Texas Jurisprudence Exam Questions and Answers 2024., Exams of Nursing

Download Texas Jurisprudence Exam Questions and Answers 2024. and more Exams Nursing in PDF only on Docsity! 1 1 Texas Jurisprudence Exam Questions and Answers 2024. How many days does the funeral director have to file death certificate? - ANSWER-10 days How many days does the physician have to fill out death certificate? - ANSWER-5 days. Over what weight must a death certificate be filled out for a fetus? - ANSWER-350 grams. If weight is not known, over what gestational age? - ANSWER-20 weeks. SIDS is for children of less than what age? - ANSWER-12 months. 2 2 When do you have to report SIDS? - ANSWER- Immediately. 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 5 5 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. 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 6 6 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 7 7 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 10 10 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 11 11 When can a physician be charged with "assault and battery"? - ANSWER-Un-consented surgery or examination or when exceeding the scope of the consent 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 12 12 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 15 15 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 16 16 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 17 17 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 20 20 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? - 21 21 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 22 22 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 25 25 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 26 26 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 27 27 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 30 30 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-30 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-$75 31 31 License expired 91-364 days—penalty is? - ANSWER-$150 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- 12 32 32 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 35 35 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. 36 36 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, 37 37 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 40 40 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 41 41 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 42 42 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 45 45 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 46 46 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 47 47 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 50 50 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 51 51 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 52 52 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 55 55 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 56 56 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 57 57 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- 60 60 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 61 61 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 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 62 62 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 65 65 Do you need to consent to inform the authorities if you suspect child abuse or neglect? - ANSWER-No In what instance can a child give consent? - ANSWER-If on active duty, when restrictions of minor removed, for communicable disease, if pregnant for counseling, and addiction treatment Does the Consent to Medical Treatment Act apply to "incapacitated" individuals? Does it apply to psychiatry patients? - ANSWER-Yes; yes, but not for patients in FREE-STANDING psychiatric hospitals Who can be a surrogate decision maker? What are the requirements? - ANSWER-Spouse, adult child, majority of children, parents, or a person 66 66 identified by patient before becoming incapacitated Can surrogate decision maker consent to voluntary inpatient psych treatment? ECT treatment? Appoint another surrogate decision maker? - ANSWER-Not psych treatment, not ECT, cannot appoint another decision maker What are 3 examples of "advanced directive"? - ANSWER-Directive to physician, out-of-hospital DNR, medical power of attorney How many witnesses do you need, and what are the witness requirements for advanced directives? - ANSWER-2 witnesses, one cannot be related, beneficiary, attending physician or hospital employee 67 67 Can a directive to a physician be oral or must it be in writing? - ANSWER-Can be verbal and must be documented in chart with names of witnesses Does an advanced directive have to be notarized? - ANSWER-No How many witnesses for an oral directive? - ANSWER-2 How long is a directive good for? - ANSWER-No limit, until revoked 70 70 If you see a DNR device on a patient but have not seen the form, is that enough not to give treatment? - ANSWER-Yes, DNR device is enough Can an incompetent patient revoke their DNR? - ANSWER-Yes Should this form accompany patients on transfers? - ANSWER-Yes What kind of treatment can the power of attorney NOT consent to? - ANSWER-Admission to mental health institution, ECT, psychosurgery, abortion, neglect of minimal treatment (nutrition, hydration, comfort measures) 71 71 Does the power of attorney have an expiration date? - ANSWER-No, unless specified What happens if on the expiration date the patient is incompetent? - ANSWER-It is continued until patient becomes competent again, then expires Who cannot be the power of attorney? - ANSWER-Principal health care provider or residential care provider or employee of those Does the power of attorney have access to the patient's medical records? - ANSWER-Yes When can you withhold treatment to an infant? - ANSWER-If chronically and irreversibly 72 72 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 75 75 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 76 76 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 77 77 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 80 80 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 81 81 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 82 82 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 85 85 Who pays for autopsy in SIDS? - ANSWER-State If at the time of death the physician knows that the patient had a communicable disease, what must be done to the body? - ANSWER-Report to TDSHS and tag body to indicate caution required due to communicable disease The death of a child under years must be reported. - ANSWER-6 years Whom do you report it to? - ANSWER-Medical examiner or justice of the peace 86 86 What must the medical examiner do for the death of a child under 6 years? - ANSWER-Hold inquest How many days must have passed since the person was last seen in order to issue a "certificate of death by catastrophe"? - ANSWER- 10 days At what age and how can a mentally retarded person donate a kidney? - ANSWER-Age 12, by petitioning the district court Can a blood bank pay for blood? How? After how many days? - ANSWER-Yes, by mailed check, 15 days after donation 87 87 What is the duty of a medical professional when treating an adult with family violence? What languages to use? - ANSWER-Duty to treat and provide information (and document that information was provided) in English and Spanish; no need to report Does the physician have to call the police in cases of adult family violence? - ANSWER-No, just inform victim of options What is the difference between a professional and a medical professional? - ANSWER-Medical professional = MD; professional = anybody else, e.g., teacher Reporting of child abuse? By whom? How fast? Can it be delayed? To whom (3 entities)? - 90 90 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 91 91 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 92 92 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 95 95 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 96 96 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 97 97 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