Download Texas Jurisprudence Questions And Correct Answers Verified Latest 2024-2025 Guaranteed Pa and more Exams Nursing in PDF only on Docsity! P ag e1 Texas Jurisprudence Questions And Correct Answers Verified Latest 2024-2025 Guaranteed Pass Grade A + Updated!! Time to report to TMB in general - ANSWER..30 days Time to report child abuse to TMB - ANSWER..48hrs Time to issue birth certificate - ANSWER..5 days Time to issue death certificate - ANSWER..10 days Time to report communicable diseases - ANSWER..7 days Time to supply requested medical records - ANSWER..15 days TMB is ___ people appointed for ____ terms by ___ - ANSWER..19 people (12 docs, 7 non-doc); 6 year terms; governor. Docs must have been in practice 5 years MPA covers which providers - ANSWER..Doctors only; TMB only licenses docs too For a texas license ___ hrs college, ___ degree, passed USMLE within ____ years, completed ___ post-grad years - P ag e2 ANSWER..60; MD/DO, 7 years, intern year (PGY1). Also must be at least 21 years old. License renewal is due every _____ - ANSWER..2 years Late license renewal fines are ___ for <30 days, ___ for <90 days, ___ for < 365 days. After 1 year you must ____, and if it has been > ___ years you must start over! - ANSWER..$0; $75; $145. Pay complete reprocessing fee. 3 years Pracice on a license expired for >___ days is a ____ ____ ___ - ANSWER..30 days; third degree felony ____ hrs of CMA are required every 2 years; ___% formal and must include ___ medical ethics hours - ANSWER..48; 50%, 2 hours. May carry forward up to 48 hrs for 2 years. ___ days to report name/address changes to TMB - ANSWER..30 Medical malpractice insurance is/isn't required - ANSWER..is NOT. If you have it and are sued insurance reports, otherwise you have 30 days to report Credentialing by hospitals is determined by _____ - ANSWER..Competancy P ag e5 _____ ____: guilty plea/verdict that is only on record temporarily - ANSWER..Deferred adjudication. You still have to report to TMB but can petition to have documentation removed from website onced adjudication complete Rehab for self-reported drug/EtOH issues is ______ - ANSWER..confidential. Unless it endangerd/hurt someone Crimes that need reporting to TMB in 30 days - ANSWER..Felony convictions, drug violations, insurance fraud, misdemeanors involving moral turpitude Automatic review of license if ___ lawsuits in 5 years - ANSWER..3 or more You must report colleagues who pose a _______ - ANSWER..continuing threat to public welfare (if in good faith, you are immune from civil liability for reporting) TMB notifys hospitals in ___ days if your license is restricted or suspended - ANSWER..1 day Your license may be suspended withOUT notice or hearing if ____ - ANSWER..concern for immediate danger to public welfare. Formal hearing must follow. You have 30 days to appeal tickets, jay-walking, speeding are ________ - ANSWER..infractions P ag e6 _____: less than 1 year jail-time, no effect on civil liberties. - ANSWER..misdemeanors. A is worst (up to 1 year prison at $4000), then B (up to 180 days and $2000), then C (no time, $500) Severity of felonies - ANSWER..Capital (life in prison) > 1st degree (5-99 years; $10 000) > 2nd degree (2-20 years) > 3rd degree (2-10 years) > state jail felony (180 days- 2 years;10 if deadly weapon or prior felony. Served in state jail instead of prison). Medical practice without a license: _________ felony - ANSWER..third degree felony Selling a child: ____ felony - ANSWER..third degree felony Sexual abuse of a nursing home patient: ____ felony - ANSWER..second degree felony Failure to report elder abuse: _____ misdemeanor - ANSWER..Class A misdemeanor Failure to report child abuse: ____ misdemeanor - ANSWER..Class B misdemeanor Violating the MPA (i.e. dangerous rx'ing): ____ misdemeanor - ANSWER..Class A misdemeanor P ag e7 Soliciting/recieving kickbacks: ____ misdemeanor - ANSWER..Class A misdemeanor Promoting a suicide: ____ offence - ANSWER..State jail felony if patient morbidity/mortality, class C misdemeanor if no harm to patient 4 components for malpractice claim - ANSWER..1. Duty existed, 2. Duty breached, 3. Pt harmed, 4. Breach caused harm (foreseeable and causal=proximate cause; cause in fact) Exceptions to good Samaritan law - ANSWER..compensation received, gross negligence, cause of emergency, within scope of practice (i.e. at the hospital) You must provide at least ____ of written notice to terminate doc-pt relationship, otherwise it is termed ________. - ANSWER..30 days; abandonment. Must provide written notification, set termination date, help finding new doc, offer to transfer records. It is NOT acceptable to terminate doc-pt relationship if _____ or ______ - ANSWER..only doc available, in the typical follow-up period All malpractice claims require expert witness except in these two cases - ANSWER..amputation of wrong leg, criminal laws broken P ag e1 0 Docs infected with HIV, HepB, Hep C can only perform exposure prone (i.e. surgery) procedures if approved by ____ and ______ - ANSWER..expert review panel and patient consents. No restriction/obligation for non-exposure procedures if use universal precautions Exceptions to consent for HIV testing - ANSWER..needle stick, suspected rapist, surgery, patient needle stick risk with high risk behavior All needle sticks impose required testing for _______ - ANSWER..HIV, Hep B, Hep C (no consent required) Guardians can "volunteer" their wards for psych admit until age ____ - ANSWER..16. 16-18 years need both child and guardian to agree Involuntary psych admit requirements - ANSWER..OPC (order of protective custody, requested by doc) or APOWW (Apprehension by a Peace Officer Without Warrant, per police, doc must examine w/in 48 hrs)) Order of protective Custody (OPC) duration: ____. Patient can request probably cause hearing within ____ hrs. - ANSWER..30 days. Afterward may file for 90 day temporary commitment. After 60 days may file for indefinite commitment P ag e1 1 ECT may not be used in patients < ____ years. Consent must be obtained _____. - ANSWER..16 years. Consent of patient before every session. ONLY acception is court appointed guardian. In Texas there is no duty to warn third parties of potential harm because is not a "______ _____" - ANSWER..Tarsoff State. Breach of confidentiality to tell directly although may inform police Application for court ordered substance abuse treatment can be filed by _____. Prior to hearing, patient must be evaluated by ______. - ANSWER..Any adult. Two docs STDs that must be tested for at first PNC visit and at delivery - ANSWER..HIV, syphilis, Hep B Parents may opt out of NBS iff - ANSWER..religious objection and paperwork complete Parents of minors <17 years seeking abortion must be notified >____ prior and must consent. Exceptions include ______ and ______. Patients must wait at least ___ hrs after receiving state info. - ANSWER..48 hours. Judge says you don't have to; they only have until 5pm the following day to say no. Imminent emergency. Fathers names appear on birth certificate iff - ANSWER..married to mother, father agrees to fatherhood, paternity established by court order P ag e1 2 Pregnancy that occurs after ineffective sterilization is called ___ _____. Child born with birth defects in the event that genetic counseling that could have prompted termination is called ____ _____. - ANSWER..Wrongful pregnancy; wrongful birth. All deaths under ____ years must be reported - ANSWER..6 years Patient privacy is waived in cases of ______ - ANSWER..criminal proceedings (with exception of mental health) HIV positive results may be shared with: - ANSWER..spouse, partner notification program, potentially exposed personnel, local/state heath depts Medical records can only be withheld in cases of ___ ____ - ANSWER..therapeutic privilege (doc feels that info is harmful to pt_ Outpatient medical records must be kept for _____years for adults; ___ for minors - ANSWER..7; 7 or up until age 21 years (whichever is longer). Inpatient medical records must be kept for _____years for adults; ___ for minors - ANSWER..10; 10 or up to age 20 years (whichever is longer). P ag e1 5 Methadone and buprenorphine require ______ for rx - ANSWER..special permit Docs may not function as pharmacies unless - ANSWER..rural setting (pop <5K, nearest pharmacy >15 miles) Sole proprietors, parterships and professional associations that employ docs have this requirement - ANSWER..all owners must be docs (Corporate Practice of Med Act that prohibits non-doc owned businesses from profiting). Non-profits an be owned by majority docs and non- docs Laws against self referral are known as ___ laws - ANSWER..Starke (1 for labs, 2 for everyone else). Refers to having a financial interest in referral You can't call patients to ask if they want your services. This is called _______ - ANSWER..Barratry No telemedicine/special licence required if consulting doc is in the same _____ - ANSWER..State TMB must provide written renewal notification ____ days before licence expiry - ANSWER..30 days Convictions may be reported at time of renewal to TMB unless they are felony convictions, or ________. These must be P ag e1 6 reported within _____. - ANSWER..Class A, B, C misdemeanors with moral turpitude; 30 days No reinvoked licence re-instatement before ___ year(s) - ANSWER..1 year The deceptive trade practices-consumer protection act enables patient to recover ____ and ___ resulting from deception. - ANSWER..attorney fees and court costs. Damages from failure to provide a guaranteed service constitutes a _____ of ____ - ANSWER..Breach of warranty (under the Texas Deceptive Trade Practices Act Plantiff must file intent to sue letters at least ___ days prior to suit - ANSWER..60 Civil cases require this level of evidence - ANSWER..preponderance of evidence (vs. beyond reasonable doubt in criminal cases_ Plaintifs have ____ days to identify expert witnesses and file their reports - ANSWER..120 days. Standard of care in lawsuit claims established by expert in same _____ and same ______ - ANSWER..specialty and locality P ag e1 7 Past/future physical pain, disability, medical expenses and loss of earnings = _____ damages - ANSWER..actual or compensatory