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Texas Medical Board (TMB) Jurisprudence Exam Questions and Answers, Exams of Law

A series of questions and answers related to the texas medical board (tmb) jurisprudence exam, including time frames for reporting various incidents, license renewal requirements, and surrogate decision-making procedures. It also covers crimes committed by violating medical practices, malpractice, and triplicate copies submission.

Typology: Exams

2023/2024

Available from 03/30/2024

derrick-maina
derrick-maina 🇺🇸

284 documents

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Download Texas Medical Board (TMB) Jurisprudence Exam Questions and Answers and more Exams Law in PDF only on Docsity!

TMB Jurisprudence Exam Questions

with Complete Solutions

have to report child abuse/neglect in what time frame - Correct Answer: 48 hours have to issue birth certificate in what time frame - Correct Answer: 5 days issue death certificate in what time frame - Correct Answer: 10 days report communicable disease in what time frame - Correct Answer: 7 days supply medical records in what time frame - Correct Answer: 15 days how many people make up TMB (nad what is their credentialing) - Correct Answer: 19 people: 12 physicians (9 md, 3 do), 7 laypersons how long do TMB board members serve - Correct Answer: 6 YEARS who appoints TMB board members - Correct Answer: governor must renew license every ___ years - Correct Answer: 2 what kind of crime do you commit by practicing medicine without a license - Correct Answer: third degree felony if license is expired > ___ days, you are considered to be practicing without a license - Correct Answer: 30 to keep a license, you must complete ___ hours of CME every 2 years - Correct Answer: 48 hours

can podiatrists (not MD/DO)admit patients to a hospital - Correct Answer: no NPs and PAs can prescribed which scheduled medications - Correct Answer: schedule III and IV you can delegate outpatient prescriptive authority to ___ (how many) midlevel full time equivalents - Correct Answer: 7 if you work in underserved areas, how many midlevels can work under you - Correct Answer: no limit in underserved areas you must visit the work site every ___ days and be available remotely - Correct Answer: 10 if convicted of a felony, your license is ___ - Correct Answer: permanently revoked what kind of crime do you commit by violating medical practice act (MPA) like dangerous prescribing - Correct Answer: class A misdemeanor what kind of crime do you commit if you get caught a SECOND time violating the medical practice act by dangerous prescribing - Correct Answer: third degree felony you must inform TMB of felonies, drug violations, fraud within ___ days - Correct Answer: 30 being named in ___ lawsuits within a ___ year period automatically generates an official review of your license - Correct Answer: 3, 5 define "infractions" and give examples, punishments? - Correct Answer: small tickets everyone gets: jaywalking, speeding, illegal parking. no effect on ability to practice medicine define misdemeanors and give examples, punishments? - Correct Answer: small crimes: shoplifting, DUI without injury. < 1 year jail with small fine. no affect on civil liberties.

define felonies and give examples, punishments? - Correct Answer: serous crimes: assault, murder. jail time > 1 year. lose civil liberties (voting, owning a gun, etc) maximum consequences of class A misdemeanor - Correct Answer: </= 1 year jail. $4000 fine maximum consequences of class B misdemeanor - Correct Answer: </= 180 days jail. $2000 fine maximum consequences of class C misdemeanor - Correct Answer: no jail. $500 fine. maximum consequences of capital felony - Correct Answer: life in prison. no financial fine. maximum consequences of 1st degree felony - Correct Answer: life OR 5-99 years in prison. $10,000 fine maximum consequences of 2nd degree felony - Correct Answer: 2-20 years prison, $10,000 fine maximum consequences of 3rd degree felony - Correct Answer: 2-10 years prison, $10,000 fine maximum consequences of state jail felony - Correct Answer: 180 days - 2 years in state jail (or 2- years if deadly weapon involved or prior felony charge) example of state jail felony - Correct Answer: possession of small amt of coke/meth type of crime committed by selling a child - Correct Answer: third degree felony type of crime committed by sexually abusing a nursing home patient - Correct Answer: second degree felony type of crime committed by failing to report elder abuse - Correct Answer: class A misdemeanor type of crime committed by failing to report child abuse - Correct Answer: class B misdemeanor

type of crime committed by violating medical practice act (dangerous prescribing) - Correct Answer: class A misdemeanor type of crime committed by soliciting patients - Correct Answer: class A misdemeanor type of crime committed by receiving financial kickbacks for referrals - Correct Answer: class A misdemeanor type of crime committed by promoting a suicide (if patient does hurt himself? if patient doesn't hurt himself?) - Correct Answer: state jail felony if patient does harm self. class C misdemeanor if they don't harm self. 4 things that must occur for malpractice claim to be legit - Correct Answer: 1. established relationship as caregiver, 2. duty breached (did bad thing or failed to do good thing), 3. Patient harmed, 4. the breach caused the harm directly 4 ways to still be held responsible for malpractice when providing emergent medical care - Correct Answer: 1. doc received compensation, 2. doc caused the harm, 3. doc was grossly negligent in care provided, 4. doc gave care anywhere in a hospital in which doc is contracted to work. termination of your doc-patient relationship requires ___ days notice - Correct Answer: 30 total amount of money for which a patient can sue under tort reform (total money they can get from docs? total from hospitals)? - Correct Answer: a total of $250,000 from providers; a total of $500, from facilities. can only get $750,000 total from all sources combined. can be sued up to ___ years after an incident occurs - Correct Answer: 2 years after the wrongdoing is discovered for how long after you injure a minor can the minor come back and sue you - Correct Answer: 2 years after turning 18

how much can a facility be fined for an EMTALA violation? - Correct Answer: up to $50K per violation can minors consent on their own to abortion? - Correct Answer: no order of surrogate decision makers for minors - Correct Answer: parents > grandparent > adult sibling > aunt/uncle > educational institution with written authorization > any adult w written auth > court > peace officer who takes custody order of surrogate decision makers for adults - Correct Answer: spouse > adult child > majority of adult children > parents > adult sibling > person clearly designated by patient ahead of time > nearest relative

clergy procedures for which a surrogate cannot consent to treatment - Correct Answer: ECT (except with guardianship), abortion, psychosurgery if a physician has exposure prone illness (hep c, b, HIV) he/she cannot perform surgery unless___ and ___ approve/consent - Correct Answer: expert review panel and patient children must consent for psychiatric admission after ___ years of age - Correct Answer: 16 physician must eval patient within ___ hours of APOWW - Correct Answer: 48 OPC lasts up to ___ days. can file for up to ___ day commitment. - Correct Answer: 30, 90 ___ days after OPC, physician can file for indefinite psychiatric commitment - Correct Answer: 60 what crime is committed by sexually assaulting a resident of a mental institution? - Correct Answer: 2nd degree felony ECT can be given starting at age ___ - Correct Answer: 16

are 3rd trimester pregnancies ever legal? - Correct Answer: yes, if they prevent death or serious impairment to mother, for nonviable fetus, or for fetus with severe abnormality mother gets ___ hours in hospital for vaginal birth and ___ hours for a c-section - Correct Answer: 48, 96 birth reports must be filed within __ days - Correct Answer: 5 all abuse/neglect must be reported within ___ hours - Correct Answer: 48 failure to report suspected abuse/neglect is what kind of crime? - Correct Answer: class B misdemeanor must inform medical examiner/justice of peace of all deaths of children under age ___ - Correct Answer: 6 when patients request records, they must be provided within ___ days - Correct Answer: 15 for how long must an adult's outpatient medical chart be kept - Correct Answer: 7 years for how long must a child's outpatient medical chart be kept? - Correct Answer: 7 years or until age 21, whichever is longer for how long must inpatient records for an adult be kept? - Correct Answer: 10 years for how long must inpatient records for a child be kept? - Correct Answer: 10 years or age 20, whichever is longer what type of crime is committed by not submitting a birth or death certificate within the right amount of time? - Correct Answer: class c misdemeanor how many days do you have to submit a death certificate? - Correct Answer: 10

punishment for physician assisted suicide in texas if patient fails? if patient succeeds? - Correct Answer: class c misdemeanor; state jail felony what crime do you commit by maliciously reporting abuse that you know is not actually taking place - Correct Answer: state jail felony crime committed by sexually assaulting nursing home patient - Correct Answer: 2nd degree felony crime committed by failing to report elder abuse - Correct Answer: class A misdemeanor crime committed by maliciously reporting elder abuse that didn't actually happen - Correct Answer: class B misdemeanor, class A if patient is in a nursing home crime committed by not reporting spousal abuse - Correct Answer: not mandatory to report. must document, provide care, offer resources for aid timeline to report communicable diseases - Correct Answer: TB is 1 day. others are 7 days. DEA numbers must be renewed every ___ years - Correct Answer: 3 DPS numbers must be renewed every ___ years - Correct Answer: 1 STARK law - Correct Answer: prevents self-referral define barratry - Correct Answer: cold calling patients to solicit business Must hold copies of triplicates for __ years - Correct Answer: 2 hospitals must submit bills within ___days of service - Correct Answer: 30

PAs can write schedule ___ drugs but not schedule ___ - Correct Answer: can write iii-v but not I-ii doc has ___ hours to conduct physical exam for involuntary psych commitment and __ hours for voluntary - Correct Answer: 12 for involuntary, 72 for voluntary maximum distance to physician work site - Correct Answer: 75 miles a delegating physician (supervising NPs and PAs) must be on site __ percent of the time and must review ___ percent of the charts for each NP/PA - Correct Answer: 10% and 10% board is required to investigate any doc who undergoes ___ lawsuits within ___ years - Correct Answer: 3 in 5 years there is a $__ fine for renewal of expired license < 90 days - Correct Answer: 75 there is a $___ fine for renewal of expired licents 91-364 days - Correct Answer: 150 $75 fine for license expired __ days - Correct Answer: < $150 fine for license expired __ days - Correct Answer: 91- license canceled after being inactive for how long? - Correct Answer: > 1 year must complete ___ hours of CME per year. how is that time divided up? - Correct Answer: 24. half formal/half informal. 1 hour of medical ethics must tell board of name and address changes within ___ days - Correct Answer: 30

must report to the board if you are convicted of which crimes? how many days do you have to report` - Correct Answer: any felony. misdemeanors from moral issues. 30 days who is responsible for telling TMB about crimes committed by a doc? - Correct Answer: doctor if he does not have insurance. malpractice insurer if doc does have insurance a plaintiff must file of letter of intent to sue a physician ___ days prior to a lawsuit - Correct Answer: 60 all parties involved in a lawsuit are entitled to patient's medical records within ___ days from date of a written request - Correct Answer: 45 defendant (doctor) must file an objection to a lawsuit within ___ days after date he was served with notice papers - Correct Answer: 21 what is a subpoena - Correct Answer: commands a person to appear at a specific time to court to give testimony in connection with a lawsuit what is a deposition - Correct Answer: a pre-trial proceeding were parties meet to answer questions under oath plaintiff must file all issues with medical experts within ___ days of filing a claim/lawsuit - Correct Answer: 120 doc must keep triplicate copies for __ years - Correct Answer: 2 pharmacy must keep triplicate copies for __ years - Correct Answer: 2 pharmacy must send triplicate copy to DPS within ___ days of filling script - Correct Answer: 30

schedule ii drugs may be refilled __ times - Correct Answer: 0 schedule iii-v drugs can be refilled up to ___ times - Correct Answer: 5 (for 6 months total) rural docs can dispense meds and charge for them if there's no pharmacy within ___ miles - Correct Answer: 15 an organized system that provides selected group of approved physicians to its members at a discounted rate - Correct Answer: PPO, preferred provider organization an organized system that provides basic health care for a group of enrolled patients - Correct Answer: HMO, health maintenance organization an organization that provides services at a contracted rate without the paying of premiums - Correct Answer: IPA, independent practice association a group of physicians employed by one provider or director - Correct Answer: captive physician association a contracting group operated by physicians - Correct Answer: physician organization a jointly owned provider organization - Correct Answer: physician hospital organization a tax free method to build savings and money for basic medical coverage - Correct Answer: high deductible health plan/health savings account