Final Law & Ethics
Which of the following branches of state government is authorized to enact laws or statutes that prescribe or prohibit activities within the state?
Municipal
Legislative
Judicial
Executive
Which branch of government carries out the enacted laws?
Exceutive
Administrative
Judicial
Legislative
Which branch of government interprets laws?
Judicial
Legislative
Executive
State commissions
Which branches of state government regulated the practice of dental hygiene?
Executive
Legislative
Judicial
None of these
All of these are correct
Which part of government regulations specifically controls the practice of dental hygiene?
The State Dental Practice Act
Legislative branch
Judicial branch
Municipal branch
How often should a dental hygienist should review their State Dental Practice Act?
Annually / On a yearly basis
Only after graduation
Every 7 years
Every 3 years
What is the State Dental Practice Act
Specifies the legal requirements for the practice of dentistry within each state
Law which governs the practice of dentistry in the State of Florida
Protects Dental hygienist
Temporary license
Granted on the basis of licensure in another jurisdiction, permits practice within the scope of the State Dental Practice Act for the purpose of the volunteer (example, public service, etc).
Granted on the basis of licensure in another jurisdiction, permits practice within the scope of the State Dental Practice Act for a limited period of time while the dental hygienist pursues full licensure status.
Granted on the basis of prior licensure in another jurisdiction, permits a faculty member to practice within the scope of his or her educational responsibilities.
Granted on the basis of examination or endorsement of credentials and permits unrestricted practice within the scope of the State Dental Practice Act.
Volunteer License
Granted on the basis of licensure in another jurisdiction, permits practice within the scope of the State Dental Practice Act for the purpose of the volunteer (example, public service, etc).
Granted on the basis of prior licensure in another jurisdiction, permits a faculty member to practice within the scope of his or her educational responsibilities.
Granted on the basis of examination or endorsement of credentials and permits unrestricted practice within the scope of the State Dental Practice Act.
Granted on the basis of licensure in another jurisdiction, permits practice within the scope of the State Dental Practice Act for a limited period of time while the dental hygienist pursues full licensure status.
Faculty License
Granted on the basis of licensure in another jurisdiction, permits practice within the scope of the State Dental Practice Act for the purpose of the volunteer (example, public service, etc).
Granted on the basis of prior licensure in another jurisdiction, permits a faculty member to practice within the scope of his or her educational responsibilities.
Granted on the basis of examination or endorsement of credentials and permits unrestricted practice within the scope of the State Dental Practice Act.
Granted on the basis of licensure in another jurisdiction, permits practice within the scope of the State Dental Practice Act for a limited period of time while the dental hygienist pursues full licensure status.
Full License
Granted on the basis of examination or endorsement of credentials and permits unrestricted practice within the scope of the State Dental Practice Act.
Granted on the basis of prior licensure in another jurisdiction, permits a faculty member to practice within the scope of his or her educational responsibilities.
Granted on the basis of licensure in another jurisdiction, permits practice within the scope of the State Dental Practice Act for the purpose of the volunteer (example, public service, etc).
Granted on the basis of licensure in another jurisdiction, permits practice within the scope of the State Dental Practice Act for a limited period of time while the dental hygienist pursues full licensure status.
Each of the following is an example of an issue that may be regulated by state laws but may not be specifically incorporated into the State Dental Practice Act EXCEPT one. Which one is the EXCEPTION?
Biomedical waste and hazards management
False health care claims
Consent to treatment and informed consent
Mandatory malpractice insurance
Continue education requirements
The practice of dental hygiene is different in each state, because it is not nationally regulated.
Both the statement and reason are correct and related.
Both the statement and reason are correct but NOT related.
The statement is correct, but the reason is NOT.
The statement is NOT correct, but the reason is correct.
NEITHER the statement NOR the reason is correct. A
When is a dental hygienist required to provide documentation or certification of compliance with continuing education requirements?
When making an initial application for a license in a particular state following graduation from an accredited dental hygiene program in any state
When relocating from one state to another while in practice
When renewing a current license to practice as a dental hygienist
Only when renewing a lapsed license to practice as a dental hygienist
How can the American Dental Hygienists’ Association (ADHA) Code of Ethics for Dental Hygienists be amended?
If changes are approved at any meeting of the ADHA House of Delegates by a majority of the group.
The ADHA Code of Ethics for Dental Hygienists cannot be modified. It can only be replaced.
If changes are approved by a majority of state dental hygiene associations.
If changes are approved at any meeting of the ADHA House of Delegates by a two-thirds vote of the group.
The practice of dental hygiene is regulated through all three branches of the government.
True
False
A condition of dental hygiene licensure generally is graduation from a dental hygiene program accredited by which of the following organizations?
The Food and Drug Administration
The Commission on Dental Accreditation (CODA) of the American Dental Association
The Federal Trade Commission
The National Institutes of Health
�Dental hygienists who have graduated from a CODA accredited dental hygiene program, who are licensed in good standing in a state with similar or higher requirements for licensure, and who have practiced dental hygiene for a minimum prescribed period may have examination requirements waived on the basis of their credentials,” according to which of the following principles?
Informed consent
Quid pro quo
Licensure by endorsement or reciprocity
Garnishment
Which of the following types of dental hygiene license may be granted on the basis of examination or endorsement of credentials? Such a license permits unrestricted practice within the scope of the State Dental Practice Act.
Faculty license
Volunteer license
Full license
Temporary license
Dental hygienists who are not actively practicing dental hygiene and do not want to maintain a current license may be able to apply for which of the following types of licenses?
Faculty license
Inactive license
Volunteer license
Temporary license
Full license
A dental hygienist generally is required to display a current copy of which of the following at his or her place of practice?
National license to practice dental hygiene
State license to practice dental hygiene
State license to practice dental hygiene, and background check
What does NIH acronym stand for?
National Institute of Health
National Highway Institute
National Hispanic Institute
The practice of dental hygiene without a valid license is a
Criminal offense that may be categorized as a misdemeanor but not as a felony.
Civil offense that may be categorized as a misdemeanor but not as a felony.
Criminal offense that may be categorized as a felony.
Civil offense that may be categorized as a felony.
When is a dental hygienist required to provide documentation or certification of compliance with continuing education requirements?
When relocating from one state to another while in practice
When making an initial application for a license in a particular state following graduation from an accredited dental hygiene program in any state
Only when renewing a lapsed license to practice as a dental hygienist
When renewing a current license to practice as a dental hygienist
What are the procedures considered to be expanded functions?
N2O (Nitrous)
Local Anesthesia
Restoring simple restorations
All of these are correct
Which of the following is correct name for the party bringing a claim in a civil proceeding and in a criminal proceeding respectively?
Prosecutor; plaintiff
Plaintiff; prosecutor
Complainant; prosecutor
Plaintiff; complainant
Aggressor; defendant
What is the difference between the 'plaintiff' and the 'prosecutor'?
A. In a Civil Proceeding: the party bringing a claim is the Plaintiff.
B. In a Criminal Proceeding: the party bringing a claim is the Prosecutor
Only A
Only B
A and B
Who decides questions of law in a trial?
Juries
Plaintiff
Prosecuting attorney
Defendant
Judges
What is the meaning of 'Beyond a Reasonable Doubt'?
It is the establishment of guilt in a criminal case and requires a high level of certainty.
When a patient agrees to pay in an exchange for delivery of care, which is also regarded as a contract.
Being a fiduciary requires being bound legally and ethically to act in the other's best interests.
None.
Who decides questions of law?
Judges
Juries
Who decides questions of fact?
Judges
Juries
What is 'fiduciary relationship'?
A. Requires being bound legally and ethically to act in the other's best interests.
B. When a patient agrees to pay in an exchange for delivery of care, which is also regarded as a contract.
C. A civil wrong that results from a breach of a legal duty based upon society's expectation of performance.
A and B
A,B, and C
None of these
The establishment of guilt in a criminal case requires a high level of certainty known as
binding arbitration.
Preponderance of evidence.
Beyond a reasonable doubt.
Fiduciary relationship.
What are the two major categories of Civil Law?
Direct supervision, and Indirect supervision
Contract Law and Tort Law
State Dental Practice Act
Title VII of the Civil Rights Act of 1964
Dental hygienists have the obligation to limit their practice to the scope of functions permitted by law in the jurisdiction in which they are practicing. If asked by an employing dentist to perform services that are clearly outside the legal scope of practice, the dental hygienist should defer to his or her supervisor and perform those services.
False, True
True, False
False,False
True, True
Which of the following is a federal law that protects against discrimination on the basis of race, color, religion, sex, or national origin?
Title VII of the Civil Rights Act of 1964
Equal Pay Act of 1963
Uniformed Services Employment and Reemployment Rights Act of 1994
Age Discrimination in Employment Act of 1967
Americans with Disabilities Act of 1990
Quid Pro Quo Relationship
Exchange of something of value between parties engaging in a contract
"something for something."
An explicit or implicit requirement to trade sexual favors for a tangible job benefit.
1,2,3
2,3
1,2
What is tort?
When a patient agrees to pay in an exchange for delivery of care, which is also regarded as a contract.
A civil wrong that results from a breach of a legal duty based upon society's expectation of performance.
It is the establishment of guilt in a criminal case and requires a high level of certainty.
It is a criminal offense that may be categorized as a felony of the 3rd degree which may include a monetary fine and/or imprisonment.
Which of the following is true of tort law?
A tort is a legally binding agreement in writing.
A tort is a legally binding agreement that is not in writing.
A tort is a civil wrong.
A tort is a crime that involves criminal law.
Which of the following is true of an intentional tort to a person?
An injury must be involved for battery to occur.
Physical contact must happen for assault to occur.
More than one of the above.
Physical contact must happen for battery to occur.
Which of the following is true of assault and battery?
Assault is categorized as an intentional tort; however, battery is an unintentional tort.
Both are categorized as intentional torts.
Neither assault nor battery is categorized as an intentional tort.
Battery is categorized as an intentional tort; however, assault is an unintentional tort.
What is an Intentional tort?
A. A deliberate and purposeful act
B. No intent to cause harm, although harm or injury does occur.
C. Relates to persons and to property (stealing and trespassing)
D. Assault and Battery
E. Misrepresentation
F. Restraint without permission, etc
All of the above
What are the hygienist's requirements of giving informed consent to the patient?
A. Inform the patient of the risks, consequences, and anticipated results of the proposed treatment, alternative treatment as well as no treatment.
B. Failure to inform a patient of the severity of his/her periodontal treatment needs is an unintentional tort of negligence.
A only
B only
A, and B
What is the purpose of the Health Insurance Portability and Accountability Act (HIPAA)?
Inform the patient of the risks, consequences, and anticipated results of the proposed treatment, alternative treatment as well as no treatment.
To protect the patient's right to privacy.
A civil wrong that results from a breach of a legal duty based upon society's expectation of performance.
It is the establishment of guilt in a criminal case and requires a high level of certainty.
What are the rights of the patient regarding patient records?
A. The practitioner owns the original records.
B. Patients have a right to their own copy for free or for a nominal fee whether they owe money to the practice or not.
C. The practice may charge a small fee for processing
1,2
Only 1
1,2,3
Patients have the right to obtain their original records. Records must be provided free of charge.
The first statement is false, the second statement is true.
The first statement is true, the second statement is false.
Both false
Both True
Dental hygiene professionals must be familiar with the legal principles of the dental hygienist–patient relationship to guide their actions, decisions, record keeping, and professional interactions.
True
False
Each of the following interview questions is not permitted EXCEPT one. Which one is the EXCEPTION?
How long have you been married?
Have you ever been arrested?
How old are you? (to someone who appears to be in his or her 40s)
Have you ever been convicted of a crime?
Are you Hispanic or from the Middle East?
Which of the following is a question that may legally be asked during the interview process?
How many children do you have and how old are they?
What is your native language?
Do you practice a religion?
What languages can you speak?
Can a potential employer ask you about your original origin, ancestry, or descent?
Yes
No
No relevance
At-will employment means that
Termination of employment can legally occur without notice.
Termination of employment requires 2 weeks’ notice.
The employment has a definite duration.
Termination of employment requires 4 weeks’ notice.
Many federal and state employment laws are designed to protect the interests of
Both employees and employers.
Employees but not employers.
Employers but not employees.
Neither employees nor employers.
Title VII of the Civil Rights Act of 1964 applies to employers with how many employees?
Just 1. Any employer must comply with this Act.
One hundred or more employees.
Five or more employees.
Fifteen or more employees.
Fifty or more employees.
Each of the following should be found in a professional résumé EXCEPT one. Which one is the EXCEPTION?
Employment History
Professional Experiences
Educational Background
Marital Status
Equal Pay Act of 1963
Prohibits employers from discrimination on the basis of sex between employees at the same establishment who perform equal work in equivalent position under similar working conditions
A civil wrong that results from a breach of a legal duty based upon society's expectation of performance.
No intent to cause harm, although harm or injury does occur.
Patients have a right to their own copy for free or for a nominal fee whether they owe money to the practice or not.
Rehabilitation Act of 1973
Is a civil rights law that prohibits agencies that receive federal funding from discriminating against persons with disabilities on the basis of disability.
Prohibits employers from discrimination on the basis of sex between employees at the same establishment who perform equal work in equivalent position under similar working conditions
Patients have a right to their own copy for free or for a nominal fee whether they owe money to the practice or not.
A civil wrong that results from a breach of a legal duty based upon society's expectation of performance.
Disabled individuals can qualify for protection under the Americans with Disabilities Act if they can perform the job with or without reasonable accommodation. Employers are required to provide reasonable accommodation to a qualified disabled employee or job applicant.
False, True
True, False
False,False
True, True
Which of the following is true of the Pregnancy Discrimination Act?
An employer can refuse to hire a qualified applicant on the basis of pregnancy.
An employer can treat the pregnant employee like any other temporarily disabled employee in terms of available options if a temporary inability to work occurs, such as leave or leave without pay.
An employer can limit pregnancy benefits to married employees.
An employer can have a policy that prohibits an employee from returning to work for a predetermined time after childbirth.
An employer can treat pregnancy-related conditions differently by requesting that only pregnant employees undergo medical evaluations regarding the ability to work.
According to the Family Medical Leave Act (FMLA) of 1993, an employer must grant an eligible employee up to how many weeks of unpaid leave during a 12-month period for a qualifying reason?
20 weeks
4 weeks
8weeks
12 weeks
16 weeks
Age Discrimination in Employment Act (ADEA) of 1967
Protects individuals who are 40 years of age or older from employment discrimination based on age
Is a civil rights law that prohibits agencies that receive federal funding from discriminating against persons with disabilities on the basis of disability.
Prohibits employers from discrimination on the basis of sex between employees at the same establishment who perform equal work in equivalent position under similar working conditions
Family and Medical Leave Act (FMLA) of 1994
Allows mother and father to take leave of absence of up to 12 weeks in 12-month period when a baby is born
Protects individuals who are 40 years of age or older from employment discrimination based on age
Is a civil rights law that prohibits agencies that receive federal funding from discriminating against persons with disabilities on the basis of disability.
What is the importance of a CODA accredited dental hygiene school?
It was created at the inception of the ADHA in 1927
It is usually a prerequisite of licensure.
Is a civil rights law that prohibits agencies that receive federal funding from discriminating against persons with disabilities on the basis of disability.
Protects individuals who are 40 years of age or older from employment discrimination based on age
What year was the first Surgeon General's Report on Oral Health published?
1999
2000
2001
2002
During an approved leave , an employer have to maintain the insurance benefits as part of the employment relationship.
True
False
What provision provides relief for employees who are injured while acting in the course of their employment?
The Equal Employment Opportunity Commission (EEOC)
State workers' compensation programs
Title VII of the Civil Rights Act of 1964
How is a hostile work environment determined?
a. Occurs when any type of unwelcome sexual behavior creates an offensive or hostile environment.
B. The harassment does NOT need to result in tangible or economic job consequences to be a hostile environment.
C. An important criterion is that the employer had actual knowledge or constructive knowledge of the hostile environment but took no remedial or prompt action.
A,b,c
Only b
Which federal regulation does sexual harassment fall under?
Title VII of the Civil Rights Act of 1964
The State Harassment Practice Act
What is described as risk identification and a system of injury prevention?
A. Risk management
B. Fiduciary relationship
C. Virtue
D. Deontology
What is a risk management?
A quality improvement program.
Once a risk is identified, it is measured for its outcome and likelihood of occurrence at which point a strategy may be put in place to minimize it or even eliminate it.
Inform the patient of the risks, consequences, and anticipated results of the proposed treatment, alternative treatment as well as no treatment.
The process of risk assessment, control and financing
What type of health care delivery program uses 'structure, process, and outcome'?
A quality improvement program.
The State Harassment Practice Act
Title VII of the Civil Rights Act of 1964
A quality improvement program should include three dimensions of health care delivery, which are
A. background, delivery, and outcome.
B. skills, application, and evaluation.
C. structure, process, and outcome.
D. methodology, process, and recapitulation
E. structure, application, and evaluation
People operate on their experiences to make sense of them. The experiences, as we make sense of them, change the basic conceptual structures by which people construct meanings.
The first statement is true, the second statement is false.
Both statements are true.
Both statements are false.
The first statement is false, the second statement is true.
What does HIPAA protect and assure?
Protects patient confidentiality and to assure that the patient know what is done with their health information.
The employeer
The employee
The Dental office
Which of the following is the proper correction to make if an error is made during an entry in a written chart?
A. Use a whitening product to cover the erroneous entry and write over it.
B. Completely ink over the incorrect entry so it is impossible for another person to read it and the person becomes confused about the entry.
C. Draw a single line through the entry, followed by a note that an error was made.
D. Throw away the page with an erroneous entry and restart with a clean sheet.
Dental office documentation includes which of the following in addition to written entries?
A. Radiographs, models, and photographs.
B. Radiographs and models but not photographs.
C. Radiographs and photographs but not models.
D. Radiographs but neither models nor photographs.
A contractual relationship is a relationship that binds each of the parties to fulfill his or her committed responsibilities. A breach of contract is the failure to meet one’s contractual obligation, and it may be remedied through the judicial system.
Both statements are false.
The first statement is true, the second statement is false.
Both statements are true.
The first statement is false, the second statement is true.
Which of the following is a wrongful act against a person that violates his or her person (body), privacy, or property or contractual rights?
Criminal offense
Deposition
Civil offense
Defamation
Documentation in the dental record as part of the provision of oral health care services is important to protect
A. Both the patient and the oral health care provider.
B. The patient but not the oral health care provider.
C. The oral health care provider but not the patient.
D. Neither the patient nor the oral health care provider.
What is the course of action a patient must take if a dental hygienist is unable to meet the patient's request for treatment?
He patient must understand this limitation and either accept the limitation and alter his/ her expectations or seek care from an alternative provider who is able to meet the expectations.
Patient should be described in objective terms according to the conditions observed.
Compensate the patient with an incentive, such as oral health care products.
Refuse to schedule another appointment
Good risk management practice may call for keeping a dental record beyond the mandated retention date because dental records are the best defense in any legal action
Both the reason and the statement are correct and related.
The reason and the statement are correct, but is NOT related.
The statement is correct, but the reason is NOT.
What is the dental hygienist-patient relationship?
It is a critical factor in the delivery of quality dental hygiene care.
It is a two-party association that can only achieve its fullest potential with the committed participation of each of the parties.
It is viewed as a legal contract.
All of these are correct.
What ethical principle focuses most on respect and the individual rather than on society as a whole?
A. Nonmaleficence
B. Beneficence
C. Autonomy
D. Justice
Laws pertaining to dental hygiene are generally found in the state dental hygiene ________.
Consulting act
Clinical act
Practice act
Administrative act
None of these
Which type of law are dental hygiene practice acts considered to be?
Common
Constitutional
Utilization
Statutory
None of these
Listed under the American Dental Hygiene Association (ADHA) Standards of Professional Responsibility, Community, and Society are several points that include all of the following EXCEPT one. Which one is the EXCEPTION?
Increasing access to care
Promoting public health
Recognizing an obligation to provide pro bono service
Veracity
Which of the following statements about codes of ethics is most accurate?
It is easy to determine the degree to which codes of ethics are effective.
It is reasonable to assume that the professions find codes of ethics to be extremely valuable.
There is no way to judge acceptable parameters of behavior according to a code of ethics.
The professions cannot do anything about it if someone does not behave with integrity.
Ethical decision making is
Learned throughout a lifetime.
Learned in curriculum in professional school.
Acquired through continuing education classes following the period of formal education.
Inherently understood by children.
The ethical awareness of an individual is called moral
Distress.
Uncertainty.
Dilemma.
Sensitivity.
Weakness.
Which of the following is the first step in the ethical decision-making model presented in the text?
Identify the ethical dilemma or problem.
Collect information.
Apply the ethical principles to the options.
State the options.
Which of the following is true concerning the ethical decision-making model presented in the chapter?
It is a four-step approach diagrammed as a square grid.
It is a six-step approach diagrammed as a square grid.
It is a four-step approach diagrammed as a circle.
It is a six-step approach diagrammed as a circle.
The goal of an ethical decision-making model is to
provide a matrix for determining the solution so the provider does not have to think about the situation.
Provide a framework for making the best decision in a particular situation.
Make a decision about right and wrong.
Provide a cookbook process for determining a solution to a problem
Which of the following steps of the ethical decision-making model is characterized by developing a list of pros and cons?
Apply the ethical principles to the options.
Collect information.
Identify the ethical dilemma or problem.
State the options.
Brainstorming to identify as many alternatives or options as possible is part of which of the following steps of the ethical decision-making model?
Apply the ethical principles to the options.
Implement the decision.
State the options.
Collect information.
Which of the following types of ethical theories is thought to be of the most influence in screening applicants for professional schools of health care?
Virtue ethics
Consequentialism
Nonconsequentialism
The first principle function of a code of ethics is to provide an enforceable standard of minimally decent conduct for those who fall below that standard.
True
False
Power and prestige is granted to the professions, because a code of ethics is a promise to society to uphold certain values and standards in the practice of the profession.
Both the statement and reason are correct and related.
The statement is correct, but the reason is NOT.
The statement is NOT correct, but the reason is correct.
Both the statement and reason are correct but NOT related.
NEITHER the statement NOR the reason is correct.
Which of the following forms of supervision require the dentist to be present in the dental office during treatment by the dental hygienist?
Direct supervision, indirect supervision, and general supervision
Indirect supervision and general supervision, but not direct supervision
Direct supervision, but not indirect supervision and general supervision
Direct supervision and indirect supervision, but not general supervision
Direct supervision and general supervision, but not indirect supervision
Which of the following theorists of cognitive moral development created the concept of the ethic of care?
Jean Piaget
Lawrence Kohlberg
Carol Gilligan
Adding fluoride to a community water system is a good example of the application of which of the following types of ethical reasoning?
Deontology or nonconsequentialism
Consequentialism or utilitarian ethics
None of the above
Virtue ethics
Each of the following is one of the main normative principles in health care EXCEPT one. Which one is the EXCEPTION?
Beneficence
Nonmaleficence
Justice
Autonomy
Veracity
An ethical dilemma occurs when one or more ethical principles
Are additive with one another.
Are involved.
Cancel each other out.
Are in conflict.
Nonmaleficence is concerned with doing no harm to a patient. Beneficence requires that existing harm be removed.
Both statements are true.
The first statement is true, the second statement is false.
Both statements are false.
The first statement is false, the second statement is true.
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