Exam Notes

These are state laws that establish the fields of medicine and nursing.
They are significant as potential topics on national exams because every state has them.
These laws define the scope of practice for each field.

Licensure:
- A mandatory requirement to practice as a doctor or nurse.
Certification:
- Voluntary, pursued for personal or professional benefit (e.g., ultrasound, surgical tech, MA).
- Not legally required to practice in the field.

Competence:
- Demonstrates an average level of skill, indicating the ability to consistently reproduce skills correctly.
Board Certification:
- An additional step for doctors, signifying expertise in a specific field.
- Often required by insurance companies for network inclusion.
- Involves further education and exams.
- Experts are held to a higher standard and judged against other experts.
- The state is not involved in board certification.

Boards, such as the Board of Nursing, create rules and regulations for their respective professions (e.g., nursing, electrician, plumbing).
One key area of rule-making involves disciplinary actions against members.
- Disciplinary Actions:
  - Warning: A stern reprimand.
  - Suspension: Temporary removal of license, with potential for reapplication but no guarantee of reinstatement.
  - Revocation: Permanent loss of license, reserved for severe offenses posing a danger to the public.

Healthcare professionals have a public reporting duty for specific events, including:
- Births
- Deaths
- Crimes of violence with injuries (e.g., stabbing, shooting)
- Child abuse
Reporting these events is mandated by law and does not constitute a HIPAA violation.

Federal law classifying drugs into five schedules based on their potential for abuse and medical use.
- Schedule I: No accepted medical use, high risk of dependence (e.g., heroin, marijuana).
- Schedule V: Least risk of dependence or abuse (e.g., old antibiotics).
Marijuana remains a Schedule I drug at the federal level, despite some states having recreational and medical marijuana laws.
The Act controls narcotics and some non-narcotics.
Opioids are a primary focus of controlled substance regulations.

Employers are governed by federal and state laws and cannot discriminate in hiring, firing, or terms of employment.
Employers can test job-related core skills.
Employers can require physical exams after a job offer (15+ employees).
Human Resources (HR) primarily protects the employer, aiming to prevent lawsuits.
Anything disclosed to HR is not confidential, and they must act upon it.

Prohibits discrimination based on race, religion, ethnicity, country of origin, marital status, or family status.
- Discrimination is defined as treating two people differently without justification.
Disparate Impact:
- A seemingly neutral rule disproportionately affects one group.
- Example: Height requirements for law enforcement or firefighters.
EEOC (Equal Employment Opportunity Commission):
- Federal agency overseeing workplace complaints.
- Complaints must be filed within 180 days of the incident.
- The EEOC issues a "right to sue" letter if they decline to represent the case.

Inquiries about race, religion, ethnicity, family or financial status are prohibited.
The focus should be on an applicant's ability to perform the job, not personal attributes.
Testing of skills and physical exams are permissible if related to essential job functions.

Defined as gender-based conduct.
Quid Pro Quo:
- A supervisor-to-subordinate situation; one instance is enough to constitute harassment.
- The victim must clearly communicate that the conduct is unwelcome.
Hostile Work Environment:
- Employee to employee conduct.
- The complained-of conduct impacts the ability to do the job.
- Not all offensive conduct qualifies as hostile.
Protected classes: women, minorities and older Americans receive extra government help in order to rectify past wrongs.

Refers to invisible barriers preventing individuals from reaching the highest levels of an organization.
Breaking it signifies an individual rising higher than anyone before in their group.

Benefits offered by a company in exchange for an employee's quiet departure and a waiver of rights to sue.
Terms are negotiable could include health insurance, payment based on years of service, age, etc.

Protects individuals age 40 and over.
Replacing an older employee with another of the same age can still be age discrimination if other terms were not followed.
Review absolute and qualifier terms on exams.

Federal law requiring reasonable accommodations for otherwise qualified individuals with disabilities.
Requires 15 employees federally to kick in, some states require less.
An employer may request medical proof of disability and can discuss potential accommodations.
Accommodations can be requested at the time of hire or during employment.

Deals with overtime pay.
Overtime is calculated after 40 hours per week, at a rate of one and a half times the regular hourly rate.
True salary employees are not eligible for overtime.
Comp time can be offered in lieu of overtime pay.
New Jersey Department of Labor investigates potential law violations.

Federal law provides up to 12 weeks of unpaid leave for eligible employees after 1 year/1250 hours.
New Jersey has paid FMLA paid like state disability after 1000 hours.
Employers must hold the employee's job during FMLA leave.
Generally kicks in after 50 employees.

Social Security:
- Normal retirement age is 67 (based on year of birth).
- Early retirement at 62 results in a reduced benefit.
- Late retirement at 70 increases benefits.
- Social Security statements are available online at socialsecurity.gov.
- Benefit is based on the 35 best earning years.
- Social Security is taxable federally.
Defined Benefit Plan:
- The gold standard of retirement plans, providing a guaranteed payment for life.
401(k) or 403(b):
- Investment-based retirement plans.
- Employers can match contributions of up to 6% and grows tax free.