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70 Cards in this Set
- Front
- Back
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Joseph, who is 15 years of age, was struck by an automobile while riding his bicycle. He was rendered unconscious. An ambulance was called and Joseph was taken to the local Emergency Room. The E.R. physicians immediately began to treat Joseph for a head injury. Unfortunately, Joseph died as a result of his injuries. Joseph's parents want to file a lawsuit against the E.R. physicians claiming that the physicians treated Joseph without the parents' consent.
Which legal theory or legislative Act below will best protect the E.R. Physicians for the liability of treating Joseph without consent? ____________ a. EMTALA- Emergency Medical Treatment and Active Labor Act. b. The Fair Labor Standards Act. c. Statutory Implied Consent. d. The rights of an Emancipated minor. |
c. Statutory Implied Consent.
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While 6 year old Mary was at school, she cut herself on her thigh. When Nurse Fletcher was attending to the wound, because Mary had on short blouse, she noticed some bruising along Mary's lower back. Nurse Fletcher contacted the County agency for children's welfare to report her findings.
Subsequently, Mary's parents are suing Nurse Fletcher for negligence regarding her actions of reporting her findings. As long as Nurse Fletcher reported her actions in good faith she would be protected under the State's statute to report suspected _______________ ______________ findings. |
child abuse
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Maria, who works for Dr. Goodlooking, a Plastic Surgeon, was at a party over the weekend. After having too much to drink she began to tell the story of how Ms. Hilton was in Dr. Goodlooking's office last week and she received buttock enhancement surgery. Maria stated Ms. Hilton would be returning next week to receive Botox treatments.
If Ms. Hilton decided to pursue a lawsuit against Maria and Dr. Goodlooking, from the options below choose the best legal theory that she could use to sue. ____________ a. Violations of the Civil Rights Act of 1964. b. Violation of the Health Care Quality Improvement Act of 1986. c. Violation of HIPAA regulations regarding Protected Health Information d. Violation of the Occupational Safety and Health Act of 1970. |
c. Violation of HIPAA regulations regarding Protected Health Information
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Susan admitted her diabetic mother, Gladys, into the local community hospital for an outpatient surgery to remove two toes on her left foot. After three hours of surgery Gladys emerged from the operating room with a big white bandage on her right foot.
If Susan decides to sue on behalf of her mother, Gladys, which would be the best legal theory to ensure victory for Gladys? _____ a. The surgeon is vicariously liable. b. The surgery was performed outside the scope of consent. c. The surgeon did not practice adequate risk management. d. The surgeon has adequate medical malpractice insurance. |
b. The surgery was performed outside the scope of consent.
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Michael is physically disabled, is restricted to a wheelchair for mobility, he went to Dr. Smith's medical clinic, a multi-storied building that has an elevator which is inoperable. Dr. Smith refuses to pay to have it repaired. Michael could not enter the building's upper floors as a result of the inoperable elevator. Michael brings a lawsuit against Dr. Smith.
Which would be the best legal theory of the choices below for Michael to file a lawsuit against Dr. Smith? __________ a. Emergency Medical Treatment and Active Labor Act (EMTALA). b. Patient Self Determination Act. c. American Disabilities Act. d. Consolidated Omnibus Budget Reconciliation Act (COBRA). |
c. American Disabilities Act.
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Dr. Sights, a Podiatrist (foot doctor) was intrigued by the new laser surgical procedure which alleviated the need for glasses to correct vision. As such, he convinced Ms. Smith to allow him to perform this surgery on her. Dr. Sights did not have clinical privileges to perform the procedure at Local Community Hospital. As a result of the surgery performed at Local Community Hospital, Ms. Smith lost her sight in the eye on which Dr. Sights performed the surgery on.
If Ms. Smith decides to sue for damages which parties would be liable for damages? ____________ a. Dr. Sights b. The Board of Directors of Local Community Hospital c. The eye glasses manufacture d. a and c e. a and b f. a, b, and c. |
e. Dr. Sights and The Board of Directors of Local Community Hospital
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Local Community Hospital's Medical Staff office has just received a letter informing them that Dr. Jacobs is being sued for malpractice. The hospital's Medical Staff office must notify what agency/organization informing that agency/organization of the pending lawsuit?
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National Practioneer's Data Bank
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Wilomina looks after her 90 year old mother. She provides custodial care and handles her finances. Often, Wilomina physically strikes her mother and spends her mother's money on herself.
Potentially, Wilomina could be charged with ________________ _______________ for these actions. |
Elder Abuse
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When determining if informed consent for treatment has been granted, a person's _______________ competency must be considered by the physician.
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Mental
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Michael, an employee of Local Community Hospital, injured himself at work. Now he is off work on medical leave and he is entitled to medical services to treat the work related injury through the State program called _________________ _________________.
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Workmen's Compensation
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Dr. Norman, a prominent plastic surgeon, has been granted clinical privileges to practice at Local Community Hospital for two years. A year after being in practice, Local Community Hospital informs Dr. Norman that he will no longer be able to practice there and that the hospital has recently hired Dr. Beautiful, a female plastic surgeon who just happens to be the personal physician to Oprah Winfrey. Dr. Norman has appealed his dismissal to the hospital medical staff committee to no avail.
At this point in time Dr. Norman is going to pursue legal action. What would be the best legal theory for Dr. Norman to sue Local Community Hospital as a result of their dismissing him from the medical staff? ____________________________________ |
Breach of Contract/ill Legal Restraint of Trade
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A hospital can be held liable for any harm caused to a patient if the hospital's Medical Staff Department appoints a physician to the Medical Staff prior to assuring______? Chose one only ______________________
a. Informed consent is obtained. b. The physician's performance meets the standard of care. c. The appointment follows the process as stipulated in the Health Quality Assurance Act 1986 before granting medical staff privileges. d. The Physician is competent. |
c. The appointment follows the process as stipulated in the Health Quality Assurance Act 1986 before granting medical staff privileges.
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Recently, WellPoint HMO was fined by which State of California Regulatory Agency for the violation of cancelling members health insurance policies without a valid reason?
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Department of Managed Health Care
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In accordance with the Health Care Quality Improvement Act of 1986 a hospital's Medical Staff Department must report to which organization any disciplinary actions against a physician that results in a suspension that is greater than 30 days?
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National Practioneer's Data Bank
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If another's substituted judgment is allowed to be used to make decisions regarding treatment for a person who is physically or mentally incapacitated name one of the legal documents that would be used.
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Health Proxy, Durable Power of Attorney for Health Care
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The physician has a duty to provide material ________________________ regarding treatment and treatment choice so that the patient can make an _______________ _____________________ regarding the treatment.
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Information, Informed, Decision
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Treatment consent is the voluntary __________________________ by a person who possesses sufficient _________________ capacity to make an ______________________ ______________________to allow something proposed by another to be performed on himself or herself.
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Agreement, mental, informed, decision
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HMO's that offer their members a Point of Service Plan make available to the member the option of using the HMO coverage, the PPO coverage, and the _________________ coverage.
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Indemnity
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The U.S. Department of Health and Human Services (DHHS) prohibits discrimination on racial grounds to all providers of services receiving __________________________ funds under Medicare legislation.
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Federal
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If Dr. White provided medical treatment to patient Smith, which was below the standard of practice, and subsequently three days later went and re-wrote the medical record for patient Smith to reflect that he performed his medical procedure correctly (within the standard of practice) tearing out the original page and substituting a new page into the patient's medical records. He has committed what crime?
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Falsifying a medical record/Destroying a medical record
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The delineation of clinical privileges is the process by which the medical staff department determines precisely what procedures a __________________ is authorized to perform.
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Physician
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The relationship between a physician and a patient, once established continues until it is ended by the __________________ of the parties, the patient's ___________________ of the physician, the physician's withdrawal for the case, or agreement that the physician's services are no longer required. A physician who decides to withdraw services must provide the patient with reasonable ______________ so that the services of another physician can be obtained. Premature termination of treatment is often the subject of a legal action for ________________________.
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agreement, termination, notice, abandonment
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A medical record is required to be maintained for each _________________ in accordance with accepted professional _______________________ and practices.
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Patient, Standards
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After an earthquake the Paramedics rendered emergency care to persons in a collapsed building. Martha, who was in the building and was hurt, received blood as a part of her emergency treatment. Martha is a Jehovah Witness believer. If she sues the paramedics for battery which legal theory below will best protect the Paramedics from the civil liability lawsuit from being successful? _____________________
a. Comparative Negligence b. Statutory Implied Consent c. The Americans with Disabilities Act of 1990 d. Patient Self Determination Act |
b. Statutory Implied Consent
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A violation of the HIPAA regulations would be the non authorized _________________ of Protected Health Information, that is not used for treatment, payment, and health care operations.
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disclosure
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An Emancipated Minor has a legal right to have an abortion based on which of the following laws below?
a. EMTALA b. Occupational Safety and Health Act c. Patient Self Determination Act d. American Disabilities Act |
c. Patient Self Determination Act
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In the case where a pregnant mother is refusing medical treatment that would protect her life and the treatment would not harm the mother or unborn child, the doctor/hospital may request from a court of law an order forcing the mother to have the treatment. The court may force the mother to have the treatment because the _________________ has an interest in the well being of the unborn child.
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State
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In an at will employment situation it is implied that both parties will conduct themselves in a manner that fosters good _____________ and fair __________________ prohibiting either party from doing anything that will injure the right of the other to receive benefits.
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faith, dealings
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If the employer, rather than acting directly, makes an employee's working condition so intolerable that the employee is forced into voluntary resignation what is the best legal theory to sue the employer?
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Constructive termination/discharge
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In order to qualify as a Charitable Organization you must: (COMPLETE)
a. Be eligible for exemption from federal income tax under section __________________________________ b. Must be organized and operate exclusively for one or more special _____________________________ c. No part of net ________________________ can inure (go to) to any private shareholder or individual. d. No substantial part of its activities can involve passing propaganda or otherwise attempting to influence _______________________. |
501 3 c, purposes, earnings, legislation/politics
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Trust and monopolies are concentrations of wealth in the hands of a few. Such conglomeration of economic resources are thought to the injurious to the public and individuals because such trust minimize normal marketplace ____________________.
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Competition
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The Clayton Act prohibits _____________ and __________________ where the effect may be substantially to lessen competition, or to tend to create a monopoly.
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mergers acquistions
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A not for profit organization may have a for profit subsidiary organization that has their net income contributed to the not for profit organizations purpose, excluding operating cost. True or False
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TRUE
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The Federal Health Care Quality Assurance Act of 1986 provides ___________________ from liability for Peer Review Organizations.
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Immunity
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The Nuremberg Code and Declaration of Helsinki provided guideline for the development of federal regulations for medical _____________ and the protection of __________________ subjects in the United States.
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research, subjects
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The Patient Self Determination Act protects the rights of patient to (COMPLETE):
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To make their own decisions regarding whether to accept or refuse medical treatment
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There is mandatory testing of firefighters and policemen to be tested for HIV/AIDs for what reason?
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For public safety
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A person has written out an advance directive to not be kept alive by artificial means who subsequently suffers a massive stroke and is unconscious, and the physician does not connect her to a heart lung machine, which is needed to keep her alive. As a result of withholding treatment the patient will die from which of choices below?
________ a. Active Euthanasia b. Passive Euthanasia c Involuntary Euthanasia d. Voluntary Euthanasia |
b. Passive Euthanasia
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A terminally ill patient living in Oregon, who utilizes the Death With Dignity Act to end his life is participating in which of the following below?________
a. Intended Euthanasia b. Passive Euthanasia c Involuntary Euthanasia d. Voluntary Euthanasia |
d. Voluntary Euthanasia
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If a health care proxy substitutes their judgment for a patient's who is mentally incapacitated and allows life saving treatment to be stopped and the patient dies, the patient's death is a result of which of the following below? ___________________
a. Intended Euthanasia b. Passive Euthanasia c Involuntary Euthanasia d. Voluntary Euthanasia |
c Involuntary Euthanasia
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Dr. Smith has been providing cancer treatments to Ms. Tanner for the last 10 years. However, Ms. Tanner has come to the final stages of her life, and is being kept alive by life sustaining machines (respirator and a heart/lung machine). Ms. Tanner has left a document which indicates that she does not wish to be kept alive solely by life support equipment should she become incapacitated and unable to make medical decisions. Therefore, the life sustaining machines are turned off and she dies ending her suffering. This act is allowed to occur because of which of the following below? Chose one only ____________________
a. Voluntary euthanasia b. Active Euthanasia c Health Care Proxy d. Living Will |
d. Living Will
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According to the U.S. Supreme Court case Roe v. Wade a woman has the U.S. Constitutional right to chose to have an abortion because:
a. The fetus is not a viable life during the third trimester b. The State cannot unduly burden the women's access to an abortion c. The woman has a 14th Amendment right of privacy concerning her body d. As long as she is 18 years of age she can chose to be a mother |
c. The woman has a 14th Amendment right of privacy concerning her body
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According to the U.S. Supreme Court case Planned Parenthood v. Casey, States are allowed to be able to regulate abortions as long as? Chose one only __________________
a. The abortion is performed within the first two trimesters of pregnancy b. The State does not unduly burden the women's access to an abortion c. The State in accordance with the Department of Managed Health Care allows the woman a choice d. The State does not make the patient pay for the procedure |
b. The State does not unduly burden the women's access to an abortion
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Which one of the following is a true statement( only one statement is a true statement): ______________
a. Upon death, an autopsy is performed if death is within 24 hours of admission to a hospital. b. Upon death, the Uniform Anatomical Gift Act allows the deceased to have arranged for the sale of his body or body parts c. Upon death, the National Organ Procurement Act of 1984 allows for the deceased to have arranged for the sale of his body or body parts. d. Upon death, the determination of death can be made by any hospital employee as long as it is determined within 24 hours. |
a. Upon death, an autopsy is performed if death is within 24 hours of admission to a hospital.
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What is the mechanism provided by the Federal Quality Assurance Act- 1986, and used by healthcare organization's to supervise and review treatment provided by the Medical Staff members?
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Peer Review Organizations
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Dr. Smith has been suspended from the L.A. Medical Center's Medical Staff. Dr. Smith is going to sue L.A. Medical Center for breach of contract. However, the medical staff bylaws state that a doctor must utilize all the appeals available within the organization before bringing an outside lawsuit. Dr. Smith has hired you as his attorney and he is asking you which area of law would apply in this situation: _________
a. Torts b. Civil Procedure c. Contracts d. Conservator Law |
c. Contracts
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If an HMO has such influence in the marketplace as they are the only insurance company offering an HMO product, which results in them being able to demand an unreasonable price to join the HMO, the HMO is said to have: __________________
a. Engaged in illegal restraint of trade b. Geographic Market Power c. Engaged in a boycott d. Product Market Power |
d. Product Market Power
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If a company unfairly and unreasonably lowers the price for their products to put the competition out of business they have engaged in _____________________ pricing.
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Predatory
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If UCLA Medical Center sues to prevent USC from opening a 500 bed hospital in Westwood, California, UCLA has potentially engaged in:
a. Self Defense b. Illegal Restraint of Trade c. Breach of Contract d. Defamation |
b. Illegal Restraint of Trade
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Congress passed the Sherman Antitrust Act to:
a. To prevent anti-trust legislation from harming the economy b. To eliminate restraints on competition c. To promote and encourage the establishment of monopolies so consumers can have lower prices for goods. d. To protect Predatory practices |
b. To eliminate restraints on competition
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The 2006 Act that provides for federal funding for HIV/AIDS treatment in the U.S. is called?
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Ryan White HIV/AIDS Emergency Funding Act 2006
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Family and Medical Leave Act
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allows up to 12 weeks of unpaid leave when employee or covered family members has serious health condition
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The Fair Labor Standards Act
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establishes minimum wages and maximum hours of employment
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The Equal Pay Act of 1963
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prohibits sex discrimination in the payment of wages for those performing substantially equal work in the same establishment.
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Age Discrimination in Employment Act of 1967
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prohibits age-based employment discrimination of persons 40 years or older
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Occupational Safety and Health Act of 1970
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each employer must furnish a place of employment that is free from recognized hazards that are causing or likely to cause death or serious physical harm.
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Worker's Compensation Act
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is based on the employer-employee relationship and not on the theory of negligence
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The National Labor Relations Act
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defines certain conduct of employers and employees as unfair labor practices.
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The illegal and unfair business practices whether horizontal or vertical requires that two or more parties be in _______________________________________________to affect competition in the marketplace
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Agreement
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The ability of any woman in the U.S. to obtain a Partial Birth abortion is a Constitutional Right? True/False
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FALSE
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In regards to Human Research, the institutional Review Board is responsible for reviewing, monitoring, and approving ______________ ___________________ for investigation of drugs and medical devices involving human subjects.
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Clinical Protocol
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The ability of any minor woman in the California to obtain an abortion is a Constitutional Right without parental consent? True/False
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FALSE
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The best way for an organization to avoid a lawsuit for Sexual Harassment is to have a current
__________________________ regarding Sexual Harassment Prevention and to have documentation showing employee________________________________? |
Policy and Procedure, Training
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In the event of a homologous artificial insemination procedure if the woman is married the husband's consent is required because of the future __________________ the husband may face.
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Financial Liability
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Each physician’s credentials and departmental evaluation should be reviewed at least every two years. True or False
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TRUE
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The federal law that regulates proposed mergers and acquisitions is:
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Clayton Act/Hart Scott Rubino, Sherman Anti-Trust
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Who is responsible for determining if a patient is physically or mentally incompetent (other that a court of law) in making a decision that the patient is unable to provide informed consent for treatment?
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Physician
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Under which Tort action can a patient sue a doctor/medical center if there is a disclosure of their patient health information/medical records information without their consent?
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Invasion of Privacy
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Suspicious Deaths are reported to whom?
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Medical Examiner
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Under what circumstances does a Psychiatrist have immunity from liability for the release of confidential medical records information?
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When there is threat of serious bodily harm/death to a third person
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