CRE Regulatory Compliance & Legal Framework 2

Question 1

Under HIPAA, which action by a respiratory educator would constitute a privacy violation?

Accepted Answer

Discussing a patient's condition with their spouse without written authorization

Answer

HIPAA requires written authorization before disclosing PHI to family members unless the patient is present and consents or the disclosure is in the patient's best interest in an emergency.

Question 2

Which federal agency is primarily responsible for enforcing workplace safety standards that affect respiratory therapy practice?

Accepted Answer

OSHA

Answer

OSHA (Occupational Safety and Health Administration) sets and enforces workplace safety standards, including those related to respiratory hazards and PPE requirements.

Question 3

A CRE discovers that a colleague falsified a patient's medication education record. What is the educator's primary legal and ethical obligation?

Accepted Answer

Report the falsification to the appropriate supervisor or compliance officer

Answer

Healthcare professionals have a mandatory duty to report falsified medical records, as this constitutes fraud and jeopardizes patient safety and institutional integrity.

Question 4

Which element is NOT required for a patient's informed consent to be legally valid?

Accepted Answer

Presence of a witness who is a licensed clinician

Answer

Valid informed consent requires disclosure, comprehension, and voluntariness, but does not legally require a licensed clinician as witness — any competent adult witness is generally acceptable.

Question 5

When a state respiratory care practice act conflicts with a CMS Conditions of Participation, which standard generally prevails?

Accepted Answer

The more stringent standard typically applies

Answer

In healthcare regulation, when federal and state standards conflict, the more stringent (protective) standard generally applies to ensure maximum patient safety.

(CRE) Certified Respiratory Educator Practice Test

(CRE) Certified Respiratory Educator Practice Test

CRE Regulatory Compliance & Legal Framework 2