Medical Law & Ethics Final Review Ch9 -15

The person in charge of medical records for a physician's office is preparing to release medical records requested by an insurance company. Which of the following is a recommended guideline for this procedure?

Verify the patient's name, address, and date of birth on the authorization.

Verify the patient's name, address, and date of birth on the authorization.

When they will be used for teaching purposes.

When a patient medical record is subpoenaed by the court, which of the following information must be listed on the subpoena?

The trial date and time

Which of the following information is not usually included in the process of the doctrine of informed consent?

The reputation of the physician performing the procedure

Which of the following information is the federal statute known as the Confidentiality of Alcohol and Drug Abuse, Patient Records designed to protect?

Patient treatment

Which of the following is a central component of health information technology (HIT)?

The patient's medical file

Which of the following is a result of the promotion of health information technology (HIT) in the medical industry?

Expanded access to affordable care

Which of the following is an example of a patient who usually cannot give informed consent?

An adult who is mentally incompetent

Which of the following legislation states that patients that ask to see and/or copy their medical records must be accommodated with a few exceptions?

HIPAA

Which of the following statements is true regarding the provisions of the Good Samaritan Acts?

The person giving aid owes the stranger a duty of being reasonably careful.

A health care practitioner is treating a female patient who presents with signs of abuse. Her husband is standing protectively nearby. Which of the following is a recommended initial action when treating this patient?

Place a sign with tear-off hotline numbers for battered women in the restroom.

A physician is completing a death certificate for a patient who died of cancer. Which of the following is a recommended guideline for this procedure?

Do not use rubber stamps or initials in place of signatures.

A physician issues a medical prescription for a patient. What is the term for this practice?

Prescribe

A physician prescribes pentobarbital for a patient who is experiencing seizures. Phenobarbital is an example of what schedule of drug?

Schedule II

As of February 2011, 35 states recognized the death of an unborn child, in certain circumstances as which of the following?

Homicide

General regulations mandated by the Controlled Substances Act require physicians who purchase, prescribe, dispense, administer, or in any way handle controlled drugs to follow certain procedures. Which of the following accurately describes one of these pr

The physician must keep records concerning the administering or dispensing of a controlled drug on file for two years.

Immunization records are confidential and anyone who fails to protect this confidentiality is guilty of which of the following?

Misdemeanor

In some states, certain noncommunicable diseases must also be reported, to allow public health officials to track causes and/or treatment or to otherwise protect the public's health and safety. Which of the following is one of these diseases?

Epilepsy

In which of the following cases would it be legal for a physician to sign a death certificate?

If the physician attended to the deceased before the death

On what type of scheduled prescriptions are no refills allowed?

Schedule II

The National Childhood Vaccine Injury Act requires physicians and other health care providers administering vaccines to keep permanent records on vaccines administered and health problems occurring after vaccination. Which of the following information doe

Location of the vaccine manufacturer

The power of the states to initiate public health statutes is inferred from which amendment to the U.S. Constitution, included in the Bill of Rights?

Tenth Amendment

The state and federal governments collect vital statistics in the U.S. including births, deaths, marriages, divorces, and changes in civil status. What is the main purpose for collecting this information?

To assess population trends and needs

The state of Virginia checks all restaurants to make sure the conditions are sanitary. This is an example of which of the following?

Public health statutes

To help prevent violence against children, in 1974 Congress passed the Child Abuse Prevention and Treatment Act, mandating the reporting of cases of child abuse. Which of the following is a provision of this act?

Failure to report suspected cases of child abuse may be a misdemeanor.

Under each state's public health statutes, physicians, other health care practitioners, and anyone who has knowledge of a case must report to county or state health agencies the occurrence of certain diseases that, if left unchecked, could threaten the he

Diphtheria

What is the main reason health care practitioners are required to report sexually transmitted infections (STIs) to the state health department?

To treat others who may be infected

Which of the following cases in most states is not mandated as a reportable injury?

A physician suspects spousal abuse; however, the patient does not admit it occurred.

Which of the following children would be most likely to receive an influenza vaccination annually?

A child who has asthma

Which of the following is an example of a Schedule V drug?

Cough medicine with codeine

Which of the following is an example of a behavioral sign of abuse?

Illogical explanation for injuries

Which of the following is an example of a vulnerable adult who many states have passed laws to protect?

A mentally challenged adult

Which of the following is not information that is usually found on a death certificate?

Date of birth

Which of the following persons with a sexually transmitted disease would be required by most states to tell a sexual partner of this disease?

A person with HIV

Which of the following schedules of drugs are used strictly for research?

Schedule I

All employers must know the OSHA standards that apply to their business. Which of the following is the best source of information for these standards?

The Federal Register

An OSHA inspector finds that a construction company is operating under unsafe conditions that could endanger the lives of employees. What is the initial action that would be taken by the inspector?

Ask the employer to voluntarily remedy the situation.

An employee is fired for acting for "the common good" by challenging workplace policies that put patients at risk for harm. What is the term for the common law concept of wrongful discharge when an employee has acted for the "common good"?

Public policy

An employee of a medical facility is injured on the job and files for workers' compensation. Which of the following types of state compensation benefits would be available to this injured worker?

Permanent disability indemnity in the form of weekly cash payments

An employee who is laid off from his job files for unemployment insurance. Which of the following accurately describes the management of unemployment funds available to this worker?

In all but a few states the total cost is born by the employer.

An employer of a large medical facility is interviewing nurses to fill several vacant positions. Which of the following is a recommended guideline for conducting the interviews?

Stick to a list of questions that relate specifically to the job description.

By authority of the Bloodborne Pathogen Standard, OSHA can levy fines for violations leading to employee exposure to bloodborne pathogens, based on guidelines issued by the CDC. Which of the following is a CDC Guideline for Universal Precautions for Hospi

Decontaminate work surface when spills occur and daily when work is completed.

Each employer who is subject to OSHA record-keeping requirements must maintain a log of all occupational injuries and illnesses. How long should logs of occupational injuries and illnesses be kept?

Five years

Employees in medical facilities often use hazardous materials in their workplace. Which of the following is a guideline for safely handling these materials?

The employer must provide a Material Safety Data Sheet for each hazardous chemical.

Federal and state workers' compensation laws establish procedures for compensating workers who are injured on the job. Which of the following accurately describes an aspect of these laws?

The injured employee can file a claim with the government instead of suing.

Increasing health care practitioners' awareness of risk, improving work practices and appropriate use of personal protective equipment, and reducing injuries and illnesses are goals of which of the following OSHA mandates?

Hazard Communication Standard

Many states have employee right-to-know laws. What employee right do these laws protect?

Protection from unsafe work environments

OSHA standards for medical settings and health care workers are often influenced by or associated with guidelines issued by which of the following organizations?

CDC

OSHA was passed in 1970 and has had a major impact on the operation of health care facilities. What is the major concern covered by this legislation?

Safety in the workplace

The Family Leave Act of 1991 applies to employers with 50 or more employees and mandates allowing employees to take unpaid leave time for certain conditions. Which of the following conditions is not covered by this act?

Recovering from substance abuse

Title VII of the Civil Rights Act of 1964 addresses discrimination in hiring and firing. To which of the following businesses does this act apply?

Businesses with 15 or more employees working at least 20 weeks of the year

Under which of the following acts do employers contribute to a fund that is paid out to eligible unemployed workers?

FUTA

Which of the following acts mandated that employers maintain a sharps injury log and involved nonmanagerial employees in selecting safer medical devices?

Occupational Exposure to Bloodborne Pathogen Standard

Which of the following information is not included in a new employee's paperwork to comply with federal and state regulations?

Marital status

Which of the following information should not be included on an employee's W-2 form?

Amounts deducted for life insurance

Which of the following is the second highest priority of workplace inspections?

Investigation of fatalities or accidents

Which of the following may be used as evidence of just cause should a wrongful discharge lawsuit be filed by an employee against an employer?

The employee is sexually harassing another employee.

Which of the following specifically states that any equipment that may pose a health risk is included as a hazard?

General Duty Clause

Which of the following wage and hour laws provides for overtime pay and a minimum wage?

1938 Fair Labor Standards Act

A fertility specialist brings an infertile couple's eggs and sperm together in a test tube and when fertilization occurs, he transplants the resulting embryo back into the female uterus. What is the term for this type of fertilization?

In vitro fertilization

A new mother leaves her infant daughter in a safe place at a nurse's station in a hospital. This mother is protected from legal prosecution or with reduced legal prosecution by what legislation?

Safe Haven Law

A permanent change in DNA is the usual cause of genetic diseases. What is the term for this harmful effect?

Mutation

A teenager who is pregnant receives an abortion without parental notice due to "judicial bypass." What does this term signify?

The teenager has obtained approval from a judge for the abortion without parental notification.

A young infertile couple asks their physician about adopting a baby. Which of the following statements is true regarding the process of adoption?

Any adult who shows the desire to be a fit parent may adopt a child.

An African-American couple is having their baby screened for genetic diseases. Which of the following disease is most often diagnosed in African Americans?

Sickle cell anemia

An infertile couple who is adopting a child locates a birth mother and then asks an agency to take over the adoption process. This is an example of what type of adoption?

Identified adoption

Which of the following acts makes sexual discrimination and sexual harassment illegal?

Title VII of the Civil Rights Act

An obstetrician is caring for a young woman who wants to undergo genetic testing prior to becoming pregnant. What would be the best response to this patient?

Refer the woman to a qualified genetic counselor.

Both children of a family with biological parents who have blue eyes also have blue eyes. What is the science that explains these similarities?

Genetics

Harvard Medical School's Lisa N. Geller and her colleagues conducted a comprehensive and still often-quoted study throughout the 1990s. Partially due to this study, there are now laws in place to prevent:

Genetic discrimination

How are the chromosomes that make up the human genome inherited from parents?

� from the mother and � from the father

How many chromosomes are found inside the nucleus of every human cell except egg and sperm cells?

46

Infertility is considered to be the failure to conceive in how many months or longer?

12

Many infertile couples resort to infertility treatments and surrogacy to produce a baby. Which of the following is true regarding this process?

There is not a large volume of case law related to surrogacy.

Many mutations occur in nuclear DNA, but diseases can also result from mutations in Mitochondrial DNA (mtDNA), which multicelled organisms inherit mostly from mothers. Which of the following is an example of a mutation in Mitochondrial DNA?

Parkinson's disease

Mutations can involve one gene or more than one gene. Which of the following is an example of a genetic disorder involving more than one gene?

Diabetes

Some cloned animals have lived normal life spans while others, like the famous Dolly the sheep, have died young, suffering from conditions usually associated with which of the following?

Aging

The combination of proteins called nucleotides that are arranged to make up each human is known as which of the following?

DNA

Transplanting animal tissues and organs into humans is called xenotransplantation. Which of the following is one difficulty making this process problematic?

Animals cells produce sugar that human cells do not produce.

Which act, passed in 1996 prevents health insurers from denying coverage based on genetic information for individuals moving between group health insurance plans?

HIPAA

Which of the following animals are being cloned to grow a potential source of organs and tissue for transplanting into human patients?

Pigs

Which of the following do chromosomes carry that are responsible for all human characteristics from eye, skin, and hair color to height, body type, and intelligence?

Genes

Which of the following is a right guaranteed to emancipated minors?

Right to privacy

Which of the following is an example of heredity?

A couple has a baby that has facial features similar to them.

Which of the following is an inherited condition that is often detected through amniocentesis?

Down syndrome

A patient dies under suspicious conditions. Which of the following might occur to determine cause of this patient's death?

Autopsy

A patient has been diagnosed with incurable lung cancer and it is determined that death is imminent. What type of care would best serve this patient?

Palliative

A person signs up to be an organ donor through his driver-licensing agency. Which of the following is true regarding the process of organ donation?

A donor's name is released to recipients only if both parties agree to it.

A physician is caring for a patient who asks him "Can you help me die in peace?" The physician agrees to withhold medical treatment for this patient. This is an example of what type of Euthanasia?

Passive

A physician suggests hospice care for a patient with aggressive brain cancer that is not responding to curative care. Which of the following is true about hospice care?

It is not designed to target the underlying disease process.

According to the Uniform Determination of Death Act, which of the following is a criteria for death?

Entire brain ceases to function

For which of the following patients would palliative care be most appropriate?

A 35-year-old male with incurable pancreatic cancer

For which of the following reasons did pagan tribes begin the custom of covering the face of the deceased with a sheet?

They believed that the spirit of the deceased escaped through the mouth.

In 1967, what entity devised the original living will?

Euthanasia Society

In 1992, which state became the 50th state to enact advance-directive legislation?

Pennsylvania

Persistent vegetative state(PVS) exists as a result of severe mental impairment, characterized by irreversible cessation of the higher functions of the brain, most often caused by damage to which of the following organs?

Cerebral cortex

Technically, it can be said that death results from lack of which of the following?

Oxygen

The Center to Advance Palliative Care, based in New York, provides information to help patients and their families receive care that addresses all of the patient's needs. According to the organization's statistics, what percent of U.S. hospitals provide p

58%

The Patient Self-Determination Act was passed in 1990. What patient's concern did this legislation address?

Advance directives

The right to die first became a matter for the courts to deliberate in 1976, with the death of whom?

Karen Ann Quinlan

The six-year Study to Understand Prognoses and Preferences for Outcomes and Risks of Treatment (SUPPORT) conducted by the Robert Wood Johnson Foundation in 1996, showed that more than what percent of people dying in hospitals suffered from uncontrolled pa

50%

What aspect of death and dying did the late Elisabeth K�bler-Ross, MD describe?

Coping methods of persons who are grieving

What may be the consequential result of autopsies performed in hospitals to confirm or correct clinical diagnoses?

Quality assurance

Which of the following correctly describes an aspect of hospice care?

Most in-home hospice programs are independently run.

Which of the following in not an organ that can be transplanted?

Brain

Which of the following is a recommendation for talking to a dying patient (adapted from "I Don't Know What to Say...": How to Help and Support Someone Who Is Dying (Little, Brown, 1989), by oncologist Dr. Robert Buckman)?

Do not give unsolicited advice because it stops the dialogue.

Which of the following is a stage of grief described by Roberta Temes, PhD in her book, Solace: Finding Your Way Through Grief and Learning to Live Again (New York: Amacon Books, 2009)?

Disorganization

Which of the following is not a goal of palliative care?

Using current research studies to effect a cure for a terminal illness

Which of the following is one of the provisions of the Uniform Anatomical Gift Act?

Except in autopsies, the donor's rights override those of others.

Which of the following was the goal of the Organ Donation and Recovery Improvement Act, passed in 2004?

Increase organ donations.

A powerful computer is used to develop new drugs by looking at the molecular structure and chemical composition of target cells and creating substances that will bind to certain molecules, affecting their function inside the body. What is the term for thi

Rational drug design

According to the Centers for Disease Control and Prevention, about what percent of the population were without health insurance when surveyed in 2010?

16

As health care moves into the twenty-first century, due to technological advances, what will become increasingly important and probably increasingly controversial?

Availability of health insurance

Currently, baby boomers make up more than what percent of the population?

33

If current trends with the percentage of the GDP represented by health care spending continue, by 2050, the Congressional Budget Office projects, health care spending could easily exceed what percentage of the GDP?

37

In 2000, Mani Menon, a surgeon at the Henry Ford Hospital in Detroit, was the first person in the United States to use which of the following new techniques?

Robotic surgery

Legislation to substantially reform the American health care industry was introduced during the Clinton presidential administration, in the form of which of the following?

Health Security Act of 1993

Life expectancy in the United States is currently about how many years, placing the United States 49th when compared with other countries?

78

Much has been written about the effects of the baby boom generation on health care services in the United States. The baby boom generation is defined as those individuals born between:

1946 and 1964

Programs such as Medicare, Medicaid, Federal Employees Health Benefits Program, Military Health System, Veterans Health Administration, Indian Health Service, and State Children's Health Insurance Program help to pay the cost of health care services. What

Governments

The Institute for the Future, an independent, nonprofit research group based in California, studies and issues forecasts concerning certain aspects of life in the United States. In 2009, the group's predictions about health care were detailed in the publi

Educating health care practitioners

The NHQR has become an annual event, allowing for continuous tracking of certain health care measures. According to 2010 data, which of the following is an area that warrants urgent attention?

Hospital-based infections

The State Children's Health Initiative Program (SCHIP) was enacted by the Balanced Budget Act of 1997. Which of the following is true regarding this act?

It ensures health care for low-income children under 19 not covered by Medicaid.

The U.S. Department of Health and Human Services, Health Resources and Services Administration, has determined that what percent of the nation's population resides in areas where physicians, dentists, and other health care practitioners are in short suppl

20%

The most successful uses of xenotransplantation to date have involved transplanting into human patients what animal skin and nervous tissues?

Pig

The term that describes the amount of money that health care stakeholders spend on health care in the United States is which of the following?

Cost

What has been the largest barrier to using stem cells to treat disease?

Ethical and religious objections

What is the major advantage of administering an artificial blood substitute to a patient with traumatic brain injury?

It restores the oxygen level in tissues faster.

What is the most important reason that health care stakeholders should be concerned about the rising share of the GDP that health care expenditures consume?

Higher health care spending is the main force expanding the federal budget.

What is the term for those who have a vested interest in the health care industry?

Stakeholders

Which of the following conditions has been suggested as being related to developing diabetes?

Obesity

Which of the following countries spends the most on health care?

United States

Which of the following new trends in health care would be most likely to decrease health costs?

Minimally invasive surgery

Which of the following sell health care policies to individuals, agreeing to pay certain health care costs for policyholders for a fee?

Private insurers

Which of the following was a provision of the Patient Protection and Affordable Care Act of 2010?

Provide public financing for health care for Americans at or below poverty level.

A health care practitioner uses encryption to protect patient information from unauthorized users on the Internet. Which of the following best describes this process?

Information is scrambled or encoded before sending it electronically.

A health care professional provides a limited data set for research purposes. The recipient then enters into an agreement promising specified safeguards for the protected health information within the limited data set. What is the definition of a limited

Protected health information with removal of certain patient identifiers

A health care provider "de-identifies" the health information in a patient's record. Which of the following occurs with this process?

All PHI is removed from the patient record.

A hospital administrator oversees records maintained for the hospital, which is a HIPAA-covered entity. Which of the following would not be considered a designated record set?

Personnel records

A patient asks a health care provider how to protect her privacy regarding patient information. Which of the following is a recommended guideline?

Ask how large health care organizations share patient information.

For which of the following patient rights under the HIPAA privacy rule is it only recommended that documentation is obtained, not required?

A patient requests access to his medical record to copy it.

HIPAA contains standards that health care facilities must implement within a certain time frame. How many standards are included in this legislation?

4

HIPAA now mandates that all health care providers must ensure that they can send and receive information using standard data formats and data content. Who is responsible for compliance with this rule?

Health care providers

Health care practitioners and facilities may be asked to disclose PHI "for the public good." Which of the following is a recommended guideline for this process?

Release PHI to public health authorities if child abuse or neglect is suspected.

Health care providers can disclose patient information according to HIPAA legislators, but they must identify a reason for each use. Which of the following is the correct term for this reason?

Permission

It is a general requirement of HIPAA to protect a patient's personal health information. What is the term for this HIPAA requirement?

Standard

Standard 3 of the HIPAA legislation is the security rule. What does the term "security" mean in this situation?

Policies are put in place to protect electronic PHI from unauthorized access.

TPO is an important HIPAA term. Which of the following describes an aspect of this acronym?

Treatment

The right to privacy is expressed in amendments to the United States Constitution. Which of the following is one of the amendments that deals with privacy issues?

Third

To which of the following may PHI be disclosed without consulting a privacy officer for the institution?

Coroners

What is the initial patient action if he or she feels a health care practitioner has violated the HIPAA privacy rule?

The patient must file a written complaint with the secretary of HHS.

Which of the following acts forbids federal agencies from allowing information to be released other than that for what it was collected?

Privacy Act

Which of the following administrative bodies has enforcement authority for HIPAA Administrative Simplification Standards, including transactions, code sets, and identifiers?

Centers for Medicare and Medicaid Services (CMS)

Which of the following amendments guarantees that information relevant to science and medicine can freely flow throughout the international marketplace of ideas?

First

Which of the following examples would not be a HIPAA standards-covered transaction?

A patient sends an e-mail message to a physician that contains patient identification.

Which of the following is not a violation of HIPAA's privacy rule?

A health care provider discloses information to a patient's husband without patient consent after the patient identified him as entitled to receive the information.

Which of the following is a recommended guideline for preventing incidental disclosures of PHI without authorization from the patient?

Do not place patient charts outside exam rooms unless the file is reasonably protected.

Which of the following statements regarding HIPAA policy is true?

An employer cannot access an employee's health record without patient permission.

Which of the following was the first federal legislation to deal thoroughly and explicitly with the privacy of medical records?

HIPAA

Which of the following would be most likely not to be regulated by HIPAA?

An Internet company storing personal health records

A nurse documenting patient care makes an error when recording the vital signs. Which of the following is the correct guideline for correcting errors in a patient's medical record?

Draw a line through the error so that it is still legible and write above or below the line.

A physician has a private practice employing a physician assistant and two nurses. The physician also has hospital privileges at a nearby facility. Who owns the medical records generated by his office?

The physician

A physician has an obligation to his or her patient based on trust and confidence. What is the term for this obligation?

Fiduciary duty

A physician in a private practice examines a patient who is being considered for a job with a pharmaceutical company. The prospective employer pays for the physical. Who is the owner of the medical record in this example?

The physician

A physician receives a subpoena for a patient's medical records to help determine an award in a workmen's compensation case. How would the physician handle this request?

Photocopy the medical record and send to the attorney who issued the subpoena.

A plastic surgeon documents the before and after pictures of a patient after receiving a signed consent from the patient. Which of the following torts might occur from photographing a patient without proper consent?

Invasion of privacy

A plastic surgeon routinely photographs patients to document care. Which of the following accurately describes information that should be included on the consent form for this type of photography?

The patient understands that authorization must be given to release photos outside the facility.

The patient understands that authorization must be given to release photos outside the facility.

20

For which of the following examples would implied consent not be legally appropriate?

A patient agrees to a test for HIV.

In Planned Parenthood v. Casey, 505 U.S. 833 (1992) which of the following provisions was the only provision to fail the "undue burden" test?

The husband notification requirement

The husband notification requirement

When a subpoena duces tecum is issued

In which of the following situations is a physician not expected to obtain consent before proceeding with treatment?

When the physician is acting in an emergency situation.

Technically, abortion is legal in how many states?

50

The Good Samaritan Acts were passed to protect physicians from being charged with which of the following torts?

Negligence

The doctrine of informed consent is the legal basis for informed consent. Under which of the following is this doctrine usually outlined?

State medical practice acts