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1) Can a patient successfully sue a doctor if there is no physician-patient relationship? -
Correct answer No
2) If there is no prior physician-patient relationship, are you legally obliged to respond to a
call from a patient for treatment? - Correct answer No
3) Does being on call give rise to a physician-patient relationship? - Correct answer No
4) How can one terminate a physician-patient relationship, without abandonment if there is
ongoing treatment? - Correct answer 30 days written notice; must provide for emergency
5) Does a physician's duty extend to the unborn child or potential victims of an ill patient? -
Correct answer Yes
6) What is "proximate cause"? - Correct 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
7) What are the two components of proximate cause? - Correct answer Cause-in-fact (but-
for test) and foreseeability
8) Does an expert witness have to be actively practicing medicine? - Correct answer Yes
9) Does an expert witness have to know standards of care? - Correct answer Yes
10) Does an expert witness have to have enough training to express an opinion on whether
standard of care was provided? - Correct answer Yes
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11) Does an expert witness have to be board certified? - Correct answer No, board certified
or eqivalent
12) In a medical malpractice case, are expert witnesses required? - Correct answer Yes,
with two exceptions
13) In a medical malpractice setting, what 2 instances do not need expert testimony? -
Correct answer Res ipsa loquitur (e.g., amputation of wrong leg) and negligence per se
(a law was broken)
14) What are "exemplary damages"? - Correct answer Damages above compensatory
designed to punish the defendant and deter the behavior
15) Is there a cap to noneconomic damages? How much? - Correct answer $250,000 for
physicians, $500,000 for hospitals
16) Does the cap on noneconomic damage depend on the number of defendants or
claimants? - Correct answer No
17) What is "proportional responsibility"? - Correct answer Percentage of liability apportioned
according to percentage of fault
18) Can the claimant have part of the proportional responsibility? - Correct answer Yes
19) If the claimant's proportionate responsibility is more than what %, he/she may not
recover damages? - Correct answer If > 50%, no damages awarded
20) How long is the statute of limitations for adults? For minors? - Correct answer 2 years;
for minors 2 years after becoming 18 years of age
Page 2 of 58
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41) How many days do you have to notify the DPS of any change in your information (name,
address, tel., etc.)? - Correct answer 7 days
42) Can you have your DPS suspended and keep your DEA or vice versa? - Correct answer
No, they are interconnected
43) For schedules 2-5 drugs, can you just put the number of pills on prescription? - Correct
answer No, number and number spelled out
44) Do you have to put intended use on prescription? - Correct answer Yes
45) With how many days of a schedule 2-5 drug can a patient be discharged from the
hospital? - Correct answer 7 days; only if the drug was already rx in the hospital
46) What kind of prescription pad do you need for schedule 2 drugs? Can you use stickers?
- Correct answer Official DPS form; no stickers
47) Can a physician prescribe schedule 2 over the phone? - Correct answer Yes, for
emergencies, and only for the duration of emergency
48) How many days does the physician have to mail the schedule's emergency prescription
to the pharmacy? - Correct answer 7 days
49) How many days does the patient have to fill schedule 2 prescriptions? - Correct answer
7 days
50) Can you refill a schedule 2 prescription? How about schedule 3-5? - Correct answer No
for schedule 2. Max 5 refills for schedules 3-5.
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51) Who can call in prescription from a physician's office? - Correct answer Any qualified
DESIGNATED person
52) Can they call in schedule 2? - Correct answer Only physician in emergencies
53) Can a physician prohibit substitutions for generics? - Correct answer Yes
54) From whom and how do you order schedule 2? Schedules 3-5? - Correct answer
Schedule 2 on triplicate order form from distributor; schedules 3-5 regular form from
wholesaler
55) What drugs do you need to keep records on? How are the records kept? How often do
you need to do inventory? Do you need to submit the records? How long do you have to
keep the last inventory list? - Correct answer If dispensed in office, then all dangerous
drugs, schedule drugs and samples; separate records for schedule 1+2; inventory every
2 years; records are not submitted; keep records for 2 years
56) Who can inspect your drugs? - Correct answer TMB, DPS, attorney general for the DEA
57) What is the method of ordering and accounting for drug samples? - Correct answer
Written and signed request by physician; must keep inventory and drug logs
58) Can you repackage samples? - Correct answer No
59) Do you need to keep records on samples? - Correct answer Yes, just like other meds
60) Can a physician buy and rebottle? Any exceptions? - Correct answer No, except for rural
areas (less than 5000 population of town or 2500 of municipality, closest pharmacy > 15
miles)
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61) To give anesthesia, how often do you have to register with the board? - Correct answer
Every 2 years
62) What life support competency do surgeons and anesthesiologists need? - Correct
answer ACLS, PALS, or board-approved course
63) How many and what competency levels of healthcare providers do you need in all
settings? - Correct answer At least 2 physicians with advanced competency
64) How many days do you have to report office-based anesthesia-related complications? -
Correct answer 15 days
65) What is considered an anesthesia-related complication? - Correct answer Admission to
hospital within 24 hours or death within 72 hours
66) What is considered intractable pain? - Correct answer Pain where cause of pain cannot
be removed and where relief or cure has not been found
67) Can a hospital forbid a physician to give dangerous drugs or controlled substances for
treatment of intractable pain? - Correct answer No
68) Can the board take disciplinary action against a physician for giving dangerous or
controlled substances to a patient with intractable pain? - Correct answer No
69) What must the physician document prior to treatment of intractable pain? - Correct
answer Understanding between physician and patient about treatment; dose, type,
frequency of medication; consultation with psychologist, psychiatrist, addictions expert
70) Can you guarantee that a drug will work? - Correct answer No
Page 7 of 58
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87) What is the Texas medical record privacy act? Is it like HIPAA? - Correct answer It is the
state equivalent of HIPAA
88) 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?
- Correct answer Upon request, within 30 business days; hospital must inform patient of
availability of itemized bill
89) Can medical records be obtained with a subpoena? Does this include substance-abuse
records? - Correct answer Yes; no
90) Are substance abuse records admissible during criminal proceedings? - Correct answer
No, unless the crime is EXTREMELY serious
91) Is HIV information confidential? - Correct answer Yes
92) Can you "break" confidentiality in order to tell a spouse that his/her spouse is HIV
positive? - Correct answer Yes
93) Can you break confidentiality to tell a partner about notification program?. - Correct
answer Yes
94) Are blood bank records confidential? - Correct answer Yes
95) 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. - Correct answer They can tell
name of donor, NOT disease
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96) 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? - Correct answer They can tell
name of disease, NOT donor
97) For statistical purposes, can a blood bank give out medical records? Names? - Correct
answer Yes, but not names or other identifying information
98) Is genetic information confidential? - Correct answer Yes
99) Can patients have access to the results of their genetic testing? - Correct answer Yes
100) What kind of crime is the unauthorized release of records? - Correct answer
Misdemeanor
101) Can the Texas Medical Board (TMB) show preference to a specific school of
medicine such as medicine v. osteopathy? - Correct answer No
102) What does the Medical Practice Act (MPA) regulate? - Correct answer The
practice of medicine
103) Who does the MPA apply to? - Correct answer Physicians (MD, DO), PAs, and
acupuncturists
104) Does the MPA apply to the armed forces and federal public health? Can they
moonlight? - Correct answer It does NOT apply to a federal job, they can NOT moonlight
outside the federal setting
105) Does the MPA apply to emergency assistance if there is NO charge of money? If
there is money charged or billed? - Correct answer NO if no charge; YES if money is
charged
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106) Are medical students in "board-approved schools" subject to the MPA? - Correct
answer No
107) Does the MPA prohibit self-care? - Correct answer No
108) Does the MPA apply to physicians in contiguous states? - Correct answer NO
(physicians from nearby states can only order care for patients in hospice or nursing
homes)
109) How many people are on the TMB? Who appoints them? Who must confirm
them? - Correct answer 19 members, appointed by the governor, confirmed by the
senate
110) Can the board subpoena people and records? Who can serve a subpoena? -
Correct answer YES, subpoenas can be served by board investigator or sent by certified
mail
111) How often does the Department of Public Safety (DPS; state police) check on
physicians and report to the board? - Correct answer Quarterly
112) 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? - Correct answer
By phone (direct number and 1-800 number) or by mail; posted sign, on registration
forms or bill; in English and Spanish
113) How often must the TMB disseminate updated information? What info is
included? - Correct answer 2 times per year; info includes disciplinary action, board
activities and functions, changes to the MPA and attorney general opinions
Page 12 of 58
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132) How can you get another license if it is lost/destroyed? - Correct answer Get
affidavit of lost or destroyed document and pay fee to board
133) How many category 1 CMEs yearly? - Correct answer 12
134) How many CMEs per year? - Correct answer 24
135) How many category 1 CMEs yearly must be in ethics? - Correct answer 1
136) How many category 2 CMEs can be from volunteer work? - Correct answer 6
137) How many CMEs can a license carry forward? And for how many registration
periods? - Correct answer 48; only once
138) How many CMEs can be applied retroactively? - Correct answer 24; only once
139) How many CMEs do you need if you become "board certified" within 36 months?
- Correct answer 24
140) If you practice pain management, how many CMEs in pain management are
required? - Correct answer None, but they are recommended
141) Who can initiate a complaint to the board? - Correct answer Anyone
142) What is the "health professions council"? - Correct answer Council of various
professionals that establishes a central telephone complaint system (800-number)
143) 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? - Correct answer
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Yes, within 30 days, except if it would interfere with the investigation; updates are
quarterly
144) When does the TMB release complaint information to the hospital? - Correct
answer Upon written request
145) Who investigates issues of "medical competency"? - Correct answer An expert
physician panel appointed by the board consisting of physicians ONLY
146) 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? - Correct 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
147) 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? - Correct answer Next working day for hospitals; in writing for all within 30
days.
148) Restrictive action by the TMB: How often must the board make public notices
about disciplinary orders? - Correct answer 2 times per year.
149) Restrictive action by the TMB: Must the board report crimes found during
investigations? - Correct answer Yes, to the law enforcement.
150) Restrictive action by the TMB: Within how many days must the board report to
the NPDB? - Correct answer 30 days.
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151) 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? -
Correct answer 30 days.
152) Are TMB reports confidential? - Correct answer Yes
153) Who can the NPDB give info to? How about to patients? How about statistical
data? - Correct answer Hospitals, self-requesting physicians, board, other state or
federal agencies, attorneys; for statistical purposes if no identity disclosed
154) When is it not illegal to perform a third-trimester abortion? - Correct answer To
prevent mother's death, if unborn has severe irreversible brain damage
155) When is it not illegal to perform an abortion on a minor? - Correct answer In
emergency and with court order
156) Is sexual contact between a physician and patient OK if the patient consents? -
Correct answer NO, the disparity of power does not allow consent
157) Why is it unprofessional to initially prescribe drugs over the Internet? - Correct
answer Did not verify identity of patient, no physician coverage or follow-up guaranteed
158) How can you terminate care to a patient? - Correct answer 30 day notice,
certified letter, available for emergencies during that time, give alternative physicians
159) What prescriptions does a physician need to keep records on? Dangerous
drugs? Controlled substances? Samples? - Correct 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
Page 17 of 58
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179) 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? - Correct
answer Misdemeanor class A; felony; jail felony
180) May you perform emergent surgery while drunk? - Correct answer No;
emergency MIGHT be an exception
181) If you have a contract with an impaired physician, can you avoid reporting
him/her? - Correct answer No
182) Can the board regulate advertising? - Correct answer No, except to prohibit false,
misleading, or deceptive practice
183) Are "testimonials" allowable advertising? - Correct answer No
184) Is it permitted to advertise board certification? Board eligibility? - Correct answer
Certification, yes; not eligibility
185) What is a standing medical order? - Correct answer Physician order to institution,
e.g., nursing home
186) What is a standing delegation order? What are the requirements? - Correct
answer Physician order for patient or population; signed, dated, in writing
187) Who can a physician delegate to? - Correct answer Any qualified and properly
trained person
188) Who can the physician delegate to administer dangerous drugs? - Correct
answer Any qualified and trained person
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189) Can a physician delegate to a midwife? - Correct answer Yes (e.g., eye
prophylaxis)
190) Is a physician liable for the actions of a NP or PA? - Correct answer No, unless
vicariously liable due to employment
191) What kind of name identification do PAs need? - Correct answer Name tag
identifying themselves as a physician assistant
192) What requirements exist for prescription for PAs and NPs? - Correct answer No
schedule 2; maximum 90 days, no refills unless consultation with physician
193) Which drug schedules can PAs and NPs prescribe? How many days? Can they
give refills? Can they treat children? What ages? - Correct answer Schedules 3-5, 90
days, refill after consultation with physician; Yes, but children less than 2 years only after
consultation with physician
194) How many PA and NP equivalent FTEs can a physician supervise at maximum?
- Correct answer 3 FTEs
195) Can CRNAs give all anesthetic drugs? Are they restricted to a particular MD? -
Correct answer Yes; no, any MD
196) What authority do pharmacists have? Can they give immunizations? Where does
the supervising physician have to be located geographically? - Correct answer Getting
histories, ordering drug therapy-related tests, procedures, modifying drug therapy; yes;
physician has to be able to be physically present daily
197) What can optometrists prescribe? - Correct answer Eye ointments
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198) Can anybody be a surgical assistant? Do they need a license? - Correct answer
Yes; yes, if they identify themselves as licensed, otherwise, no
199) Can a physician delegate the taking of X-rays to noncertified technicians? -
Correct answer Yes
200) Can they do bone density? Nuclear tests? CT? Skull X-ray? - Correct answer
Bone density, skull, spine, extremities, abdomen, chest; NOT CT, nuclear test, etc
201) Do they need to be licensed or registered by the boards? - Correct answer Yes,
they need registration
202) What is the difference between a partnership and a limited liability partnership? -
Correct answer The limited liability partnership can limit individual liability white partner A
is liable for the acts of partner B
203) Who can incorporate in Texas? Can physicians practice through corporations? -
Correct answer Dentists, PT but NOT MD; MD cannot practice through corporation
204) Are there any corporations that can employ physicians? - Correct answer Yes,
Certified Nonprofit Healthcare Corporation
205) Who can grant a title of Certified Nonprofit Healthcare Corporation? - Correct
answer TMB
206) What are 5 important characteristics of Certified Nonprofit Healthcare
Corporations? - Correct 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
Page 22 of 58
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226) Can a hospital deny you privileges because you don't accept HMOs? Participate
in other hospitals? - Correct answer No
227) Who makes the final decision in a hospital to grant or deny privileges to a
physician? - Correct answer Governing body
228) Does the hospital have to get a report from the NPDB about physicians prior to
granting privileges? - Correct answer Yes, initially and every 2 years; if they don't, they
are liable
229) How many days does the board have to give data to a hospital requesting it? -
Correct answer 15 days
230) How often must a physician update his core credentials? How many days does
he have to provide corrections? - Correct answer Yearly; corrections within 30 days
231) Prior to the "first release" of his information, how many days does a physician
have to review it? - Correct answer 15 business days
232) If a physician's privileges will be suspended, does he/she have the right to due
process? - Correct answer Yes
233) How many days prior to hearing of due process must the hospital give the
physician notification? - Correct answer 30 days
234) Do hospitals have to accept NPs and PAs? - Correct answer No
235) If accepting NPs and PAs, what are the hospital's responsibilities? - Correct
answer Due process, fairness, appeal
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236) Is the peer review file confidential? - Correct answer Yes, EXCEPT for possible
civil rights violation and possible anti-trust violation
237) When must a hospital's medical peer review report actions taken against
physicians to the TMB? to the HCQIA? to the NPDB? - Correct 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
238) How much time does the committee have to report to the TMB? - Correct answer
15 days
239) Is it good enough to get the signature for informed consent? - Correct answer No,
actual informed consent must be achieved
240) Which procedures need "full disclosure" of LIST A and LIST B? - Correct answer
Only List A
241) Which procedures need additional "statutory consent"? - Correct answer
Hysterectomy, radiation therapy, ECT
242) |s it the duty of the hospital or the physician to get consent? - Correct answer
Physician
243) Which particular aspects of an informed consent if neglected can be grounds for
a suit? Do you need to suffer damages to sue? - Correct answer Nondisclosure of risks,
benefits, alternatives; yes
244) Is express consent required in an emergency? - Correct answer No, consent is
implied
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245) If arrested and suspected to be drunk, do the police need consent to check
blood? - Correct answer No, consent is deemed to have been made, but consent can be
expressly denied
246) If anyone died in an accident, is consent needed to check blood? - Correct
answer No
247) Who is a minor in Texas? - Correct answer Anybody less than 18 years of age
who has not been emancipated
248) When can a minor petition the court NOT to be a minor? - Correct answer Age 16
when living independently and supporting self, age 17 when supporting self, managing
conservator or guardian, Texas resident
249) Can an uncle consent for a minor? - Correct answer Yes
250) Can an educational institution consent for a minor? - Correct answer Yes
(boarding school for example)
251) 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?
- Correct answer No; no
252) Who is responsible to review a child's immunization record? - Correct answer
Any physician; failure to do so has no consequence
253) What happens if a physician does not review a child's immunization record? -
Correct answer Nothing
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273) If you see a DNR device on a patient but have not seen the form, is that enough
not to give treatment? - Correct answer Yes, DNR device is enough
274) Can an incompetent patient revoke their DNR? - Correct answer Yes
275) Should this form accompany patients on transfers? - Correct answer Yes
276) What kind of treatment can the power of attorney NOT consent to? - Correct
answer Admission to mental health institution, ECT, psychosurgery, abortion, neglect of
minimal treatment (nutrition, hydration, comfort measures)
277) Does the power of attorney have an expiration date? - Correct answer No, unless
specified
278) What happens if on the expiration date the patient is incompetent? - Correct
answer It is continued until patient becomes competent again, then expires
279) Who cannot be the power of attorney? - Correct answer Principal health care
provider or residential care provider or employee of those
280) Does the power of attorney have access to the patient's medical records? -
Correct answer Yes
281) When can you withhold treatment to an infant? - Correct answer If chronically
and irreversibly comatose or terminally ill and further treatment would be futile
282) Can you withhold nutrition/hydration from a terminally ill infant? - Correct answer
No
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283) Is the mental health directive an advanced directive act? - Correct answer Yes,
but with differences
284) What are the requirements for mental health directive? What are requirements
for witnesses? - Correct 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
285) Does a mental health directive have an expiration date? - Correct answer Yes, 3
years or until revoked
286) What happens if on the expiration date of a mental health directive, the patient is
incapacitated? - Correct answer It continues until competent
287) When can you use restraints? When can you use behavioral measures? -
Correct answer If there is danger of harm to self or others and other measures have
failed; never
288) Does the donor have rights of a parent in artificial insemination? Does the
husband? - Correct answer Donor NO, husband YES
289) What prenatal maternal tests must a physician check? - Correct answer HIV,
hepB, syphilis
290) How many times must a physician check prenatal maternal tests? - Correct
answer Twice; upon first examination and on admission for delivery
291) Are prenatal maternal tests confidential and anonymous? - Correct answer
Confidential; anonymous upon request
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292) Does the physician have to tell the mother that he/she will do prenatal maternal
tests? What if she wants anonymous testing? - Correct answer Yes, must inform but not
specifically consent; if anonymous is wanted must refer patient to anonymous testing
center; patient can refuse
293) If prenatal maternal tests are positive, what must the physician do? - Correct
answer Refer for treatment, provide counseling, and provide information about diseases
294) How long does a physician have to keep prenatal maternal test results? - Correct
answer For 9 months
295) What institutions do not need licensing for birthing centers? - Correct answer
Licensed hospitals, nursing homes, and ambulatory surgery centers
296) What does the federal case Roe v. Wade say about abortion? - Correct answer
Abortions are legal
297) Under what circumstance can you perform a third trimester abortion in Texas? -
Correct answer In emergency to save mother's life or if fetus has severe irreversible
abnormality
298) After third-trimester abortion, how many days does the physician have to notify
the Department of Health? - Correct answer 30 days
299) What is the cut-off gestational age to do an abortion in the office? - Correct
answer 16 weeks
300) What specific health risk must you inform the patient about during consent for
abortion (4 categories)? - Correct answer Infection, hemorrhage, infertility, breast cancer
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320) How many days do you have to submit the birth certificate? - Correct answer 5
days
321) What kind of crime is it if you don't submit a birth certificate? - Correct answer
Misdemeanor
322) What kind of crime is it if you submit false data on a birth certificate? - Correct
answer Felony 3rd degree
323) How old or young must a baby be in order for a care provider to be able to take
possession of an abandoned baby? - Correct answer 60 days
324) Can any money transaction be done during an adoption? - Correct answer Yes;
only to cover expenses
325) When is a person considered dead? - Correct answer Cardiac and respiratory
functions cease to exist
326) When is a ventilated person considered dead? - Correct answer Irreversible
cessation of brain function
327) What is the time of death for ventilated people? - Correct answer At time of
determined brain death
328) For your ventilated person, do you pronounce death before or after you turn off
ventilator? - Correct answer Before
329) Who can pronounce somebody dead? - Correct answer MD, PA, NP, RN
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330) Who must file the death certificate? - Correct answer Person in charge of
interment
331) How many days does the physician have to fill it out once it is given to him/her? -
Correct answer 5 days for MD to fill out medical portion, 10 days to send in death
certificate
332) Do fetuses require death certificates? - Correct answer If 350 grams or more or
20 weeks or older
333) Sudden infant death syndrome (SIDS) applies to children ages or younger -
Correct answer 1 year
334) In SIDS, is an autopsy required? - Correct answer Yes
335) To whom and how fast must you report SIDS? - Correct answer To a justice of
the peace, medical examiner, or other proper official immediately
336) Who pays for autopsy in SIDS? - Correct answer State
337) If at the time of death the physician knows that the patient had a communicable
disease, what must be done to the body? - Correct answer Report to TDSHS and tag
body to indicate caution required due to communicable disease
338) The death of a child under years must be reported. - Correct answer 6
years
339) Whom do you report it to? - Correct answer Medical examiner or justice of the
peace
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340) What must the medical examiner do for the death of a child under 6 years? -
Correct answer Hold inquest
341) How many days must have passed since the person was last seen in order to
issue a "certificate of death by catastrophe"? - Correct answer 10 days
342) Can you issue a certificate of death by catastrophe for a minor? - Correct answer
Yes, with affidavit
343) What is the difference between an inquest and an autopsy? - Correct answer
Inquest is investigation only into causes of death, autopsy is postmortem body
examination
344) Who does the inquest after the death of a child under 6 years old? - Correct
answer Medical examiner or justice of the peace
345) Who has rights to consent to autopsy? In what order? - Correct answer Spouse,
child, court or guardian, parent, next of kin, any person assuming custody
346) If a person higher in hierarchy is not available, can the next person down consent
to autopsy? - Correct answer No
347) 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? - Correct answer Yes, only one needs to
consent
348) What kind of crime is it if you assist in suicide and patient does not die? What if
patient dies? - Correct answer Class C misdemeanor, if patient dies felony
Page 37 of 58
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367) Within what time period must nursing home deaths be reported if the resident just
transferred to hospital within 24 hours and died? - Correct answer 10 working days
368) Who is considered a child, elderly, or disabled person when talking about a
criminal offense for injury of the above? - Correct answer 14 year or younger, 65 or older
or disabled older than 14
369) Who is considered "elderly" when living at home? - Correct answer 65 or older
370) What kind of offense is it if you do not report elderly abuse? - Correct answer
Misdemeanor class A; false information class B
371) Can a volunteer report abuse in a hospital, etc.? - Correct answer Yes
372) Who is considered a mental health worker? Does that include priests? - Correct
answer Social worker, addiction counselor, counselor, marriage therapist, clergy
member, physician, psychologist; yes
373) Give definitions for 4 types of sexual contact - Correct answer Touching, deviate
acts, intercourse, request for or suggestion of
374) What is sexual exploitation? - Correct answer Pattern for purposes of sexual
gratification
375) What is therapeutic deception? - Correct answer Making patient believe it is part
of treatment
376) What of the above questions is cause for action? - Correct answer All-contact,
exploitation, deception
Page 40 of 58
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377) Is an employer liable for the sexual misconduct of a current or previous worker
with a current or discharged or ex-patient? - Correct answer Yes, if employer has
knowledge of past sexual exploitation or fails to inquire over the last five years of
employment
378) What is considered "emotional dependence"? - Correct 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
379) Is it a defense that the sexual misconduct was consented? Off the premises?
Outside treatment sessions? - Correct answer No, no, no
380) Who are the 2 agencies that should receive a report in cases of sexual
misconduct? - Correct answer State licensing board and prosecuting attorney of the
county where the alleged offense occurred
381) When to report sexual misconduct? What offense is failure to report? - Correct
answer Within 30 days; misdemeanor
382) If you are examining a patient with a communicable disease, what is your duty? -
Correct answer Duty to instruct on prevention of reinfection, spread, and necessity to
treat
383) Who has to report communicable diseases? - Correct answer Physician, dentist,
veterinarian, chiropractor
384) What sort of situations must be reported? - Correct answer Documented or
suspected infection, exotic diseases, outbreaks
Page 41 of 58
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385) Can an employee in the office do the reporting? - Correct answer Yes, if
designated by physician
386) If a physician reports a communicable disease, does the hospital also have to
report it? - Correct answer Yes, both
387) If you treat a patient with a communicable disease that dies, what are your 2
responsibilities and within what time frame? - Correct answer Report death immediately
and put toe tag on
388) What kind of crime is nonreporting communicable disease? - Correct answer
Class B misdemeanor
389) 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? - Correct answer Yes,
request TDH
390) Is the police officer, etc., required to be tested himself/herself? - Correct answer
No
391) If an employee is exposed, can the hospital check if the person is harboring an
infective agent? - Correct answer Yes, to HepB, C, HIV
392) What diseases must they test for? - Correct answer Hep B, C, HIV
393) Do they need the patient's consent? - Correct answer No
394) Who must report occupational exposure? Does that include labs? - Correct
answer Physicians, labs, health care workers; labs must report abnormal lead levels
Page 42 of 58
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414) Who is considered an "adult" in order to proceed with voluntary psych
admission? - Correct answer 16 and over OR anybody who has ever been legally
married
415) What are the 3 types of involuntary psych admissions? Who can order them? -
Correct answer Emergency or temporary detention, protective custody; they are court
ordered
416) Does being on ETOH, senile, mental retardation, epilepsy constitute grounds to
deny voluntary psych admission? - Correct answer No
417) When you are admitted involuntarily, when can a patient be forced to take
psychoactive mediations (3 cases)? - Correct answer (1) a medication-related
emergency, (2) under a court order, (3) patient is a ward and guardian consents
418) Do you need a separate court order to give psychoactive medications in addition
to the court order for involuntary admission? - Correct answer Yes, you need 2 separate
court orders
419) Do you need a physician order to put patient in restraints? - Correct answer Yes
420) When should you consider prescribing psychoactive medications? - Correct
answer Medication emergency—threat to self or others
421) ECT may not be used in people less than___ years of age. Any exceptions? -
Correct answer 16, no
422) Can anyone, including courts, force somebody to have ECT without their written
consent? - Correct answer No, ECT cannot be court ordered
Page 45 of 58
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423) How often do you need consent for ECT? - Correct answer Before each
treatment
424) How about people > 65 years of age, who must sign for ECT? - Correct answer
Patient and 2 physicians
425) Can psychiatry hospitals employees’ pay be based on # of admissions, length of
stay, calls to referring sources? - Correct answer No
426) Can psychiatry hospitals "guarantee" a cure on advertising? - Correct answer No
427) Can psychiatry hospitals solicit information about patients' confidential records to
solicit them for services? - Correct answer No
428) Can a physician send a patient directly to psychiatry hospital? Do they have to
first get insurance approval? - Correct answer Yes; no
429) How long is a mental health directive valid for? - Correct answer 3 years or
earlier if revoked
430) Does a mental health directive suffice to allow ECT treatment? - Correct answer
Yes, it is considered a prior consent
431) Does Texas have "duty to warn" for mentally-ill patients? Is this breach of
confidentiality - Correct answer Texas does NOT have duty to warn, it IS a breach of
confidentiality
432) Can patient refuse mental health treatment after admission? - Correct answer If
they are voluntarily admitted, yes; if involuntarily, no, with court order
Page 46 of 58
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433) Who does EMTALA apply to? - Correct answer Hospitals participating in
Medicare
434) What is considered "campus"? - Correct answer 250 yards from ER
435) What 4 places constitute "coming" to the ER? - Correct answer In hospital-owned
ambulance or air transport, or patient is in ER or in hospital requesting ER consultation
436) If an ambulance despite being told that the hospital is on diversion comes to the
ER, can you send them away? - Correct answer No, patient HAS TO BE SEEN
437) Is pregnancy a medical emergency? - Correct answer No, except for
complications and labor
438) Under EMTALA, what MUST a hospital provide? - Correct answer Medical
screening
439) Is it enough to log in or triage the patient? - Correct answer No
440) Can you delay treatment in order to check insurance? Get pre-approval? -
Correct answer No
441) Can you provide different levels of care based on insurance? - Correct answer
No
442) Can a PA or NP provide the EMTALA required screening? - Correct answer Yes
443) Does admitting the patient for treatment satisfy EMTALA requirements? - Correct
answer No
Page 47 of 58
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465) How many days prior to expiration of your license does the board notify you? -
Correct answer 30
466) How many days after expiration are you considered practicing without a license?
- Correct answer 30
467) How many days after expiration is license canceled? - Correct answer 365
468) How many category 1 CMEs per year? - Correct answer 12
469) How many ethics CME credits? - Correct answer 1 yearly
470) How many CME credits can be from volunteering? - Correct answer 6
471) How many CMEs can you carry forward? - Correct answer 48
472) How often must the board give update to all participants in a complaint? - Correct
answer Every 3 months (quarterly)
473) How much time do insurances have to report malpractice to the board? - Correct
answer 30 days
474) If disciplinary action is taken by the board, how much time to report to the
hospital verbally? In writing? To the NPDB? - Correct answer Verbally immediately to
hospitals on first working day; in writing to all hospitals and agencies within 30 days.
475) How much time to report court reports to the board? - Correct answer 30 days
476) How many malpractice claims in what time frame to trigger board investigation? -
Correct answer 3 within 5 years
Page 50 of 58
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477) How many people from the board to emergency suspend license? - Correct
answer 3
478) How many days does a physician have to file appeal to a board decision? Which
county? - Correct answer 30 days; Travis county
479) How soon and how often can you file for reinstatement of a license? - Correct
answer After one year; once a year.
480) Maximum administrative penalty by board? By attorney general? - Correct
answer $5000 per violation; $1000 per violation.
481) How much time to pay an administrative penalty by the board? - Correct answer
30 days.
482) How many days can NPs and PAs prescribe? How many refills? For patients
how old? - Correct answer 30 days, no refills; older than 2 years.
483) How many PA equivalents can an MD supervise? - Correct answer 3 full-time
employees
484) What percentage of random charts of the PA must the physician review? -
Correct answer 10%
485) How far can secondary practice sites be located from primary? - Correct answer
60 miles
486) How many days does board have to give information to requesting hospitals? -
Correct answer 15 days
Page 51 of 58
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487) How many days do you have to correct changes in your TMB profile? - Correct
answer 30 days
488) How many days do you get to review your data the FIRST time the board
releases it? - Correct answer 15 business days.
489) How often does a physician have to resubmit his core data if there were no
changes? - Correct answer Once a year.
490) How many days before hospital hearing must a physician be notified? - Correct
answer 30 days.
491) A suspension in the hospital must be reported if it lasts for how long? Within what
time must it be reported? - Correct answer More than 30 days; 15 days.
492) Until what age is one considered a minor? - Correct answer 18 years
493) How many witnesses do you need for advanced directive? For verbal directive to
physician? For out-of-hospital DNR? - Correct answer 2; 2; 2
494) How many witnesses for a mental health directive? - Correct answer 2
495) How long until mental health directive expires? How long until medical directives
expire? - Correct answer 3 years; no limit.
496) How many days does a physician have to give records to patient? Hospital?
Attorney? - Correct answer 15 business days; 15 business days; 45 days.
Page 52 of 58
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517) Until when must an insurance pay for hearing screening? Follow-up hearing
screening? - Correct answer 30 days; 2 years
518) How many days do you have to submit birth certificate? - Correct answer 5 days.
519) After what age can you take possession of an abandoned baby? - Correct
answer 60 days or less
520) How many days does the funeral director have to file death certificate? - Correct
answer 10 days
521) How many days does the physician have to fill out death certificate? - Correct
answer 5 days.
522) Over what weight must a death certificate be filled out for a fetus? - Correct
answer 350 grams.
523) If weight is not known, over what gestational age? - Correct answer 20 weeks.
524) SIDS is for children of less than what age? - Correct answer 12 months.
525) When do you have to report SIDS? - Correct answer Immediately.
526) Death of a child of what age or younger must be reported to the medical
examiner? Within what time frame? - Correct answer 6 years; immediately
527) How many days after catastrophe to get "certificate of death by
catastrophe"?Xlibris. Kindle Edition. - Correct answer 10 days.
Page 55 of 58
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528) If a patient dies within how many hours of admission must an inquest be
ordered? - Correct answer 24 hours.
529) A mentally retarded person of what age can donate a kidney if the guardian
petitions the court? - Correct answer 12 years.
530) After how many days can a blood bank pay for blood donation? - Correct answer
15 days.
531) A person older than what age can voluntarily commit self to psychiatry? - Correct
answer 16 years
532) How often do private psychiatry hospitals file reports? - Correct answer Yearly.
533) What age do you have to be to get ECT? - Correct answer 16
534) How often do you renew DEA license? DPS license? - Correct answer Every 3
years; yearly.
535) How many days to you have to inform the DPS of change in information? -
Correct answer 7.
536) How many days of pills can a patient get of schedule 2-5 when discharged from
the hospital? - Correct answer 7.
537) How many days to send written prescription to pharmacy of schedule 2 drug? -
Correct answer 7.
Page 56 of 58
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538) How long is a schedule 2 script valid? How many refills? Schedule 3-5 valid?
Refills? Dangerous drugs valid? Refills? - Correct answer 7 days; no refills; 6 months; 5
refills; unlimited; unlimited.
539) How often do you need to do inventory on your drugs? - Correct answer Every 2
years.
540) How often do you have to register with the board and pay a fee to administer
anesthesia? - Correct answer Every 2 years.
541) How many days do you have to report an office-based anesthesia complication?
- Correct answer 15 days.
542) How much time do you have to report a death from communicable disease? -
Correct answer Immediately.
543) How much time to report a gunshot wound? - Correct answer Immediately.
544) What is the monetary penalty for violation of anti-kickback laws for physicians?
Hospitals? - Correct answer $25,000-$250,000 / $50,000-$500,000.
545) How much time does a physician have to report child abuse? - Correct answer
Immediately; 48 hours in writing.
546) How much time does a professional (not medical professional) have to report
child abuse? - Correct answer 48 hours.
547) How much time do professionals/physicians have to report death of a child
secondary to abuse? - Correct answer 48 hours.
Page 57 of 58