CCH Legal Issues & Practice Management 3 — Questions and Answers
Question 1: Which federal agency regulates homeopathic remedies in the United States?
- Federal Trade Commission (FTC)
- Drug Enforcement Administration (DEA)
- Food and Drug Administration (FDA) (Correct answer)
- Centers for Medicare and Medicaid Services (CMS)
Correct answer: Food and Drug Administration (FDA)
The FDA regulates homeopathic remedies as drugs under the Federal Food, Drug, and Cosmetic Act, though oversight policies have evolved over time.
Question 2: A CCH practitioner is asked by a client's employer for details about the client's treatment. What should the practitioner do?
- Provide summary information since employers have a legitimate interest
- Refuse to disclose without a valid written release signed by the client (Correct answer)
- Share information only if the employer pays a records fee
- Consult the national homeopathy registry before responding
Correct answer: Refuse to disclose without a valid written release signed by the client
Practitioners must maintain client confidentiality and cannot release information to third parties without the client's explicit written authorization.
Question 3: What is the recommended minimum period for retaining adult client records in most US states?
- 1 year after last contact
- 3 years after last contact
- 7 years after last contact (Correct answer)
- Records need not be retained after services end
Correct answer: 7 years after last contact
Most US states recommend retaining adult health records for at least 7 years after the last date of service to protect against potential legal claims.
Question 4: When advertising homeopathic services, which claim would most likely attract FTC scrutiny?
- 'Classical homeopathy based on the principles of Samuel Hahnemann'
- 'Individualized consultations for overall wellness'
- 'Guaranteed to cure diabetes and heart disease' (Correct answer)
- 'Natural remedies used in consultation with clients'
Correct answer: 'Guaranteed to cure diabetes and heart disease'
The FTC requires that health claims be truthful and substantiated; claims guaranteeing cures for serious diseases are deceptive and unlawful.
Question 5: What is a 'no-show' policy in a homeopathic practice primarily designed to address?
- Insurance billing requirements for missed appointments
- Client rights under the Americans with Disabilities Act
- Financial and scheduling impacts of clients who miss appointments without notice (Correct answer)
- State licensing board requirements for documented client attendance
Correct answer: Financial and scheduling impacts of clients who miss appointments without notice
A no-show policy sets expectations and fees for missed appointments, protecting the practitioner's income and scheduling efficiency.
Question 6: Which of the following best defines 'dual relationship' as an ethical concern in homeopathic practice?
- Treating clients who use both homeopathy and conventional medicine
- A practitioner who holds two professional certifications simultaneously
- When a practitioner has both a professional and personal relationship with a client (Correct answer)
- Billing insurance companies under two different provider codes
Correct answer: When a practitioner has both a professional and personal relationship with a client
A dual relationship occurs when a practitioner has both a professional therapeutic role and a personal relationship with a client, which can compromise objectivity and boundaries.
Question 7: A client requests a copy of their homeopathic case records. What is the practitioner's ethical and legal obligation?
- Deny the request to protect proprietary case notes
- Provide access to records upon client request, charging only reasonable copying fees (Correct answer)
- Release records only if the client is transferring to another homeopath
- Require a court order before releasing any records to clients
Correct answer: Provide access to records upon client request, charging only reasonable copying fees
Clients generally have a right to access their own health records, and practitioners should provide copies upon request with only reasonable administrative fees.
Which federal agency regulates homeopathic remedies in the United States?