Texas Jurisprudence Exam 100% VERIFIED ANSWERS 2024/2025 CORRECT STUDY SET, Exams of Law

Download Texas Jurisprudence Exam 100% VERIFIED ANSWERS 2024/2025 CORRECT STUDY SET and more Exams Law in PDF only on Docsity! 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? 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? 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 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 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 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 30 days 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 In what instance can a child give consent? If on active duty, when restrictions of minor removed, for communicable disease, if pregnant for counseling, and addiction treatment Does the Consent to Medical Treatment Act apply to "incapacitated" individuals? Does it apply to psychiatry patients? Yes; yes, but not for patients in FREE-STANDING psychiatric hospitals Who can be a surrogate decision maker? What are the requirements? Spouse, adult child, majority of children, parents, or a person identified by patient before becoming incapacitated Can surrogate decision maker consent to voluntary inpatient psych treatment? ECT treatment? Appoint another surrogate decision maker? Not psych treatment, not ECT, cannot appoint another decision maker What are 3 examples of "advanced directive"? Directive to physician, out-of-hospital DNR, medical power of attorney How many witnesses do you need, and what are the witness requirements for advanced directives? 2 witnesses, one cannot be related, beneficiary, attending physician or hospital employee Can a directive to a physician be oral or must it be in writing? Can be verbal and must be documented in chart with names of witnesses Does an advanced directive have to be notarized? No How many witnesses for an oral directive? 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 Does the donor have rights of a parent in artificial insemination? Does the husband? Donor NO, husband YES What prenatal maternal tests must a physician check? HIV, hepB, syphilis How many times must a physician check prenatal maternal tests? Twice; upon first examination and on admission for delivery Are prenatal maternal tests confidential and anonymous? Confidential; anonymous upon request Does the physician have to tell the mother that he/she will do prenatal maternal tests? What if she wants anonymous testing? Yes, must inform but not specifically consent; if anonymous is wanted must refer patient to anonymous testing center; patient can refuse If prenatal maternal tests are positive, what must the physician do? Refer for treatment, provide counseling, and provide information about diseases How long does a physician have to keep prenatal maternal test results? For 9 months What institutions do not need licensing for birthing centers? Licensed hospitals, nursing homes, and ambulatory surgery centers What does the federal case Roe v. Wade say about abortion? Abortions are legal Under what circumstance can you perform a third trimester abortion in Texas? In emergency to save mother's life or if fetus has severe irreversible abnormality After third-trimester abortion, how many days does the physician have to notify the Department of Health? 30 days What is the cut-off gestational age to do an abortion in the office? 16 weeks What specific health risk must you inform the patient about during consent for abortion (4 categories)? Infection, hemorrhage, infertility, breast cancer What specific economic-related issues must you talk about during consent for abortion? Do you need to document in writing that you talked about these issues? Medical assistance, father's liability for support; yes 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? 1 year In SIDS, is an autopsy required? Yes To whom and how fast must you report SIDS? To a justice of the peace, medical examiner, or other proper official immediately Who pays for autopsy in SIDS? State If at the time of death the physician knows that the patient had a communicable disease, what must be done to the body? Report to TDSHS and tag body to indicate caution required due to communicable disease 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 Will the TDPRS act on anonymous calls regarding child abuse? Does it satisfy a professional duty to report? Yes, they will be acted upon but DO NOT satisfy duty to report How much time do professionals and medical professionals have to report the death of a child secondary to suspected abuse? 48 hours What kind of crime is lying in a report on child abuse? Not submitting a report? State jail felony, misdemeanor class B Who must report nursing home abuse? Any person Is the report of nursing home abuse verbal or written? Immediately verbally, written within 5 days 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 Who must report occupational exposure? Does that include labs? Physicians, labs, health care workers; labs must report abnormal lead levels What occupational exposure must be reported? Asbestosis, silicosis Do you have to report birth defects? Yes Which diseases have to be reported immediately? Diphtheria, measles, anthrax, pertussis, hemophilus, plague, rabies, SARS, smallpox, yellow fever, etc Which diseases must microbiology labs report immediately? Vancomycin-resistant staph, VRE, HIV, neisseria meningitis Can you make somebody have HIV test? What are the 4 exceptions? No, unless during pregnancy, criminal proceedings, accidental exposure, consented What kind of crime is it if you force somebody to take an HIV test? Misdemeanor A Does HIV testing consent have to be written? No Do you have to sign an HIV consent if you have signed a consent for treatment? No Do you need consent for lab testing after accidental exposure? No Does a physician have to contact the partner notification program if a patient is HIV positive and the physician suspects sexual activity? Yes Can a health care worker with exudative lesions or weeping dermatitis participate in direct patient care or handling of medical equipment? No If you are a health care worker that has HIV or hepB or HbeAg, can you perform invasive procedures that are "exposure-prone"? What are the 2 requirements? No, unless patient has been educated and has sought expert panel What if you do invasive procedures that are not exposure-prone, and you are positive for HIV, HepB or HbeAg? Do you need to inform? No need to inform Can you force rapists to undergo HIV and HepC tests? Yes 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 Hospitals participating in Medicare What is considered "campus"? 250 yards from ER What 4 places constitute "coming" to the ER? In hospital-owned ambulance or air transport, or patient is in ER or in hospital requesting ER consultation If an ambulance despite being told that the hospital is on diversion comes to the ER, can you send them away? No, patient HAS TO BE SEEN Is pregnancy a medical emergency? No, except for complications and labor Under EMTALA, what MUST a hospital provide? Medical screening Is it enough to log in or triage the patient? No Can you delay treatment in order to check insurance? Get pre-approval? No Can you provide different levels of care based on insurance? No Can a PA or NP provide the EMTALA required screening? Yes Does admitting the patient for treatment satisfy EMTALA requirements? No If patient refuses treatment, does that satisfy EMTALA? What is the appropriate protocol? Yes; has to be informed of potential dangers If a physician is not available to determine if transfer is necessary, who else can do it? What is required? PA, NP, RN, other qualified person after consultation with MD 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 far can secondary practice sites be located from primary? 60 miles 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. How many days does a physician have to notify the DPS of a third trimester abortion? 30 days. What is the cut-off gestational age for office-based abortions? 16 weeks. How long prior to abortion must you give the woman information on abortion (verbal/written)? 24 hours. How much time prior to abortion must parents of a minor be notified? 48 hours. How many abortions per year make you an abortion facility that must be licensed? 50. How often does licensed abortion facility submit records to TSDHS? Yearly. How many times must you check newborn for genetic disorders? 2. How long can a mother + newborn stay in the hospital paid by insurance after birth with vaginal delivery/cesarean section? 48 hrs/96 hrs 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. How much time do you have to report nursing home abuse verbally? In writing? Immediately; 5 days. If a nursing home resident dies after transfer to a hospital, within what time frame must be reported? 24 hours. How much time does the nursing home have to report elderly death? 10 days after the end of the month of death. What are the age limits to consider abuse a criminal offense? 14 or younger, 65 or older; older than 14 and disabled.