Legal Ethics: Chap 8 & 9

The purpose of a ________ is to specify, limit, and define the agreement that is legally enforceable

The purpose of a ________ is to specify, limit, and define the agreement that is legally enforceable

Contract

What are the 3 elements of a contract?

Offer/Communication, Consideration, Acceptance

Are preliminary negotiations considered offers?

No

Agree not to work for competitor for XX duration of time or within XX distance

Commercial ethics and Non-competition agreements

According to FS 458.347, 1 MD/DO can supervise a maximum of ______ PAs at one time

10

A PA must have at least 10 CME hours in area of prescribing, with _____ out of the 10 hours in safe and effective prescribing of controlled substance medications

3

A PA must have at least _____ CME hours in area of prescribing, with 3 out of the 10 hours in safe and effective prescribing of controlled substance medications

10

True or False: If a supervising MD/DO loose his/her privileges at a hospital, the PA does too

True

What type of supervision: Physician is physically present on the premises at the same time

Direct supervision

What type of supervision:
Physician is within close physical proximity of physical location- 20 miles or 30 minutes proximity of locations

Indirect supervision

What type of supervision:
Physician is in the same room

Immediate supervision

True or False: PAs can dispense samples for NO fee from office

True

True or False: Prescription privileges of a PA are NOT based on the supervising MD/DO

False

What act prohibits racial discrimination?

Civil Rights Act of 1964

_________ program prohibits racial discrimination of providers receiving federal funds

Health and Human Service (HHS)

According to the Sherman Antitrust Act of 1890, monopolies are guilty of a _____

Felony

The Privacy Act of 1974 provides individuals access to ______

Their own records

True or False: According to the Emergency Medical Treatment & Active Labor Act of 1986, hospital EDs are NOT required to provide appropriate medical screening exams

False

True or False: According to the Emergency Medical Treatment & Active Labor Act of 1986, hospital EDs are FORBIDDEN to "dump" patients from one ED to another

True

True or False: The Health Care Quality Improvement Act of 1986 decreases the ability of incompetent physicians to move from state to state without disclosure of incompetence

True

True or False: The Health Care Quality Improvement Act of 1986 does NOT protect physicians improperly subjected to disciplinary action

False

What act protects the privacy, confidentiality, and security of patient information?

HIPAA

True or False: Annual HIPAA training is required for all health care professionals

True

Is SOX about regulation or self-regulation?

Self-regulation

What act rules "authority" liable for going beyond its scope of authority?

Ultra Vires Act

A legal doctrine that holds employers liable for wrongful acts of their employees, employer is answerable for the torts committed by employees

Respondent superior

Relationship established when a principal has no right of control over the manner in which the agent's work is performed, therefore contractor is responsible for his/her own negligent acts

Independent contractor

The hospital is liable if it fails to uphold the proper standard of care owed to the patient, which is to ensure the patient's safety and well being while at the hospital

Corporate negligence

The CEO code of ethics is developed by the _______

American College of Healthcare Executives (ACHE)

The CEO must comply with the _____ commission

Joint

The _______ commission establishes standards for all hospitals

Joint

Responsible for the accreditations of hospitals, ambulatory care, home care, behavioral health care, laboratory services, long term care, and office-based surgery

The Joint Commission