Texas Jurisprudence Exam Study set with over 500 questions and verified answers latest u, Exams of Nursing

Download Texas Jurisprudence Exam Study set with over 500 questions and verified answers latest u and more Exams Nursing in PDF only on Docsity! Texas Jurisprudence Exam Study set with over 500 questions and verified answers latest update 2024 already graded A 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 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 equivalent 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 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 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 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 Who must sign an "out-of-hospital DNR"? Can it be verbal? Are witnesses needed? - ANSWER>>Attending physician, patient, and two witnesses; yes/no; yes/no What is the effect of an "out-of-hospital DNR"? - ANSWER>>Legally binding; patient's wishes written as a physician order If a patient's family disagrees with a patient's decision, what can they do? - ANSWER>>Must apply for temporary guardianship under Texas probate code 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) 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 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 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 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 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)? - ANSWER>>Report immediately but MUST be within 48 hours, cannot be delegated; to Texas Department of Protective and Regulatory Services, any law enforcement, Texas Youth Commission Will the TDPRS act on anonymous calls regarding child abuse? Does it satisfy a professional duty to report? - ANSWER>>Yes, they will be acted upon but DO NOT satisfy duty to report How much time do professionals and medical professionals have to report the death of a child secondary to suspected abuse? - ANSWER>>48 hours What kind of crime is lying in a report on child abuse? Not submitting a report? - ANSWER>>State jail felony, misdemeanor class B Who must report nursing home abuse? - ANSWER>>Any person Is the report of nursing home abuse verbal or written? - ANSWER>>Immediately verbally, written within 5 days What kind of offense is it NOT to report nursing home abuse? - ANSWER>>Misdemeanor class A Can the institution retaliate against a whistle-blower in cases of nursing home abuse? - ANSWER>>No When and within what time limit must nursing homes report resident deaths? - ANSWER>>Within 10 working days Within what time period must nursing home deaths be reported if the resident just transferred to hospital within 24 hours and died? - ANSWER>>10 working days Who is considered a child, elderly, or disabled person when talking about a criminal offense for injury of the above? - ANSWER>>14 year or younger, 65 or older or disabled older than 14 Who is considered "elderly" when living at home? - ANSWER>>65 or older What kind of offense is it if you do not report elderly abuse? - ANSWER>>Misdemeanor class A; false information class B Can a volunteer report abuse in a hospital, etc.? - ANSWER>>Yes Who is considered a mental health worker? Does that include priests? - ANSWER>>Social worker, addiction counselor, counselor, marriage therapist, clergy member, physician, psychologist; yes Give definitions for 4 types of sexual contact - ANSWER>>Touching, deviate acts, intercourse, request for or suggestion of What is sexual exploitation? - ANSWER>>Pattern for purposes of sexual gratification What is therapeutic deception? - ANSWER>>Making patient believe it is part of treatment What of the above questions is cause for action? - ANSWER>>All-contact, exploitation, deception Is an employer liable for the sexual misconduct of a current or previous worker with a current or discharged or ex-patient? - ANSWER>>Yes, if employer has knowledge of past sexual exploitation or fails to inquire over the last five years of employment What is considered "emotional dependence"? - ANSWER>>Lack of emotional dependence of the patient on the therapist is a defense that can be raised in an action brought by a former patient Is it a defense that the sexual misconduct was consented? Off the premises? Outside treatment sessions? - ANSWER>>No, no, no Who are the 2 agencies that should receive a report in cases of sexual misconduct? - ANSWER>>State licensing board and prosecuting attorney of the county where the alleged offense occurred When to report sexual misconduct? What offense is failure to report? - ANSWER>>Within 30 days; misdemeanor If you are examining a patient with a communicable disease, what is your duty? - ANSWER>>Duty to instruct on prevention of reinfection, spread, and necessity to treat Who has to report communicable diseases? - ANSWER>>Physician, dentist, veterinarian, chiropractor 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 Is pregnancy a medical emergency? - ANSWER>>No, except for complications and labor Under EMTALA, what MUST a hospital provide? - ANSWER>>Medical screening Is it enough to log in or triage the patient? - ANSWER>>No Can you delay treatment in order to check insurance? Get pre-approval? - ANSWER>>No Can you provide different levels of care based on insurance? - ANSWER>>No Can a PA or NP provide the EMTALA required screening? - ANSWER>>Yes Does admitting the patient for treatment satisfy EMTALA requirements? - ANSWER>>No If patient refuses treatment, does that satisfy EMTALA? What is the appropriate protocol? - ANSWER>>Yes; has to be informed of potential dangers If a physician is not available to determine if transfer is necessary, who else can do it? What is required? - ANSWER>>PA, NP, RN, other qualified person after consultation with MD Do you have to send medical records when transferring from an ER? - ANSWER>>Yes Can you transfer because on-call physician did not show up? What must you do? - ANSWER>>Yes; record name and address of physician who did not show up Can a specialized hospital (e.g., burn unit) refuse a transfer because "they are full"? - ANSWER>>No, if they have EVER accepted patients before and made room for them How many years must you keep records of patient transfers? - ANSWER>>5 years Do hospitals need to keep on-call lists? - ANSWER>>Yes Can you do elective surgery when you are on call? - ANSWER>>Yes Can on-call physician refuse to show up? - ANSWER>>No, only in circumstances beyond his control What are the 3 penalties for hospitals and physicians for violation of EMTALA? What is the maximum damage? - ANSWER>>Civil money penalties, termination of provider agreement, civil action. Up to $50,000 per violation ($25,000 for < 100 beds) Can a patient initiate his/her own transfer? - ANSWER>>Yes How many people on the Texas Medical board? - ANSWER>>19 How many MDs on the TMB? - ANSWER>>12 How many layperson on the TMB? - ANSWER>>7 How often does the police run a check on physicians? - ANSWER>>Monthly How often does the TMB put out reports on physicians? - ANSWER>>Every 6 months How many years of postgraduate training to apply for full license? - ANSWER>>1 If a resident does not show up to begin his training, how many days does the program director have to report that to the board? - ANSWER>>30 Institutional permit: how many months for initial license? How many renewals? How many months for each renewal? - ANSWER>>14 months; 7; 12 months Physician-in-training permit: how many months for initial license? How many renewals? How many months for each renewal? - ANSWER>>18 months; 6; 18 months How often do you register your license with the TMB? - ANSWER>>Every 2 years How many days prior to expiration of your license does the board notify you? - ANSWER>>30 How many days after expiration are you considered practicing without a license? - ANSWER>>30 How many days after expiration is license canceled? - ANSWER>>365 How many category 1 CMEs per year? - ANSWER>>12 How many ethics CME credits? - ANSWER>>1 yearly How many CME credits can be from volunteering? - ANSWER>>6 How many CMEs can you carry forward? - ANSWER>>48 How often must the board give update to all participants in a complaint? - ANSWER>>Every 3 months (quarterly) How much time do insurances have to report malpractice to the board? - ANSWER>>30 days If disciplinary action is taken by the board, how much time to report to the hospital verbally? In writing? To the NPDB? - ANSWER>>Verbally immediately to hospitals on first working day; in writing to all hospitals and agencies within 30 days. How much time to report court reports to the board? - ANSWER>>30 days How many malpractice claims in what time frame to trigger board investigation? - ANSWER>>3 within 5 years How many people from the board to emergency suspend license? - ANSWER>>3 How many days does a physician have to file appeal to a board decision? Which county? - ANSWER>>30 days; Travis county How soon and how often can you file for reinstatement of a license? - ANSWER>>After one year; once a year. Maximum administrative penalty by board? By attorney general? - ANSWER>>$5000 per violation; $1000 per violation. How much time to pay an administrative penalty by the board? - ANSWER>>30 days. 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. What age do you have to be to get ECT? - ANSWER>>16 How often do you renew DEA license? DPS license? - ANSWER>>Every 3 years; yearly. How many days to you have to inform the DPS of change in information? - ANSWER>>7. How many days of pills can a patient get of schedule 2-5 when discharged from the hospital? - ANSWER>>7. How many days to send written prescription to pharmacy of schedule 2 drug? - ANSWER>>7. How long is a schedule 2 script valid? How many refills? Schedule 3-5 valid? Refills? Dangerous drugs valid? Refills? - ANSWER>>7 days; no refills; 6 months; 5 refills; unlimited; unlimited. How often do you need to do inventory on your drugs? - ANSWER>>Every 2 years. How often do you have to register with the board and pay a fee to administer anesthesia? - ANSWER>>Every 2 years. How many days do you have to report an office-based anesthesia complication? - ANSWER>>15 days. How much time do you have to report a death from communicable disease? - ANSWER>>Immediately. How much time to report a gunshot wound? - ANSWER>>Immediately. What is the monetary penalty for violation of anti-kickback laws for physicians? Hospitals? - ANSWER>>$25,000-$250,000 / $50,000-$500,000. How much time does a physician have to report child abuse? - ANSWER>>Immediately; 48 hours in writing. How much time does a professional (not medical professional) have to report child abuse? - ANSWER>>48 hours. How much time do professionals/physicians have to report death of a child secondary to abuse? - ANSWER>>48 hours. How much time do you have to report nursing home abuse verbally? In writing? - ANSWER>>Immediately; 5 days. If a nursing home resident dies after transfer to a hospital, within what time frame must be reported? - ANSWER>>24 hours. How much time does the nursing home have to report elderly death? - ANSWER>>10 days after the end of the month of death. What are the age limits to consider abuse a criminal offense? - ANSWER>>14 or younger, 65 or older; older than 14 and disabled.