Deck 3: Professional Ethics, Legal, and Regulatory Issues

Question 1

Failure to act or perform duties according to the standard of care for phlebotomy is:

A) a battery
B) negligence
C) criminal action
D) slander

Answer 1

negligence

Question 2

In legal cases, "what a reasonably prudent person would do under similar circumstances" refers to:

A) informed consent
B) implied consent
C) standard of care
D) bioethics

Answer 2

standard of care

Question 3

When a phlebotomist gives aid during an emergency, he or she is usually protected through:

A) rightful action consent
B) CLIA
C) FDA
D) implied consent

Answer 3

implied consent

Question 4

Before a patient's laboratory test results can legally be released to another physician or health care facility, the patient must:

A) tell the clinical laboratory that it is okay to do so
B) provide a letter from his or her lawyer agreeing for the release
C) provide his or her informed consent
D) provide his or her implied consent

Question 5

The standard of care presently used in phlebotomy malpractice legal cases involving health care providers is based on the conduct of the average phlebotomist in which area?

A) city
B) state
C) regional community
D) national community

Question 6

The federal law enacted that regulates the quality and accuracy of laboratory testing (including phlebotomy procedures) by creating a uniform set of provisions governing all clinical laboratories is referred to as:

A) HCFA
B) CLIA
C) FDA
D) The Joint Commission

Question 7

A young boy who refused to have blood collected from his arm was locked in a room by a health care worker and was forced to have the blood collection. This is an example of:

A) implied consent
B) assault and battery
C) invasion of privacy
D) informed consent

Question 8

Which of the following agencies administers CLIA?

A) FDA
B) CMS
C) CPS
D) EPA

Question 9

Which of the following branches of government writes laws that are called statutes?

A) judicial branch
B) U.S. Supreme Court
C) executive branch
D) legislative branch

Question 10

Which of the following best describes the moral issues or problems that have resulted because of modern medicine, clinical research, and/or technology?

A) judicial law
B) bioethics
C) executive law
D) patients' rights

Question 11

The legal term for improper or unskillful care of a patient by a member of the health care team or any professional misconduct, unreasonable lack of skill, or infidelity in professional or judiciary duties is:

A) malpractice
B) litigation
C) liability
D) invasion of privacy

Question 12

CLIA is enforced by the:

A) Centers for Medicare and Medicaid Services
B) Centers for Disease and Prevention Control
C) Health Care Financing Administration
D) Centers for Disease Control and Prevention

Question 13

Which federal law states that a laboratory with moderately complex or highly complex testing must have written policies and procedures for specimen collection and labeling?

A) FDA
B) CLIA
C) EPA
D) OSHA

Question 14

Which of the following has recognized rights for patients in health care organizations through "The Patient Care Partnership"?

A) CLIA
B) AHA
C) CDC
D) OSHA

Question 15

Under which of the following concepts are the supervisors and directors of laboratories held liable for the negligent actions of their employees?

A) misrepresentation
B) res ipsa loquitur
C) respondeat superior
D) malice

Question 16

Examination of witnesses before a trial is referred to as:

A) implied consent
B) discovery
C) statute of limitations
D) respondeat superior

Question 17

In a malpractice lawsuit, the first statement of a case to be filed is by the:

A) patient's case worker
B) plaintiff
C) defendant
D) clinical laboratory administrator

Question 18

Which of the following is the best example of setting the standard of care for blood collection?

A) Southwest Regional Phlebotomists' Association
B) Texas Association for Clinical Laboratory Sciences
C) California Clinical Laboratory Association
D) The Joint Commission

Question 19

A large number of negligence health care lawsuit cases arise out of the violation of:

A) implied consent
B) CMS requirements
C) felony activities
D) violation of patient confidentiality

Question 20

A phlebotomist who routinely collects blood specimens from homebound patients should obtain information on the state's law regarding:

A) moderately complex or highly complex lab testing
B) alcohol abuse of the patient
C) patient's confidentiality and HIV status
D) drug abuse of the patient

Question 21

Which of the following legal concepts refers to the voluntary permission by a patient to allow touching, examination, and/or treatment by health care providers?

A) implied consent
B) battery
C) informed consent
D) assault and battery

Question 22

Professional negligence in blood collection is the same as:

A) malice
B) malpractice
C) informed consent
D) implied consent

Question 23

A consent document to collect blood for research purposes from patients is established through:

A) IRBs at institutions
B) AHA
C) The Joint Commission
D) CLIA

Question 24

Blood collection from patients and other individuals for research purposes is regulated through the:

A) CMS regulations
B) National Research Act
C) AHA
D) The Joint Commission

Question 25

Ethics are societal rules or regulations that are obligatory to serve.

Question 26

Assault is the unjustifiable attempt to touch another person.

Question 27

Negligence is a violation of a duty to exercise reasonable skill and care in performing a task.

Question 28

A tort is a criminal wrong committed against a person.

Question 29

HIPAA was created to protect the public from substandard laboratory testing practices and provide a safe work environment for laboratory personnel.

Question 30

CMS enforces CLIA.

Question 31

A laboratory performing only dipstick urinalysis is required to undergo a CLIA inspection.

Question 32

Implied consent occurs when the patient's nonverbal behavior indicates agreement.

Question 33

The statute of limitations defines how soon after a negligent act that the plaintiff must file the lawsuit or be forever barred from doing so.

Question 34

IRBs were established through the National Research Act.

Question 35

The use of electronic transfer of patients' information is regulated by ________.

Question 36

Malpractice, or ________, is defined as improper or unskillful care of a patient.

Question 37

Supervisors may be held liable for the negligent actions of their employees under ________.

Question 38

The general term for criminal offenses not serious enough to be classified as felonies is a ________.

Question 39

The health care worker or institution against whom the action or lawsuit is filed is the ________.

Question 40

The law used for a plaintiff to sue for monetary damages is ________ law.

Question 41

PHI stands for ________.

Question 42

All health care workers must conform to a specific ________ to protect patients.

Question 43

The ________ is the testimony of a witness that has been recorded in a written legal form.

Question 44

Full ________ explains the full nature of a research project and any risks.

Question 45

List at least four problems that can lead to phlebotomy lawsuits.