2023-2024 Texas Jurisprudence Exam questions and answers A+, Exams of Nursing

Download 2023-2024 Texas Jurisprudence Exam questions and answers A+ and more Exams Nursing in PDF only on Docsity! 2023-2024 Texas Jurisprudence Exam questions and answers A+ discrepancy - 1. CME - Zerris - 6 CMEs from volunteering, 12 CME 1 category, 24 total - Galveston - 50% from volunteering - 50% of category 2 credit is the correct answer 2. NP/PA supervision - Zerris - 3 PAs - Internet and TJP update - 7 PAs - 7 is the updated answer 3. Secondary practice sites - Zerris - 60 miles - Galveston - 75 miles - 75 is the updated answer 4. How many days can NPs and PA prescribe - Zerris - 90 days / 30 days - Galveston - 30 days - TJP update - 90 days - 90 is the updated answer 5. How many abortions per year for facility to be licensed - Zerris - 50/year - Galveston - 100/year (p. 346) -- Time: Immediate -Verbal report abuse (professionals/nonprofessionals; professionals have 48 hours for written report) -Report to State Dept re: anthrax, botulism, cholera, smallpox, diphtheria, rabies, polio, plague, typhus, yellow fever - "outbreak" diagnoses (1 day for tb/pertussis) -Gunshot and overdose reports -Notify DFPS about abandoned infant 1 hour -Time to evaluate restrained patient as to need for restraints 4 hours SDN - I skimmed through the times and crimes listed in the first post in this thread the morning of the test. It's a good review, but it is way more detailed than what you need to know for the test. 1. The Texas Medical Jurisprudence Exam: A Concise Review by Ben White- read it 1 time thoroughly and slowly to try to understand it, and then skimmed through it 2x after that 2. TX Medical Jurisprudence Exam practice question app, 234 questions- did it the first time slowly and read all explanations, cleared all answers and retried all questio Can a patient successfully sue a doctor if there is no physician-patient relationship? - No If there is no prior physician-patient relationship, are you legally obliged to respond to a call from a patient for treatment? - No Does being on call give rise to a physician-patient relationship? - No How can one terminate a physician-patient relationship, without abandonment if there is ongoing treatment? - 30 days written notice; must provide for emergency Does a physician's duty extend to the unborn child or potential victims of an ill patient? - Yes What is "proximate cause"? - Prove that negligence caused harm and that the cause was not too remote; what is required to hold a defendant liable in a civil lawsuit What are the two components of proximate cause? - Cause-in-fact (but-for test) and foreseeability Does an expert witness have to be actively practicing medicine? - Yes Does an expert witness have to know standards of care? - Yes Does an expert witness have to have enough training to express an opinion on whether standard of care was provided? - Yes Does an expert witness have to be board certified? - No, board certified or eqivalent In a medical malpractice case, are expert witnesses required? - Yes, with two exceptions In a medical malpractice setting, what 2 instances do not need expert testimony? - Res ipsa loquitur (e.g., amputation of wrong leg) and negligence per se (a law was broken) What are "exemplary damages"? - Damages above compensatory designed to punish the defendant and deter the behavior Is there a cap to noneconomic damages? How much? - $250,000 for physicians, $500,000 for hospitals Does the cap on noneconomic damage depend on the number of defendants or claimants? - No What is "proportional responsibility"? - Percentage of liability apportioned according to percentage of fault Can medical records be admitted as evidence in court? What are the requirements? - Yes, but only with affidavit What are schedule 1, 2, 3, 4, 5 drugs? - Schedule 1—no known use (e.g., heroin); schedule 2—very addictive (morphine, cocaine); schedule 3-5—less addictive What are dangerous drugs? - Prescription drugs other than schedule 1-5 How many DEA registrations do you need if you prescribe drugs? dispense drugs? - One to prescribe; a separate registration for each location where you dispense How often do you renew your DEA license? - Every 3 years Can you move your office location and then change your DEA? - No, need to change BEFORE move Is a DEA registration sufficient to prescribe drugs in Texas? - No, also need Department of Public Safety Bureau of Narcotics and Dangerous Drug registration How often do you renew a DPS license? - Yearly Do you have to display the DEA and DPS licenses? - Not required by any statute. How many days do you have to notify the DPS of any change in your information (name, address, tel., etc.)? - 7 days Can you have your DPS suspended and keep your DEA or vice versa? - No, they are interconnected For schedules 2-5 drugs, can you just put the number of pills on prescription? - No, number and number spelled out Do you have to put intended use on prescription? - Yes With how many days of a schedule 2-5 drug can a patient be discharged from the hospital? - 7 days; only if the drug was already rx in the hospital What kind of prescription pad do you need for schedule 2 drugs? Can you use stickers? - Official DPS form; no stickers Can a physician prescribe schedule 2 over the phone? - Yes, for emergencies, and only for the duration of emergency How many days does the physician have to mail the schedule's emergency prescription to the pharmacy? - 7 days How many days does the patient have to fill schedule 2 prescriptions? - 7 days Can you refill a schedule 2 prescription? How about schedule 3-5? - No for schedule 2. Max 5 refills for schedules 3-5. Who can call in prescription from a physician's office? - Any qualified DESIGNATED person Can they call in schedule 2? - Only physician in emergencies Can a physician prohibit substitutions for generics? - Yes From whom and how do you order schedule 2? Schedules 3-5? - Schedule 2 on triplicate order form from distributor; schedules 3-5 regular form from wholesaler Can the board take disciplinary action against a physician for giving dangerous or controlled substances to a patient with intractable pain? - No What must the physician document prior to treatment of intractable pain? - Understanding between physician and patient about treatment; dose, type, frequency of medication; consultation with psychologist, psychiatrist, addictions expert Can you guarantee that a drug will work? - No Who can be part of a confidential communication? - Persons involved, furthering interest of the patient, and those participating in diagnosis or treatment, e.g., patients, doctors, translators, nurses, etc Is the billing record confidential? - No, billing record is NOT part of medical record In a criminal proceeding, is the physician-patient privilege communication confidential? - NO (except for mental health records); judicial ruling should be obtained In a criminal proceeding, are records of alcohol and drug abuse confidential? - Yes Does the physician confidentiality apply to court or administrative proceedings brought by the patient against a physician? - No Can the physician violate confidentiality if he/she thinks he or someone else is in danger? - Yes, must report that to law enforcement agency (NOT for mental health) What information must a release of medical records include? - Type of records, reason, and person to whom to release How many days (hospital) or business days (physician) does a hospital/physician have to provide medical records when they are requested? - Physician has 15 business days, hospital has 15 days What is "therapeutic privilege," when can it be used, who has access to the information, and what is the protocol the physician must follow? - If physician thinks that information would be harmful to the patient, it can be withheld; in writing, copy in the chart; films or tests must be released to patient representative Can the physician charge for medical records and films? For an affidavit? Does he have to give the information if the patient does not pay? What does he do if the patient does not pay? - Yes, can charge $25 for first 20 pages, then 15¢ per page plus postage; notarization $15, films $8; patient MUST pay to get records, 10-day notice Can you charge a patient requesting records in order to apply for disability or public aid? How many copies are patients entitled to? Can you charge if federal agency is requesting records? - No; one copy; no How many years does a physician MD have to keep records for adults? for minors? How many years do hospitals have to keep records for adults? For minors? - 7 years for adults, 7 years or until age 21; hospital 10 years Can a physician or hospital get rid of records after the required years if these records might be part of a litigation? - No Can you relate information without patient consent for treatment? Billing? To report abuse? To law enforcement? For funeral directions? For worker's comp? - Yes, all of the above What is the "minimum necessary standard" for a medical release? - It protects health care information unless it is required to be released (investigation, law Can patients have access to the results of their genetic testing? - Yes What kind of crime is the unauthorized release of records? - Misdemeanor Can the Texas Medical Board (TMB) show preference to a specific school of medicine such as medicine v. osteopathy? - No What does the Medical Practice Act (MPA) regulate? - The practice of medicine Who does the MPA apply to? - Physicians (MD, DO), PAs, and acupuncturists Does the MPA apply to the armed forces and federal public health? Can they moonlight? - It does NOT apply to a federal job, they can NOT moonlight outside the federal setting Does the MPA apply to emergency assistance if there is NO charge of money? If there is money charged or billed? - NO if no charge; YES if money is charged Are medical students in "board-approved schools" subject to the MPA? - No Does the MPA prohibit self-care? - No Does the MPA apply to physicians in contiguous states? - NO (physicians from nearby states can only order care for patients in hospice or nursing homes) How many people are on the TMB? Who appoints them? Who must confirm them? - 19 members, appointed by the governor, confirmed by the senate Can the board subpoena people and records? Who can serve a subpoena? - YES, subpoenas can be served by board investigator or sent by certified mail How often does the Department of Public Safety (DPS; state police) check on physicians and report to the board? - Quarterly What are acceptable methods to tell the public on how to register a complaint to the TMB? In what languages? Where can a physician include this info? - By phone (direct number and 1-800 number) or by mail; posted sign, on registration forms or bill; in English and Spanish How often must the TMB disseminate updated information? What info is included? - 2 times per year; info includes disciplinary action, board activities and functions, changes to the MPA and attorney general opinions Are disciplinary orders private or public? - Public Are the following included in the physician profile? 1. ethnic origin 2. CME 3. years in practice 4. Medicaid participation 5. misdemeanors 6. felonies 7. malpractice claims 8. tax ID or social security numbers - Everything except for tax ID/soc. security Which malpractice claims should be included? - Any jury awards, liabilities—NOT settlements What happens if you don't give this info? - License is not renewed How can you get another license if it is lost/destroyed? - Get affidavit of lost or destroyed document and pay fee to board How many category 1 CMEs yearly? - 12 How many CMEs per year? - 24 How many category 1 CMEs yearly must be in ethics? - 1 How many category 2 CMEs can be from volunteer work? - 6 How many CMEs can a license carry forward? And for how many registration periods? - 48; only once How many CMEs can be applied retroactively? - 24; only once How many CMEs do you need if you become "board certified" within 36 months? - 24 If you practice pain management, how many CMEs in pain management are required? - None, but they are recommended Who can initiate a complaint to the board? - Anyone What is the "health professions council"? - Council of various professionals that establishes a central telephone complaint system (800-number) Does the TMB have to notify a physician when a complaint is filed? Are there exceptions? How often do the parties get updated on proceedings? - Yes, within 30 days, except if it would interfere with the investigation; updates are quarterly When does the TMB release complaint information to the hospital? - Upon written request Who investigates issues of "medical competency"? - An expert physician panel appointed by the board consisting of physicians ONLY What do medical malpractice carriers have to report to the TMB regarding malpractice? Within what time limit? Who punishes them if they do not report? What does a physician without insurance have to report and when? Is there a difference for NPDB/HCQIA? - Within 30 days from a complaint being filed in a lawsuit, settlement; noninsured MDs have to self-report within 30 days; any payment must be reported to NPDB by HCQIA requirements Restrictive action by the TMB: Within what time limit must the board tell the hospital? Tell Medicare? Tell the secretary of health & professional societies & complainant? - Next working day for hospitals; in writing for all within 30 days. Restrictive action by the TMB: How often must the board make public notices about disciplinary orders? - 2 times per year. Restrictive action by the TMB: Must the board report crimes found during investigations? - Yes, to the law enforcement. Restrictive action by the TMB: Within how many days must the board report to the NPDB? - 30 days. Restrictive action by the TMB: Within how many days must a court report to the board about convictions, felonies, and misdemeanors and addiction issues be filed? - 30 days. Can the TMB make a physician give a refund? What is the maximum amount of refund? - Yes; cannot be more than the amount paid What is monitoring? - Continued oversight of the board for subjects on disciplinary orders Who is part of an informal hearing and what is it? - Members of the board, at least one of whom is a public member, physician, his/her attorney; a means to settle a case without an administrative hearing When do you go to formal hearings? What is the SOAH? Is it part of the TMB? Who holds the hearings? Who is participating? Must the TMB follow the ruling of the administrative law judge? - If no settlement reached after informal hearing; state office of administrative hearing; no; board members, physician, attorneys, and administrative law judge; NO, they do not have to follow the judge's ruling Where can a physician file an appeal? Within what time period? Can he practice in the interim? - Circuit court Travis county, within 30 days after final board decision; physician cannot practice in interim Can the TMB panel serve a subpoena to a physician? - Yes Can the physician get his file? - Yes, with written request, within 30 days Can you voluntarily surrender your license? - Yes, but board does not have to accept it If you surrender your license to avoid disciplinary action, can you reapply for it? - Yes, if there is no prohibitive circumstance If you surrender your license voluntarily, whose burden is it to show competence if you want it back? - The physician who surrendered the license How often and how soon can you reapply to have your license reinstated if it has been canceled/suspended, etc.? - Once a year What is the maximum administrative penalty? How long do you have to pay it? - $5000 per violation; 30 days What is the maximum penalty for an action for civil penalty by the attorney general? How long do you have to pay it? - $1000 per penalty, 30 days What kind of offense is a violation of the MPA? What kind offense is it to practice medicine in violation of the MPA? To practice medicine with financial harm? - Misdemeanor class A; felony; jail felony May you perform emergent surgery while drunk? - No; emergency MIGHT be an exception If you have a contract with an impaired physician, can you avoid reporting him/her? - No Can the board regulate advertising? - No, except to prohibit false, misleading, or deceptive practice Are "testimonials" allowable advertising? - No Is it permitted to advertise board certification? Board eligibility? - Certification, yes; not eligibility What is a standing medical order? - Physician order to institution, e.g., nursing home Can they do bone density? Nuclear tests? CT? Skull X-ray? - Bone density, skull, spine, extremities, abdomen, chest; NOT CT, nuclear test, etc Do they need to be licensed or registered by the boards? - Yes, they need registration What is the difference between a partnership and a limited liability partnership? - The limited liability partnership can limit individual liability white partner A is liable for the acts of partner B Who can incorporate in Texas? Can physicians practice through corporations? - Dentists, PT but NOT MD; MD cannot practice through corporation Are there any corporations that can employ physicians? - Yes, Certified Nonprofit Healthcare Corporation Who can grant a title of Certified Nonprofit Healthcare Corporation? - TMB What are 5 important characteristics of Certified Nonprofit Healthcare Corporations? - Must conduct scientific research, support education, improve capabilities to study and teach, deliver health care to the public, instruct public in medical science, public health Can hospitals provide "physician guarantees"? How do the finances work? - Physicians can contract with hospitals but are not employees; guarantees paid for availability, billing, etc Are there federal anti-kickback laws? - Yes What does the health care insurance portability and accountability act do to federal anti-kickback provisions? - Applies to all federal health care insurances = all insurances Do the anti-kickback laws apply only to Medicare and Medicaid? - No Does federal anti-kickback law apply only to patient referrals? - No Does this law apply only to giving money as a kickback? Who is punished, giver or taker? - No, any money or monetary value; both are punished What kind of crime is a violation of anti-kickback law, and what is the penalty for physicians and hospitals? - Felony; up to $250,000 for individuals and $500,000 for institutions What are safe harbors in anti-kickback law? Give examples. - Acts NOT in violation of anti-kickback regulation; e.g., space and equipment rental, sale of practice, discounts, etc Are STARK laws federal? - Yes What is a STARK law? Can you refer to family? - Anti-self-referral law; no What is the difference between STARK 1 and STARK 2? - Stark 1 applies to laboratories, Stark 2 to PT, OT services, etc What is the CIVIL FALSE CLAIMS act? Is it state or federal? How long has it been around? What does it prohibit? - Submitting false claims to government for payment; federal law since War Between the States Does Texas prohibit remuneration in exchange for referral volume? - Yes, prohibition on the solicitation of patients Do hospitals have to accept NPs and PAs? - No If accepting NPs and PAs, what are the hospital's responsibilities? - Due process, fairness, appeal Is the peer review file confidential? - Yes, EXCEPT for possible civil rights violation and possible anti-trust violation When must a hospital's medical peer review report actions taken against physicians to the TMB? to the HCQIA? to the NPDB? - If action affects privileges for longer than 30 days or if physician surrenders privileges or if it affects membership; never, the TMB reports to NPDB How much time does the committee have to report to the TMB? - 15 days Is it good enough to get the signature for informed consent? - No, actual informed consent must be achieved Which procedures need "full disclosure" of LIST A and LIST B? - Only List A Which procedures need additional "statutory consent"? - Hysterectomy, radiation therapy, ECT Is it the duty of the hospital or the physician to get consent? - Physician Which particular aspects of an informed consent if neglected can be grounds for a suit? Do you need to suffer damages to sue? - Nondisclosure of risks, benefits, alternatives; yes Is express consent required in an emergency? - No, consent is implied If arrested and suspected to be drunk, do the police need consent to check blood? - No, consent is deemed to have been made, but consent can be expressly denied If anyone died in an accident, is consent needed to check blood? - No Who is a minor in Texas? - Anybody less than 18 years of age who has not been emancipated When can a minor petition the court NOT to be a minor? - Age 16 when living independently and supporting self, age 17 when supporting self, managing conservator or guardian, Texas resident Can an uncle consent for a minor? - Yes Can an educational institution consent for a minor? - Yes (boarding school for example) Vaccinations: Is physician liable for damages by a required vaccination? Is physician liable for damages done by a disease that the parents denied vaccination for? - No; no Who is responsible to review a child's immunization record? - Any physician; failure to do so has no consequence What happens if a physician does not review a child's immunization record? - Nothing Do you need to consent to inform the authorities if you suspect child abuse or neglect? - No What happens if a physician disagrees with the directive given to him? - Does not have to follow; can request ethics or medical committee with 48-hour notification for all parties What is the transfer registry? - Directory of physicians or hospitals willing to accept patients in transfer who have advanced directives Is "mercy killing" allowed in Texas? - No Who must sign an "out-of-hospital DNR"? Can it be verbal? Are witnesses needed? - Attending physician, patient, and two witnesses; yes/no; yes/no What is the effect of an "out-of-hospital DNR"? - Legally binding; patient's wishes written as a physician order If a patient's family disagrees with a patient's decision, what can they do? - Must apply for temporary guardianship under Texas probate code If you see a DNR device on a patient but have not seen the form, is that enough not to give treatment? - Yes, DNR device is enough Can an incompetent patient revoke their DNR? - Yes Should this form accompany patients on transfers? - Yes What kind of treatment can the power of attorney NOT consent to? - Admission to mental health institution, ECT, psychosurgery, abortion, neglect of minimal treatment (nutrition, hydration, comfort measures) Does the power of attorney have an expiration date? - No, unless specified What happens if on the expiration date the patient is incompetent? - It is continued until patient becomes competent again, then expires Who cannot be the power of attorney? - Principal health care provider or residential care provider or employee of those Does the power of attorney have access to the patient's medical records? - Yes When can you withhold treatment to an infant? - If chronically and irreversibly comatose or terminally ill and further treatment would be futile Can you withhold nutrition/hydration from a terminally ill infant? - No Is the mental health directive an advanced directive act? - Yes, but with differences What are the requirements for mental health directive? What are requirements for witnesses? - Age 18 or not a legal minor, not incapacitated; 2 witnesses both of who cannot be related, beneficiaries, attending physician, or employees of hospital Does a mental health directive have an expiration date? - Yes, 3 years or until revoked What happens if on the expiration date of a mental health directive, the patient is incapacitated? - It continues until competent When can you use restraints? When can you use behavioral measures? - If there is danger of harm to self or others and other measures have failed; never How long before the abortion must you tell patients about risks and economic issues? - 24 hours When can you perform an abortion on a minor? Can you do it without calling the parents? - To save mother's life, court order, consent of parents; yes, only court ordered How much time prior to an abortion on a minor must you give notification to parents? If they agree, can you do it earlier? - 48 hours; yes What happens if you cannot find a parent to notify of abortion? - Mail certified letter 48 hours prior Is there any way for a minor to have abortion without notifying the parents? - Yes, can petition court if minor is mature, informed and notification may be harmful (abuse) To perform emergency abortion on a minor, what must you do? What kind of form to fill out? - Assure that it is necessary; notify TDDHS on prepared form What facility must be licensed to do abortions in Texas? - If they do > 50/year How often do abortion facilities have to report to the DPH? - Yearly Do abortion facilities' reports include the physician and patient names? - No, neither Can you force a physician to perform an abortion? - No With what and for what do you have to treat all newborns? - Ophthalmia neonatorum, tetracycline, erythromycin, or silver nitrate ophthalmic solution What genetic test must you do on all newborns? How many times? Who can do them? Can the parents object? - PKU, galactose-1-phosphate uridyltransferase deficiency, sickling hemoglobinopathies, congenital adrenal hyperplasia, hypothyroidism; twice (at birth, 2 weeks later); physician or person attending birth; parents can object on religious grounds Do hospitals have to give hearing test to all newborns? - Yes Within what time period does insurance have to pay for newborn hearing screen? When do they have to pay for follow-up care with regard to hearing? - From birth until 30 days; up to 2 years of age For what time period must an insurance cover a mother + newborn? - 48 hours normal delivery, 96 hours C-section; longer for complicated delivery Who must review immunization history? - Every physician Until when must insurance pay for immunizations? - Up to age 6 Who must submit the birth certificate? - Physician, midwife, or person attending birth How many days do you have to submit the birth certificate? - 5 days What kind of crime is it if you don't submit a birth certificate? - Misdemeanor What kind of crime is it if you submit false data on a birth certificate? - Felony 3rd degree The death of a child under years must be reported. - 6 years Whom do you report it to? - Medical examiner or justice of the peace What must the medical examiner do for the death of a child under 6 years? - Hold inquest How many days must have passed since the person was last seen in order to issue a "certificate of death by catastrophe"? - 10 days Can you issue a certificate of death by catastrophe for a minor? - Yes, with affidavit What is the difference between an inquest and an autopsy? - Inquest is investigation only into causes of death, autopsy is postmortem body examination Who does the inquest after the death of a child under 6 years old? - Medical examiner or justice of the peace Who has rights to consent to autopsy? In what order? - Spouse, child, court or guardian, parent, next of kin, any person assuming custody If a person higher in hierarchy is not available, can the next person down consent to autopsy? - No If a member of a class (1 out of 4 children) consents to autopsy but the other 3 do not agree, can they still do the autopsy? - Yes, only one needs to consent What kind of crime is it if you assist in suicide and patient does not die? What if patient dies? - Class C misdemeanor, if patient dies felony How many witnesses do you need to donate an organ if there is no will? - 2 witnesses, signed Who has the power to donate the organ of a dead person? - Spouse, child, parent, siblings, guardian, any authorized person How can you revoke an organ gift? Do you have to tell the donee? - Yes; no Can you pronounce the death and transplant an organ in the same patient? - Physician who determines death CANNOT participate in transplantation At what age and how can a mentally retarded person donate a kidney? - Age 12, by petitioning the district court Can a blood bank pay for blood? How? After how many days? - Yes, by mailed check, 15 days after donation What is the duty of a medical professional when treating an adult with family violence? What languages to use? - Duty to treat and provide information (and document that information was provided) in English and Spanish; no need to report Does the physician have to call the police in cases of adult family violence? - No, just inform victim of options What is the difference between a professional and a medical professional? - Medical professional = MD; professional = anybody else, e.g., teacher Reporting of child abuse? By whom? How fast? Can it be delayed? To whom (3 entities)? - Report immediately but MUST be within 48 hours, cannot be delegated; to Texas Department of Protective and Regulatory Services, any law enforcement, Texas Youth Commission Give definitions for 4 types of sexual contact - Touching, deviate acts, intercourse, request for or suggestion of What is sexual exploitation? - Pattern for purposes of sexual gratification What is therapeutic deception? - Making patient believe it is part of treatment What of the above questions is cause for action? - All-contact, exploitation, deception Is an employer liable for the sexual misconduct of a current or previous worker with a current or discharged or ex-patient? - Yes, if employer has knowledge of past sexual exploitation or fails to inquire over the last five years of employment What is considered "emotional dependence"? - Lack of emotional dependence of the patient on the therapist is a defense that can be raised in an action brought by a former patient Is it a defense that the sexual misconduct was consented? Off the premises? Outside treatment sessions? - No, no, no Who are the 2 agencies that should receive a report in cases of sexual misconduct? - State licensing board and prosecuting attorney of the county where the alleged offense occurred When to report sexual misconduct? What offense is failure to report? - Within 30 days; misdemeanor If you are examining a patient with a communicable disease, what is your duty? - Duty to instruct on prevention of reinfection, spread, and necessity to treat Who has to report communicable diseases? - Physician, dentist, veterinarian, chiropractor What sort of situations must be reported? - Documented or suspected infection, exotic diseases, outbreaks Can an employee in the office do the reporting? - Yes, if designated by physician If a physician reports a communicable disease, does the hospital also have to report it? - Yes, both If you treat a patient with a communicable disease that dies, what are your 2 responsibilities and within what time frame? - Report death immediately and put toe tag on What kind of crime is nonreporting communicable disease? - Class B misdemeanor If you are a police officer, firefighter, etc., can you make somebody have an HIV test if you think you might have been exposed? Who do you call? - Yes, request TDH Is the police officer, etc., required to be tested himself/herself? - No If an employee is exposed, can the hospital check if the person is harboring an infective agent? - Yes, to HepB, C, HIV What diseases must they test for? - Hep B, C, HIV Do they need the patient's consent? - No Which neoplasm must be reported to the cancer registry? - All Which traumatic injuries must be reported? To whom? Who is responsible to report? - Spinal cord, traumatic brain, anoxia including near-drowning; to TDH; physician Do you have to report overdosing and gunshot wounds? How fast? Who are the 2 people who can report that? - Yes; immediately; by physician or hospital administrator or official What kind of offense is nonreporting of traumatic injuries, overdoses or gunshot wounds? - Misdemeanor What is a "commitment order"? - Court order for involuntary mental health admission Who is considered an "adult" in order to proceed with voluntary psych admission? - 16 and over OR anybody who has ever been legally married What are the 3 types of involuntary psych admissions? Who can order them? - Emergency or temporary detention, protective custody; they are court ordered Does being on ETOH, senile, mental retardation, epilepsy constitute grounds to deny voluntary psych admission? - No When you are admitted involuntarily, when can a patient be forced to take psychoactive mediations (3 cases)? - (1) a medication-related emergency, (2) under a court order, (3) patient is a ward and guardian consents Do you need a separate court order to give psychoactive medications in addition to the court order for involuntary admission? - Yes, you need 2 separate court orders Do you need a physician order to put patient in restraints? - Yes When should you consider prescribing psychoactive medications? - Medication emergency—threat to self or others ECT may not be used in people less than years of age. Any exceptions? - 16, no Can anyone, including courts, force somebody to have ECT without their written consent? - No, ECT cannot be court ordered How often do you need consent for ECT? - Before each treatment How about people > 65 years of age, who must sign for ECT? - Patient and 2 physicians Can psychiatry hospitals employees' pay be based on # of admissions, length of stay, calls to referring sources? - No Can psychiatry hospitals "guarantee" a cure on advertising? - No Can psychiatry hospitals solicit information about patients' confidential records to solicit them for services? - No Can a physician send a patient directly to psychiatry hospital? Do they have to first get insurance approval? - Yes; no How long is a mental health directive valid for? - 3 years or earlier if revoked Do you have to send medical records when transferring from an ER? - Yes Can you transfer because on-call physician did not show up? What must you do? - Yes; record name and address of physician who did not show up Can a specialized hospital (e.g., burn unit) refuse a transfer because "they are full"? - No, if they have EVER accepted patients before and made room for them How many years must you keep records of patient transfers? - 5 years Do hospitals need to keep on-call lists? - Yes Can you do elective surgery when you are on call? - Yes Can on-call physician refuse to show up? - No, only in circumstances beyond his control What are the 3 penalties for hospitals and physicians for violation of EMTALA? What is the maximum damage? - Civil money penalties, termination of provider agreement, civil action. Up to $50,000 per violation ($25,000 for < 100 beds) Can a patient initiate his/her own transfer? - Yes How many people on the Texas Medical board? - 19 How many MDs on the TMB? - 12 How many layperson on the TMB? - 7 How often does the police run a check on physicians? - Monthly How often does the TMB put out reports on physicians? - Every 6 months How many years of postgraduate training to apply for full license? - 1 If a resident does not show up to begin his training, how many days does the program director have to report that to the board? - 30 Institutional permit: how many months for initial license? How many renewals? How many months for each renewal? - 14 months; 7; 12 months Physician-in-training permit: how many months for initial license? How many renewals? How many months for each renewal? - 18 months; 6; 18 months How often do you register your license with the TMB? - Every 2 years How many days prior to expiration of your license does the board notify you? - 30 How many days after expiration are you considered practicing without a license? - 30 How many days after expiration is license canceled? - 365 How many category 1 CMEs per year? - 12 How many ethics CME credits? - 1 yearly How many days does board have to give information to requesting hospitals? - 15 days How many days do you have to correct changes in your TMB profile? - 30 days How many days do you get to review your data the FIRST time the board releases it? - 15 business days. How often does a physician have to resubmit his core data if there were no changes? - Once a year. How many days before hospital hearing must a physician be notified? - 30 days. A suspension in the hospital must be reported if it lasts for how long? Within what time must it be reported? - More than 30 days; 15 days. Until what age is one considered a minor? - 18 years How many witnesses do you need for advanced directive? For verbal directive to physician? For out-of-hospital DNR? - 2; 2; 2 How many witnesses for a mental health directive? - 2 How long until mental health directive expires? How long until medical directives expire? - 3 years; no limit. How many days does a physician have to give records to patient? Hospital? Attorney? - 15 business days; 15 business days; 45 days. How many days does patient have to pay fees for requested records? - 10 days. What are the fees for copied records? Postage or not? - $25 for first 20 pages, then 15¢ per page plus postage. How many years must a physician keep records for adults? For minors? From what age? - 7 years; 7 years or age 21. How many years must hospitals keep records for adults? For minors? From what age? - 10 years; 10 years or 20th birthday. How many days does a hospital have to send itemized bill if requested? - 30 business days. What is the economic cap on noneconomic damages in Texas per defendant/claimant? - $250,000 How long is the statute of limitations for adults? Minors? - 2 years; 2 years from age 18. When must a claimant send a letter, and by how long can he/she extend the statute of limitations? - Within 60 days; extends by 75 days. How many yards from ER is considered campus? - 250 yards. How many years must you keep records of transferred patients? - 5 years. What is the maximum monetary penalty for a hospital violating EMTALA? - $50,000, $25,000 if < 100 beds. How long do physicians have to keep screening test records from the first visit of a pregnant woman? - 9 months. Death of a child of what age or younger must be reported to the medical examiner? Within what time frame? - 6 years; immediately How many days after catastrophe to get "certificate of death by catastrophe"? Xlibris. Kindle Edition. - 10 days. If a patient dies within how many hours of admission must an inquest be ordered? - 24 hours. A mentally retarded person of what age can donate a kidney if the guardian petitions the court? - 12 years. After how many days can a blood bank pay for blood donation? - 15 days. A person older than what age can voluntarily commit self to psychiatry? - 16 years How often do private psychiatry hospitals file reports? - Yearly. What age do you have to be to get ECT? - 16 How often do you renew DEA license? DPS license? - Every 3 years; yearly. How many days to you have to inform the DPS of change in information? - 7. How many days of pills can a patient get of schedule 2-5 when discharged from the hospital? - 7. How many days to send written prescription to pharmacy of schedule 2 drug? - 7. How long is a schedule 2 script valid? How many refills? Schedule 3-5 valid? Refills? Dangerous drugs valid? Refills? - 7 days; no refills; 6 months; 5 refills; unlimited; unlimited. How often do you need to do inventory on your drugs? - Every 2 years. How often do you have to register with the board and pay a fee to administer anesthesia? - Every 2 years. How many days do you have to report an office-based anesthesia complication? - 15 days. How much time do you have to report a death from communicable disease? - Immediately. How much time to report a gunshot wound? - Immediately. What is the monetary penalty for violation of anti-kickback laws for physicians? Hospitals? - $25,000-$250,000 / $50,000-$500,000. How much time does a physician have to report child abuse? - Immediately; 48 hours in writing. How much time does a professional (not medical professional) have to report child abuse? - 48 hours. How much time do professionals/physicians have to report death of a child secondary to abuse? - 48 hours.