FREE Multistate Pharmacy Jurisprudence Examination (MPJE) Patient Counseling and Confidentiality Questions and Answers

Question 1

A caregiver picks up a new prescription for an elderly patient. The pharmacy technician at the counter completes the sale and asks, "Do you have any questions for the pharmacist today?" The caregiver replies, "No, we're all set," and leaves. Which statement best describes the pharmacy's fulfillment of its patient counseling obligations under the Omnibus Budget Reconciliation Act of 1990 (OBRA '90)?

Accepted Answer

The pharmacy's obligation was met because an offer to counsel was made and subsequently refused by the patient's agent.

Answer

Under OBRA '90, a pharmacist must make an 'offer to counsel' a patient or their agent on new prescriptions. While the counseling itself must be performed by a pharmacist, the offer can often be made by ancillary personnel like a technician. Since the caregiver, acting as the patient's agent, refused the offer, the pharmacy has met its legal obligation. Counseling is not mandatory if a patient or their agent refuses the offer.

Question 2

Under the Health Insurance Portability and Accountability Act (HIPAA), which of the following disclosures of Protected Health Information (PHI) by a pharmacy requires prior written authorization from the patient?

Accepted Answer

Disclosing a patient's name and address to a pharmaceutical company for the purpose of marketing a new medication.

Answer

HIPAA permits the disclosure of PHI without patient authorization for treatment, payment, and healthcare operations (TPO). Disclosing information to a physician for treatment or to an insurer for payment falls under TPO. Disclosures required by law, such as to public health authorities, are also permitted without authorization. However, using PHI for marketing purposes that are not related to the patient's direct care requires explicit written authorization from the patient.

Question 3

A pharmacist is discussing a patient's sensitive diagnosis and complex medication history with a pharmacy technician in the breakroom. The technician was not involved in preparing this specific patient's prescription. Which HIPAA principle is most directly violated in this scenario?

Accepted Answer

The Minimum Necessary Standard.

Answer

The HIPAA Minimum Necessary Standard requires that workforce members only access, use, or disclose the minimum amount of PHI needed to perform their job duties. Since the technician was not involved with the patient's prescription, there was no job-related need for them to know the details of the patient's PHI. Discussing this information, even in a private breakroom, constitutes an unnecessary disclosure and violates this core principle.

Question 4

A 16-year-old patient, who is not emancipated, obtains a prescription for a contraceptive, which is a service minors can consent to under state law. Later that day, the patient's parent calls the pharmacy and requests to know what medication their child received. According to HIPAA and prevailing state law principles, what is the most appropriate action for the pharmacist?

Accepted Answer

Inform the parent that due to state and federal privacy laws, this information cannot be disclosed without the minor's consent.

Answer

HIPAA defers to state laws when a minor is permitted to consent to their own healthcare. In situations involving sensitive services like contraception, where state law allows a minor to consent, the minor generally controls the associated PHI. Therefore, the parent is not considered the minor's 'personal representative' for this specific information, and the pharmacist must protect the minor's confidentiality by not disclosing the information without the minor's permission.

Question 5

According to the Omnibus Budget Reconciliation Act of 1990 (OBRA '90), which of the following is a required component of a pharmacist's prospective drug utilization review (DUR)?

Accepted Answer

Screening for therapeutic duplication.

Answer

OBRA '90 mandates that pharmacists conduct a prospective DUR before dispensing. This review must include screening for several potential therapy problems, including therapeutic duplication, drug-disease contraindications, drug-drug interactions, incorrect dosage or duration, drug-allergy interactions, and clinical abuse/misuse. Verifying co-pays or contact preferences are administrative tasks, not clinical components of the mandated DUR.

MPJE - Multistate Pharmacy Jurisprudence Examination Practice Test

MPJE - Multistate Pharmacy Jurisprudence Examination Practice Test

FREE Multistate Pharmacy Jurisprudence Examination (MPJE) Patient Counseling and Confidentiality Questions and Answers