made Perfect says to consider this idea. It can give the employee time to prepare a response to perceived problems and develop suggestions for improvement. This same introspection can be accomplished by having the employee complete a self-evaluation a week prior to the meeting. This self-evaluation is reviewed by the evaluator to identify differences in opinions about the performance of the employee.
The engaged employee is created by the management providing
Results: A. Clarity about goals and direction. B. Frequent feedback. C. The chance to grow and develop new skills. D. All of the above
The answer is D. All of the above.
(Five-Minute Consult, page 268)
In any team, there are bound to be conflicts from time to time. Conflict is a byproduct of the workplace, and a practice with no conflicts at all is not necessarily a healthy environment. It may mean that the staff is afraid to speak up, or the practice culture is such that everyone simply does what they are told in a passive way. They may all think so much alike that there is no creative tension to promote new ideas and changes.
The ‘protected classes’, including those over 40 and pregnant women, cannot be terminated from employment.
Results:
A. True
B. False
The answer is B. False. Indeed they can be terminated. Their inclusion in a protected class does not ‘protect’ them from termination for the proper reasons. They are held to the same standards as any employee, such as performance, attendance, and behavior. They just cannot be terminated BECAUSE they are older, or pregnant, or a specific color or gender, etc. As long as you document performance incidents as they happen and discuss them with the employee as mentioned in Practice Made Perfect, there will be no question as to why an employee is being terminated
Which of the following actions during dismissal will increase your risk of a wrongful discharge suit from an employee?
Results:
A. Poor timing, such as waiting so long that the rumor gets to them first.
B. Poor wording, including comments about attitude rather than facts about hospital policy.
C. Poor location, where the employee feels publicly humiliated in front of peers.
D. All of the above
The answer is D.
Practice Made Perfect, page 66)
A termination needs to be handled correctly and respectfully.
All of the following are true of hospital operations and procedures manuals EXCEPT
Results:
A. Expectations for attendance and punctuality appear in the policy manual.
B. Job Descriptions can be used to build the procedures manual.
C. The Code of Conduct appears in the procedures manual.
D. A history of the practice can be part of the policy manual.
The answer is C.
(Practice Made Perfect, pages 31-35)
The Code of Conduct describes the behavior expected from all employees, and should appear in the hospital policy manual.
When should job descriptions be addressed?
Results:
A. When a position is brand new or does not currently have a description.
B. Before the recruiting stage for an open position, and during the subsequent interview.
C. As the position changes, to reflect the updates and revisions; annually at a minimum.
D. During development of a training program or evaluation system.
E. All of the above
The answer is E.
Practice Made Perfect, page 40
How does a job description relate to the application of the American with Disabilities Act (ADA) in employment?
Results:
A. Essential duties described in the job description are the necessary qualifications for any candidate, with or without the assistance of reasonable accommodation.
B. The ADA requires the use of job descriptions in employment to define the essential duties for a candidate.
C. A job description can be generated after a disabled candidate is hired to show that they cannot perform the essential functions of the position.
D. All of the above
The answer is A.
(Practice Made Perfect, page 42)
The ADA does NOT require job descriptions for positions. However, if a job description is prepared BEFORE hiring, then the description will be considered as evidence of the essential duties.
The hazardous materials list for the practice should include all of the following except
A. Injectable medications.
B. Antiseptics, disinfectants, and sanitizers.
C. Pharmaceutical tablets.
D. Compressed gases.
The Correct Answer is C.
Explanation: The 5-Minute Veterinary Practice Management Consult, page 408. While injectable medications need to be on this hazardous materials list, pharmaceutical tablets do not. All of the other materials need to be listed, as well as pesticides, laboratory reagents, radiographic chemicals and supplies, and hospital cleansers including bleach, but excluding routine household cleansers.
The practice should have an individual emergency plan for which types of emergencies?
A. Natural disasters such as floods, tornadoes, hurricanes and earthquakes
B. Potentially man-made emergencies such as fires, robbery, and toxic spills
C. Emergencies that are specific to our profession such as loose vicious animals
D. All of the above
The Correct Answer is D.
Explanation: The 5-Minute Veterinary Practice Management Consult, page 424. All of these situations represent emergencies, which need to have a response plan in place. It is important that all staff know the emergency plans and receive adequate training to include how to activate a central alarm system, notify others via a phone list, or complete an evacuation of the facility.
Under the Occupational Safety and Health Act, business owners do have the right to
A. Require a Compliance Officer to obtain a warrant before entering or inspecting the business.
B. Know the name of the complainant if the inspection is due to an alleged employee complaint.
C. Be present during an OSHA officer’s interview with staff members.
D. Consult with an attorney or advisor only after an inspection when the results are divulged.
The Correct Answer is A.
Explanation: Regulatory Compliance Manual, pages 5-7. Owners do have the right to require a warrant before inspection, but this is typically not advisable due to the adversarial nature of the request. The owner can know the complaint, but not the name of the complainant. Although the owner cannot be present during interviews with staff members, they do have the right to request that these interviews minimally impact business operations. An attorney or advisor can be consulted before, during, or after the inspection and before responding to any inquiry.
In regards to OSHA Form 300, the Log of Work-Related Injuries and Illnesses, which of the following statements is true?
A. The form is required of all employers, regardless of the number of employees.
B. If the business has more than one establishment, a separate set of records must be maintained for each location.
C. The original log may not be maintained at an alternate location.
D. A business required to maintain the Form 300 is exempt from completing the Summary Form 300A.
The Correct Answer is B.
Explanation: Regulatory Compliance Manual, page 12. The Form 300 is only required of businesses that employ 11 or more employees, at anytime during the year. Although the log may be maintained at an alternate location, an up-to-date copy (within 6 working days) must be present at the worksite at all times. A business that is required to maintain the Form 300 must also complete the Form 300A, the Summary of Work-Related Injuries and Illnesses.
Which statement is true of Personal Protective Equipment (PPE)?
A. PPE can be provided when it would too expensive for a business to redesign a hazardous situation.
B. Compliance by employees seems to be higher when they all share the same PPE and take community responsibility for the objects.
C. Employees can be terminated for failure to use PPE as instructed.
D. OSHA holds the employee responsible for using PPE, not the leadership of the hospital.
The Correct Answer is C.
Explanation: Regulatory Compliance Manual, pages 15-18. The business is expected to first use engineering controls to correct a hazardous condition, and budgetary constraints are not generally an excuse for avoiding this reengineering. Many practices have found increased compliance when PPE is an individual item rather than “community property.” OSHA holds the leadership of the practice responsible for enforcement of safety rules including the use of PPE.
Which one of the following would be considered biomedical waste?
A. Disposable bedding saturated with urine from a dog undergoing chemotherapy.
B. Bloody gauze sponges discarded after a dog has been hit by a car.
C. Tissue removed from a cat during a spay.
D. IV tubing and catheter removed from a patient receiving pain medication for a broken limb.
The Correct Answer is A.
Explanation: Regulatory Compliance Manual, pages 22-23. Waste from chemotherapy patients is considered biomedical waste. Blood or bodily fluids on absorbent materials or supplies are only considered biomedical waste if they contain human pathogens (some states also include primate blood). Animal tissues are only biomedical waste if they are infected with diseases that are communicable to humans.
In regards to Material Safety Data Sheets, which of the following statements is true?
A. If the practice has a MSDS library in their computer system, it is not necessary to have hard copies elsewhere in the facility.
B. If there are multiple brands of the same product in the practice, it is only necessary to have one type of MSDS for that product.
C. It is advisable to keep multiple copies of the MSDS in the library system if there is a generic and brand name of a medication.
D. OSHA discourages practices from keeping the MSDS library in the boss’s office.
The Correct Answer is D.
Explanation: Regulatory Compliance Manual, pages 52-53. The MSDS library must be readily accessible to workers in every area at all times, and employees must know how to find and use this library; therefore it is unlikely that a solely computerized library will provide this instant access to everyone, in every area of the practice. Each brand of a product should have its own MSDS prepared by the manufacturer of that product. Rather than including multiple copies of a MSDS under different brand and generic names, it is best to file the original MSDS under the generic name if that is most widely used in the practice, and then add a place marker under the brand name that refers the user to the generic named MSDS.
Which of the following statements is true in regards to controlled substances?
A. These medications are classified primarily according to their type of medical uses.
B. A veterinarian who practices in multiple locations must be registered with the DEA in each location according to federal regulations.
C. A technician administering controlled substances to a patient must do so under direct supervision of a veterinarian on the premises.
D. It is against federal regulations to loan controlled substances to another veterinary hospital.
The Correct Answer is C.
Explanation: Law and Ethics, pages 263, 265-267, 276. Controlled substances are classified according to their potential for abuse. A veterinary who works in multiple locations can obtain an agency status from the registrant at that secondary location in order to administer, dispense, or prescribe. Controlled substances can be loaned between veterinary hospitals, as long as this transfer includes all of the proper paperwork so the flow of the drugs can be traced.
Regarding the inventory and storage of controlled substances, which of the following statements is true?
A. Inventory should be taken every two years following the initial inventory date, regardless of whether or not the ownership of the business changes.
B. Controlled Substances should be stored behind double locks, therefore two separately locked doors.
C. Schedules II through V substances cannot be stored with the antibiotics, hormones, steroids, and other drugs in the facility, but must be in their own separate location.
D. An exact count of Schedule II substances is required, but estimated counts for Schedules III, IV, and V are permitted unless the container holds more than 1000 tablets or capsules.
The Correct Answer is D.
Explanation: Law and Ethics, page 277-278; Regulatory Compliance Manual, pages 106. When a veterinarian acquires an existing practice, an inventory of controlled substances must be taken. These drugs must be kept in a securely locked, substantially constructed cabinet or safe, but there is no requirement for double locks. Schedules II-V substances can be stored with other drugs as long as clients and non-staff people do not have ready access to them.
Which of the following statements is true regarding the legal use of veterinary drugs?
A. Prescription drugs are those used only by or under the supervision of a veterinarian, whereas legend drugs are those drugs manufactured for exclusive use in animal health.
B. Over the Counter (OTC) drugs gain that designation when the directions for use can be readily understood and followed by the ordinary individual.
C. Extra –label use of drugs is identical to using drugs that are unapproved by the FDA.
D. The FDA requires that prescription medications be sold in childproof containers, with specific information on the outside label.
The Correct Answer is B.
Explanation: Law and Ethics, pages 219-220, 223, 233-235. Legally, the terms prescription and legend mean the same thing; they can only be used by or under the supervision of a veterinarian. OTC does not refer to where you find the medication, but rather the ease of use by an ordinary individual. Extra-label use refers to using veterinary drugs other than as approved by the FDA on the label; these drugs have been approved by the FDA for at least one purpose. Unapproved drugs, however, are not generally recognized as safe and effective by experts and have never been subjected to the FDA approval process. Although the FDA does not require the use of childproof containers, both the Consumer Products Safety Commission and the AVMA Council on Therapeutic and Biologic Agents encourage veterinarians to use them.
Which of the following federal regulatory agencies is the primary regulator of vaccines? A. DEA B. FDA C. USDA D. EPA
The correct answer is C.
(Law and Ethics, page 216)
1. The DEA enforces the Controlled Substances Act.
2. The FDA regulates animal food and feeds and most animal health products such as veterinary drugs, medicated animal feeds, and pet foods.
3. The USDA regulates vaccines and all biological products including antitoxins, live microorganisms, and the antigenic or immunizing components of microorganisms intended for use in the diagnostics, treatment, or prevention of disease in animals.
4. The EPA regulates preparations used as rodenticides, insecticides, and germicidal preparations used topically on animals or inanimate objects.
Biological products in the veterinary industry include
A. Vaccines and bacterins.
B. Canine distemper virus antibody test kits.
C. Intradermal skin-testing antigens.
D. Feline leukemia virus test kits.
E. All of the above
The answer is E.
(Law and Ethics, page 255)
The answer is all of the above. It is important to realize that all of those products are considered biologicals and thus regulated by the USDA. It is easy to forget that test kits and intradermal antigens are in that category.
Which of the following is NOT true?
A. The FDA has authority over pesticides that are administered orally or parenterally to animals.
B. The EPA has authority over pesticides that are applied to the environment.
C. The FDA has authority over pesticides that are applied topically to animals.
D. All of the above statements are true.
The answer is C. (Law and Ethics, page 216) The FDA regulates any pesticide that is administered orally or parenterally to animals. The EPA has authority over pesticides applied to the environment, OR to the animal via topical administration. Think: FDA = internal EPA = external
The Occupational Safety and Health Administration have authority over which type of employers?
A. Federal contractors
B. Employers with more than 15 qualified employees
C. Employers with more than 50 qualified employees
D. All employers, regardless of the number of employees
The answer is D.
(Regulatory Compliance Manual, page 6)
OSHA applies to all workplaces
An employer must have how many employees to be required to maintain OSHA Forms 300 and 300A?
A. 11
B. 15
C. 20
D. Applies to all employers, regardless of the number of employees.
The answer is A.
(Regulatory Compliance Manual, page 12)
It is important to realize that while all employers must provide a safe workplace, ONLY employers with more than 11 employees (at anytime during the year) need to maintain the Log and Summary forms.
All OSHA records related to injuries or illnesses must be maintained for A. 3 years. B. 5 years. C. 7 years. D. 10 years.
The answer is B.
(Regulatory Compliance Manual, page 14)
Documents should be maintained for at least 5 years in your facility.
When are you required to notify OSHA of a workplace accident or illness?
A. When an incident results in the death of an employee.
B. When an incident results in the hospitalization of five or more employee from the same cause.
C. When an incident of violence results in the death of an employee.
D. All of the above
The answer is D.
(Regulatory Compliance Manual, page 12)
The death of an employee from work-related causes including violence, or a hospitalization of five or more employees from the same cause, both require immediate OSHA notification. The definition of “work-related incident” is an important point pertaining to these documents and notifications.
All of the following would be considered work-related incidents EXCEPT:
A. An employee stops by to pick up their paycheck on their day off, and slips and falls on a puddle.
B. A receptionist drops off a package for the practice at the postal office. Then on her way home she is involved in a traffic accident.
C. A technician is assisting a patient to the car and sustains an injury while in the parking lot.
D. A manager is dropping off a bank deposit on their way home and is involved in a traffic accident.
The answer is B.
(Regulatory Compliance Manual, page 13)
To give you the official definition per Phil Seibert’s book: An injury or illness is considered work-related if “an event or exposure in the work environment either caused or contributed to the resulting condition or significantly aggravated a pre-existing injury or illness.” The off-duty employee picking up their paycheck is certainly in the work environment. The same holds true for the employee in the parking lot, performing work-related duties at the time of the injury. If errands are run on behalf of the company, the time spent on that errand is considered work related; however once the errand is done and the normal route is resumed home, then the employee is no longer “working.”
The term “self aid” kit is advisable for general human medical supplies for employees in the practice because
A. “First aid” must be provided by someone on every shift that is adequately trained to administer the aid.
B. In general, a “first aid” kit is not required unless emergency care is more than 15 minutes away.
C. The contents of a “first aid” kit must be determined by a physician familiar with the type of business.
D. The strict standards for Blood borne Pathogens must be adhered to by the person administering “first aid”.
E. All of the above
The answer is E.
(Regulatory Compliance Manual, pgs 14-15)
All of the above would be required for a kit that is termed “First Aid”. But if you consider your medical supplies for the human employees as “self aid”, then it is assumed that if the person is not capable of self treatment then they need to seek medical attention at a facility or by a physician.
Which of the following is considered medical waste in a veterinary practice?
A. IV tubing from a patient recovering from post-operative fracture repair.
B. Internal organs removed from a routine dog neuter.
C. Syringe and catheter used on an animal receiving chemotherapy treatment.
D. Bloody sponges from a hit-by-car trauma case.
The answer is C.
(Regulatory Compliance Manual, page 23)
Blood, bodily fluids, and tissues from animals are not medical waste unless the animals were infected with a disease communicable to humans. Supplies and medical devices are not medical waste unless they were used on these same types of diseased animals, or used to administer chemotherapy to an animal patient. How did my story turn out? After I politely explained the short definition of medical waste to the nice police officers, I happily took our bag of trash back from them. I am not certain they appreciated the education but I was glad to have known the facts to back me up!
What does the acronym MSDS stand for? A. Medical Staff Determination Sheets B. Material Safety Data Sheets C. Mineral Sensitivity Definition Standards D. Medical Safety Definition Standards
The answer is B.
Regulatory Compliance Manual, pages 52-53
All of the following hazardous materials would require an accompanying MSDS in the library EXCEPT A. A single 1mL vial of a medication. B. A vendor sample of a cleaning agent. C. A bottle of household window cleaner. D. Reagents used in the laboratory.
The answer is C.
(Regulatory Compliance Manual, pages 52-56)
Any common household item that is used essentially the same way as the normal consumer would use the product is exempt from the hazardous category.
What is considered in the classification of a medication as a “controlled substance?”
A. The potential for theft.
B. The potential for abuse.
C. The potential for illegal access to the drug.
D. The medical purpose of the medication.
The answer is B. - (Law and Ethics, page 263)
Drugs that are subject to abuse are considered controlled substances.
Which of the following is true of the Roman numeral inside the “C” on the label of a controlled substance?
A. The number indicates the Schedule of the drug.
B. The higher the number, the more potential for abuse by that drug.
C. The number refers to the maximum quantity of the drug that can be maintained in inventory.
D. The lower the number, the less security is needed when ordering the drug.
The answer is A.
(Regulatory Compliance Manual, page 105; Law and Ethics, pages 263-264)
This Roman numeral is the Schedule of the drug and the lower the number the MORE potential for abuse with this drug. Therefore, the lower the number the MORE security is needed when ordering the drug.
All of the following are true of DEA registration EXCEPT
A. The “registrant” is held responsible for the actions of their assigned “agent” associate veterinarians in regards to the controlled substances.
B. Veterinarians can be registered at more than one location if they practice at multiple facilities.
C. A technician who administers controlled substances should be registered with the DEA.
D. Relief or mobile veterinarians must store their controlled substances at the registered address.
The answer is C.
(Regulatory Compliance Manual, page 106)
All of those statements are true except that a technician administers controlled substances while working under the direct supervision of the veterinarian who is registered with the DEA. Ultimately that veterinarian is responsible for activities involving controlled substances.
All of the following are true in regards to the storage of controlled substances EXCEPT
A. It is not required that the drug be stored behind double locks.
B. Portable lock boxes must be securely affixed to an immovable object.
C. Controlled drugs can be dispersed among the entire pharmacy as long as the pharmacy area has adequate security.
D. Mobile units are only required to lock the car doors to secure the drugs inside.
The answer is D.
(Regulatory Compliance Manual, pages 106-107)
Controlled drugs inside a mobile unit should be kept: * in a locked box * inside the mobile unit * affixed to an immovable location preferably out of sight. It is not enough to just lock the car doors to secure these drugs inside a mobile unit.
All of the following is true of ordering controlled substances EXCEPT
A. Drugs cannot be transferred between multiple practice locations.
B. Controlled drugs in Schedule II must be ordered using triplicate DEA Form 222.
C. Controlled drugs in Schedules III through V are ordered the same as any other medication.
D. Prescriptions filled at a local pharmacy should be for a specific patient, not for “hospital use”.
The answer is A.
(Regulatory Compliance Manual, pages 107-109)
Drugs can be transferred between multiple practice locations with extreme caution and meticulous documentation. All the same rules would apply in this situation. The second location would need to be registered with the DEA, have adequate storage security, and appropriate usage records. If Schedule II drugs are being transferred, the DEA Form 222 must also be used just as if the original location were a vendor of the drug.
The regulatory agency known as the FDA is actually the A. Federal Drug Administration. B. Federal Dispensing Act. C. Food and Diet Agency. D. Food and Drug Administration.
The answer is D.
(Law and Ethics, page 215)
The FDA is the Food and Drug Administration. They are responsible for regulating animal foods and most animal health products. The FDA enforces the Food, Drug and Cosmetic Act (FD and C Act), which covers products such as pet foods, medicated animal feeds, and veterinary drugs.
All of the following is true in regards to drug terms EXCEPT
A. Legend drug means essentially the same thing as “veterinary prescription drug”.
B. Over-The-Counter drugs are defined as those medications that can be purchased off the shelf.
C. Veterinary prescription drugs can only be prescribed by a licensed veterinarian.
D. Only drugs with the FDA’s label “Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian” are prescription drugs.
The answer is B.
(Law and Ethics, pages 219-220)
The designation of Over-the-Counter (OTC) has nothing to do with where the product is purchased, although this is an easy assumption to make. It actually stems from the use of the drug. A product is considered Over-the-Counter if the directions for use can be readily understood and followed by an ordinary individual without medical training.
Which of the following would NOT be considered an adverse drug reaction?
A. Unexpected side effect
B. Unintended sensitivity reaction
C. Lack of efficacy associated with clinic use of the drug
D. All of the above are adverse drug reactions
The answer is D.
(Law and Ethics, page 235)
All of these circumstances are considered “adverse reactions”, including an unexpected “inefficiency “ of the drug to treat the clinical problem for which it was manufactured (i.e. the drug doesn’t work like it’s supposed to).
Which of the following people in a practice would be more likely classified as an independent contractor?
A. A technician that only works the third weekend of every month.
B. A groomer who leases space from the practice owner and provides all her own equipment.
C. A relief veterinarian who works Tuesday and Thursday each week, and is paid monthly.
D. A specialist who is required to see appointments every Saturday from 8am to 12 noon, in an extra available examination room.
The Correct Answer is B
Explanation: Regulatory Compliance Manual, page 120. The technician who works part-time is still an employee, if these set work hours are established by the employer. Although many “relief” veterinarians are independent contractor, the one described here works a set schedule that may be imposed by the employer, and is paid monthly rather than “by the job.” The specialist is also “required” to work these Saturday hours, presumably by the employer therefore establishing their employee-employer relationship. The groomer, however, works on her own leased space and provides her own tools and materials, making her the most likely one on the list to be an independent contractor (given the information provided).
A receptionist receives wages of $8.00 per hour. During one workweek, she accumulates 45 hours on her timecard, and 8 hours of that week was an authorized paid vacation day. What is her gross pay for that week? A. $360.00 B. $380.00 C. $356.00 D. $392.00
The Correct Answer is A.
Explanation: The 5-Minute Veterinary Practice Management Consult, page 466. Although this employee accumulated over 40 hours in the workweek, 8 hours of that time was a paid vacation day so there was no overtime accumulated. “Time worked” does not include paid time off, such as sick leave, vacation days, or paid holidays, and an employee must only be paid overtime if the “time worked” is above 40 hours. Therefore all hours will be paid at the regular rate of $8.00 per hour.
Which of the following is an example of quid pro quo sexual harassment?
A. An employee sends out a mass email with sexually offensive jokes.
B. A manager touches a subordinate employee in a sexually suggestive manner.
C. A receptionist is denied a salary increase because she rejected a kiss from the owner.
D. The supervisor makes sexual advances on the practice owner and is subsequently terminated.
The Correct Answer is C.
Explanation: Practice Made Perfect, pages 76-77. Quid pro quo sexual harassment occurs when submission to or rejection of unwelcome sexual conduct is used as the basis of employment decisions affecting the individual. All the other choices are examples of “environmental” sexual harassment, which includes unwelcome sexual conduct.
A practice owner should be worried about an EEOC investigation if which of the following recently occurred?
A. A Hispanic candidate was not hired although she was the best qualified for an open technician position.
B. A pregnant employee was recently terminated after receiving two warnings for safety policy violations.
C. A candidate in a wheelchair was not offered an interview because they did not meet the advertised requirement of being a credentialed veterinary technician for an open position.
D. An assistant who is 54 years old was not given a promotion to technician in a practice with one veterinary and eight support staff.
The Correct Answer is A.
Explanation: Practice Made Perfect, pages 76-79. It is reasonable to assume that the Hispanic candidate in choice (A) was not hired because of her race, since she was the most qualified applicant. Pregnant employees can be terminated for reasons other than their pregnancy, just like any other employee. The candidate in the wheelchair did not meet the criteria for the position, so was not interviewed because they were not qualified to fill the job and not because they had a disability. The EEOC covers those employers with 15 or more employees, even though choice (D) could have been an example of age discrimination if investigated further.
Which statement is true of the Family and Medical Leave Act?
A. Applies to employers with 20 or more eligible employees.
B. A new employee is eligible for leave after the 90-day introductory period.
C. If the employee’s position had to be filled during the leave, the employer has no requirement to bring the employee back after 12 weeks of leave.
D. The employer may require medical certification from a health care provider.
The Correct Answer is D.
Explanation: Contracts, Benefits, and Practice Management, pages 180-181. FMLA applies to employers with 50 or more employees within a 75-mile range of that worksite. An employee is eligible for FMLA leave after 12 months of employment, if they have been employed for at least 1,250 hours of service during that 12-month period immediately preceding the commencement of the leave. Upon return from leave, the employee has the right to be placed in the original or a similar job position and receive the same pay, benefits, and working conditions. However, the employer may indeed request documentation from health care providers, which substantiate the need for a medical leave.
A true statement of unemployment insurance is
A. An employee is eligible if they have been discharged for misconduct.
B. The company will never have to worry about a claim from an employee who has voluntarily terminated employment.
C. The employer is in a better position to dispute an unemployment claim if they have required a written letter of resignation.
D. The major objective of this program is to enforce punitive measures on employers who have high turnover.
The Correct Answer is C.
Explanation: Practice Made Perfect, pages 81-82. An individual is disqualified if they have been discharged for misconduct. Although it may seem absurd, if an employee quits voluntarily and takes another job that doesn’t work out, they can leave that second job and file for unemployment benefits with the state resulting in a claim against the original employer. Then the burden is usually upon the employer to prove that the former employee quit without good cause or there is another reason why the employer should not have to pay. This is why all employees who quit voluntarily should submit a written letter of resignation. Although employers with low turnover often pay a reduced tax, the major objective of this program is not to punish employers but to provide unemployed workers with modest financial support during temporary periods of involuntary unemployment.
Health insurance is a complex benefit for employers to maintain because
A. The Consolidated Omnibus Budget Reconciliation Act allows for extension of coverage even after termination of employment.
B. Providing health insurance is a federal requirement with mandatory guidelines and regulations.
C. The Mental Health Parity Act requires all employers to provide mental health benefits.
D. The Health Insurance Portability and Accountability Act does not protect workers’ coverage when they change jobs.
The Correct Answer is A.
Explanation: Practice Made Perfect, pages 82-83. COBRA does indeed allow for extension of health insurance coverage after termination of employment. However, there is no federal or state requirement for an employer to provide health insurance or mental health insurance to its employees. HIPAA does protect workers’ coverage when they change jobs.
Under the Polygraph Protection Act, which of the following statements is true?
A. Testing of front office job candidates is permitted if all candidates receive the same test.
B. After receiving DOL approval, technician candidates who will handle controlled substances can be asked to submit to a polygraph test.
C. An employer can suggest that an employee take the test to reduce suspicions of future misconduct.
D. An employer can terminate an employee based on the results of a test the employee took voluntarily.
The Correct Answer is B.
Explanation: Practice Made Perfect, page 83. In general, an employer cannot suggest or require an employee to submit to a polygraph test, nor can they terminate an employee based on results of a polygraph test. Only under very limited conditions and with approval by the Department of Labor can an employer ask prospective employees who would be required to handle controlled substances to take a polygraph test; therefore a receptionist would not be in this position.
The posting of required Department of Labor posters adheres to which directive below?
A. Location is not a requirement, therefore inside the manager’s office is an acceptable place to post.
B. All Equal Opportunity provisions of the law must be displayed.
C. It is okay for the posters to be covered up with bulletin board memos, as long as the posters are physically present in the building.
D. Required posters include Family and Medical Leave Act, Occupational Safety and Health Act, and the Uniformed Service Employment and Reemployment Rights Act
The Correct Answer is B.
Explanation: Practice Made Perfect, page 83. Employers are required to post Department of Labor posters in a conspicuous location frequented by employees. Therefore it would not be advisable to hang them in the manager’s office, or allow them to become covered up by other memos. Although the Uniformed Service Employment and Reemployment Rights Act is not a required poster, all Equal Opportunity provisions of the law must be displayed.
Which is true of the Immigration Reform and Control Act in regards to employment eligibility?
A. It is a good practice to hire only United States citizens, even if more qualified immigrants apply for the position.
B. The I-9 form must be completed by the employee and a representative of the business within five business days of the staff member beginning work.
C. The company representative can require which documents can be used from the list of accepted proof.
D. The completed forms must be maintained for the longer of three years after the date the staff member begins work, or one year after the staff member departs.
The Correct Answer is D.
Explanation: Regulatory Compliance Manual, pages 117-118. Although the Immigration Reform and Control Act made it against the law to hire illegal immigrants, it is not good practice to hire ONLY United States citizens over more qualified eligible immigrants. The I-9 form must be completed by the employee before they begin work and by the company representative within 3 business days of the staff member starting work. This company representative must not require certain documents from the list of accepted proof; it is the choice of the staff member to decide which documents they will use. The completed form must be maintained for the longer of 3 years after the date the staff member begins work, or 1 year after the staff member departs.
All of the following are true of the minimum wage requirements except:
A. Overtime is required at 1.5 times the regular rate for hours worked on weekends and holidays.
B. Some states adopt a set a higher minimum wage than Congress.
C. Posting the federal minimum wage poster in a prominent location is required.
D. FSLA defines the workweek as seven consecutive, regularly recurring, 24-hour periods totaling 168 hours.
The answer is A. (Practice Made Perfect, page 72)
Title VII of the Civil Rights Act prohibits employment discrimination based on all of the following except A. Race or national origin. B. Color. C. Sexual orientation. D. Religion. E. Sex.
The answer is C. (Five-Minute Consult, page 462)
Sexual orientation discrimination may be prohibited in other ways, such as state law, but the Civil Rights Act of 1964 does not include this factor on its original list.
The Equal Employment Opportunity Commission was created to enforce the Civil Rights Act of 1964.
A. True
B. False
The answer is true. (Practice Made Perfect, page 76)
The EEOC addresses issues involving A. Sexual harassment. B. Pregnancy discrimination. C. Discrimination against the disabled. D. Age discrimination. E. All of the above
The answer is E, all of the above. (Practice Made Perfect, page 76)
According to the ADA, a disability refers to a:
A. Physical impairment that substantially limits more than two major life functions.
B. Mental impairment that requires medication and constant observation.
C. Physical or mental impairment that substantially limits one or more major life functions.
D. Physical impairment that requires hospitalization and physician monitoring.
The answer is C. (Five-Minute Consult, page 464)
A physical or mental impairment that substantially limits one or more major life functions. The disability can be physical or mental, and must impair one or more major life functions or activities. Examples of these activities include sitting, standing, and sleeping.
Although not required by the ADA, this document is the strongest evidence of the essential duties of the job. A. Employee Handbook, AKA Policy Manual B. Job Description C. Standard Operating Procedures D. Code of Conduct
The answer is B. (Practice Made Perfect, page 78)
The ADEA protects individuals who are \_\_\_\_ years old or older. A. 40 B. 45 C. 50 D. 55
The answer is A. (Practice Made Perfect, page 79)
All of the following are employer and employee eligibility requirements for FMLA except
A. There must be 50 or more employees for each working day during each of 20 or more calendar weeks in a previous year.
B. Full-time employees are the only ones counted in the 50-employee requirement; part-time and/or temporary employees are not considered.
C. To be eligible, an employee must have been employed for at least 12 months, although they need not be consecutive.
D. The eligible employee must have worked at least 1,250 hours during the 12-month period immediately preceding the commencement of leave.
E. Employees excluded from coverage are employees working at a site that employs fewer than 50 employees, if the total number of employees within 75 miles of that location is fewer than 50.
The answer is B. (Practice Made Perfect, page 79)
An eligible employee can request FMLA leave for all of the following reasons except
A. Care for a newborn child of the employee.
B. Placement of a child with the employee for adoption or foster care.
C. Care for a spouse, child, parent, or sibling of the employee when this family member has a serious health problem.
D. Serious health condition that makes the employee unable to perform the functions of his or her job.
The answer is C. (Practice Made Perfect, page 80)
All of these are reasons for FMLA leave except the sibling who has a serious health problem. The leave can be granted to care for a spouse, child, or parent only. For the birth or placement of a child, the FMLA eligibility expires at the end of the 12-month period beginning on the birth or placement date.
A person is disqualified from unemployment benefits for what reason(s)?
A. They voluntarily quit their job without good cause.
B. They are discharged for misconduct.
C. They refuse an offer of suitable work.
D. All of the above
The answer is D. (Practice Made Perfect, page 81)
It is typically the responsibility of the employer to prove that a former employee should be disqualified from receiving unemployment fund
The acronym COBRA stands for the law known as the
A. Consolidated Omnibus Budget Reconciliation Act.
B. Comprehensive Occupational Budget Reconciliation Act.
C. Comprehensive Omnibus Budget Retaliation Act.
D. Consolidated Occupational Budget Recovery Act.
The answer is A. (Practice Made Perfect, page 82)
All of the following posters are required by federal law except
A. Fair Labor Standards Act and Minimum Wage.
B. The Employee Polygraph Protection Act.
C. Americans with Disabilities Act.
D. Family and Medical Leave Act.
The answer is C. (Practice Made Perfect, page 83)
All of those posters are required except for ADA, plus you must post a notice of Equal opportunity provisions and OSHA job safety and health protection requirements.
According to the AVMA Principles of Veterinary Medical Ethics, which of the following is true regarding the provision of emergency medical care to a patient?
A. A veterinarian need only provide euthanasia in an emergency situation where the pet owners cannot pursue further treatment.
B. If the pet owners reject euthanasia, the veterinarian has no obligation to stabilize the patient for transportation to another veterinary hospital.
C. A veterinarian who is not qualified to treat or manage a certain emergency should refer their client to other veterinarians who can provide appropriate emergency services.
D. When a veterinarian is not able to provide services, they have no obligation to see that care is available elsewhere in the locality.
Correct Answer: C.
Explanation: Contracts, Benefits and Practice Management, page 384. In an emergency when a client rejects euthanasia, the veterinarian has an ethical responsibility to stabilize the patient sufficiently to enable transportation to another veterinary hospital for definitive care. When a veterinarian cannot be available to provide services, they should arrange with their colleagues to assure that emergency services are available, consistent with the needs of the locality. A referral should be given if the veterinarian is not qualified to treat or manage an emergency.
According to the AVMA Principles of Veterinary Medical Ethics, which of the following is true of the VCPR?
A. Once established, the veterinarian should remain readily available for follow-up or arrange for emergency coverage.
B. The veterinarian is obligated to dispense necessary prescriptions, but does not have to honor a client’s request for a written prescription.
C. The veterinarian cannot terminate this relationship at any time.
D. The veterinarian can terminate the relationship even during ongoing medical treatment, as long as there are other veterinarians in the area that can treat the patient.
Correct Answer: A.
Explanation: Contracts, Benefits and Practice Management, pages 385-386. With an established VCPR, a client’s request for a written prescription should be honored, and the veterinarian should be available for follow-up or arrange for emergency coverage. The veterinarian can terminate the VCPR if there is no ongoing medical or surgical condition with the patient. During ongoing medical treatment, the patient can be referred to another veterinarian as long as they are provided with continued care during the transit.
According to the AVMA Principles of Veterinary Medical Ethics, which of the following is true in regards to attending, consulting, and referring?
A. When a consultation occurs, the attending veterinarian no longer assumes primary responsibility for the case.
B. Consulting veterinarians should not initially communicate their findings and opinions directly to the owner of the patient.
C. If a client seeks a second opinion without an official referral, the former veterinarian has no obligation to communicate with the new attending veterinarian on the pet’s previous medical history.
D. When a referral has been made, and a new VCPR has been established, it is not necessary to obtain the client’s consent to obtain previous medical history on the pet.
Correct Answer: B.
Explanation: Contracts, Benefits and Practice Management, pages 386-387. During a consultation, the attending veterinarian retains primary responsibility for the case. The consulting veterinarian should communicate their findings directly to the attending veterinarian, and only to the client in collaboration with the attending veterinarian. When a client self-refers, the former veterinarian should communicate with the new attending veterinarian as if the patient and client had been referred. Client consent is needed before the new attending veterinarian can contact the former veterinarian regarding previous history on the patient.
The VHMA Code of Ethics addresses all of the following except
A. Continuation of education in management.
B. Pursuit of the manager certification examination.
C. Confidentiality of business and personal affairs of the member’s employer.
D. Privacy of information produced inside the practice.
Correct Answer: B.
Explanation: VHMA Website at www.vhma.org. Although the VHMA Code of Ethics addresses the continued growth and professional development through continuing education and refinement of management skills, the Code does not specifically address the pursuit of manager certification. It does address the confidentiality of business and personal affairs of the member’s employer, and the privacy of information produced within the practice.
Which of the following statements is true regarding employment contracts with associates or staff?
A. Employment contracts are often utilized in veterinary practices for support staff positions.
B. After a candidate is hired, oral agreements during the interview process are not valid.
C. If a written employment contract for a specific employee does not exist, there is no reason for a practice to fear a breach of contract claim.
D. The Sherman Antitrust Act is considered in conjunction with restrictive covenants.
Correct Answer: D.
Explanation: Law and Ethics, pages 204-212; Practice Made Perfect, page 33. An employee policy manual may be considered a contractual agreement, even in the absence of a signed employment contract. Many practices do not utilize employment contracts (particularly for support staff), for a variety of reasons. Once a candidate is hired and paid for work performed, it becomes apparent that some sort of contract must have been formed, and oral agreements become valid. The Sherman Antitrust Act comes into consideration when enforcing restrictive or non-compete covenants.
Given the following scenarios and staff actions, select the most appropriate scenario when the capacity to make a valid contract for a pet’s medical care might be questioned.
A. An elderly client elects euthanasia for their pet, yet the veterinarian waits until the next day to have time to contact someone else in the family.
B. A minor brings in the family pet for a new patient appointment, but the receptionist does not request proof of age.
C. A couple who both appear to be intoxicated comes in with their pet; expensive medical care is pursued since there were two clients to confirm what was orally agreed upon with the veterinarian.
D. A client who is obviously mentally disabled signs an estimate for emergency surgery and the veterinarian moves immediately forward with the procedure.
Correct Answer: A.
Explanation: Contract, Benefits and Practice Management, pages 51-53. When an elderly client who appears to be senile arrives requesting euthanasia, it is prudent to seek communication with another family member even if that means waiting until the next day. It is advisable to request proof of age if a client appears to be a minor, and seek communication with a parent or guardian if minority is confirmed. With clients who appear to be under the influence of a substance or mentally disabled, care should be taken when entering into expensive or extensive medical treatment because the contract can be avoided or disaffirmed by the client at a later date. It can be argued that the person could not understand the nature and consequences of the contract at the time it was entered into.
Keeping in mind the Law of Agency
A. An out of town owner is not obligated to pay for services rendered if the contracted pet sitter must take a pet in for emergency treatment.
B. The veterinarian cannot bill the owner unless a written contract exists between the pet owner and the person bringing the pet in to the practice.
C. It is important to document phone conversations in the patient’s medical record, but it is not necessary to document attempts to reach the owner or verbal messages left by the practice.
D. In an emergency, it is advisable to provide stabilizing care first and then call for verification of the Agency relationship.
Correct Answer: D.
Explanation: Contract, Benefits and Practice Management, pages 58-60. When an agency relationship exists, such as with a contracted pet sitter, the agent or pet sitter has the power to consent to treatment and bind the owners to payment for services rendered, even when they are out of town and unaware of the emergency need for services. In the absence of a written agency contract, an agency relationship can still be implied by the information provided by or the actions of the parties, so the owner can still receive the bill from the practice. All communication should be documented, including attempts to reach the owner or message left by the practice. When the life of the patient is on the line, however, the patient should be stabilized before spending time to verify the agency relationship.
Personnel files are confidential, but in general and in most states, what is true of access to an employee’s personnel file?
A. Employees may have access to their file, and have a right to copies of everything in their file.
B. The employer controls the amount of time and location in which an employee can review their file.
C. An employee’s immediate supervisor may have access to all documents in the employee’s file at any time.
D. Personnel files are considered the property of the employee, even when in the possession of an employer.
Correct Answer: B.
Explanation: The 5-Minute Veterinary Practice Management Consult, page 386. Most states grant an employee access to their personnel file, but they are not automatically guaranteed the right to have copies of everything in the file. An employee’s immediate supervisor may be granted access on a “need-to-know” basis for making employment-related decisions, but should not have access to employee information that is not job related. Personnel files are the property of the employer, and the employer can control the amount of time and location in which an employee can review their file.
All of the following are examples of implied contracts, except
A. A distraught client brings a pet into an emergency clinic after being hit by a car and allows the pet to be rushed to the back for assessment.
B. An existing client brings in their pet for a drop-off appointment to be examined.
C. The veterinarian discusses the treatment plan with an owner who then leaves the pet at the clinic for the remainder of the day.
D. A farmer requested the veterinarian to come see a sick animal, but the farmer was called away before the veterinarian arrived.
Correct Answer: C.
Explanation: Law and Ethics, page 295. In some situations, the courts can hold that a contract was implied by the actions of the parties. The arrival and subsequent handing over of a patient in crisis would indicate that the owner is accepting the treatment provided. The same holds for a drop-off appointment, where the client willingly brought in the pet for care but then left the pet at the facility. The farmer has invited the veterinarian to visit the sick animal, even if the farmer could not stay for the visit. The example of the client who approves a verbal treatment plan and then leaves the pet for care is not an example of an implied contract, because it is instead an ORAL contract, which is completely enforceable as well.
In regards to confidentiality in the practice and management of veterinary medicine
A. The Ethics of the AVMA states that a doctor of veterinary medicine should protect the personal privacy of clients, but does not address the obligation of the veterinarian’s associates or staff to do the same.
B. A client’s consent to release patient information is not consent to release financial information on the client.
C. Courts have repeatedly extended physician-patient privilege statutes to veterinarian.
D. Client consent is always necessary to release copies of a patient’s medical record to a requesting governmental agency.
Correct Answer: B.
Explanation: The 5-Minute Veterinary Practice Management Consult, page 400. The AVMA Ethics require the veterinarian and their associates or staff to protect the personal privacy of clients. Courts have repeatedly refused to extend physician-patient privilege statutes to veterinarians, and only a few states in fact have a veterinarian-client statute. A veterinarian served with a criminal case or governmental investigatory subpoena or order might not be allowed to tell his or her client, or obtain client consent. A client who is consenting to the release of patient information is not consenting to release their financial information.
All of the following are branches of veterinary ethics except
Results: A. Descriptive veterinary ethics. B. Official veterinary ethics. C. Practical veterinary ethics. D. Normative veterinary ethics.
The answer is C. (Contracts and Benefits, pages 5-6) - Rather than ‘practical’ veterinary ethics, the fourth branch is Administrative veterinary ethics. (There are times when ethical actions are not practical, lol.) We will explore each one of these briefly.
