Texas Jurisprudence Exam - Concise Review Book Flashcards

1
Q

How long do you have to report child abuse/neglect?

A

48 hours

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2
Q

How long do you have to issue a birth certificate?

A

5 days

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3
Q

How long do you have to issue a death certificate?

A

10 days

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4
Q

How long do you have to report (most) communicable diseases?

A

7 days

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5
Q

How long do you have to report TB or pertussis?

A

1 day

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6
Q

How long do you have to supply medical records?

A

15 days

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7
Q

How many people are on the Texas Medical Board?

A

19 people (12 physicians = 9 MD, 3 DO, 7 lay-persons)

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8
Q

Who appoints people to the Texas Medical Board?

A

The governor

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9
Q

How long is the term of someone on the Texas Medical Board?

A

6 years

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10
Q

How often must you renew your TML?

A

every 2 years

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11
Q

Fine if 30-90 days late on renewing your TML?

A

$75

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12
Q

Fine if 90 days to 1 year late on renewing your TML?

A

$145

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13
Q

If you are >1 year late on renewing your TML, what must you do?

A

reapply for whole license again (and pay)

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14
Q

If you are >2 years late on renewing your TML, what additional step must be taken?

A

retake the JP exam

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15
Q

If you are practicing with an expired license (>30 days), what lawful implication?

A

= practicing medicine without a license = third degree felony

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16
Q

How much CME is required in each 24-month registration period?

A

48 hours (2 hours of medical ethics/professional responsibility)

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17
Q

How long do you have to tell TMB of name or practice address change?

A

30 days

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18
Q

Does Texas require malpractice insurance?

A

no

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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)

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20
Q

Do you need a “full” TML to practice telemedicine?

A

no (special TX telemedical license)

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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

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22
Q

Doctors need to be on what list to evaluate worker’s comp visits?

A

Texas Department of Insurance (TDI) list

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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)

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24
Q

Can podiatrists admit patients to hospitals?

A

no; must be admitted under MD/DO

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25
Q

Vicarious liability means midlevel provider medical acts are the responsibility of who?

A

the supervising physician

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26
Q

Doctors can delegate outpatient prescriptive authority to how many full-time midlevels?

A

7

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27
Q

Doctors can delegate inpatient prescriptive authority (or if they work in a medically undeserved area) to how many full-time midlevels?

A

no limit

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28
Q

If a doctor supervises a midlevel practicing in a rural area, the doctor must visit every how often?

A

every 10 days (10% of the time)

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29
Q

Midlevels can prescribe what schedule medications?

A

schedule III & IV; only schedule II inpatient (anticipated LOS >24H), hospital-based ER or to hospice patients

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30
Q

What happens to your TML if you are indicted (accused) for a felony?

A

TML suspended

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31
Q

What happens to your TML if you are convicted of a felony?

A

TML revoked

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32
Q

Legal implication of violating the Medical Practice Act?

A

class A misdemeanor (2nd time = third degree felony)

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33
Q

Do you still have to report “deferred adjudication” crimes to TMB?

A

yes (then can be removed from TMB website if successfully adjudicated)

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34
Q

TMB will remove formal complaints/malpractice investigations from your website profile after what time passes?

A

5 years (if they didn’t amount to anything)

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35
Q

Is rehab for self-reported drug/alcohol or physical/mental illness public knowledge?

A

no (as long as you didn’t harm anyone)

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36
Q

Regular misdemeanors (that don’t involve moral turpitude) must be reported to TMB when?

A

during the regular 2-year renewal process

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37
Q

Being named in how many lawsuits in 5 years automatically generates an official review of your license?

A

3

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38
Q

Your rights may be temporarily suspended if you are a danger, but you will have a formal hearing in how many days?

A

10

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39
Q

Things like: jay-walking, speeding, illegal parking, etc are called what?

A

infractions

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40
Q

Things like: shoplifting, marijuana possession, DUI without injury, etc are called what?

A

misdemeanors

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41
Q

Which is worse, misdemeanor A or misdemeanor C?

A

A

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42
Q

Things like: aggravated assault, murder, etc are called what?

A

felonies

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43
Q

Which is worse, 1st degree or 3rd degree felony?

A

1st degree

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44
Q

A felony involves jail time for how long?

A

> 1 year

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45
Q

Which is worse, capital felony or 1st degree?

A

capital

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46
Q

What is a state jail felony?

A

basically a 4th degree (minor) felony

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47
Q

Practicing medicine without a license is what type of crime?

A

third degree felony

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48
Q

Selling a child is what type of crime?

A

third degree felony

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49
Q

Sexual abuse of a nursing home/mental institution patient is what type of crime?

A

second degree felony

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50
Q

Failure to report elder abuse is what type of crime?

A

class A misdemeanor

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51
Q

Failure to report child abuse is what type of crime?

A

class B misdemeanor

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52
Q

Violating the Medical Practice Act (ie dangerous prescribing) is what type of crime?

A

class A misdemeanor

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53
Q

Soliciting patients is what type of crime?

A

class A misdemeanor

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54
Q

Receiving kickbacks for referrals is what type of crime?

A

class A misdemeanor

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55
Q

Promoting a suicide is what type of crime?

A

state jail felony (if patient hurts/kills themselves) or a class C misdemeanor (if nothing happens)

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56
Q

Are malpractice suits civil or criminal?

A

civil

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57
Q

Unilaterally terminating the doctor-patient relationship without 30 days written notice is called what?

A

abandonment

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58
Q

Expert witness is required in a medical malpractice case unless what?

A

amputation of wrong leg OR if criminal law was broken

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59
Q

Tort reform (2003) caps what?

A

noneconomic damages (pain, suffering, shame, etc)

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60
Q

Are compensatory damages (relating to injury, medical care, loss of ability to work) capped?

A

no

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61
Q

Noneconomic damages are capped at how much?

A

$250K for all providers, $250K per hospital (up to 2)

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62
Q

Exemplary (punitive) damages (designed to punish) are capped at how much?

A

$750K

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63
Q

Statute of limitations for adults to sue doctors?

A

2 years from when the harm is discovered

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64
Q

Statute of limitations for children to sue doctors?

A

2 years after turning 18

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65
Q

Filing a complaint against a doctor adds how much time to the statute of limitations?

A

60 days

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66
Q

Sending a notice letter of impeding lawsuit extends the statute of limitations by how much time?

A

75 days

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67
Q

Absolute maximum delay of statute of limitations?

A

10 years

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68
Q

EMTALA violation fine?

A

$50K and/or lose Medicare/Medicaid reimbursemet

69
Q

Unconsented surgery is equivalent to what crime?

A

assault and battery

70
Q

Unwanted treatment is equivalent to what crime?

A

assault

71
Q

Minors can consent if?

A

active duty military, 16 and emancipated

72
Q

Minors can consent for?

A

STD or reportable disease treatment, addiction treatment, abuse or suicide treatment, pregnancy treatment (EXCEPT abortion)

73
Q

Who gives consent for minors?

A

Parents > Grandparents > Adult siblings > Aunt/Uncle > Educational institution with written authorization > Adult with written authorization > Court > Peace officer

74
Q

Who gives consent for adults (if they are unable)?

A

Spouse > Adult child (sole decision maker) > Majority of adult children > Parents > Adult Sibling > Person clearly designated by patient > Nearest relative > Clergy

75
Q

Involuntary mental health admission is consented by whom?

A

psychiatrist and court (not a proxy)

76
Q

Can physicians with blood-borne pathogens (HIV, HepB/C) perform exposure-prone procedures (ie surgery)?

A

no (unless patient consents and expert review panel approves)

77
Q

Any parent/guardian can “volunteer” their child for psychiatry admission under what age?

A

16

78
Q

A physician must physically evaluate the patient in how long if a police offer files an APOWW?

A

12 hours

79
Q

A psychiatrist must clear an APOWW within when?

A

48 hours (unless files for order of protective custody)

80
Q

An order of protective custody (OPC) for involuntary psychiatric admission lasts how long?

A

72 hours (patient can request a hearing) up to 30 days

81
Q

Can you mandate involuntary ECT therapy?

A

no (always voluntary, at least 16 years old)

82
Q

Is there a duty to warn a third party (Tarasoff ruling)?

A

no (actually a breach of confidentiality; can tell law enforcement though)

83
Q

What must be tested for at first pregnancy visit and at delivery?

A

HIV, syphilis, Hep B

84
Q

All newborns are provided what care?

A

NBS, eye prophylaxis, hearing screen

85
Q

Are 1st trimester (12 weeks) abortions legal?

A

yes

86
Q

Are 2nd trimester (13 to 28 weeks) abortions legal?

A

depends

87
Q

Are third trimester (>29 weeks) abortions legal?

A

no; only to prevent death or serious injury to mom or if fetus is nonviable/severe abnormality

88
Q

Minors can only get an abortion if what?

A

parent (48 hours prior) consents or judge (via court petition) provides waiver

89
Q

What is a wrongful pregnancy lawsuit?

A

pregnancy that occurs after ineffective sterilization

90
Q

What is a wrongful birth lawsuit?

A

child with birth defects was not aborted because mother was not offered genetic counseling

91
Q

Justice of Peace/Medical Examiner must be informed of all deaths under what age?

A

6 years

92
Q

If a patient sues you, do they waive confidentiality?

A

yes

93
Q

You can share HIV positive results with whom?

A

spouse, partner notification program (will contact partners identified without sharing info), potentially exposed person (health care, EMTs, local/state health authorities)

94
Q

Must supply medical records within how many days of a request from patient?

A

15 days

95
Q

Can a doctor withhold medical records if they believe the info is harmful?

A

yes (therapeutic privilege; must document in chart and notify patient)

96
Q

Must keep charts for how long for adults?

A

7 years

97
Q

Must keep charts for how long for minors?

A

7 years OR until age 21 (whichever is longer)

98
Q

Must keep inpatient charts for how long for adults?

A

10 years

99
Q

Must keep inpatient charts for how long for minors?

A

10 years or until age 20 (whichever is longer)

100
Q

How many witnesses required for an advanced directive?

A

2 (one must not be a relative and not be involved in medical care)

101
Q

When do advanced directives expire?

A

Never

102
Q

How do you revoke an advanced directive?

A

By verbally saying you don’t agree with it anymore (can do this at any stage of mental clarity)

103
Q

If no family member or MPOA is available, how many physicians are required to consent a patient to life-saving treatment?

A

2

104
Q

Who can pronounce patients dead?

A

MD, midlevels, RNs

105
Q

A ventilated patient is considered dead at what time?

A

at time of confirmed “brain death,” ie irreversible cessation of brain function

106
Q

Legal implication if do not comply with death certificate regulations?

A

class C misdemeanor

107
Q

Must report death from which communicable diseases?

A

AIDS, anthrax, plague, rabies, TB, syphilis

108
Q

Must report suspicious deaths to who?

A

medical examiner

109
Q

Order of consent for organ donation?

A

patient written wishes > spouse > adult child > parent > adult sibling

110
Q

A fetus requires a death certificate if?

A

> 350g or >20 weeks

111
Q

SIDS is defined as?

A

all unexplained deaths <1 year (autopsy required)

112
Q

The natural death act allows a patient to decline what?

A

life-sustaining procedures (unless pregnant)

113
Q

Legal implication of assisted suicide?

A

state jail felony (if dies/hurts themselves), class C misdemeanor (if doesn’t hurt themselves)

114
Q

Legal implication for making a maliciously false child abuse report?

A

state jail felony

115
Q

Parental drug use during pregnancy is equal to what?

A

child abuse

116
Q

Legal implication for making a maliciously false elder abuse report?

A

class B misdemeanor (class A if in nursing home)

117
Q

Is reporting abuse by spouse mandatory?

A

no, but must document, provide care, offer resources

118
Q

STDs must be reported in how many days?

A

7 days

119
Q

Unnatural/unexplained death, suicide, drug overdose and gunshot death must be reported to whom?

A

law enforcement

120
Q

Spinal cord injuries, TBI and submersion injuries must be reported to whom?

A

Texas Department of Health

121
Q

Schedule I drugs mean what?

A

no acceptable medical use, high potential for abuse

122
Q

Marijuana is what schedule (federal)?

A

schedule I

123
Q

Heroin is what schedule?

A

schedule I

124
Q

LSD is what schedule?

A

schedule I

125
Q

Ecstasy is what schedule?

A

schedule I

126
Q

Schedule II drugs mean what?

A

high abuse potential, severe dependence

127
Q

Cocaine is what schedule?

A

schedule II

128
Q

Most opiates are what schedule?

A

schedule II

129
Q

Most stimulants are what schedule?

A

schedule II

130
Q

Meth is what schedule?

A

schedule II

131
Q

Can schedule II drugs have refills?

A

no

132
Q

Schedule II drug prescriptions must be filled in what time?

A

21 days (or void)

133
Q

How many schedule II drug prescriptions can you give a patient?

A

3 x 30 day supplies (each with dates)

134
Q

Codeine is what schedule?

A

schedule III

135
Q

Ketamine is what schedule?

A

schedule III

136
Q

Anabolic steroids/testosterone is what schedule?

A

schedule III

137
Q

Hydrocodone is what schedule?

A

schedule II (previously schedule III)

138
Q

Muscle relaxers are what schedule?

A

schedule IV

139
Q

Benzodiazepines are what schedule?

A

schedule IV

140
Q

Sleep medicines are what schedule?

A

schedule IV

141
Q

Robitussin is what schedule?

A

schedule V

142
Q

Lyrica is what schedule?

A

schedule V

143
Q

What is required to prescribe scheduled drugs?

A

Federal DEA number

144
Q

DEA numbers must be renewed how often?

A

every 3 years

145
Q

Can a doctor prescribe marijuana in Texas?

A

no

146
Q

Can midlevels prescribe schedule II drugs for typical outpatients?

A

no

147
Q

Schedule III and IV can be prescribed by whom?

A

doctors or midlevels

148
Q

Who can phone in a schedule II prescription and for how much?

A

physician, only for amount suitable to last an “emergency”

149
Q

If you phone in a schedule II prescription, must mail in actual written prescription by how long?

A

7 days

150
Q

Schedule III/IV drugs can be refilled how many times?

A

5

151
Q

Schedule III/IV prescriptions are void after how long?

A

6 months

152
Q

Schedule drug prescriptions must be written how?

A

number of pills written first numerically, then as a word (9 nine)

153
Q

On discharge, patients can take a supply for how many days of a scheduled drug?

A

7 days

154
Q

If a pharmacist can’t contact the physician to refill a schedule III/IV medication, they can supply how much to patient?

A

3 day supply

155
Q

Who can dispense methadone/buprenorphine (suboxone)?

A

need a special permit

156
Q

If you do not want a generic version, write what on the prescription?

A

“dispense as written”

157
Q

A physician can act as a pharmacist in what locations?

A

county with population <5,000 or town with population <2,500 without a pharmacy and within 15 mi of the office

158
Q

Sole proprietor business means?

A

You own it by yourself

159
Q

Partnership business means?

A

You own it equally with one of more other people (all must be physicians)

160
Q

Nonprofit corporation can be owned by who?

A

both physicians and non-physicians (but majority physicians)

161
Q

A member’s liability in a limited liability company is limited to what?

A

their capital contribution

162
Q

Does being an LLC protect from malpractice?

A

no

163
Q

PPO insurance sees patients on what basis?

A

fee-for-servivce

164
Q

HMO insurance sees patients on what basis?

A

prepaid basis

165
Q

Can an HMO pay incentive fees to docs to make them spend less money?

A

no

166
Q

STARK 1 law prohibits self-referring to what?

A

laboratories

167
Q

STARK 2 law prohibits self-referring to what?

A

anything besides laboratories

168
Q

What is barratry?

A

Contacting prospective patients to solicit them as customers (illegal)

169
Q

Can doctors waive copayments?

A

No (insurance mandates patient pays their copay)