TEXAS JURISPRUDENCE EXAM Questions With 100% Correct Answers Latest Updates 2024., Exams of Nursing

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TEXAS JURISPRUDENCE EXAM Questions With 100% Correct Answers Latest Updates 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 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 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 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 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 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 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 What are the 3 ways to revoke an advance directive? - Answer Written, oral, or VOID across the pages When a directive is orally revoked, what should the physician do with it? - Answer Destroy or write note on verbal revocation or write VOID across pages What happens if a physician disagrees with the directive given to him? - Answer Does not have to follow; can request ethics or medical committee with 48-hour notification for all parties What is the transfer registry? - Answer Directory of physicians or hospitals willing to accept patients in transfer who have advanced directives Is "mercy killing" allowed in Texas? - Answer No 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 What is the time of death for ventilated people? - Answer At time of determined brain death For your ventilated person, do you pronounce death before or after you turn off ventilator? - Answer Before Who can pronounce somebody dead? - Answer MD, PA, NP, RN Who must file the death certificate? - Answer Person in charge of interment How many days does the physician have to fill it out once it is given to him/her? - Answer 5 days for MD to fill out medical portion, 10 days to send in death certificate Do fetuses require death certificates? - Answer If 350 grams or more or 20 weeks or older Sudden infant death syndrome (SIDS) applies to children ages or younger - Answer 1 year In SIDS, is an autopsy required? - Answer Yes To whom and how fast must you report SIDS? - Answer To a justice of the peace, medical examiner, or other proper official immediately 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 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 Can you issue a certificate of death by catastrophe for a minor? - Answer Yes, with affidavit What is the difference between an inquest and an autopsy? - Answer Inquest is investigation only into causes of death, autopsy is postmortem body examination Who does the inquest after the death of a child under 6 years old? - Answer Medical examiner or justice of the peace Who has rights to consent to autopsy? In what order? - Answer Spouse, child, court or guardian, parent, next of kin, any person assuming custody If a person higher in hierarchy is not available, can the next person down consent to autopsy? - Answer No If a member of a class (1 out of 4 children) consents to autopsy but the other 3 do not agree, can they still do the autopsy? - Answer Yes, only one needs to consent What kind of crime is it if you assist in suicide and patient does not die? What if patient dies? - Answer Class C misdemeanor, if patient dies felony How many witnesses do you need to donate an organ if there is no will? - Answer 2 witnesses, signed Who has the power to donate the organ of a dead person? - Answer Spouse, child, parent, siblings, guardian, any authorized person How can you revoke an organ gift? Do you have to tell the donee? - Answer Yes; no Can you pronounce the death and transplant an organ in the same patient? - Answer Physician who determines death CANNOT participate in transplantation At what age and how can a mentally retarded person donate a kidney? - Answer Age 12, by petitioning the district court 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 If you are a health care worker that has HIV or hepB or HbeAg, can you perform invasive procedures that are "exposure-prone"? What are the 2 requirements? - Answer No, unless patient has been educated and has sought expert panel What if you do invasive procedures that are not exposure-prone, and you are positive for HIV, HepB or HbeAg? Do you need to inform? - Answer No need to inform Can you force rapists to undergo HIV and HepC tests? - Answer Yes Which neoplasm must be reported to the cancer registry? - Answer All Which traumatic injuries must be reported? To whom? Who is responsible to report? - Answer Spinal cord, traumatic brain, anoxia including near-drowning; to TDH; physician Do you have to report overdosing and gunshot wounds? How fast? Who are the 2 people who can report that? - Answer Yes; immediately; by physician or hospital administrator or official What kind of offense is nonreporting of traumatic injuries, overdoses or gunshot wounds? - Answer Misdemeanor What is a "commitment order"? - Answer Court order for involuntary mental health admission Who is considered an "adult" in order to proceed with voluntary psych admission? - Answer 16 and over OR anybody who has ever been legally married What are the 3 types of involuntary psych admissions? Who can order them? - Answer Emergency or temporary detention, protective custody; they are court ordered Does being on ETOH, senile, mental retardation, epilepsy constitute grounds to deny voluntary psych admission? - Answer No When you are admitted involuntarily, when can a patient be forced to take psychoactive mediations (3 cases)? - Answer (1) a medication-related emergency, (2) under a court order, (3) patient is a ward and guardian consents Do you need a separate court order to give psychoactive medications in addition to the court order for involuntary admission? - Answer Yes, you need 2 separate court orders Do you need a physician order to put patient in restraints? - Answer Yes When should you consider prescribing psychoactive medications? - Answer Medication emergency—threat to self or others ECT may not be used in people less than ___ years of age. Any exceptions? - Answer 16, no Can anyone, including courts, force somebody to have ECT without their written consent? - Answer No, ECT cannot be court ordered How often do you need consent for ECT? - Answer Before each treatment How about people > 65 years of age, who must sign for ECT? - Answer Patient and 2 physicians Can psychiatry hospitals employees' pay be based on # of admissions, length of stay, calls to referring sources? - Answer No Can psychiatry hospitals "guarantee" a cure on advertising? - Answer No Can psychiatry hospitals solicit information about patients' confidential records to solicit them for services? - Answer No Can a physician send a patient directly to psychiatry hospital? Do they have to first get insurance approval? - Answer Yes; no How long is a mental health directive valid for? - Answer 3 years or earlier if revoked Does a mental health directive suffice to allow ECT treatment? - Answer Yes, it is considered a prior consent Does Texas have "duty to warn" for mentally-ill patients? Is this breach of confidentiality - Answer Texas does NOT have duty to warn, it IS a breach of confidentiality Can patient refuse mental health treatment after admission? - Answer If they are voluntarily admitted, yes; if involuntarily, no, with court order Who does EMTALA apply to? - Answer Hospitals participating in Medicare What is considered "campus"? - Answer 250 yards from ER What 4 places constitute "coming" to the ER? - Answer In hospital-owned ambulance or air transport, or patient is in ER or in hospital requesting ER consultation If an ambulance despite being told that the hospital is on diversion comes to the ER, can you send them away? - Answer No, patient HAS TO BE SEEN 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. Until what age is one considered a minor? - Answer 18 years How many witnesses do you need for advanced directive? For verbal directive to physician? For out-of-hospital DNR? - Answer 2; 2; 2 How many witnesses for a mental health directive? - Answer 2 How long until mental health directive expires? How long until medical directives expire? - Answer 3 years; no limit. How many days does a physician have to give records to patient? Hospital? Attorney? - Answer 15 business days; 15 business days; 45 days. How many days does patient have to pay fees for requested records? - Answer 10 days. What are the fees for copied records? Postage or not? - Answer $25 for first 20 pages, then 15¢ per page plus postage. How many years must a physician keep records for adults? For minors? From what age? - Answer 7 years; 7 years or age 21. How many years must hospitals keep records for adults? For minors? From what age? - Answer 10 years; 10 years or 20th birthday. How many days does a hospital have to send itemized bill if requested? - Answer 30 business days. What is the economic cap on noneconomic damages in Texas per defendant/claimant? - Answer $250,000 How long is the statute of limitations for adults? Minors? - Answer 2 years; 2 years from age 18. When must a claimant send a letter, and by how long can he/she extend the statute of limitations? - Answer Within 60 days; extends by 75 days. How many yards from ER is considered campus? - Answer 250 yards. How many years must you keep records of transferred patients? - Answer 5 years. What is the maximum monetary penalty for a hospital violating EMTALA? - Answer $50,000, $25,000 if < 100 beds. How long do physicians have to keep screening test records from the first visit of a pregnant woman? - Answer 9 months. How many days does a physician have to notify the DPS of a third trimester abortion? - Answer 30 days. What is the cut-off gestational age for office-based abortions? - Answer 16 weeks. How long prior to abortion must you give the woman information on abortion (verbal/written)? - Answer 24 hours. How much time prior to abortion must parents of a minor be notified? - Answer 48 hours. How many abortions per year make you an abortion facility that must be licensed? - Answer 50. How often does licensed abortion facility submit records to TSDHS? - Answer Yearly. How many times must you check newborn for genetic disorders? - Answer 2. How long can a mother + newborn stay in the hospital paid by insurance after birth with vaginal delivery/cesarean section? - Answer 48 hrs/96 hrs Until when must an insurance pay for hearing screening? Follow-up hearing screening? - Answer 30 days; 2 years How many days do you have to submit birth certificate? - Answer 5 days. After what age can you take possession of an abandoned baby? - Answer 60 days or less 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. When do you have to report SIDS? - Answer Immediately. 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.