Phlebotomy Test Legal and Ethics 3 — Questions and Answers
Question 1: A physician's order is required before a phlebotomist can collect blood because:
- It ensures the phlebotomist gets proper credit
- Lab tests are considered medical procedures requiring a licensed provider's authorization (Correct answer)
- Insurance companies require it for scheduling
- State law mandates phlebotomists work only during business hours
Correct 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.
Question 2: What does 'respondeat superior' mean in the context of phlebotomy liability?
- The patient is responsible for outcomes of their own care
- An employer can be held liable for the negligent acts of their employee (Correct answer)
- A phlebotomist is never personally liable for errors
- Superior officers must approve all specimen collections
Correct 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.
Question 3: A patient with dementia cannot provide informed consent for a non-emergency blood draw. Who is the appropriate person to provide consent?
- The phlebotomist may proceed without consent
- The patient's legally designated healthcare proxy or power of attorney (Correct answer)
- Any available family member present in the waiting room
- The laboratory director
Correct 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.
Question 4: Which of the following best describes 'standard of care' for phlebotomists?
- The fastest way to complete a blood draw
- The level of care a reasonably competent phlebotomist would provide under similar circumstances (Correct answer)
- The minimum required by state licensing boards only
- The care outlined exclusively in hospital policy manuals
Correct 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.
Question 5: A patient asks the phlebotomist to explain what the blood tests are for. The phlebotomist should:
- Explain all diagnoses based on the tests ordered
- Refer the patient to the ordering provider for clinical explanations while offering general procedural information (Correct answer)
- Refuse to discuss anything about the labs
- Make up a simple explanation to avoid involving the physician
Correct 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.
Question 6: Under HIPAA, a 'minimum necessary' standard means:
- Only the bare minimum staff should perform blood draws
- Only the least amount of health information needed for the task should be accessed or shared (Correct answer)
- Facilities must employ the fewest number of phlebotomists possible
- Documentation should be kept as brief as possible
Correct 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.
Question 7: A phlebotomist who performs a blood draw on a patient who explicitly refused is guilty of:
- Negligence
- Slander
- Battery (Correct answer)
- Defamation
Correct answer: Battery
Battery is defined as intentional harmful or offensive contact without consent; proceeding despite refusal constitutes battery.
Phlebotomy Test Legal and Ethics 3
A physician's order is required before a phlebotomist can collect blood because: