Texas Jurisprudence Exam - Concise Review Book Flashcards
1
Q
How long do you have to report child abuse/neglect?
A
48 hours
2
Q
How long do you have to issue a birth certificate?
A
5 days
3
Q
How long do you have to issue a death certificate?
A
10 days
4
Q
How long do you have to report (most) communicable diseases?
A
7 days
5
Q
How long do you have to report TB or pertussis?
A
1 day
6
Q
How long do you have to supply medical records?
A
15 days
7
Q
How many people are on the Texas Medical Board?
A
19 people (12 physicians = 9 MD, 3 DO, 7 lay-persons)
8
Q
Who appoints people to the Texas Medical Board?
A
The governor
9
Q
How long is the term of someone on the Texas Medical Board?
A
6 years
10
Q
How often must you renew your TML?
A
every 2 years
11
Q
Fine if 30-90 days late on renewing your TML?
A
$75
12
Q
Fine if 90 days to 1 year late on renewing your TML?
A
$145
13
Q
If you are >1 year late on renewing your TML, what must you do?
A
reapply for whole license again (and pay)
14
Q
If you are >2 years late on renewing your TML, what additional step must be taken?
A
retake the JP exam
15
Q
If you are practicing with an expired license (>30 days), what lawful implication?
A
= practicing medicine without a license = third degree felony
16
Q
How much CME is required in each 24-month registration period?
A
48 hours (2 hours of medical ethics/professional responsibility)
17
Q
How long do you have to tell TMB of name or practice address change?
A
30 days
18
Q
Does Texas require malpractice insurance?
A
no
19
Q
How long do you have to tell TMB you’ve been named in a malpractice suit?
A
30 days (your insurance does it for you if you’re insured)
20
Q
Do you need a “full” TML to practice telemedicine?
A
no (special TX telemedical license)
21
Q
If you’re producing, using or transporting radioactive materials (nuclear medicine, rad onc, IR onc), can you use a standard TML?
A
no; need an additional license for this
22
Q
Doctors need to be on what list to evaluate worker’s comp visits?
A
Texas Department of Insurance (TDI) list
23
Q
Physician-in-Training license for residents is specific to what?
A
Each institution (prelim year/residency year = two different PIT if at different institutions)
24
Q
Can podiatrists admit patients to hospitals?
A
no; must be admitted under MD/DO
25
Vicarious liability means midlevel provider medical acts are the responsibility of who?
the supervising physician
26
Doctors can delegate outpatient prescriptive authority to how many full-time midlevels?
7
27
Doctors can delegate inpatient prescriptive authority (or if they work in a medically undeserved area) to how many full-time midlevels?
no limit
28
If a doctor supervises a midlevel practicing in a rural area, the doctor must visit every how often?
every 10 days (10% of the time)
29
Midlevels can prescribe what schedule medications?
schedule III & IV; only schedule II inpatient (anticipated LOS >24H), hospital-based ER or to hospice patients
30
What happens to your TML if you are indicted (accused) for a felony?
TML suspended
31
What happens to your TML if you are convicted of a felony?
TML revoked
32
Legal implication of violating the Medical Practice Act?
class A misdemeanor (2nd time = third degree felony)
33
Do you still have to report "deferred adjudication" crimes to TMB?
yes (then can be removed from TMB website if successfully adjudicated)
34
TMB will remove formal complaints/malpractice investigations from your website profile after what time passes?
5 years (if they didn't amount to anything)
35
Is rehab for self-reported drug/alcohol or physical/mental illness public knowledge?
no (as long as you didn't harm anyone)
36
Regular misdemeanors (that don't involve moral turpitude) must be reported to TMB when?
during the regular 2-year renewal process
37
Being named in how many lawsuits in 5 years automatically generates an official review of your license?
3
38
Your rights may be temporarily suspended if you are a danger, but you will have a formal hearing in how many days?
10
39
Things like: jay-walking, speeding, illegal parking, etc are called what?
infractions
40
Things like: shoplifting, marijuana possession, DUI without injury, etc are called what?
misdemeanors
41
Which is worse, misdemeanor A or misdemeanor C?
A
42
Things like: aggravated assault, murder, etc are called what?
felonies
43
Which is worse, 1st degree or 3rd degree felony?
1st degree
44
A felony involves jail time for how long?
>1 year
45
Which is worse, capital felony or 1st degree?
capital
46
What is a state jail felony?
basically a 4th degree (minor) felony
47
Practicing medicine without a license is what type of crime?
third degree felony
48
Selling a child is what type of crime?
third degree felony
49
Sexual abuse of a nursing home/mental institution patient is what type of crime?
second degree felony
50
Failure to report elder abuse is what type of crime?
class A misdemeanor
51
Failure to report child abuse is what type of crime?
class B misdemeanor
52
Violating the Medical Practice Act (ie dangerous prescribing) is what type of crime?
class A misdemeanor
53
Soliciting patients is what type of crime?
class A misdemeanor
54
Receiving kickbacks for referrals is what type of crime?
class A misdemeanor
55
Promoting a suicide is what type of crime?
state jail felony (if patient hurts/kills themselves) or a class C misdemeanor (if nothing happens)
56
Are malpractice suits civil or criminal?
civil
57
Unilaterally terminating the doctor-patient relationship without 30 days written notice is called what?
abandonment
58
Expert witness is required in a medical malpractice case unless what?
amputation of wrong leg OR if criminal law was broken
59
Tort reform (2003) caps what?
noneconomic damages (pain, suffering, shame, etc)
60
Are compensatory damages (relating to injury, medical care, loss of ability to work) capped?
no
61
Noneconomic damages are capped at how much?
$250K for all providers, $250K per hospital (up to 2)
62
Exemplary (punitive) damages (designed to punish) are capped at how much?
$750K
63
Statute of limitations for adults to sue doctors?
2 years from when the harm is discovered
64
Statute of limitations for children to sue doctors?
2 years after turning 18
65
Filing a complaint against a doctor adds how much time to the statute of limitations?
60 days
66
Sending a notice letter of impeding lawsuit extends the statute of limitations by how much time?
75 days
67
Absolute maximum delay of statute of limitations?
10 years
68
EMTALA violation fine?
$50K and/or lose Medicare/Medicaid reimbursemet
69
Unconsented surgery is equivalent to what crime?
assault and battery
70
Unwanted treatment is equivalent to what crime?
assault
71
Minors can consent if?
active duty military, 16 and emancipated
72
Minors can consent for?
STD or reportable disease treatment, addiction treatment, abuse or suicide treatment, pregnancy treatment (EXCEPT abortion)
73
Who gives consent for minors?
Parents > Grandparents > Adult siblings > Aunt/Uncle > Educational institution with written authorization > Adult with written authorization > Court > Peace officer
74
Who gives consent for adults (if they are unable)?
Spouse > Adult child (sole decision maker) > Majority of adult children > Parents > Adult Sibling > Person clearly designated by patient > Nearest relative > Clergy
75
Involuntary mental health admission is consented by whom?
psychiatrist and court (not a proxy)
76
Can physicians with blood-borne pathogens (HIV, HepB/C) perform exposure-prone procedures (ie surgery)?
no (unless patient consents and expert review panel approves)
77
Any parent/guardian can "volunteer" their child for psychiatry admission under what age?
16
78
A physician must physically evaluate the patient in how long if a police offer files an APOWW?
12 hours
79
A psychiatrist must clear an APOWW within when?
48 hours (unless files for order of protective custody)
80
An order of protective custody (OPC) for involuntary psychiatric admission lasts how long?
72 hours (patient can request a hearing) up to 30 days
81
Can you mandate involuntary ECT therapy?
no (always voluntary, at least 16 years old)
82
Is there a duty to warn a third party (Tarasoff ruling)?
no (actually a breach of confidentiality; can tell law enforcement though)
83
What must be tested for at first pregnancy visit and at delivery?
HIV, syphilis, Hep B
84
All newborns are provided what care?
NBS, eye prophylaxis, hearing screen
85
Are 1st trimester (12 weeks) abortions legal?
yes
86
Are 2nd trimester (13 to 28 weeks) abortions legal?
depends
87
Are third trimester (>29 weeks) abortions legal?
no; only to prevent death or serious injury to mom or if fetus is nonviable/severe abnormality
88
Minors can only get an abortion if what?
parent (48 hours prior) consents or judge (via court petition) provides waiver
89
What is a wrongful pregnancy lawsuit?
pregnancy that occurs after ineffective sterilization
90
What is a wrongful birth lawsuit?
child with birth defects was not aborted because mother was not offered genetic counseling
91
Justice of Peace/Medical Examiner must be informed of all deaths under what age?
6 years
92
If a patient sues you, do they waive confidentiality?
yes
93
You can share HIV positive results with whom?
spouse, partner notification program (will contact partners identified without sharing info), potentially exposed person (health care, EMTs, local/state health authorities)
94
Must supply medical records within how many days of a request from patient?
15 days
95
Can a doctor withhold medical records if they believe the info is harmful?
yes (therapeutic privilege; must document in chart and notify patient)
96
Must keep charts for how long for adults?
7 years
97
Must keep charts for how long for minors?
7 years OR until age 21 (whichever is longer)
98
Must keep inpatient charts for how long for adults?
10 years
99
Must keep inpatient charts for how long for minors?
10 years or until age 20 (whichever is longer)
100
How many witnesses required for an advanced directive?
2 (one must not be a relative and not be involved in medical care)
101
When do advanced directives expire?
Never
102
How do you revoke an advanced directive?
By verbally saying you don't agree with it anymore (can do this at any stage of mental clarity)
103
If no family member or MPOA is available, how many physicians are required to consent a patient to life-saving treatment?
2
104
Who can pronounce patients dead?
MD, midlevels, RNs
105
A ventilated patient is considered dead at what time?
at time of confirmed "brain death," ie irreversible cessation of brain function
106
Legal implication if do not comply with death certificate regulations?
class C misdemeanor
107
Must report death from which communicable diseases?
AIDS, anthrax, plague, rabies, TB, syphilis
108
Must report suspicious deaths to who?
medical examiner
109
Order of consent for organ donation?
patient written wishes > spouse > adult child > parent > adult sibling
110
A fetus requires a death certificate if?
>350g or >20 weeks
111
SIDS is defined as?
all unexplained deaths <1 year (autopsy required)
112
The natural death act allows a patient to decline what?
life-sustaining procedures (unless pregnant)
113
Legal implication of assisted suicide?
state jail felony (if dies/hurts themselves), class C misdemeanor (if doesn't hurt themselves)
114
Legal implication for making a maliciously false child abuse report?
state jail felony
115
Parental drug use during pregnancy is equal to what?
child abuse
116
Legal implication for making a maliciously false elder abuse report?
class B misdemeanor (class A if in nursing home)
117
Is reporting abuse by spouse mandatory?
no, but must document, provide care, offer resources
118
STDs must be reported in how many days?
7 days
119
Unnatural/unexplained death, suicide, drug overdose and gunshot death must be reported to whom?
law enforcement
120
Spinal cord injuries, TBI and submersion injuries must be reported to whom?
Texas Department of Health
121
Schedule I drugs mean what?
no acceptable medical use, high potential for abuse
122
Marijuana is what schedule (federal)?
schedule I
123
Heroin is what schedule?
schedule I
124
LSD is what schedule?
schedule I
125
Ecstasy is what schedule?
schedule I
126
Schedule II drugs mean what?
high abuse potential, severe dependence
127
Cocaine is what schedule?
schedule II
128
Most opiates are what schedule?
schedule II
129
Most stimulants are what schedule?
schedule II
130
Meth is what schedule?
schedule II
131
Can schedule II drugs have refills?
no
132
Schedule II drug prescriptions must be filled in what time?
21 days (or void)
133
How many schedule II drug prescriptions can you give a patient?
3 x 30 day supplies (each with dates)
134
Codeine is what schedule?
schedule III
135
Ketamine is what schedule?
schedule III
136
Anabolic steroids/testosterone is what schedule?
schedule III
137
Hydrocodone is what schedule?
schedule II (previously schedule III)
138
Muscle relaxers are what schedule?
schedule IV
139
Benzodiazepines are what schedule?
schedule IV
140
Sleep medicines are what schedule?
schedule IV
141
Robitussin is what schedule?
schedule V
142
Lyrica is what schedule?
schedule V
143
What is required to prescribe scheduled drugs?
Federal DEA number
144
DEA numbers must be renewed how often?
every 3 years
145
Can a doctor prescribe marijuana in Texas?
no
146
Can midlevels prescribe schedule II drugs for typical outpatients?
no
147
Schedule III and IV can be prescribed by whom?
doctors or midlevels
148
Who can phone in a schedule II prescription and for how much?
physician, only for amount suitable to last an "emergency"
149
If you phone in a schedule II prescription, must mail in actual written prescription by how long?
7 days
150
Schedule III/IV drugs can be refilled how many times?
5
151
Schedule III/IV prescriptions are void after how long?
6 months
152
Schedule drug prescriptions must be written how?
number of pills written first numerically, then as a word (9 nine)
153
On discharge, patients can take a supply for how many days of a scheduled drug?
7 days
154
If a pharmacist can't contact the physician to refill a schedule III/IV medication, they can supply how much to patient?
3 day supply
155
Who can dispense methadone/buprenorphine (suboxone)?
need a special permit
156
If you do not want a generic version, write what on the prescription?
"dispense as written"
157
A physician can act as a pharmacist in what locations?
county with population <5,000 or town with population <2,500 without a pharmacy and within 15 mi of the office
158
Sole proprietor business means?
You own it by yourself
159
Partnership business means?
You own it equally with one of more other people (all must be physicians)
160
Nonprofit corporation can be owned by who?
both physicians and non-physicians (but majority physicians)
161
A member's liability in a limited liability company is limited to what?
their capital contribution
162
Does being an LLC protect from malpractice?
no
163
PPO insurance sees patients on what basis?
fee-for-servivce
164
HMO insurance sees patients on what basis?
prepaid basis
165
Can an HMO pay incentive fees to docs to make them spend less money?
no
166
STARK 1 law prohibits self-referring to what?
laboratories
167
STARK 2 law prohibits self-referring to what?
anything besides laboratories
168
What is barratry?
Contacting prospective patients to solicit them as customers (illegal)
169
Can doctors waive copayments?
No (insurance mandates patient pays their copay)
