RPSGT Industry Regulations & Compliance 4 — Questions and Answers
Question 1: The BRPT Code of Ethics requires RPSGTs to disclose a potential conflict of interest in research because:
- It is required by OSHA regulations for healthcare workers
- Transparency preserves the integrity of scientific findings and public trust (Correct answer)
- State licensing boards mandate such disclosures annually
- HIPAA privacy rules require it during patient consent
Correct answer: Transparency preserves the integrity of scientific findings and public trust
Ethical codes require disclosure of conflicts of interest to ensure that research and clinical recommendations are not unduly influenced by financial or personal interests.
Question 2: A patient under 18 years old arrives for a sleep study. Whose written consent is typically required before beginning the study?
- The patient's, because minors can consent to medical procedures
- A parent or legal guardian, as minors generally cannot provide legal consent (Correct answer)
- The referring physician alone
- No consent is required for diagnostic studies
Correct answer: A parent or legal guardian, as minors generally cannot provide legal consent
Minors typically lack legal capacity to consent to medical procedures, so a parent or legal guardian must provide written consent.
Question 3: Which federal law protects employees who report patient safety violations or regulatory non-compliance from employer retaliation?
- The Fair Labor Standards Act (FLSA)
- The Whistleblower Protection Program under OSHA (Correct answer)
- HIPAA's Enforcement Rule
- The Americans with Disabilities Act
Correct answer: The Whistleblower Protection Program under OSHA
OSHA's Whistleblower Protection Program protects healthcare workers who report violations of workplace safety, patient safety, or regulatory requirements.
Question 4: When a sleep lab sends PSG data to a third-party scoring service, under HIPAA the scoring service is classified as a:
- Covered Entity
- Business Associate (Correct answer)
- Hybrid Entity
- Workforce Member
Correct answer: Business Associate
A third-party vendor that performs services involving PHI on behalf of a covered entity is classified as a Business Associate and must sign a Business Associate Agreement.
Question 5: An RPSGT knowingly signs off on a study scored by an uncredentialed staff member as their own work. This most directly violates:
- OSHA bloodborne pathogen standards
- BRPT Code of Ethics regarding honesty and misrepresentation (Correct answer)
- The AASM technical staff supervision ratio rule only
- CMS billing fraud statutes only
Correct answer: BRPT Code of Ethics regarding honesty and misrepresentation
Signing off on work not performed by the credentialed technologist constitutes misrepresentation, a direct violation of the BRPT Code of Ethics.
Question 6: The AASM requires that a board-certified sleep medicine physician provide what level of oversight for an accredited sleep center?
- Periodic consultation when problems arise
- Medical direction with defined responsibilities for quality assurance and patient care (Correct answer)
- Annual review of equipment calibration records only
- Remote supervision via telemedicine is not permitted
Correct answer: Medical direction with defined responsibilities for quality assurance and patient care
AASM accreditation requires a board-certified sleep medicine physician to serve as medical director with clear responsibilities for clinical oversight and quality assurance.
Question 7: A state law requires that sleep study results be reported to a state driver's licensing agency for patients diagnosed with severe OSA. Under HIPAA, this disclosure is:
- Prohibited because it lacks patient authorization
- Permissible as a required disclosure mandated by law (Correct answer)
- Only allowed with written patient consent
- Prohibited unless the patient is a commercial truck driver
Correct answer: Permissible as a required disclosure mandated by law
HIPAA permits disclosures required by law, including mandatory state reporting requirements, without patient authorization.
RPSGT Industry Regulations & Compliance 4
The BRPT Code of Ethics requires RPSGTs to disclose a potential conflict of interest in research because: