Docsity
Docsity

Prepare for your exams
Prepare for your exams

Study with the several resources on Docsity


Earn points to download
Earn points to download

Earn points by helping other students or get them with a premium plan


Guidelines and tips
Guidelines and tips

Texas Jurisprudence Exam: Medical Malpractice & Prescription Drugs, Exams of Medicine

A comprehensive overview of key legal concepts and regulations related to medical malpractice and prescription drug laws in texas. It presents a series of questions and answers covering topics such as physician-patient relationships, negligence, expert witnesses, damages, statutes of limitations, confidentiality, and drug regulations. Particularly useful for students and professionals in the legal and medical fields who need to understand the legal framework governing medical practice in texas.

Typology: Exams

2024/2025

Available from 11/25/2024

StudyShack
StudyShack 🇺🇸

5

(1)

1.5K documents

Partial preview of the text

Download Texas Jurisprudence Exam: Medical Malpractice & Prescription Drugs and more Exams Medicine in PDF only on Docsity!

Texas Jurisprudence Exam questions and

answers 2024/

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

Are hospitals liable for the actions of a physician? - ANSWER>>No, unless the hospital employs the physician

Who determines in a criminal case if the medical records of a patient should be released? - ANSWER>>Judge by inspection

How many days do you have to release medical records to an attorney? - ANSWER>>45 days

Can medical records be admitted as evidence in court? What are the requirements? - ANSWER>>Yes, but only with affidavit

What are schedule 1, 2, 3, 4, 5 drugs? - ANSWER>>Schedule 1—no known use (e.g., heroin); schedule 2—very addictive (morphine, cocaine); schedule 3-5—less addictive

What are dangerous drugs? - ANSWER>>Prescription drugs other than schedule 1- 5

How many DEA registrations do you need if you prescribe drugs? dispense drugs?

  • ANSWER>>One to prescribe; a separate registration for each location where you dispense

How often do you renew your DEA license? - ANSWER>>Every 3 years

Can you move your office location and then change your DEA? - ANSWER>>No, need to change BEFORE move

Is a DEA registration sufficient to prescribe drugs in Texas? - ANSWER>>No, also need Department of Public Safety Bureau of Narcotics and Dangerous Drug registration

How often do you renew a DPS license? - ANSWER>>Yearly

Do you have to display the DEA and DPS licenses? - ANSWER>>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.)? - ANSWER>>7 days

Can you have your DPS suspended and keep your DEA or vice versa? - ANSWER>>No, they are interconnected

For schedules 2-5 drugs, can you just put the number of pills on prescription? - ANSWER>>No, number and number spelled out

Do you have to put intended use on prescription? - ANSWER>>Yes

With how many days of a schedule 2-5 drug can a patient be discharged from the hospital? - ANSWER>>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? - ANSWER>>Official DPS form; no stickers

Can a physician prescribe schedule 2 over the phone? - ANSWER>>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? - ANSWER>>7 days

How many days does the patient have to fill schedule 2 prescriptions? - ANSWER>>7 days

Can you refill a schedule 2 prescription? How about schedule 3-5? - ANSWER>>No for schedule 2. Max 5 refills for schedules 3-5.

Who can call in prescription from a physician's office? - ANSWER>>Any qualified DESIGNATED person

Can they call in schedule 2? - ANSWER>>Only physician in emergencies

Can a physician prohibit substitutions for generics? - ANSWER>>Yes

From whom and how do you order schedule 2? Schedules 3-5? - ANSWER>>Schedule 2 on triplicate order form from distributor; schedules 3- 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? - 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

Who can inspect your drugs? - ANSWER>>TMB, DPS, attorney general for the DEA

What is the method of ordering and accounting for drug samples? - ANSWER>>Written and signed request by physician; must keep inventory and drug logs

Can you repackage samples? - ANSWER>>No

Do you need to keep records on samples? - ANSWER>>Yes, just like other meds

Can a physician buy and rebottle? Any exceptions? - ANSWER>>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? - 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

Who does the MPA apply to? - ANSWER>>Physicians (MD, DO), PAs, and acupuncturists

Does the MPA apply to the armed forces and federal public health? Can they moonlight? - ANSWER>>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? - ANSWER>>NO if no charge; YES if money is charged

Are medical students in "board-approved schools" subject to the MPA? - ANSWER>>No

Does the MPA prohibit self-care? - ANSWER>>No

Does the MPA apply to physicians in contiguous states? - ANSWER>>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? - ANSWER>>19 members, appointed by the governor, confirmed by the senate

Can the board subpoena people and records? Who can serve a subpoena? - ANSWER>>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? - ANSWER>>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? - ANSWER>>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? - ANSWER>>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? - ANSWER>>Public

Are the following included in the physician profile?

  1. ethnic origin
  2. CME
  3. years in practice
  4. Medicaid participation
  5. misdemeanors
  6. felonies
  7. malpractice claims
  8. tax ID or social security numbers - ANSWER>>Everything except for tax ID/soc. security

Which malpractice claims should be included? - ANSWER>>Any jury awards, liabilities—NOT settlements

What happens if you don't give this info? - ANSWER>>License is not renewed

How many years of postgraduate training do you need to be eligible for licensure?

  • ANSWER>>One

Who can get a limited license? - ANSWER>>Applicant who is recommended by dean, president, or chief administrator from Texas medical school

Do you need the jurisprudence exam for a limited license? - ANSWER>>Yes

Who is not eligible for licensure? - ANSWER>>If applicant is under prosecution, investigation, or has restrictions on license in another state

How many days does the program director have to tell the board that somebody with a physician-in-training license did not show up, was suspended, etc.? - ANSWER>>30 days

What is a temporary postgraduate training permit? - ANSWER>>License for residents and fellows pending the physician in training permit

What is a telemedicine license? Do you have to be board certified to have it? Do you have to pass the jurisprudence exam? - 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

How often do you register your license? Do you need an updated physician profile? - ANSWER>>Every 2 years; yes

How many days prior to the expiration of your license does the TMB notify you? - ANSWER>>

How many days after a license expires are you considered to be practicing without a license? - ANSWER>>30 day grace period.

License expired < 90 days—penalty is? - ANSWER>>$

License expired 91-364 days—penalty is? - ANSWER>>$

License expired > 364 days—penalty is? - ANSWER>>Cancellation

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>>

How many CMEs per year? - ANSWER>>

How many category 1 CMEs yearly must be in ethics? - ANSWER>>

How many category 2 CMEs can be from volunteer work? - ANSWER>>

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>>

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

If you surrender your license voluntarily, whose burden is it to show competence if you want it back? - ANSWER>>The physician who surrendered the license

How often and how soon can you reapply to have your license reinstated if it has been canceled/suspended, etc.? - ANSWER>>Once a year

What is the maximum administrative penalty? How long do you have to pay it? - ANSWER>>$5000 per violation; 30 days

What is the maximum penalty for an action for civil penalty by the attorney general? How long do you have to pay it? - ANSWER>>$1000 per penalty, 30 days

What kind of offense is a violation of the MPA? What kind offense is it to practice medicine in violation of the MPA? To practice medicine with financial harm? - ANSWER>>Misdemeanor class A; felony; jail felony

May you perform emergent surgery while drunk? - ANSWER>>No; emergency MIGHT be an exception

If you have a contract with an impaired physician, can you avoid reporting him/her? - ANSWER>>No

Can the board regulate advertising? - ANSWER>>No, except to prohibit false, misleading, or deceptive practice

Are "testimonials" allowable advertising? - ANSWER>>No

Is it permitted to advertise board certification? Board eligibility? - ANSWER>>Certification, yes; not eligibility

What is a standing medical order? - ANSWER>>Physician order to institution, e.g., nursing home

What is a standing delegation order? What are the requirements? - ANSWER>>Physician order for patient or population; signed, dated, in writing

Who can a physician delegate to? - ANSWER>>Any qualified and properly trained person

Who can the physician delegate to administer dangerous drugs? - ANSWER>>Any qualified and trained person

Can a physician delegate to a midwife? - ANSWER>>Yes (e.g., eye prophylaxis)

Is a physician liable for the actions of a NP or PA? - ANSWER>>No, unless vicariously liable due to employment

What kind of name identification do PAs need? - ANSWER>>Name tag identifying themselves as a physician assistant

What requirements exist for prescription for PAs and NPs? - ANSWER>>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? - ANSWER>>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? - ANSWER>>3 FTEs

Can CRNAs give all anesthetic drugs? Are they restricted to a particular MD? - ANSWER>>Yes; no, any MD

What authority do pharmacists have? Can they give immunizations? Where does the supervising physician have to be located geographically? - ANSWER>>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? - ANSWER>>Eye ointments

Can anybody be a surgical assistant? Do they need a license? - ANSWER>>Yes; yes, if they identify themselves as licensed, otherwise, no

Can a physician delegate the taking of X-rays to noncertified technicians? - ANSWER>>Yes

Can they do bone density? Nuclear tests? CT? Skull X-ray? - ANSWER>>Bone density, skull, spine, extremities, abdomen, chest; NOT CT, nuclear test, etc

Do they need to be licensed or registered by the boards? - ANSWER>>Yes, they need registration

What is the difference between a partnership and a limited liability partnership? - ANSWER>>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? - ANSWER>>Dentists, PT but NOT MD; MD cannot practice through corporation

Are there any corporations that can employ physicians? - ANSWER>>Yes, Certified Nonprofit Healthcare Corporation

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)

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? - ANSWER>>No; no

Who is responsible to review a child's immunization record? - ANSWER>>Any physician; failure to do so has no consequence

What happens if a physician does not review a child's immunization record? - ANSWER>>Nothing