Legal and Ethics Flashcards
7 cards from real Phlebotomy Test practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Legal and Ethics flashcards as text
A physician's order is required before a phlebotomist can collect blood because:
Answer: Lab tests are considered medical procedures requiring a licensed provider's authorization
Blood tests are diagnostic medical procedures that legally require authorization from a licensed provider such as a physician or NP.
What does 'respondeat superior' mean in the context of phlebotomy liability?
Answer: An employer can be held liable for the negligent acts of their employee
Respondeat superior is a legal doctrine holding employers vicariously liable for employee negligence committed within the scope of employment.
A patient with dementia cannot provide informed consent for a non-emergency blood draw. Who is the appropriate person to provide consent?
Answer: The patient's legally designated healthcare proxy or power of attorney
When a patient lacks decision-making capacity, a legally designated surrogate or power of attorney provides consent.
Which of the following best describes 'standard of care' for phlebotomists?
Answer: The level of care a reasonably competent phlebotomist would provide under similar circumstances
Standard of care is the benchmark of competence measured against what a reasonably skilled phlebotomist would do in the same situation.
A patient asks the phlebotomist to explain what the blood tests are for. The phlebotomist should:
Answer: Refer the patient to the ordering provider for clinical explanations while offering general procedural information
Phlebotomists can explain collection procedures but must refer clinical questions to the ordering provider, staying within their scope of practice.
Under HIPAA, a 'minimum necessary' standard means:
Answer: Only the least amount of health information needed for the task should be accessed or shared
The minimum necessary standard requires that access to PHI be limited to what is reasonably needed to accomplish the intended purpose.
A phlebotomist who performs a blood draw on a patient who explicitly refused is guilty of:
Answer: Battery
Battery is defined as intentional harmful or offensive contact without consent; proceeding despite refusal constitutes battery.