Book Questions (ch. 1-4)

A civil offense a. Is never unethical b. Never involves lawsuits c. May involve a family matter d. Never applies to health care practitioners

c. May involve a family matter

List three areas where healthcare practitioners can gain insight through studying law and ethics.

1. the rights, responsibilities, and concerns of healthcare consumers 2. the legal and ethical issues facing society, patients, and health care practitioners as the world changes 3. the impact of rising costs on the laws and ethics of health care delivery

Written codes of ethics for health care practitioners: a. Evolved primarily to serve as moral guidelines for those who provided care to the sick b. Are legally binding c. Did not exist in ancient times d. None of these

A. Evolved primarily to serve as moral guidelines for those who provided care to the sick

What Greek physician is known as the Father of Medicine? a. Hippocrates b. Percival c. Hammurabi d. Socrates

A. Hippocrates

Name the pledge for physicians that remains influential today. a. Code of Hammurabi b. Babylonian Ethics Code c. Hippocratic oath d. None of these

C. Hippocratic Oath

What involves a mandatory credentialing process established by law, usually at the state level?

Licensure

Decisions made by judges in the various courts and used as a guide for future decisions are called what?

Precedent

What duties might a medical ethicist perform?

Specialists CONSULT with physicians, researchers, and others to help them make difficult decisions, such as whether to resuscitate brain-damaged premature infants or what ethics should govern privacy in genetic testing.

What is the purpose of a professional code of ethics?

To govern behavior of members and to increase the level of competence and standards of care within the group

Which of the following is not true of Jean Piaget's theory of value development? a. Children in the sensorimotor stage of development see things as right or wrong. b. During the sensorimotor stage of development, children explore the world with their five senses. c. Children in the concrete operational stage of development see things as right or wrong. d. Children begin to see different degrees of wrongdoing during the formal operational stage.

a. Children in the sensorimotor stage of development see things as right or wrong.

Substantive law a. Defines the legal relationships between people or between people and the state b. Is never written down c. Is a type of common law d. Is created solely by executive order

a. Defines the legal relationships between people or between people and the state

Licensure to practice medicine is done by a. Each individual state b. The federal government c. Local and state governments together d. The federal government and the local government

a. Each individual state

Under what circumstances may breach of contract be charged? a. If either party fails to fulfill the terms of a valid contract b. If one party becomes angry with the other c. If the contract was invalid from the beginning d. None of these

a. If either party fails to fulfill the terms of a valid contract

How does Lawrence Kohlberg's theory of moral reasoning differ from Piaget's theory? a. Kohlberg theorized that moral development occurs more gradually and takes longer than Piaget proposed. b. Kohlberg studied adults instead of children. c. Kohlberg studied both boys and girls, whereas Piaget did not. d. Kohlberg does not break down moral development into stages, whereas Piaget did.

a. Kohlberg theorized that moral development occurs more gradually and takes longer than Piaget proposed.

A licensed advanced registered nurse practitioner might be accused of scope of practice violations if he a. Prescribes controlled substances without a supervising physician's knowledge or permission b. Fails to renew his license c. Advertises his services d. Commits a felony

a. Prescribes controlled substances without a supervising physician's knowledge or permission

Law is a. The minimum standard necessary to keep society functioning smoothly b. Ignored if transgressions are ethical, rather than legal c. Seldom enforced by controlling authorities d. None of these

a. The minimum standard necessary to keep society functioning smoothly

Which of the following statements concerning healthcare practice management is not true? a. The number of sole proprietorships is increasing. b. Health care practices cannot, by law, operate as corporations. c. Health care practices are businesses requiring a wide range of expertise. d. No one can own a healthcare practice.

a. The number of sole proprietorships is increasing.

Virtue ethics focuses on a. The traits, characteristics, and virtues that a moral person should have b. The method one uses to make a moral decision c. Only the outcome of one's decisions d. The rule one uses in making a moral decision

a. The traits, characteristics, and virtues that a moral person should have

Which of the following best defines a managed care health plan? a. Preferred provider organization b. A corporation that pays for and delivers care to subscribers c. A sole proprietorship d. A group practice

b. A corporation that pays for and delivers care to subscribers

Regulation Z of the Consumer Protection Act of 1968 requires that certain financial arrangements be in writing and include a. Proof of ability to pay a debt b. A finance charge c. A minimum of 10 installment payments d. Proof that the arrangement is for business purposes

b. A finance charge

What is a copayment? a. A percentage of the fee for services provided b. A set amount that each patient pays for each office visit c. The portion of the fee the physician must write off d. The portion of the fee that the insurance company pays

b. A set amount that each patient pays for each office visit

Which of the following is true of Lawrence Kohlberg's theory of the development of moral reasoning? a. During the pre-conventional morality stage, children reject the authority of others. b. A social contract is formed during the post-conventional morality stage. c. Children become rebellious during the conventional morality stage. d. None of these are true statements concerning Lawrence Kohlberg's theory.

b. A social contract is formed during the post-conventional morality stage.

Define tort. a. A tort is a specific type of felony. b. A tort is a civil wrong committed against a person or property. c. Tort is another term for breach of contract. d. A tort is none of the above.

b. A tort is a civil wrong committed against a person or property.

Why did Tom and Bill, in this chapter's opening scenario, come to different decisions? a. Because of their age differences b. Because of differences in their societal, cultural, and family influences c. Because of their different relationships with their supervisor d. None of these

b. Because of differences in their societal, cultural, and family influences

Procedural law a. Is the same as substantive law b. Defines the rules used to enforce substantive law c. Applies only to criminal law d. Does not involve penalties for violations

b. Defines the rules used to enforce substantive law

Critical thinking skills include a. Assessing the ethics of a situation b. First clearly defining a problem c. Determining the legal implications of a situation d. None of these

b. First clearly defining a problem

For what are healthcare practitioners legally liable? a. For all unsatisfactory medical outcomes b. For actions of their employees, performed in the course of employment c. For actions of their employees away from work d. For actions of their coworkers, performed on the job

b. For actions of their employees, performed in the course of employment

Civil law a. Includes felonies and misdemeanors b. Is the area of law most likely to affect health care practitioners c. Does not involve court cases d. Involves crimes against the state

b. Is the area of law most likely to affect health care practitioners

A contract a. Is breached only if all parties agree b. Is valid only if parties on both sides are competent c. Can never be broken d. Is valid if an illegal act is involved

b. Is valid only if parties on both sides are competent

Which of the following best defines utilitarianism? a. It is the same as pre-conventional morality. b. It is a consequence-oriented theory that states that decisions should be made by determining what results will produce the best outcome for the most people. c. It is a duty-oriented theory that says everyone has a duty to behave correctly. d. It is a consequence-oriented theory that states that each individual should make decisions based on which outcome is best for him or her.

b. It is a consequence-oriented theory that states that decisions should be made by determining what results will produce the best outcome for the most people.

The authority that governs the practice of medicine is called a. Medical licensing act b. Medical practice act c. Occupational statute d. Endorsement act

b. Medical practice act

What ethics code superseded earlier codes to become the definitive guide for a physician's professional conduct? a. Code of Hammurabi b. Percival's Medical Ethics c. Hippocratic oath d. Babylonian Ethics Code

b. Percival's Medical Ethics

What is the consideration of a contract? a. The fee, if any, that will be charged b. Something of value bargained for c. The terms of the agreement d. None of these

b. Something of value bargained for

Which of the following statements is not true of accreditation? a. It is a voluntary process. b. State law says it must be renewed every year. c. Specific agencies are responsible for accrediting certain health education programs. d. Accreditation reflects quality and is usually voluntary.

b. State law says it must be renewed every year.

Which of the following is NOT true of Piaget's stages of value development? a. During the sensorimotor stage of development, children use their five senses to explore the world. b. The preoperational stage of development is characterized by abstract reasoning. c. During the concrete operational stage of development, children see certain behaviors as right or wrong. d. All of these are true statements concerning Piaget's stages of value development.

b. The preoperational stage of development is characterized by abstract reasoning.

Which of the following is not true of accrediting agencies? a. They survey and evaluate the program or facility applying for accreditation. b. They never charge a fee. c. They exist for a wide range of health care entities. d. They check for continuing adherence to professional standards.

b. They never charge a fee.

Which of the following is not a purpose of medical practice acts? a. To define what is meant by the practice of medicine in each state b. To be sure physicians are adequately compensated for their services c. To explain requirements and methods for licensure d. To establish grounds for suspension or revocation of license

b. To be sure physicians are adequately compensated for their services

Vlasdair MacIntrye argues that a. All health care practitioners practice duty-oriented ethics reasoning. b. Virtue ethics is the only theory that makes sense. c. Individuals who have certain desirable qualities will make the right decisions. d. None of these are correct.

b. Virtue ethics is the only theory that makes sense.

Which of the following statements is true? a. Insurance companies are forbidden by law to own medical facilities. b. A group of physicians cannot own a surgical center. c. A majority of health care practitioners now work for corporations. d. Hospitals must be owned by physicians.

c. A majority of health care practitioners now work for corporations.

Which of the following indicates a health care facility, education program, or managed care organization is credible and maintains high standards? a. Licensure b. Registration c. Accreditation d. Certification

c. Accreditation

If a physician examines a patient without consent, he or she could be charged with which of the following offenses? a. Breach of contract b. Kidnapping c. Battery d. Defamation of character

c. Battery

Violation of a professional organization's formalized code of ethics a. Always leads to prosecution in a court of law b. Is ignored if one's membership dues in the organization are paid c. Can lead to expulsion from the organization d. None of these

c. Can lead to expulsion from the organization

Intentional torts a. Include negligence b. Always involve jail time when successfully prosecuted c. Include assault, battery, and defamation d. Are always felonies

c. Include assault, battery, and defamation

Criminal law a. Includes financial payment for violations but never jail time b. Never involves health care practitioners c. Involves crimes against the state d. Allows violators to be tried in civil court

c. Involves crimes against the state

The Statute of Frauds a. Is federal legislation governing health practitioners accused of fraud b. Covers both expressed and implied contracts c. Is state legislation governing written contracts d. Must be revised every 10 years

c. Is state legislation governing written contracts

Which of the following best defines duty-oriented moral reasoning? a. Each individual's duty is to himself or herself first. b. Everyone should reject the authority of others and rely solely on self. c. It is a decision-making theory that states that the rightness or wrongness of the act depends on its intrinsic nature and not the outcome of the act. d. It is a form of post-conventional morality.

c. It is a decision-making theory that states that the rightness or wrongness of the act depends on its intrinsic nature and not the outcome of the act.

How is Abraham Maslow's theory of needs-based motivation best defined? a. It is a five-step progression that sees pleasure as the primary motivation for all human behavior. b. It is a progression called beneficence. c. It is a theory that says human behavior is based on specific human needs that must often be met in a specific order. d. It is a system of moral values.

c. It is a theory that says human behavior is based on specific human needs that must often be met in a specific order.

What is a tortfeasor? a. It is the attorney who represents a client in civil court. b. It is a person who commits a felony. c. It is the person who commits a tort. d. It refers to a court's specific jurisdiction.

c. It is the person who commits a tort.

Which of the following is mandatory for certain health professionals to practice in their field? a. Endorsements b. Reciprocity c. Licensure d. Certification

c. Licensure

Each state's medical practice acts also provide for the establishment of a. Health care teams b. Hospital ethics committees c. Medical boards d. HMOs

c. Medical boards

What is another term for your personal concept of right and wrong? a. Utilitarianism b. Beneficence c. Moral values d. Role fidelity

c. Moral values

Third-party payer contracts a. May be implied b. Are legally invalid c. Promise, in writing, that a third party will pay a patient's medical bill d. Are never used in the medical office

c. Promise, in writing, that a third party will pay a patient's medical bill

What is bioethics concerned with? a. Health care law b. Etiquette in medical facilities c. The ethical implications of biological research methods and results d. None of these

c. The ethical implications of biological research methods and results

Unethical behavior is always a. Illegal b. Punishable by legal means c. Unacceptable d. None of these

c. Unacceptable

To obtain, one must complete a course of study, followed by an occupation-specific examination for what?

certification

What involves a voluntary credentialing process, usually national in scope, most often sponsored by a private-sector group.

certification

Define etiquette.

courtesy and manners

Which of the following is an example of an implied limited contract? a. A physician in a medical clinic examines a new patient. b. A physical therapist meets regularly with a patient and administers range of motion exercises. c. A dental hygienist cleans a patient's teeth. d. A physician at the scene provides emergency care to a car accident victim.

d. A physician at the scene provides emergency care to a car accident victim.

In which of the following situations may a physician practice without a license in a specific state? a. When responding to an emergency b. When employed by the United States armed forces c. When engaged solely in research and not treating patients d. All of the above

d. All of the above

Unlawful acts are always a. Unacceptable b. Unethical c. Punishable by legal means d. All of the above

d. All of the above

Which of the following health care practitioners can submit bills for their services on their own? a. Dietitians b. Advanced registered nurse practitioners c. Physicians d. All of the above

d. All of the above

Which of the following is an advantage that might apply to individuals attending an accredited health care education program? a. Transfer of credits more easily accepted if one changes schools b. More likely to obtain a license after graduating c. More likely to be selected for a federal student aid program d. All of the above

d. All of the above

Health care practitioners' actions generally classified as fraud include a. Falsifying medical diplomas and other credentials b. Falsifying medical reports c. Promising a patient "secret cures" or other special ways to cure an ailment d. All of these

d. All of these

Sellers and manufacturers can be held legally responsible for defective medical devices and products through what charges? a. Fraud b. Breach of warranty c. Misrepresentation of the product through untrue statements made by the manufacturer or seller d. All of these

d. All of these

The basis for ethical conduct includes a. One's morals b. One's culture c. One's family d. All of these

d. All of these

Laws vary from state to state, but unprofessional conduct for medical professionals usually includes a. Physical abuse of a patient b. Inadequate record keeping c. Failure to meet continuing education requirements d. All of these are unprofessional conduct

d. All of these are unprofessional conduct

Negligence is a. An intentional tort b. The same as assault c. A criminal matter d. An unintentional tort

d. An unintentional tort

Conviction of a crime a. Cannot result in loss of license unless ethical violations also exist b. Is always punishable by imprisonment c. Always results in expulsion from a professional organization d. Can result in loss of license

d. Can result in loss of license

A contract may be voidable if a. One party leaves town b. One party decides to cancel the contract c. One party is a minor d. One party engages in an illegal act

d. One party engages in an illegal act

Which of the following processes lets a licensed health care practitioner transfer his or her license to a new state after moving without repeating an examination? a. Accreditation b. Registration c. Certification d. Reciprocity

d. Reciprocity

Jurisdiction refers to a. The city in which a felony occurs b. The fines levied for civil offense c. Crimes against people d. The court that has the authority to hear and decide a case

d. The court that has the authority to hear and decide a case

Teleological or consequence-oriented theories judge the rightness of a decision based on a. The feelings of the person making the decision b. The opinions of others who see the results of the decision c. How many people agree that the decision was right d. The outcome or predicted outcome of the decision

d. The outcome or predicted outcome of the decision

Immanuel Kant's categorical imperative states that a. Every rule has exceptions. b. Only the outcome is important in decision making. c. Feelings are not important in decision making. d. The right action is one based on a determined principle, regardless of outcome.

d. The right action is one based on a determined principle, regardless of outcome.

Define law.

defined as a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority

Define bioethics.

discipline relating to ethics concerning biological research, especially as applied to medicine.

Define ethics.

ethics are concerned with standards of behavior and the concept of right and wrong, over and above that which is legal in a given situation.

What is required of all physicians, dentists, and nurses in every state.

licensure

What consists simply of an entry in an official record.

registration

What involves simply paying a fee.

registration

How is unethical behavior punished?

suspension or eviction from medical society membership, as decided by peers

Define summary judgment

the legal term for a decision made by a court in a response to a motion that pleads there is no basis for a trial because there is no genuine issues of material fact. In other words, a motion for summary judgment states that one party is entitled to win as a matter of law. These are only available in a civil action.