Hints from newsletter Flashcards
According to the Texas Occupations Code, what are the rules regarding physician dispensing of drugs in a rural area?
May dispense dangerous drugs when there is no pharmacy and may even be reimbursed for the cost of supply without obtaining a license to practice pharmacy.
When may a physician supply drugs to a patient?
- To meet patient’s immediate needs
- May also give free samples when it adheres to a course of treatment and as long as they are properly labeled, untampered, and free of charge.
- When in a rural area and there is no pharmacy.
How should an amendment or correction to a medical note or dictation be completed?
Mark or identify the mistake by drawing one line through the error, initial and date it, and then clearly identify the correction or amendment.
When may a physician advertise that they board certified?
May only use the term if the specialty board is a member board of the American Board of Medical specialties or the Bureau of Osteopathic Specialists or the American Board of Medical Oral and Maxillofacial Surgery.
What restrictions exist for the advertisement of a medical service?
- you may not materially misrepresent the cost or character of the service
- you may not advertise a service that is not subject to verification (e.g., cure for incurable disease)
- you may not advertise professional superiority over another physician
- ads may not contain testimonials
- ads cannot waive co-payments or deductibles
- At the time any advertisement is placed, a physician must possess information that substantiates the truthfulness of any assertion, omission or representation of material fact set forth in the advertisement.
Can a physician ad contain testimonials?
No.
Can a physician advertisement waive co-payments?
No
Can a physician advertisement waive deductibles?
No
What must a physician possess in order to treat worker’s compensation patients?
Approval by the Texas Department of Insurance
What must a physician possess in order to produce use or transfer radioactive materials?
A special permit or license is required.
What is Texas law regarding third trimester abortions?
Texas law proscribes third trimester abortions of viable unborn children except if the physician concludes in good faith that the abortion is necessary to prevent the death of the mother, or is substantial risk of serious impairment to the physical or mental health of the mother, or if the fetus has a severe and irreversible abnormality as identified through reliable diagnostic procedures.
What sort of business partnerships may a physician and non-physician form?
None. Physicians may not join business entities with mental health professionals such as psychologists, professional counselors or social workers.
What is the difference between and HMO and PPO?
An HMO is composed of doctors and hospitals that join to provide health care for a comprehensive predetermined fixed fee.
A PPO is an organization of physicians who provide care for patients covered by traditional insurance plans at a reduced cost with employees and their insurance companies retaining most of the financial risk.
Transfer of a child for a thing of value is a third degree felony. What conditions are exceptions to this under the Texas Penal Code?
- When the thing of value is a fee paid to a child-placing agency
- a fee paid to an attorney or physician for services rendered in the usual course of legal or medical practice
- a reimbursement of legal or medical expenses incurred by a person for the benefit of the child
- a necessary pregnancy-related expense paid by the child-placing agency
What health care workers are generally prohibited from performing an exposure prone procedure?
Those infected with HIV, or with Hepatitis B and are HBeAg positive
What is the license renewal policy if the physician leaves the state and doesn’t renew his/her license?
A. > 1 year = cancelled license
B. 1 - 2 years = physician must reapply as if getting a new license but it does state the board may reissue a new license to a person whose license was automatically cancelled without examination it if was less than two years
C. > 3 years = physician must apply for new license and take the JP exam again
What are the license requirements for those who practice telemedicine on Texas patients?
- Must have a state license in good standing in the state in which they practice
- Be certified in a medical specialty approved by the American Board of Medical Specialties
- Passed the Texas JP Exam
- Cannot physically practice medicine in the state of Texas
What circumstances allow the board to issue a confidential rehabilitation order?
Self-reported use of drugs or alcohol
Judged to be of unsound mind
Findings of physical or mental impairment
Discovery that provider suffers from a potentially dangerous limitation
What sort of orders and findings from the Board are confidential?
Non-Disciplinary Rehabilitation Orders
What is the single major cause of lost malpractice lawsuits?
Inappropriate and inadequate medical record keeping
How long must a physician keep a medical record?
At least 7 years but if the patient is younger than 18 then the physician must keep the records till age 21 or for 7 years whichever is longer.
How soon must requests for copies of medical records be answered?
15 business days after receipt of the written request.
How long does a physician’s malpractice insurer have to notify the Board regarding any lawsuits or payments on malpractice claims?
30 days (uninsured physicians must report themselves)