Phlebotomy Test Legal and Ethics 2 — Questions and Answers
Question 1: A patient verbally agrees to a blood draw but then pulls their arm away mid-procedure. What should the phlebotomist do?
- Quickly finish the draw before the patient moves again
- Stop immediately and document the refusal (Correct answer)
- Ask a colleague to hold the patient's arm
- Proceed since verbal consent was already given
Correct answer: Stop immediately and document the refusal
Withdrawing consent at any point must be respected; the phlebotomist must stop and document the incident.
Question 2: Which federal law primarily governs the privacy of patient health information in the United States?
- OSHA Bloodborne Pathogen Standard
- HIPAA Privacy Rule (Correct answer)
- Clinical Laboratory Improvement Amendments (CLIA)
- Americans with Disabilities Act (ADA)
Correct answer: HIPAA Privacy Rule
HIPAA (Health Insurance Portability and Accountability Act) sets national standards for protecting patient health information.
Question 3: A phlebotomist accidentally mislabels a specimen, leading to an incorrect diagnosis. This is an example of:
- Battery
- Negligence (Correct answer)
- Assault
- Fraud
Correct answer: Negligence
Negligence occurs when a healthcare professional fails to meet the standard of care, causing patient harm.
Question 4: What is the purpose of a chain of custody form in phlebotomy?
- To document the patient's insurance information
- To track specimen handling from collection to analysis for legal integrity (Correct answer)
- To record the phlebotomist's certification number
- To list all tests ordered by the physician
Correct answer: To track specimen handling from collection to analysis for legal integrity
Chain of custody documents every person who handles a specimen, ensuring its integrity for legal proceedings such as drug testing.
Question 5: A minor is brought in for a blood draw for an STI test. In most US states, the phlebotomist should:
- Refuse to draw without parental consent
- Proceed, as minors can typically consent to STI testing themselves (Correct answer)
- Require both parental and minor consent
- Contact child protective services before proceeding
Correct answer: Proceed, as minors can typically consent to STI testing themselves
Most states grant minors the legal right to consent to STI testing and treatment without parental involvement.
Question 6: Which of the following actions would be considered a HIPAA violation by a phlebotomist?
- Discussing a patient's lab results with the ordering physician
- Sharing a patient's diagnosis with their employer without consent (Correct answer)
- Providing patient records to another treating provider
- Giving the patient their own lab results
Correct answer: Sharing a patient's diagnosis with their employer without consent
Disclosing protected health information to an employer without patient authorization is a direct HIPAA violation.
Question 7: If a phlebotomist witnesses a colleague falsifying a patient's specimen collection time, the ethical obligation is to:
- Ignore it as it is not their responsibility
- Confront the colleague publicly in front of patients
- Report the incident through the appropriate institutional channels (Correct answer)
- Alter the record themselves to correct it
Correct answer: Report the incident through the appropriate institutional channels
Ethical and legal obligations require reporting falsification of records through proper channels such as a supervisor or compliance office.
Phlebotomy Test Legal and Ethics 2
A patient verbally agrees to a blood draw but then pulls their arm away mid-procedure.
What should the phlebotomist do?