Texas Jurisprudence Exam: 550 Questions with Verified Answers, Exams of Nursing

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Texas Jurisprudence Exam:550 Questions

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1. Can a patient successfully sue a doctor if there is no physician-patient relationship? - Correct answer No
2. If there is no prior physician-patient relationship, are you legally obliged to respond to a call from a patient for treatment? - Correct answer No
3. Does being on call give rise to a physician-patient relationship? - Correct answer No
4. How can one terminate a physician-patient relationship, without abandonment if there is ongoing treatment? - Correct answer 30 days written notice; must provide for emergency
5. Does a physician's duty extend to the unborn child or potential victims of an ill patient? - Correct answer Yes
6. What is "proximate cause"? - Correct answer 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
7. What are the two components of proximate cause? - Correct answer Cause-in-fact (but- for test) and foreseeability
8. Does an expert witness have to be actively practicing medicine? - Correct answer Yes
9. Does an expert witness have to know standards of care? - Correct answer Yes
10. Does an expert witness have to have enough training to express an opinion on whether standard of care was provided? - Correct answer Yes

11. Does an expert witness have to be board certified? - Correct answer No, board certified or eqivalent
12. In a medical malpractice case, are expert witnesses required? - Correct answer Yes, with two exceptions
13. In a medical malpractice setting, what 2 instances do not need expert testimony? - Correct answer Res ipsa loquitur (e.g., amputation of wrong leg) and negligence per se (a law was broken)
14. What are "exemplary damages"? - Correct answer Damages above compensatory designed to punish the defendant and deter the behavior
15. Is there a cap to noneconomic damages? How much? - Correct answer $250,000 for physicians, $500,000 for hospitals
16. Does the cap on noneconomic damage depend on the number of defendants or claimants? - Correct answer No
17. What is "proportional responsibility"? - Correct answer Percentage of liability apportioned according to percentage of fault
18. Can the claimant have part of the proportional responsibility? - Correct answer Yes
19. If the claimant's proportionate responsibility is more than what %, he/she may not recover damages? - Correct answer If > 50%, no damages awarded
20. How long is the statute of limitations for adults? For minors? - Correct answer 2 years; for minors 2 years after becoming 18 years of age
21. By how much can the statute of limitations be extended and how? - Correct answer File complaint—extra 60-day, notice letter extends statute by 75 days

22. What is the statute of limitations for wrongful death? - Correct answer 2 years
23. What is the discovery rule? Give examples. - Correct answer Statute does not begin until damage is discovered. For example, a retained sponge that is found 3 years post- op
24. Is there immunity from civil action in emergency cases? - Correct answer Yes, except gross negligence
25. Is there immunity from civil action in volunteer care? - Correct answer Yes, except gross negligence
26. When can a physician be charged with "assault and battery"? - Correct answer Un- consented surgery or examination or when exceeding the scope of the consent
27. When can a physician be charged with patient abandonment? - Correct answer Unilateral cessation of treatment when continued treatment is necessary
28. What is "strict liability"? - Correct answer 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
29. Are hospitals liable for the actions of a physician? - Correct answer No, unless the hospital employs the physician
30. Who determines in a criminal case if the medical records of a patient should be released? - Correct answer Judge by inspection
31. How many days do you have to release medical records to an attorney? - Correct answer 45 days
32. Can medical records be admitted as evidence in court? What are the requirements? - Correct answer Yes, but only with affidavit

33. What are schedule 1, 2, 3, 4, 5 drugs? - Correct answer Schedule 1—no known use (e.g., heroin); schedule 2—very addictive (morphine, cocaine); schedule 3-5—less addictive
34. What are dangerous drugs? - Correct answer Prescription drugs other than schedule 1- 5
35. How many DEA registrations do you need if you prescribe drugs? dispense drugs? - Correct answer One to prescribe; a separate registration for each location where you dispense
36. How often do you renew your DEA license? - Correct answer Every 3 years
37. Can you move your office location and then change your DEA? - Correct answer No, need to change BEFORE move
38. Is a DEA registration sufficient to prescribe drugs in Texas? - Correct answer No, also need Department of Public Safety Bureau of Narcotics and Dangerous Drug registration
39. How often do you renew a DPS license? - Correct answer Yearly
40. Do you have to display the DEA and DPS licenses? - Correct answer Not required by any statute.
41. How many days do you have to notify the DPS of any change in your information (name, address, tel., etc.)? - Correct answer 7 days
42. Can you have your DPS suspended and keep your DEA or vice versa? - Correct answer No, they are interconnected
43. For schedules 2-5 drugs, can you just put the number of pills on prescription? - Correct answer No, number and number spelled out
44. Do you have to put intended use on prescription? - Correct answer Yes

45. With how many days of a schedule 2-5 drug can a patient be discharged from the hospital? - Correct answer 7 days; only if the drug was already rx in the hospital
46. What kind of prescription pad do you need for schedule 2 drugs? Can you use stickers?

• Correct answer Official DPS form; no stickers

47. Can a physician prescribe schedule 2 over the phone? - Correct answer Yes, for emergencies, and only for the duration of emergency
48. How many days does the physician have to mail the schedule's emergency prescription to the pharmacy? - Correct answer 7 days
49. How many days does the patient have to fill schedule 2 prescriptions? - Correct answer 7 days
50. Can you refill a schedule 2 prescription? How about schedule 3-5? - Correct answer No for schedule 2. Max 5 refills for schedules 3-5.
51. Who can call in prescription from a physician's office? - Correct answer Any qualified DESIGNATED person
52. Can they call in schedule 2? - Correct answer Only physician in emergencies
53. Can a physician prohibit substitutions for generics? - Correct answer Yes
54. From whom and how do you order schedule 2? Schedules 3-5? - Correct answer Schedule 2 on triplicate order form from distributor; schedules 3-5 regular form from wholesaler
55. 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? - Correct answer 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

56. Who can inspect your drugs? - Correct answer TMB, DPS, attorney general for the DEA
57. What is the method of ordering and accounting for drug samples? - Correct answer Written and signed request by physician; must keep inventory and drug logs
58. Can you repackage samples? - Correct answer No
59. Do you need to keep records on samples? - Correct answer Yes, just like other meds
60. Can a physician buy and rebottle? Any exceptions? - Correct answer No, except for rural areas (less than 5000 population of town or 2500 of municipality, closest pharmacy

15 miles)

61. To give anesthesia, how often do you have to register with the board? - Correct answer Every 2 years
62. What life support competency do surgeons and anesthesiologists need? - Correct answer ACLS, PALS, or board-approved course
63. How many and what competency levels of healthcare providers do you need in all settings? - Correct answer At least 2 physicians with advanced competency
64. How many days do you have to report office-based anesthesia-related complications? - Correct answer 15 days
65. What is considered an anesthesia-related complication? - Correct answer Admission to hospital within 24 hours or death within 72 hours
66. What is considered intractable pain? - Correct answer Pain where cause of pain cannot be removed and where relief or cure has not been found

67. Can a hospital forbid a physician to give dangerous drugs or controlled substances for treatment of intractable pain? - Correct answer No
68. Can the board take disciplinary action against a physician for giving dangerous or controlled substances to a patient with intractable pain? - Correct answer No
69. What must the physician document prior to treatment of intractable pain? - Correct answer Understanding between physician and patient about treatment; dose, type, frequency of medication; consultation with psychologist, psychiatrist, addictions expert
70. Can you guarantee that a drug will work? - Correct answer No
71. Who can be part of a confidential communication? - Correct answer Persons involved, furthering interest of the patient, and those participating in diagnosis or treatment, e.g., patients, doctors, translators, nurses, etc
72. Is the billing record confidential? - Correct answer No, billing record is NOT part of medical record
73. In a criminal proceeding, is the physician-patient privilege communication confidential? - Correct answer NO (except for mental health records); judicial ruling should be obtained
74. In a criminal proceeding, are records of alcohol and drug abuse confidential? - Correct answer Yes
75. Does the physician confidentiality apply to court or administrative proceedings brought by the patient against a physician? - Correct answer No
76. Can the physician violate confidentiality if he/she thinks he or someone else is in danger? - Correct answer Yes, must report that to law enforcement agency (NOT for mental health)
77. What information must a release of medical records include? - Correct answer Type of records, reason, and person to whom to release

78. How many days (hospital) or business days (physician) does a hospital/physician have to provide medical records when they are requested? - Correct answer Physician has 15 business days, hospital has 15 days
79. What is "therapeutic privilege," when can it be used, who has access to the information, and what is the protocol the physician must follow? - Correct answer 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
80. 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? - Correct answer 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
81. 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? - Correct answer No; one copy; no
82. 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? - Correct answer 7 years for adults, 7 years or until age 21; hospital 10 years
83. Can a physician or hospital get rid of records after the required years if these records might be part of a litigation? - Correct answer No
84. Can you relate information without patient consent for treatment? Billing? To report abuse? To law enforcement? For funeral directions? For worker's comp? - Correct answer Yes, all of the above
85. What is the "minimum necessary standard" for a medical release? - Correct answer It protects health care information unless it is required to be released (investigation, law enforcement, authorized release, participating care providers, HIPAA compliant release)

86. Does a patient have the right to see his/her own record? Can he/she ask for amendments to the records? - Correct answer Yes; yes, they can request amendments
87. What is the Texas medical record privacy act? Is it like HIPAA? - Correct answer It is the state equivalent of HIPAA
88. 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?

• Correct answer Upon request, within 30 business days; hospital must inform patient of availability of itemized bill

89. Can medical records be obtained with a subpoena? Does this include substance-abuse records? - Correct answer Yes; no
90. Are substance abuse records admissible during criminal proceedings? - Correct answer No, unless the crime is EXTREMELY serious
91. Is HIV information confidential? - Correct answer Yes
92. Can you "break" confidentiality in order to tell a spouse that his/her spouse is HIV positive? - Correct answer Yes
93. Can you break confidentiality to tell a partner about notification program?. - Correct answer Yes
94. Are blood bank records confidential? - Correct answer Yes
95. 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. - Correct answer They can tell name of donor, NOT disease
96. 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? - Correct answer They can tell name of disease, NOT donor

97. For statistical purposes, can a blood bank give out medical records? Names? - Correct answer Yes, but not names or other identifying information
98. Is genetic information confidential? - Correct answer Yes
99. Can patients have access to the results of their genetic testing? - Correct answer Yes
100. What kind of crime is the unauthorized release of records? - Correct answer Misdemeanor
101. Can the Texas Medical Board (TMB) show preference to a specific school of medicine such as medicine v. osteopathy? - Correct answer No
102. What does the Medical Practice Act (MPA) regulate? - Correct answer The practice of medicine
103. Who does the MPA apply to? - Correct answer Physicians (MD, DO), PAs, and acupuncturists
104. Does the MPA apply to the armed forces and federal public health? Can they moonlight? - Correct answer It does NOT apply to a federal job, they can NOT moonlight outside the federal setting
105. Does the MPA apply to emergency assistance if there is NO charge of money? If there is money charged or billed? - Correct answer NO if no charge; YES if money is charged
106. Are medical students in "board-approved schools" subject to the MPA? - Correct answer No
107. Does the MPA prohibit self-care? - Correct answer No

108. Does the MPA apply to physicians in contiguous states? - Correct answer NO (physicians from nearby states can only order care for patients in hospice or nursing homes)
109. How many people are on the TMB? Who appoints them? Who must confirm them? - Correct answer 19 members, appointed by the governor, confirmed by the senate
110. Can the board subpoena people and records? Who can serve a subpoena? - Correct answer YES, subpoenas can be served by board investigator or sent by certified mail
111. How often does the Department of Public Safety (DPS; state police) check on physicians and report to the board? - Correct answer Quarterly
112. 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? - Correct answer By phone (direct number and 1-800 number) or by mail; posted sign, on registration forms or bill; in English and Spanish
113. How often must the TMB disseminate updated information? What info is included? - Correct answer 2 times per year; info includes disciplinary action, board activities and functions, changes to the MPA and attorney general opinions
114. Are disciplinary orders private or public? - Correct answer Public
115. 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 - Correct answer Everything except for tax ID/soc. security

116. Which malpractice claims should be included? - Correct answer Any jury awards, liabilities—NOT settlements
117. What happens if you don't give this info? - Correct answer License is not renewed
118. How many years of postgraduate training do you need to be eligible for licensure? - Correct answer One
119. Who can get a limited license? - Correct answer Applicant who is recommended by dean, president, or chief administrator from Texas medical school
120. Do you need the jurisprudence exam for a limited license? - Correct answer Yes
121. Who is not eligible for licensure? - Correct answer If applicant is under prosecution, investigation, or has restrictions on license in another state
122. 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.? - Correct answer 30 days
123. What is a temporary postgraduate training permit? - Correct answer License for residents and fellows pending the physician in training permit
124. What is a telemedicine license? Do you have to be board certified to have it? Do you have to pass the jurisprudence exam? - Correct answer A license to do consulting work through internet, etc., in Texas; cannot physically see or treat patients; board certification is required; JP exam required
125. How often do you register your license? Do you need an updated physician profile? - Correct answer Every 2 years; yes

126. How many days prior to the expiration of your license does the TMB notify you? - Correct answer 30
127. How many days after a license expires are you considered to be practicing without a license? - Correct answer 30 day grace period.
128. License expired < 90 days—penalty is? - Correct answer $
129. License expired 91-364 days—penalty is? - Correct answer $
130. License expired > 364 days—penalty is? - Correct answer Cancellation
131. Do you have to retake JP exam if your license is canceled? - Correct answer Only if the license is canceled for more than 2 years.
132. How can you get another license if it is lost/destroyed? - Correct answer Get affidavit of lost or destroyed document and pay fee to board
133. How many category 1 CMEs yearly? - Correct answer 12
134. How many CMEs per year? - Correct answer 24
135. How many category 1 CMEs yearly must be in ethics? - Correct answer 1
136. How many category 2 CMEs can be from volunteer work? - Correct answer 6
137. How many CMEs can a license carry forward? And for how many registration periods? - Correct answer 48; only once
138. How many CMEs can be applied retroactively? - Correct answer 24; only once
139. How many CMEs do you need if you become "board certified" within 36 months?

• Correct answer 24

140. If you practice pain management, how many CMEs in pain management are required? - Correct answer None, but they are recommended
141. Who can initiate a complaint to the board? - Correct answer Anyone
142. What is the "health professions council"? - Correct answer Council of various professionals that establishes a central telephone complaint system (800-number)
143. 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? - Correct answer Yes, within 30 days, except if it would interfere with the investigation; updates are quarterly
144. When does the TMB release complaint information to the hospital? - Correct answer Upon written request
145. Who investigates issues of "medical competency"? - Correct answer An expert physician panel appointed by the board consisting of physicians ONLY
146. 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? - Correct answer 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
147. 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? - Correct answer Next working day for hospitals; in writing for all within 30 days.
148. Restrictive action by the TMB: How often must the board make public notices about disciplinary orders? - Correct answer 2 times per year.

149. Restrictive action by the TMB: Must the board report crimes found during investigations? - Correct answer Yes, to the law enforcement.
150. Restrictive action by the TMB: Within how many days must the board report to the NPDB? - Correct answer 30 days.
151. 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? - Correct answer 30 days.
152. Are TMB reports confidential? - Correct answer Yes
153. Who can the NPDB give info to? How about to patients? How about statistical data? - Correct answer Hospitals, self-requesting physicians, board, other state or federal agencies, attorneys; for statistical purposes if no identity disclosed
154. When is it not illegal to perform a third-trimester abortion? - Correct answer To prevent mother's death, if unborn has severe irreversible brain damage
155. When is it not illegal to perform an abortion on a minor? - Correct answer In emergency and with court order
156. Is sexual contact between a physician and patient OK if the patient consents? - Correct answer NO, the disparity of power does not allow consent
157. Why is it unprofessional to initially prescribe drugs over the Internet? - Correct answer Did not verify identity of patient, no physician coverage or follow-up guaranteed
158. How can you terminate care to a patient? - Correct answer 30 day notice, certified letter, available for emergencies during that time, give alternative physicians
159. What prescriptions does a physician need to keep records on? Dangerous drugs? Controlled substances? Samples? - Correct answer 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

160. Can the board administer monetary penalties? - Correct answer Yes
161. What happens to his/her license if a physician goes to prison? - Correct answer TMB is required to suspend
162. How many malpractice claims within what time period automatically open a board investigation? - Correct answer 3 within 5 years
163. How many people from the TMB are necessary to temporarily suspend a license? - Correct answer President appoints a 3-member panel; can be done by phone
164. Is self-reporting addiction a disciplinary action? Is a rehabilitation order a disciplinary order? - Correct answer No; no, it is the only nondisciplinary order
165. Is probation a disciplinary order? Who cannot be put on probation? - Correct answer Yes; sex offenders, felons, prisoners, or if the physician is a threat to public
166. Can the TMB make a physician give a refund? What is the maximum amount of refund? - Correct answer Yes; cannot be more than the amount paid
167. What is monitoring? - Correct answer Continued oversight of the board for subjects on disciplinary orders
168. Who is part of an informal hearing and what is it? - Correct answer 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
169. 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? - Correct answer 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

170. Where can a physician file an appeal? Within what time period? Can he practice in the interim? - Correct answer Circuit court Travis county, within 30 days after final board decision; physician cannot practice in interim
171. Can the TMB panel serve a subpoena to a physician? - Correct answer Yes
172. Can the physician get his file? - Correct answer Yes, with written request, within 30 days
173. Can you voluntarily surrender your license? - Correct answer Yes, but board does not have to accept it
174. If you surrender your license to avoid disciplinary action, can you reapply for it? - Correct answer Yes, if there is no prohibitive circumstance
175. If you surrender your license voluntarily, whose burden is it to show competence if you want it back? - Correct answer The physician who surrendered the license
176. How often and how soon can you reapply to have your license reinstated if it has been canceled/suspended, etc.? - Correct answer Once a year
177. What is the maximum administrative penalty? How long do you have to pay it? - Correct answer $5000 per violation; 30 days
178. What is the maximum penalty for an action for civil penalty by the attorney general? How long do you have to pay it? - Correct answer $1000 per penalty, 30 days
179. 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? - Correct answer Misdemeanor class A; felony; jail felony

180. May you perform emergent surgery while drunk? - Correct answer No; emergency MIGHT be an exception
181. If you have a contract with an impaired physician, can you avoid reporting him/her? - Correct answer No
182. Can the board regulate advertising? - Correct answer No, except to prohibit false, misleading, or deceptive practice
183. Are "testimonials" allowable advertising? - Correct answer No
184. Is it permitted to advertise board certification? Board eligibility? - Correct answer Certification, yes; not eligibility
185. What is a standing medical order? - Correct answer Physician order to institution, e.g., nursing home
186. What is a standing delegation order? What are the requirements? - Correct answer Physician order for patient or population; signed, dated, in writing
187. Who can a physician delegate to? - Correct answer Any qualified and properly trained person
188. Who can the physician delegate to administer dangerous drugs? - Correct answer Any qualified and trained person
189. Can a physician delegate to a midwife? - Correct answer Yes (e.g., eye prophylaxis)
190. Is a physician liable for the actions of a NP or PA? - Correct answer No, unless vicariously liable due to employment
191. What kind of name identification do PAs need? - Correct answer Name tag identifying themselves as a physician assistant

192. What requirements exist for prescription for PAs and NPs? - Correct answer No schedule 2; maximum 90 days, no refills unless consultation with physician
193. Which drug schedules can PAs and NPs prescribe? How many days? Can they give refills? Can they treat children? What ages? - Correct answer Schedules 3-5, 90 days, refill after consultation with physician; Yes, but children less than 2 years only after consultation with physician
194. How many PA and NP equivalent FTEs can a physician supervise at maximum?

• Correct answer 3 FTEs

195. Can CRNAs give all anesthetic drugs? Are they restricted to a particular MD? - Correct answer Yes; no, any MD
196. What authority do pharmacists have? Can they give immunizations? Where does the supervising physician have to be located geographically? - Correct answer Getting histories, ordering drug therapy-related tests, procedures, modifying drug therapy; yes; physician has to be able to be physically present daily
197. What can optometrists prescribe? - Correct answer Eye ointments
198. Can anybody be a surgical assistant? Do they need a license? - Correct answer Yes; yes, if they identify themselves as licensed, otherwise, no
199. Can a physician delegate the taking of X-rays to noncertified technicians? - Correct answer Yes
200. Can they do bone density? Nuclear tests? CT? Skull X-ray? - Correct answer Bone density, skull, spine, extremities, abdomen, chest; NOT CT, nuclear test, etc
201. Do they need to be licensed or registered by the boards? - Correct answer Yes, they need registration

202. What is the difference between a partnership and a limited liability partnership? - Correct answer The limited liability partnership can limit individual liability white partner A is liable for the acts of partner B
203. Who can incorporate in Texas? Can physicians practice through corporations? - Correct answer Dentists, PT but NOT MD; MD cannot practice through corporation
204. Are there any corporations that can employ physicians? - Correct answer Yes, Certified Nonprofit Healthcare Corporation
205. Who can grant a title of Certified Nonprofit Healthcare Corporation? - Correct answer TMB
206. What are 5 important characteristics of Certified Nonprofit Healthcare Corporations? - Correct answer 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
207. Can hospitals provide "physician guarantees"? How do the finances work? - Correct answer Physicians can contract with hospitals but are not employees; guarantees paid for availability, billing, etc
208. Are there federal anti-kickback laws? - Correct answer Yes
209. What does the health care insurance portability and accountability act do to federal anti-kickback provisions? - Correct answer Applies to all federal health care insurances = all insurances
210. Do the anti-kickback laws apply only to Medicare and Medicaid? - Correct answer No
211. Does federal anti-kickback law apply only to patient referrals? - Correct answer No

212. Does this law apply only to giving money as a kickback? Who is punished, giver or taker? - Correct answer No, any money or monetary value; both are punished
213. What kind of crime is a violation of anti-kickback law, and what is the penalty for physicians and hospitals? - Correct answer Felony; up to $250,000 for individuals and $500,000 for institutions
214. What are safe harbors in anti-kickback law? Give examples. - Correct answer Acts NOT in violation of anti-kickback regulation; e.g., space and equipment rental, sale of practice, discounts, etc
215. Are STARK laws federal? - Correct answer Yes
216. What is a STARK law? Can you refer to family? - Correct answer Anti-self- referral law; no
217. What is the difference between STARK 1 and STARK 2? - Correct answer Stark 1 applies to laboratories, Stark 2 to PT, OT services, etc
218. What is the CIVIL FALSE CLAIMS act? Is it state or federal? How long has it been around? What does it prohibit? - Correct answer Submitting false claims to government for payment; federal law since War Between the States
219. Does Texas prohibit remuneration in exchange for referral volume? - Correct answer Yes, prohibition on the solicitation of patients
220. What kind of crime is it to tamper with Texas Medical Board documents? - Correct answer Class A Misdemeanor
221. Barratry—what is it? Is it illegal? - Correct answer Contacting prospective patients in attempts to solicit them; it is illegal
222. Who can be part of a medical peer review committee? - Correct answer Physicians, health care workers, anybody in the hospital

223. Does physician competency include membership in societies, participation in education, participation in group plans? - Correct answer No
224. Who makes rules (by laws) for hospitals? - Correct answer The governing body
225. Can a hospital reject an orthopedist because he is a DO and not an MD? - Correct answer No
226. Can a hospital deny you privileges because you don't accept HMOs? Participate in other hospitals? - Correct answer No
227. Who makes the final decision in a hospital to grant or deny privileges to a physician? - Correct answer Governing body
228. Does the hospital have to get a report from the NPDB about physicians prior to granting privileges? - Correct answer Yes, initially and every 2 years; if they don't, they are liable
229. How many days does the board have to give data to a hospital requesting it? - Correct answer 15 days
230. How often must a physician update his core credentials? How many days does he have to provide corrections? - Correct answer Yearly; corrections within 30 days
231. Prior to the "first release" of his information, how many days does a physician have to review it? - Correct answer 15 business days
232. If a physician's privileges will be suspended, does he/she have the right to due process? - Correct answer Yes
233. How many days prior to hearing of due process must the hospital give the physician notification? - Correct answer 30 days

234. Do hospitals have to accept NPs and PAs? - Correct answer No
235. If accepting NPs and PAs, what are the hospital's responsibilities? - Correct answer Due process, fairness, appeal
236. Is the peer review file confidential? - Correct answer Yes, EXCEPT for possible civil rights violation and possible anti-trust violation
237. When must a hospital's medical peer review report actions taken against physicians to the TMB? to the HCQIA? to the NPDB? - Correct answer 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
238. How much time does the committee have to report to the TMB? - Correct answer 15 days
239. Is it good enough to get the signature for informed consent? - Correct answer No, actual informed consent must be achieved
240. Which procedures need "full disclosure" of LIST A and LIST B? - Correct answer Only List A
241. Which procedures need additional "statutory consent"? - Correct answer Hysterectomy, radiation therapy, ECT
242. Is it the duty of the hospital or the physician to get consent? - Correct answer Physician
243. Which particular aspects of an informed consent if neglected can be grounds for a suit? Do you need to suffer damages to sue? - Correct answer Nondisclosure of risks, benefits, alternatives; yes
244. Is express consent required in an emergency? - Correct answer No, consent is implied

245. If arrested and suspected to be drunk, do the police need consent to check blood? - Correct answer No, consent is deemed to have been made, but consent can be expressly denied
246. If anyone died in an accident, is consent needed to check blood? - Correct answer No
247. Who is a minor in Texas? - Correct answer Anybody less than 18 years of age who has not been emancipated
248. When can a minor petition the court NOT to be a minor? - Correct answer Age 16 when living independently and supporting self, age 17 when supporting self, managing conservator or guardian, Texas resident
249. Can an uncle consent for a minor? - Correct answer Yes
250. Can an educational institution consent for a minor? - Correct answer Yes (boarding school for example)
251. 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?

• Correct answer No; no

252. Who is responsible to review a child's immunization record? - Correct answer Any physician; failure to do so has no consequence
253. What happens if a physician does not review a child's immunization record? - Correct answer Nothing
254. Do you need to consent to inform the authorities if you suspect child abuse or neglect? - Correct answer No

255. In what instance can a child give consent? - Correct answer If on active duty, when restrictions of minor removed, for communicable disease, if pregnant for counseling, and addiction treatment
256. Does the Consent to Medical Treatment Act apply to "incapacitated" individuals? Does it apply to psychiatry patients? - Correct answer Yes; yes, but not for patients in FREE-STANDING psychiatric hospitals
257. Who can be a surrogate decision maker? What are the requirements? - Correct answer Spouse, adult child, majority of children, parents, or a person identified by patient before becoming incapacitated
258. Can surrogate decision maker consent to voluntary inpatient psych treatment? ECT treatment? Appoint another surrogate decision maker? - Correct answer Not psych treatment, not ECT, cannot appoint another decision maker
259. What are 3 examples of "advanced directive"? - Correct answer Directive to physician, out-of-hospital DNR, medical power of attorney
260. How many witnesses do you need, and what are the witness requirements for advanced directives? - Correct answer 2 witnesses, one cannot be related, beneficiary, attending physician or hospital employee
261. Can a directive to a physician be oral or must it be in writing? - Correct answer Can be verbal and must be documented in chart with names of witnesses
262. Does an advanced directive have to be notarized? - Correct answer No
263. How many witnesses for an oral directive? - Correct answer 2
264. How long is a directive good for? - Correct answer No limit, until revoked
265. What are the 3 ways to revoke an advance directive? - Correct answer Written, oral, or VOID across the pages