TEXAS JURISPRUDENCE EXAM 100% VERIFIED ANSWERS 2024/2025 CORRECT STUDY SET, Exams of Law

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TEXAS JURISPRUDENCE EXAM

100% VERIFIED ANSWERS

2024/2025 CORRECT STUDY

SET

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 the claimant have part of the proportional responsibility?

Yes If the claimant's proportionate responsibility is more than what %, he/she may not recover damages? If > 50%, no damages awarded How long is the statute of limitations for adults? For minors? 2 years; for minors 2 years after becoming 18 years of age By how much can the statute of limitations be extended and how? File complaint—extra 60-day, notice letter extends statute by 75 days What is the statute of limitations for wrongful death? 2 years What is the discovery rule? Give examples. Statute does not begin until damage is discovered. For example, a retained sponge that is found 3 years post-op Is there immunity from civil action in emergency cases? Yes, except gross negligence Is there immunity from civil action in volunteer care? Yes, except gross negligence When can a physician be charged with "assault and battery"? Un-consented surgery or examination or when exceeding the scope of the consent When can a physician be charged with patient abandonment? Unilateral cessation of treatment when continued treatment is necessary What is "strict liability"?

Liability that does not depend on actual negligence, but that is based on a breach of a duty to make something safe. This often applies to product liability Are hospitals liable for the actions of a physician? No, unless the hospital employs the physician Who determines in a criminal case if the medical records of a patient should be released? Judge by inspection How many days do you have to release medical records to an attorney? 45 days 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 What drugs do you need to keep records on? How are the records kept? How often do you need to do inventory? Do you need to submit the records? How long do you have to keep the last inventory list? If dispensed in office, then all dangerous drugs, schedule drugs and samples; separate records for schedule 1+2; inventory every 2 years; records are not submitted; keep records for 2 years Who can inspect your drugs? TMB, DPS, attorney general for the DEA What is the method of ordering and accounting for drug samples? Written and signed request by physician; must keep inventory and drug logs Can you repackage samples? No Do you need to keep records on samples?

Yes, just like other meds Can a physician buy and rebottle? Any exceptions? No, except for rural areas (less than 5000 population of town or 2500 of municipality, closest pharmacy > 15 miles) To give anesthesia, how often do you have to register with the board? Every 2 years What life support competency do surgeons and anesthesiologists need? ACLS, PALS, or board-approved course How many and what competency levels of healthcare providers do you need in all settings? At least 2 physicians with advanced competency How many days do you have to report office-based anesthesia-related complications? 15 days What is considered an anesthesia-related complication? Admission to hospital within 24 hours or death within 72 hours What is considered intractable pain? Pain where cause of pain cannot be removed and where relief or cure has not been found Can a hospital forbid a physician to give dangerous drugs or controlled substances for treatment of intractable pain? No 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 enforcement, authorized release, participating care providers, HIPAA compliant release) Does a patient have the right to see his/her own record? Can he/she ask for amendments to the records? Yes; yes, they can request amendments

What is the Texas medical record privacy act? Is it like HIPAA? It is the state equivalent of HIPAA Within how many days must a hospital send an itemized bill to patients? Is this mandatory? Or done by request? When must the hospital inform patients of this option? Upon request, within 30 business days; hospital must inform patient of availability of itemized bill Can medical records be obtained with a subpoena? Does this include substance-abuse records? Yes; no Are substance abuse records admissible during criminal proceedings? No, unless the crime is EXTREMELY serious Is HIV information confidential? Yes Can you "break" confidentiality in order to tell a spouse that his/her spouse is HIV positive? Yes Can you break confidentiality to tell a partner about notification program?. Yes Are blood bank records confidential? Yes If a blood bank finds a donor with an infectious disease, can they call other blood banks and tell them the name of donor and the disease?Edition. They can tell name of donor, NOT disease If a blood bank finds that blood outbound to hospitals is HIV positive, can they call the hospitals and give name of donor? Type of disease? They can tell name of disease, NOT donor

For statistical purposes, can a blood bank give out medical records? Names? Yes, but not names or other identifying information Is genetic information confidential? Yes 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 many years of postgraduate training do you need to be eligible for licensure? One Who can get a limited license? Applicant who is recommended by dean, president, or chief administrator from Texas medical school Do you need the jurisprudence exam for a limited license? Yes Who is not eligible for licensure? If applicant is under prosecution, investigation, or has restrictions on license in another state How many days does the program director have to tell the board that somebody with a physician- in-training license did not show up, was suspended, etc.? 30 days What is a temporary postgraduate training permit? License for residents and fellows pending the physician in training permit What is a telemedicine license? Do you have to be board certified to have it? Do you have to pass the jurisprudence exam?

A license to do consulting work through internet, etc., in Texas; cannot physically see or treat patients; board certification is required; JP exam required How often do you register your license? Do you need an updated physician profile? Every 2 years; yes How many days prior to the expiration of your license does the TMB notify you? 30 How many days after a license expires are you considered to be practicing without a license? 30 day grace period. License expired < 90 days—penalty is? $ License expired 91-364 days—penalty is? $ License expired > 364 days—penalty is? Cancellation Do you have to retake JP exam if your license is canceled? Only if the license is canceled for more than 2 years. 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. Are TMB reports confidential? Yes Who can the NPDB give info to? How about to patients? How about statistical data? Hospitals, self-requesting physicians, board, other state or federal agencies, attorneys; for statistical purposes if no identity disclosed

When is it not illegal to perform a third-trimester abortion? To prevent mother's death, if unborn has severe irreversible brain damage When is it not illegal to perform an abortion on a minor? In emergency and with court order Is sexual contact between a physician and patient OK if the patient consents? NO, the disparity of power does not allow consent Why is it unprofessional to initially prescribe drugs over the Internet? Did not verify identity of patient, no physician coverage or follow-up guaranteed How can you terminate care to a patient? 30 day notice, certified letter, available for emergencies during that time, give alternative physicians What prescriptions does a physician need to keep records on? Dangerous drugs? Controlled substances? Samples? Samples and dangerous drugs as part of medical record; for schedule 3-5 records and log; for schedule 2 separate log and records; keep record for 2 years; do inventory on schedule drugs every 2 years Can the board administer monetary penalties? Yes What happens to his/her license if a physician goes to prison? TMB is required to suspend How many malpractice claims within what time period automatically open a board investigation? 3 within 5 years How many people from the TMB are necessary to temporarily suspend a license? President appoints a 3-member panel; can be done by phone

Is self-reporting addiction a disciplinary action? Is a rehabilitation order a disciplinary order? No; no, it is the only nondisciplinary order Is probation a disciplinary order? Who cannot be put on probation? Yes; sex offenders, felons, prisoners, or if the physician is a threat to public 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 What is a standing delegation order? What are the requirements? Physician order for patient or population; signed, dated, in writing Who can a physician delegate to? Any qualified and properly trained person Who can the physician delegate to administer dangerous drugs? Any qualified and trained person Can a physician delegate to a midwife? Yes (e.g., eye prophylaxis) Is a physician liable for the actions of a NP or PA? No, unless vicariously liable due to employment What kind of name identification do PAs need? Name tag identifying themselves as a physician assistant What requirements exist for prescription for PAs and NPs? No schedule 2; maximum 90 days, no refills unless consultation with physician Which drug schedules can PAs and NPs prescribe? How many days? Can they give refills? Can they treat children? What ages?

Schedules 3-5, 90 days, refill after consultation with physician; Yes, but children less than 2 years only after consultation with physician How many PA and NP equivalent FTEs can a physician supervise at maximum? 3 FTEs Can CRNAs give all anesthetic drugs? Are they restricted to a particular MD? Yes; no, any MD What authority do pharmacists have? Can they give immunizations? Where does the supervising physician have to be located geographically? Getting histories, ordering drug therapy-related tests, procedures, modifying drug therapy; yes; physician has to be able to be physically present daily What can optometrists prescribe? Eye ointments Can anybody be a surgical assistant? Do they need a license? Yes; yes, if they identify themselves as licensed, otherwise, no Can a physician delegate the taking of X-rays to noncertified technicians? Yes Can they do bone density? Nuclear tests? CT? Skull X-ray? Bone density, skull, spine, extremities, abdomen, chest; NOT CT, nuclear test, etc