Texas Jurisprudence Exam Complete Questions & Answers(2024 Latest Update)100% Verified, Exams of Nursing

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Texas Jurisprudence Exam Complete Questions & Answers(2024 Latest Update)100% Verified Can a patient successfully sue a doctor if there is no physician-patient relationship? - ANSWER No If there is no prior physician-patient relationship, are you legally obliged to respond to a call from a patient for treatment? - ANSWER No Does being on call give rise to a physician-patient relationship? - ANSWER No How can one terminate a physician-patient relationship, without abandonment if there is ongoing treatment? - ANSWER 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? - ANSWER Yes What is "proximate cause"? - 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 What are the two components of proximate cause? - ANSWER Cause-in-fact (but-for test) and foreseeability Does an expert witness have to be actively practicing medicine? - ANSWER Yes Does an expert witness have to know standards of care? - ANSWER Yes Does an expert witness have to have enough training to express an opinion on whether standard of care was provided? - ANSWER Yes Does an expert witness have to be board certified? - ANSWER No, board certified or eqivalent In a medical malpractice case, are expert witnesses required? - ANSWER Yes, with two exceptions In a medical malpractice setting, what 2 instances do not need expert testimony? - ANSWER Res ipsa loquitur (e.g., amputation of wrong leg) and negligence per se (a law was broken) What are "exemplary damages"? - ANSWER Damages above compensatory designed to punish the defendant and deter the behavior Is there a cap to noneconomic damages? How much? - ANSWER $250,000 for physicians, $500,000 for hospitals Does the cap on noneconomic damage depend on the number of defendants or claimants? - ANSWER No What is "proportional responsibility"? - ANSWER Percentage of liability apportioned according to percentage of fault Can the claimant have part of the proportional responsibility? - ANSWER Yes If the claimant's proportionate responsibility is more than what %, he/she may not recover damages? - ANSWER If > 50%, no damages awarded How long is the statute of limitations for adults? For minors? - ANSWER 2 years; for minors 2 years after becoming 18 years of age By how much can the statute of limitations be extended and how? - ANSWER File complaint—extra 60-day, notice letter extends statute by 75 days What is the statute of limitations for wrongful death? - ANSWER 2 years What is the discovery rule? Give examples. - ANSWER 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? - ANSWER Yes, except gross negligence Is there immunity from civil action in volunteer care? - ANSWER Yes, except gross negligence When can a physician be charged with "assault and battery"? - ANSWER Un-consented surgery or examination or when exceeding the scope of the consent When can a physician be charged with patient abandonment? - ANSWER Unilateral cessation of treatment when continued treatment is necessary What is "strict liability"? - 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 To give anesthesia, how often do you have to register with the board? - ANSWER Every 2 years What life support competency do surgeons and anesthesiologists need? - ANSWER ACLS, PALS, or board-approved course How many and what competency levels of healthcare providers do you need in all settings? - ANSWER At least 2 physicians with advanced competency How many days do you have to report office-based anesthesia-related complications? - ANSWER 15 days What is considered an anesthesia-related complication? - ANSWER Admission to hospital within 24 hours or death within 72 hours What is considered intractable pain? - ANSWER 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? - ANSWER No Can the board take disciplinary action against a physician for giving dangerous or controlled substances to a patient with intractable pain? - ANSWER No What must the physician document prior to treatment of intractable pain? - ANSWER 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? - ANSWER No Who can be part of a confidential communication? - ANSWER 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? - ANSWER No, billing record is NOT part of medical record In a criminal proceeding, is the physician-patient privilege communication confidential? - ANSWER NO (except for mental health records); judicial ruling should be obtained In a criminal proceeding, are records of alcohol and drug abuse confidential? - ANSWER Yes Does the physician confidentiality apply to court or administrative proceedings brought by the patient against a physician? - ANSWER No Can the physician violate confidentiality if he/she thinks he or someone else is in danger? - ANSWER Yes, must report that to law enforcement agency (NOT for mental health) What information must a release of medical records include? - ANSWER 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? - ANSWER 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? - 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 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? - 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 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? - ANSWER 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? - ANSWER 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? - ANSWER No Can you relate information without patient consent for treatment? Billing? To report abuse? To law enforcement? For funeral directions? For worker's comp? - ANSWER Yes, all of the above What is the "minimum necessary standard" for a medical release? - ANSWER 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? - ANSWER Yes; yes, they can request amendments What is the Texas medical record privacy act? Is it like HIPAA? - ANSWER 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? - ANSWER 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? - ANSWER Yes; no Are substance abuse records admissible during criminal proceedings? - ANSWER No, unless the crime is EXTREMELY serious Is HIV information confidential? - ANSWER Yes Can you "break" confidentiality in order to tell a spouse that his/her spouse is HIV positive? - ANSWER Yes Can you break confidentiality to tell a partner about notification program?. - ANSWER Yes Are blood bank records confidential? - ANSWER 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. - ANSWER 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? - ANSWER They can tell name of disease, NOT donor For statistical purposes, can a blood bank give out medical records? Names? - ANSWER Yes, but not names or other identifying information Is genetic information confidential? - ANSWER Yes Can patients have access to the results of their genetic testing? - ANSWER Yes What kind of crime is the unauthorized release of records? - ANSWER Misdemeanor Can the Texas Medical Board (TMB) show preference to a specific school of medicine such as medicine v. osteopathy? - ANSWER No What does the Medical Practice Act (MPA) regulate? - ANSWER The practice of medicine Do you have to retake JP exam if your license is canceled? - ANSWER Only if the license is canceled for more than 2 years. How can you get another license if it is lost/destroyed? - ANSWER Get affidavit of lost or destroyed document and pay fee to board How many category 1 CMEs yearly? - ANSWER 12 How many CMEs per year? - ANSWER 24 How many category 1 CMEs yearly must be in ethics? - ANSWER 1 How many category 2 CMEs can be from volunteer work? - ANSWER 6 How many CMEs can a license carry forward? And for how many registration periods? - ANSWER 48; only once How many CMEs can be applied retroactively? - ANSWER 24; only once How many CMEs do you need if you become "board certified" within 36 months? - ANSWER 24 If you practice pain management, how many CMEs in pain management are required? - ANSWER None, but they are recommended Who can initiate a complaint to the board? - ANSWER Anyone What is the "health professions council"? - ANSWER 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? - ANSWER 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? - ANSWER Upon written request Who investigates issues of "medical competency"? - ANSWER 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? - 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 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? - ANSWER 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? - ANSWER 2 times per year. Restrictive action by the TMB: Must the board report crimes found during investigations? - ANSWER Yes, to the law enforcement. Restrictive action by the TMB: Within how many days must the board report to the NPDB? - ANSWER 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? - ANSWER 30 days. Are TMB reports confidential? - ANSWER Yes Who can the NPDB give info to? How about to patients? How about statistical data? - ANSWER 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? - ANSWER To prevent mother's death, if unborn has severe irreversible brain damage When is it not illegal to perform an abortion on a minor? - ANSWER In emergency and with court order Is sexual contact between a physician and patient OK if the patient consents? - ANSWER NO, the disparity of power does not allow consent Why is it unprofessional to initially prescribe drugs over the Internet? - ANSWER Did not verify identity of patient, no physician coverage or follow-up guaranteed How can you terminate care to a patient? - ANSWER 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? - 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 Can the board administer monetary penalties? - ANSWER Yes What happens to his/her license if a physician goes to prison? - ANSWER TMB is required to suspend How many malpractice claims within what time period automatically open a board investigation? - ANSWER 3 within 5 years How many people from the TMB are necessary to temporarily suspend a license? - ANSWER 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? - ANSWER No; no, it is the only nondisciplinary order Is probation a disciplinary order? Who cannot be put on probation? - ANSWER 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? - ANSWER Yes; cannot be more than the amount paid What is monitoring? - ANSWER Continued oversight of the board for subjects on disciplinary orders Who is part of an informal hearing and what is it? - 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 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? - 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 Where can a physician file an appeal? Within what time period? Can he practice in the interim? - ANSWER 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? - ANSWER Yes Can the physician get his file? - ANSWER Yes, with written request, within 30 days Can you voluntarily surrender your license? - ANSWER Yes, but board does not have to accept it If you surrender your license to avoid disciplinary action, can you reapply for it? - ANSWER Yes, if there is no prohibitive circumstance Who can grant a title of Certified Nonprofit Healthcare Corporation? - ANSWER TMB What are 5 important characteristics of Certified Nonprofit Healthcare Corporations? - 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 Can hospitals provide "physician guarantees"? How do the finances work? - ANSWER Physicians can contract with hospitals but are not employees; guarantees paid for availability, billing, etc Are there federal anti-kickback laws? - ANSWER Yes What does the health care insurance portability and accountability act do to federal anti- kickback provisions? - ANSWER Applies to all federal health care insurances = all insurances Do the anti-kickback laws apply only to Medicare and Medicaid? - ANSWER No Does federal anti-kickback law apply only to patient referrals? - ANSWER No Does this law apply only to giving money as a kickback? Who is punished, giver or taker? - ANSWER No, any money or monetary value; both are punished What kind of crime is a violation of anti-kickback law, and what is the penalty for physicians and hospitals? - ANSWER Felony; up to $250,000 for individuals and $500,000 for institutions What are safe harbors in anti-kickback law? Give examples. - ANSWER Acts NOT in violation of anti-kickback regulation; e.g., space and equipment rental, sale of practice, discounts, etc Are STARK laws federal? - ANSWER Yes What is a STARK law? Can you refer to family? - ANSWER Anti-self-referral law; no What is the difference between STARK 1 and STARK 2? - ANSWER Stark 1 applies to laboratories, Stark 2 to PT, OT services, etc What is the CIVIL FALSE CLAIMS act? Is it state or federal? How long has it been around? What does it prohibit? - ANSWER Submitting false claims to government for payment; federal law since War Between the States Does Texas prohibit remuneration in exchange for referral volume? - ANSWER Yes, prohibition on the solicitation of patients What kind of crime is it to tamper with Texas Medical Board documents? - ANSWER Class A Misdemeanor Barratry—what is it? Is it illegal? - ANSWER Contacting prospective patients in attempts to solicit them; it is illegal Who can be part of a medical peer review committee? - ANSWER Physicians, health care workers, anybody in the hospital Does physician competency include membership in societies, participation in education, participation in group plans? - ANSWER No Who makes rules (by laws) for hospitals? - ANSWER The governing body Can a hospital reject an orthopedist because he is a DO and not an MD? - ANSWER No Can a hospital deny you privileges because you don't accept HMOs? Participate in other hospitals? - ANSWER No Who makes the final decision in a hospital to grant or deny privileges to a physician? - ANSWER Governing body Does the hospital have to get a report from the NPDB about physicians prior to granting privileges? - ANSWER Yes, initially and every 2 years; if they don't, they are liable How many days does the board have to give data to a hospital requesting it? - ANSWER 15 days How often must a physician update his core credentials? How many days does he have to provide corrections? - ANSWER Yearly; corrections within 30 days Prior to the "first release" of his information, how many days does a physician have to review it? - ANSWER 15 business days If a physician's privileges will be suspended, does he/she have the right to due process? - ANSWER Yes How many days prior to hearing of due process must the hospital give the physician notification? - ANSWER 30 days Do hospitals have to accept NPs and PAs? - ANSWER No If accepting NPs and PAs, what are the hospital's responsibilities? - ANSWER Due process, fairness, appeal Is the peer review file confidential? - ANSWER 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? - 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 How much time does the committee have to report to the TMB? - ANSWER 15 days Is it good enough to get the signature for informed consent? - ANSWER No, actual informed consent must be achieved Which procedures need "full disclosure" of LIST A and LIST B? - ANSWER Only List A Which procedures need additional "statutory consent"? - ANSWER Hysterectomy, radiation therapy, ECT Is it the duty of the hospital or the physician to get consent? - ANSWER Physician Which particular aspects of an informed consent if neglected can be grounds for a suit? Do you need to suffer damages to sue? - ANSWER Nondisclosure of risks, benefits, alternatives; yes Is express consent required in an emergency? - ANSWER No, consent is implied If arrested and suspected to be drunk, do the police need consent to check blood? - ANSWER 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? - ANSWER No Who is a minor in Texas? - ANSWER Anybody less than 18 years of age who has not been emancipated When can a minor petition the court NOT to be a minor? - ANSWER 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? - ANSWER Yes Can an educational institution consent for a minor? - ANSWER Yes (boarding school for example) When can you withhold treatment to an infant? - ANSWER If chronically and irreversibly comatose or terminally ill and further treatment would be futile Can you withhold nutrition/hydration from a terminally ill infant? - ANSWER No Is the mental health directive an advanced directive act? - ANSWER Yes, but with differences What are the requirements for mental health directive? What are requirements for witnesses? - ANSWER 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? - ANSWER Yes, 3 years or until revoked What happens if on the expiration date of a mental health directive, the patient is incapacitated? - ANSWER It continues until competent When can you use restraints? When can you use behavioral measures? - ANSWER 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? - ANSWER Donor NO, husband YES What prenatal maternal tests must a physician check? - ANSWER HIV, hepB, syphilis How many times must a physician check prenatal maternal tests? - ANSWER Twice; upon first examination and on admission for delivery Are prenatal maternal tests confidential and anonymous? - ANSWER 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? - ANSWER 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? - ANSWER Refer for treatment, provide counseling, and provide information about diseases How long does a physician have to keep prenatal maternal test results? - ANSWER For 9 months What institutions do not need licensing for birthing centers? - ANSWER Licensed hospitals, nursing homes, and ambulatory surgery centers What does the federal case Roe v. Wade say about abortion? - ANSWER Abortions are legal Under what circumstance can you perform a third trimester abortion in Texas? - ANSWER 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? - ANSWER 30 days What is the cut-off gestational age to do an abortion in the office? - ANSWER 16 weeks What specific health risk must you inform the patient about during consent for abortion (4 categories)? - ANSWER 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? - ANSWER Medical assistance, father's liability for support; yes How long before the abortion must you tell patients about risks and economic issues? - ANSWER 24 hours When can you perform an abortion on a minor? Can you do it without calling the parents? - ANSWER 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? - ANSWER 48 hours; yes What happens if you cannot find a parent to notify of abortion? - ANSWER Mail certified letter 48 hours prior Is there any way for a minor to have abortion without notifying the parents? - ANSWER 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? - ANSWER Assure that it is necessary; notify TDDHS on prepared form What facility must be licensed to do abortions in Texas? - ANSWER If they do > 50/year How often do abortion facilities have to report to the DPH? - ANSWER Yearly Do abortion facilities' reports include the physician and patient names? - ANSWER No, neither Can you force a physician to perform an abortion? - ANSWER No With what and for what do you have to treat all newborns? - ANSWER 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? - ANSWER PKU, galactose-1-phosphate uridyltransferase deficiency, sickling hemoglobinopathies, congenital adrenal hyperplasia, hypothyroidism; twice (at birth, 2 weeks later); physician or person attending birth; parents can object on religious grounds Do hospitals have to give hearing test to all newborns? - ANSWER Yes Within what time period does insurance have to pay for newborn hearing screen? When do they have to pay for follow-up care with regard to hearing? - ANSWER From birth until 30 days; up to 2 years of age For what time period must an insurance cover a mother + newborn? - ANSWER 48 hours normal delivery, 96 hours C-section; longer for complicated delivery Who must review immunization history? - ANSWER Every physician Until when must insurance pay for immunizations? - ANSWER Up to age 6 Who must submit the birth certificate? - ANSWER Physician, midwife, or person attending birth How many days do you have to submit the birth certificate? - ANSWER 5 days What kind of crime is it if you don't submit a birth certificate? - ANSWER Misdemeanor What kind of crime is it if you submit false data on a birth certificate? - ANSWER Felony 3rd degree How old or young must a baby be in order for a care provider to be able to take possession of an abandoned baby? - ANSWER 60 days Can any money transaction be done during an adoption? - ANSWER Yes; only to cover expenses When is a person considered dead? - ANSWER Cardiac and respiratory functions cease to exist When is a ventilated person considered dead? - ANSWER Irreversible cessation of brain function Will the TDPRS act on anonymous calls regarding child abuse? Does it satisfy a professional duty to report? - ANSWER 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? - ANSWER 48 hours What kind of crime is lying in a report on child abuse? Not submitting a report? - ANSWER State jail felony, misdemeanor class B Who must report nursing home abuse? - ANSWER Any person Is the report of nursing home abuse verbal or written? - ANSWER Immediately verbally, written within 5 days What kind of offense is it NOT to report nursing home abuse? - ANSWER Misdemeanor class A Can the institution retaliate against a whistle-blower in cases of nursing home abuse? - ANSWER No When and within what time limit must nursing homes report resident deaths? - ANSWER Within 10 working days Within what time period must nursing home deaths be reported if the resident just transferred to hospital within 24 hours and died? - ANSWER 10 working days Who is considered a child, elderly, or disabled person when talking about a criminal offense for injury of the above? - ANSWER 14 year or younger, 65 or older or disabled older than 14 Who is considered "elderly" when living at home? - ANSWER 65 or older What kind of offense is it if you do not report elderly abuse? - ANSWER Misdemeanor class A; false information class B Can a volunteer report abuse in a hospital, etc.? - ANSWER Yes Who is considered a mental health worker? Does that include priests? - ANSWER Social worker, addiction counselor, counselor, marriage therapist, clergy member, physician, psychologist; yes Give definitions for 4 types of sexual contact - ANSWER Touching, deviate acts, intercourse, request for or suggestion of What is sexual exploitation? - ANSWER Pattern for purposes of sexual gratification What is therapeutic deception? - ANSWER Making patient believe it is part of treatment What of the above questions is cause for action? - ANSWER All-contact, exploitation, deception Is an employer liable for the sexual misconduct of a current or previous worker with a current or discharged or ex-patient? - ANSWER Yes, if employer has knowledge of past sexual exploitation or fails to inquire over the last five years of employment What is considered "emotional dependence"? - ANSWER Lack of emotional dependence of the patient on the therapist is a defense that can be raised in an action brought by a former patient Is it a defense that the sexual misconduct was consented? Off the premises? Outside treatment sessions? - ANSWER No, no, no Who are the 2 agencies that should receive a report in cases of sexual misconduct? - ANSWER State licensing board and prosecuting attorney of the county where the alleged offense occurred When to report sexual misconduct? What offense is failure to report? - ANSWER Within 30 days; misdemeanor If you are examining a patient with a communicable disease, what is your duty? - ANSWER Duty to instruct on prevention of reinfection, spread, and necessity to treat Who has to report communicable diseases? - ANSWER Physician, dentist, veterinarian, chiropractor What sort of situations must be reported? - ANSWER Documented or suspected infection, exotic diseases, outbreaks Can an employee in the office do the reporting? - ANSWER Yes, if designated by physician If a physician reports a communicable disease, does the hospital also have to report it? - ANSWER Yes, both If you treat a patient with a communicable disease that dies, what are your 2 responsibilities and within what time frame? - ANSWER Report death immediately and put toe tag on What kind of crime is nonreporting communicable disease? - ANSWER 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? - ANSWER Yes, request TDH Is the police officer, etc., required to be tested himself/herself? - ANSWER No If an employee is exposed, can the hospital check if the person is harboring an infective agent? - ANSWER Yes, to HepB, C, HIV What diseases must they test for? - ANSWER Hep B, C, HIV Do they need the patient's consent? - ANSWER No Who must report occupational exposure? Does that include labs? - ANSWER Physicians, labs, health care workers; labs must report abnormal lead levels What occupational exposure must be reported? - ANSWER Asbestosis, silicosis Do you have to report birth defects? - ANSWER Yes Which diseases have to be reported immediately? - ANSWER Diphtheria, measles, anthrax, pertussis, hemophilus, plague, rabies, SARS, smallpox, yellow fever, etc Which diseases must microbiology labs report immediately? - ANSWER Vancomycin- resistant staph, VRE, HIV, neisseria meningitis Can you make somebody have HIV test? What are the 4 exceptions? - ANSWER No, unless during pregnancy, criminal proceedings, accidental exposure, consented What kind of crime is it if you force somebody to take an HIV test? - ANSWER Misdemeanor A Does HIV testing consent have to be written? - ANSWER No Do you have to sign an HIV consent if you have signed a consent for treatment? - ANSWER No Do you need consent for lab testing after accidental exposure? - ANSWER No Does a physician have to contact the partner notification program if a patient is HIV positive and the physician suspects sexual activity? - ANSWER Yes Can a health care worker with exudative lesions or weeping dermatitis participate in direct patient care or handling of medical equipment? - ANSWER No Is pregnancy a medical emergency? - ANSWER No, except for complications and labor Under EMTALA, what MUST a hospital provide? - ANSWER Medical screening Is it enough to log in or triage the patient? - ANSWER No Can you delay treatment in order to check insurance? Get pre-approval? - ANSWER No Can you provide different levels of care based on insurance? - ANSWER No Can a PA or NP provide the EMTALA required screening? - ANSWER Yes Does admitting the patient for treatment satisfy EMTALA requirements? - ANSWER No If patient refuses treatment, does that satisfy EMTALA? What is the appropriate protocol? - ANSWER 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? - ANSWER PA, NP, RN, other qualified person after consultation with MD Do you have to send medical records when transferring from an ER? - ANSWER Yes Can you transfer because on-call physician did not show up? What must you do? - ANSWER 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"? - ANSWER No, if they have EVER accepted patients before and made room for them How many years must you keep records of patient transfers? - ANSWER 5 years Do hospitals need to keep on-call lists? - ANSWER Yes Can you do elective surgery when you are on call? - ANSWER Yes Can on-call physician refuse to show up? - ANSWER 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? - ANSWER 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? - ANSWER Yes How many people on the Texas Medical board? - ANSWER 19 How many MDs on the TMB? - ANSWER 12 How many layperson on the TMB? - ANSWER 7 How often does the police run a check on physicians? - ANSWER Monthly How often does the TMB put out reports on physicians? - ANSWER Every 6 months How many years of postgraduate training to apply for full license? - ANSWER 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? - ANSWER 30 Institutional permit: how many months for initial license? How many renewals? How many months for each renewal? - ANSWER 14 months; 7; 12 months Physician-in-training permit: how many months for initial license? How many renewals? How many months for each renewal? - ANSWER 18 months; 6; 18 months How often do you register your license with the TMB? - ANSWER Every 2 years How many days prior to expiration of your license does the board notify you? - ANSWER 30 How many days after expiration are you considered practicing without a license? - ANSWER 30 How many days after expiration is license canceled? - ANSWER 365 How many category 1 CMEs per year? - ANSWER 12 How many ethics CME credits? - ANSWER 1 yearly How many CME credits can be from volunteering? - ANSWER 6 How many CMEs can you carry forward? - ANSWER 48 How often must the board give update to all participants in a complaint? - ANSWER Every 3 months (quarterly) How much time do insurances have to report malpractice to the board? - ANSWER 30 days If disciplinary action is taken by the board, how much time to report to the hospital verbally? In writing? To the NPDB? - ANSWER Verbally immediately to hospitals on first working day; in writing to all hospitals and agencies within 30 days. How much time to report court reports to the board? - ANSWER 30 days How many malpractice claims in what time frame to trigger board investigation? - ANSWER 3 within 5 years How many people from the board to emergency suspend license? - ANSWER 3 How many days does a physician have to file appeal to a board decision? Which county? - ANSWER 30 days; Travis county How soon and how often can you file for reinstatement of a license? - ANSWER After one year; once a year. Maximum administrative penalty by board? By attorney general? - ANSWER $5000 per violation; $1000 per violation. How much time to pay an administrative penalty by the board? - ANSWER 30 days. How many days can NPs and PAs prescribe? How many refills? For patients how old? - ANSWER 30 days, no refills; older than 2 years. How many PA equivalents can an MD supervise? - ANSWER 3 full-time employees What percentage of random charts of the PA must the physician review? - ANSWER 10% How far can secondary practice sites be located from primary? - ANSWER 60 miles How many days does board have to give information to requesting hospitals? - ANSWER 15 days How many days do you have to correct changes in your TMB profile? - ANSWER 30 days How many days do you get to review your data the FIRST time the board releases it? - ANSWER 15 business days. How often does a physician have to resubmit his core data if there were no changes? - ANSWER Once a year. How many days before hospital hearing must a physician be notified? - ANSWER 30 days. A suspension in the hospital must be reported if it lasts for how long? Within what time must it be reported? - ANSWER More than 30 days; 15 days. Death of a child of what age or younger must be reported to the medical examiner? Within what time frame? - ANSWER 6 years; immediately How many days after catastrophe to get "certificate of death by catastrophe"?Xlibris. Kindle Edition. - ANSWER 10 days. If a patient dies within how many hours of admission must an inquest be ordered? - ANSWER 24 hours. A mentally retarded person of what age can donate a kidney if the guardian petitions the court? - ANSWER 12 years. After how many days can a blood bank pay for blood donation? - ANSWER 15 days. A person older than what age can voluntarily commit self to psychiatry? - ANSWER 16 years How often do private psychiatry hospitals file reports? - ANSWER Yearly. What age do you have to be to get ECT? - ANSWER 16 How often do you renew DEA license? DPS license? - ANSWER Every 3 years; yearly. How many days to you have to inform the DPS of change in information? - ANSWER 7. How many days of pills can a patient get of schedule 2-5 when discharged from the hospital? - ANSWER 7. How many days to send written prescription to pharmacy of schedule 2 drug? - ANSWER 7. How long is a schedule 2 script valid? How many refills? Schedule 3-5 valid? Refills? Dangerous drugs valid? Refills? - ANSWER 7 days; no refills; 6 months; 5 refills; unlimited; unlimited. How often do you need to do inventory on your drugs? - ANSWER Every 2 years. How often do you have to register with the board and pay a fee to administer anesthesia? - ANSWER Every 2 years. How many days do you have to report an office-based anesthesia complication? - ANSWER 15 days. How much time do you have to report a death from communicable disease? - ANSWER Immediately. How much time to report a gunshot wound? - ANSWER Immediately. What is the monetary penalty for violation of anti-kickback laws for physicians? Hospitals? - ANSWER $25,000-$250,000 / $50,000-$500,000. How much time does a physician have to report child abuse? - ANSWER Immediately; 48 hours in writing. How much time does a professional (not medical professional) have to report child abuse? - ANSWER 48 hours. How much time do professionals/physicians have to report death of a child secondary to abuse? - ANSWER 48 hours. How much time do you have to report nursing home abuse verbally? In writing? - ANSWER Immediately; 5 days. If a nursing home resident dies after transfer to a hospital, within what time frame must be reported? - ANSWER 24 hours. How much time does the nursing home have to report elderly death? - ANSWER 10 days after the end of the month of death. What are the age limits to consider abuse a criminal offense? - ANSWER 14 or younger, 65 or older; older than 14 and disabled.