Health Law Exam Questions With
Correct Answers
Dr. Wendy Carr is an anesthesiologist who recently opened up a pain
| | | | | | | | | | | |
specialty clinic. One of her patients, Bill Tench, was recently hospitalized
| | | | | | | | | | |
after a suicide attempt due to some antidepressants that Dr. Carr had
| | | | | | | | | | | |
prescribed to him to treat his lower back pain. Dr. Carr received a letter
| | | | | | | | | | | | | |
from the state Board of Medical Examiners notifying her that she was in
| | | | | | | | | | | | |
violation of state law because of her failure to conform to minimal
| | | | | | | | | | | |
standards of medical practice. Dr. Carr is very worried about losing her
| | | | | | | | | | | |
license and her livelihood. If she were to lose her license and attempt to
| | | | | | | | | | | | | |
fight the decision of the Board in court, what would be her best
| | | | | | | | | | | | |
defense?
a) Bill Tench's wife left him for another man 2 days before his attempted
| | | | | | | | | | | | | |
suicide |
b) Dr. Carr prescribed a dosage that was appropriate for Bill Tench's
| | | | | | | | | | | |
weight and size | | |
c) The Board of Medical Examiners did not permit testimony from Dr.
| | | | | | | | | | | |
Carr's proposed expert that antidepressa - CORRECT ANSWER✔✔-c)
| | | | | | | |
The Board of Medical Examiners did not permit testimony from Dr.
| | | | | | | | | | |
Carr's proposed expert that antidepressants can be a medication option
| | | | | | | | | |
for back pain if the pain is neuropathic (shoots down the leg)
| | | | | | | | | | |
,You represent Sansa Stark, a certified nurse midwife who is licensed to
| | | | | | | | | | | |
provide midwifery services in her state. Ms. Stark received a letter from
| | | | | | | | | | | |
the local Board of Nursing (the "Board") notifying Ms. Stark that her
| | | | | | | | | | | |
license was going to be suspended because of Ms. Stark's practice of
| | | | | | | | | | | |
administering homeopathic remedies for the treatment of pre- | | | | | | |
eclampsia. Pre-eclampsia is a pregnancy complication characterized by
| | | | | | | |
high blood pressure and signs of damage to another organ system, often
| | | | | | | | | | |
|the kidneys. Pre-eclampsia, if left un-treated can be fatal for both baby
| | | | | | | | | | | |
and mother. The Board stated that administering any type of
| | | | | | | | | |
homeopathic substance for this condition is against prevailing practice | | | | | | | | |
and thus considered "unprofessional, dishonorable, or unethical
| | | | | | |
conduct" and "ignorance, negligence, or incompetence in the course of
| | | | | | | | | |
nursing practice." Ms. Stark says the treatment is available without a
| | | | | | | | | | |
prescription in most natural food - CORRECT ANSWER✔✔-b) Probably| | | | | | | | |
not. Even if not harmful to patients, the Board of Nursing has authority
| | | | | | | | | | | | |
to determine what constitutes unprofessional or unethical conduct
| | | | | | | |
under the applicable regulations.
| | |
Sally Allgood is a licensed nurse practitioner within her State and
| | | | | | | | | | |
practices at a retail pharmacy clinic. Nurse Allgood provides standard
| | | | | | | | | |
primary care services, including treatment of sinus infections, strep
| | | | | | | | |
throat, UTIs, flu, colds, sports physicals, check-ups, etc. The Board of
| | | | | | | | | | |
Medical Examiners recently sent Nurse Allgood a cease-and-desist letter
| | | | | | | |
alleging that she is providing diagnostic services and ordering
| | | | | | | | | |
prescriptions in a manner beyond her scope of practice constituting the | | | | | | | | | | |
practice of medicine. If you agree to seek a declaratory judgment
| | | | | | | | | | |
against the Board of Medical Examiners on Nurse Allgood's behalf that
| | | | | | | | | | |
, she is practicing within the scope of her practice, what facts, if true,
| | | | | | | | | | | | |
would be her best argument in connection with the case?
| | | | | | | | | |
a) Nurse Allgood is an employee of the retail clinic and is actively
| | | | | | | | | | | | |
supervised by a physician who is also employed by the clinic in
| | | | | | | | | | | |
accordance with state law. | | | |
b) Nurse Allg - CORRECT ANSWER✔✔-a) Nurse Allgood is an employee
| | | | | | | | | | |
of the retail clinic and is actively supervised by a physician who is also
| | | | | | | | | | | | | |
employed by the clinic in accordance with state law.
| | | | | | | |
Your client, a nursing home, was sanctioned for its failure to maintain
| | | | | | | | | | | |
adequate staffing ratios and for its 5% infection rate. A Health and
| | | | | | | | | | | |
Human Services Administrative Law Judge (ALJ) determined that the
| | | | | | | | |
nursing home was not in substantial compliance and ordered the
| | | | | | | | | |
imposition of civil monetary penalties. This decision was affirmed by the
| | | | | | | | | |
|Departmental Appeals Board. You have filed a Petition for Review of | | | | | | | | | | |
Agency Decision in district court on behalf of your client. What
| | | | | | | | | | |
argument below would provide the best proof for prevailing in the
| | | | | | | | | | |
Petition for Review? | | |
a) The ALJ prevented the nursing home from providing any evidence
| | | | | | | | | | |
regarding its staffing plan, its activities calendar, or the condition of the
| | | | | | | | | | | |
residents prior to their admission to the nursing home
| | | | | | | | |
b) The ALJ improperly weighed the testimony of residents over that of
| | | | | | | | | | | |
nursing home administrators | | |
c) The nursing home timely submitted a plan of correction
| | | | | | | | | |
d) The - CORRECT ANSWER✔✔-a) The ALJ prevented the nursing home
| | | | | | | | | | |
from providing any evidence regarding its staffing plan, its activities
| | | | | | | | | |
Correct Answers
Dr. Wendy Carr is an anesthesiologist who recently opened up a pain
| | | | | | | | | | | |
specialty clinic. One of her patients, Bill Tench, was recently hospitalized
| | | | | | | | | | |
after a suicide attempt due to some antidepressants that Dr. Carr had
| | | | | | | | | | | |
prescribed to him to treat his lower back pain. Dr. Carr received a letter
| | | | | | | | | | | | | |
from the state Board of Medical Examiners notifying her that she was in
| | | | | | | | | | | | |
violation of state law because of her failure to conform to minimal
| | | | | | | | | | | |
standards of medical practice. Dr. Carr is very worried about losing her
| | | | | | | | | | | |
license and her livelihood. If she were to lose her license and attempt to
| | | | | | | | | | | | | |
fight the decision of the Board in court, what would be her best
| | | | | | | | | | | | |
defense?
a) Bill Tench's wife left him for another man 2 days before his attempted
| | | | | | | | | | | | | |
suicide |
b) Dr. Carr prescribed a dosage that was appropriate for Bill Tench's
| | | | | | | | | | | |
weight and size | | |
c) The Board of Medical Examiners did not permit testimony from Dr.
| | | | | | | | | | | |
Carr's proposed expert that antidepressa - CORRECT ANSWER✔✔-c)
| | | | | | | |
The Board of Medical Examiners did not permit testimony from Dr.
| | | | | | | | | | |
Carr's proposed expert that antidepressants can be a medication option
| | | | | | | | | |
for back pain if the pain is neuropathic (shoots down the leg)
| | | | | | | | | | |
,You represent Sansa Stark, a certified nurse midwife who is licensed to
| | | | | | | | | | | |
provide midwifery services in her state. Ms. Stark received a letter from
| | | | | | | | | | | |
the local Board of Nursing (the "Board") notifying Ms. Stark that her
| | | | | | | | | | | |
license was going to be suspended because of Ms. Stark's practice of
| | | | | | | | | | | |
administering homeopathic remedies for the treatment of pre- | | | | | | |
eclampsia. Pre-eclampsia is a pregnancy complication characterized by
| | | | | | | |
high blood pressure and signs of damage to another organ system, often
| | | | | | | | | | |
|the kidneys. Pre-eclampsia, if left un-treated can be fatal for both baby
| | | | | | | | | | | |
and mother. The Board stated that administering any type of
| | | | | | | | | |
homeopathic substance for this condition is against prevailing practice | | | | | | | | |
and thus considered "unprofessional, dishonorable, or unethical
| | | | | | |
conduct" and "ignorance, negligence, or incompetence in the course of
| | | | | | | | | |
nursing practice." Ms. Stark says the treatment is available without a
| | | | | | | | | | |
prescription in most natural food - CORRECT ANSWER✔✔-b) Probably| | | | | | | | |
not. Even if not harmful to patients, the Board of Nursing has authority
| | | | | | | | | | | | |
to determine what constitutes unprofessional or unethical conduct
| | | | | | | |
under the applicable regulations.
| | |
Sally Allgood is a licensed nurse practitioner within her State and
| | | | | | | | | | |
practices at a retail pharmacy clinic. Nurse Allgood provides standard
| | | | | | | | | |
primary care services, including treatment of sinus infections, strep
| | | | | | | | |
throat, UTIs, flu, colds, sports physicals, check-ups, etc. The Board of
| | | | | | | | | | |
Medical Examiners recently sent Nurse Allgood a cease-and-desist letter
| | | | | | | |
alleging that she is providing diagnostic services and ordering
| | | | | | | | | |
prescriptions in a manner beyond her scope of practice constituting the | | | | | | | | | | |
practice of medicine. If you agree to seek a declaratory judgment
| | | | | | | | | | |
against the Board of Medical Examiners on Nurse Allgood's behalf that
| | | | | | | | | | |
, she is practicing within the scope of her practice, what facts, if true,
| | | | | | | | | | | | |
would be her best argument in connection with the case?
| | | | | | | | | |
a) Nurse Allgood is an employee of the retail clinic and is actively
| | | | | | | | | | | | |
supervised by a physician who is also employed by the clinic in
| | | | | | | | | | | |
accordance with state law. | | | |
b) Nurse Allg - CORRECT ANSWER✔✔-a) Nurse Allgood is an employee
| | | | | | | | | | |
of the retail clinic and is actively supervised by a physician who is also
| | | | | | | | | | | | | |
employed by the clinic in accordance with state law.
| | | | | | | |
Your client, a nursing home, was sanctioned for its failure to maintain
| | | | | | | | | | | |
adequate staffing ratios and for its 5% infection rate. A Health and
| | | | | | | | | | | |
Human Services Administrative Law Judge (ALJ) determined that the
| | | | | | | | |
nursing home was not in substantial compliance and ordered the
| | | | | | | | | |
imposition of civil monetary penalties. This decision was affirmed by the
| | | | | | | | | |
|Departmental Appeals Board. You have filed a Petition for Review of | | | | | | | | | | |
Agency Decision in district court on behalf of your client. What
| | | | | | | | | | |
argument below would provide the best proof for prevailing in the
| | | | | | | | | | |
Petition for Review? | | |
a) The ALJ prevented the nursing home from providing any evidence
| | | | | | | | | | |
regarding its staffing plan, its activities calendar, or the condition of the
| | | | | | | | | | | |
residents prior to their admission to the nursing home
| | | | | | | | |
b) The ALJ improperly weighed the testimony of residents over that of
| | | | | | | | | | | |
nursing home administrators | | |
c) The nursing home timely submitted a plan of correction
| | | | | | | | | |
d) The - CORRECT ANSWER✔✔-a) The ALJ prevented the nursing home
| | | | | | | | | | |
from providing any evidence regarding its staffing plan, its activities
| | | | | | | | | |
