Deck 5: Legal and Ethical Issues

Question 1

Which of these activities is outside the scope of practice for a medical assistant regardless of the state in which he or she practices?

A)Phlebotomy
B)Injections
C)Scheduling appointments
D)Diagnosing patient illness

Answer 1

D
Medical assistants are not licensed to diagnose patient illnesses, regardless of the state/place of employment.

Question 2

What are three of the principles expressed in the Patient Bill of Rights?

A)The right to nondiscrimination
B)The right to receive clear and accurate information about plan of care
C)The right to participate in health-care decisions
D)All of the above

Answer 2

D
All three of these principles are expressed in the Patient Bill of Rights.

Question 3

Patient identifiers included in the HIPAA regulations include:

A)Patient birthdate
B)Patient laboratory results
C)Patient date of service
D)Reference ranges

Answer 3

A
The patient identifiers include information that specifically links a patient to his or her medical record. The birthdate is one of these identifiers.

Question 4

Please list one example of how a medical assistant may help with risk management to protect patients, one example of how MAs may be protecting employees, and one example where an MA may be protecting the employer.

Question 5

How are laws and ethics similar?

A)Both law and ethics offer structure to the behaviors of individuals.
B)There are no similarities that are identifiable.
C)Both are mandated by governmental agencies.
D)None of the above

Question 6

_______consent is necessary whenever the patient's treatment could include details that pose a significant risk to the health of the patient.

A)Implied
B)Informed
C)Emancipated
D)Statute

Question 7

Consider this scenario: A medical assistant draws blood from Mr. Quinton, who has veins that are difficult to find. The MA is successful with his blood draw after several tries, but in his haste to properly label the tube and thank the patient for his patience, the MA forgets to remove the tourniquet from Mr. Quinton's arm. Several hours later, John calls the office and tells the manager that he has blood all over his arm from the draw site, and he found the tourniquet still on his arm when he arrived home. Is this an example of an intentional tort?

A)No, it is not an intentional tort.
B)Yes, it is an intentional tort.
C)No, but it is an example of an assault.
D)No, but it is an example of libel.

Question 8

HIPAA stands for:

A)Health Information Protective Accountability Act
B)Health Insurance Portability and Accountability Act
C)Health Information Portability and Accountability Act
D)Health Information Portability and Accountability Administration

Question 9

Examples of patient identifiers include:

A)The patient's birthdate
B)The type of medication that a patient might be taking
C)The address of the patient
D)A and C

Question 10

Consent always has to be expressed orally for every health-care procedure.

Question 11

Describe one way to protect patient health information in a physician office laboratory (POL).

Question 12

Mr. Lyons is at the laboratory to have his blood drawn. He was released the day before from a long hospital stay, and his arms are very bruised from numerous blood draws and IV access. As he is escorted back to the phlebotomy chair, he notices that the phlebotomist who is preparing to draw his blood is a student. He asks her how long she has been working in the office, and she tells him that this is her second day there.After he is seated, Mr. Lyons asks the student if there is someone else more experienced available to draw his blood. She tells him that the other phlebotomist has left the office for a few minutes, so she is the only one there. Respectfully, Mr. Lyons tells the student that he will not allow her to draw his blood, and he wants to wait for someone more experienced to arrive in the office. She tries to convince him that she is qualified, but he continues to refuse the blood draw.Is Mr. Lyons within his rights as a patient to refuse this blood draw? Why do you think he may be making this decision?

Question 13

Diane is a receptionist working at an orthopedic office. One afternoon a prospective patient comes in and asks her about the services offered by the facility. Diane provides the patient with a brochure and a brief overview. She then continues to share additional statements about another office to dissuade the patient from seeking care elsewhere.If Diane shares statements that are not factual with this patient about the other office, what wrongful act may she be guilty of?

Question 14

There are no circumstances where protected health information may be shared without the consent of the patient.Short Answer

Question 15

Duress may be experienced by a patient who is:

A)Forced or coerced into a plan of treatment
B)Threatened if he or she does not undergo a certain plan of treatment
C)Touched without his or her permission being given or implied
D)Told something dishonestly about his or her diagnosis with the intent to hide the truth

Question 16

How does the AMA (American Medical Association) code of ethics define the actions of a physician?

A)The AMA code of ethics establishes legal boundaries for a physician's practice.
B)The AMA code of ethics describes rules to help a new physician establish his or her practice.
C)The AMA code of ethics provides behavioral standards for those in medical practice.
D)The AMA code of ethics does not define the actions of a physician.

Question 17

The performance of a lawful act in an improper manner is:

A)Misfeasance
B)Malfeasance
C)Nonfeasance
D)Disfeasance

Question 18

Does a lawyer who is representing a client in a divorce proceeding have the right to receive copies of results from a recent laboratory test for a patient?

A)No, this right does not exist under any circumstances
B)If it is the patient's lawyer and the patient states (in writing) that the lawyer can receive the results, this would be acceptable.
C)Any lawyer can receive the results if they are to be used in a current case.
D)Yes, this is allowed even without the patient's consent.