Texas Jurisprudence Exam - Concise Review Book Flashcards
How long do you have to report child abuse/neglect?
48 hours
How long do you have to issue a birth certificate?
5 days
How long do you have to issue a death certificate?
10 days
How long do you have to report (most) communicable diseases?
7 days
How long do you have to report TB or pertussis?
1 day
How long do you have to supply medical records?
15 days
How many people are on the Texas Medical Board?
19 people (12 physicians = 9 MD, 3 DO, 7 lay-persons)
Who appoints people to the Texas Medical Board?
The governor
How long is the term of someone on the Texas Medical Board?
6 years
How often must you renew your TML?
every 2 years
Fine if 30-90 days late on renewing your TML?
$75
Fine if 90 days to 1 year late on renewing your TML?
$145
If you are >1 year late on renewing your TML, what must you do?
reapply for whole license again (and pay)
If you are >2 years late on renewing your TML, what additional step must be taken?
retake the JP exam
If you are practicing with an expired license (>30 days), what lawful implication?
= practicing medicine without a license = third degree felony
How much CME is required in each 24-month registration period?
48 hours (2 hours of medical ethics/professional responsibility)
How long do you have to tell TMB of name or practice address change?
30 days
Does Texas require malpractice insurance?
no
How long do you have to tell TMB you’ve been named in a malpractice suit?
30 days (your insurance does it for you if you’re insured)
Do you need a “full” TML to practice telemedicine?
no (special TX telemedical license)
If you’re producing, using or transporting radioactive materials (nuclear medicine, rad onc, IR onc), can you use a standard TML?
no; need an additional license for this
Doctors need to be on what list to evaluate worker’s comp visits?
Texas Department of Insurance (TDI) list
Physician-in-Training license for residents is specific to what?
Each institution (prelim year/residency year = two different PIT if at different institutions)
Can podiatrists admit patients to hospitals?
no; must be admitted under MD/DO
Vicarious liability means midlevel provider medical acts are the responsibility of who?
the supervising physician
Doctors can delegate outpatient prescriptive authority to how many full-time midlevels?
7
Doctors can delegate inpatient prescriptive authority (or if they work in a medically undeserved area) to how many full-time midlevels?
no limit
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)
Midlevels can prescribe what schedule medications?
schedule III & IV; only schedule II inpatient (anticipated LOS >24H), hospital-based ER or to hospice patients
What happens to your TML if you are indicted (accused) for a felony?
TML suspended
What happens to your TML if you are convicted of a felony?
TML revoked
Legal implication of violating the Medical Practice Act?
class A misdemeanor (2nd time = third degree felony)
Do you still have to report “deferred adjudication” crimes to TMB?
yes (then can be removed from TMB website if successfully adjudicated)
TMB will remove formal complaints/malpractice investigations from your website profile after what time passes?
5 years (if they didn’t amount to anything)
Is rehab for self-reported drug/alcohol or physical/mental illness public knowledge?
no (as long as you didn’t harm anyone)
Regular misdemeanors (that don’t involve moral turpitude) must be reported to TMB when?
during the regular 2-year renewal process
Being named in how many lawsuits in 5 years automatically generates an official review of your license?
3
Your rights may be temporarily suspended if you are a danger, but you will have a formal hearing in how many days?
10
Things like: jay-walking, speeding, illegal parking, etc are called what?
infractions
Things like: shoplifting, marijuana possession, DUI without injury, etc are called what?
misdemeanors
Which is worse, misdemeanor A or misdemeanor C?
A
Things like: aggravated assault, murder, etc are called what?
felonies
Which is worse, 1st degree or 3rd degree felony?
1st degree
A felony involves jail time for how long?
> 1 year
Which is worse, capital felony or 1st degree?
capital
What is a state jail felony?
basically a 4th degree (minor) felony
Practicing medicine without a license is what type of crime?
third degree felony
Selling a child is what type of crime?
third degree felony
Sexual abuse of a nursing home/mental institution patient is what type of crime?
second degree felony
Failure to report elder abuse is what type of crime?
class A misdemeanor
Failure to report child abuse is what type of crime?
class B misdemeanor
Violating the Medical Practice Act (ie dangerous prescribing) is what type of crime?
class A misdemeanor
Soliciting patients is what type of crime?
class A misdemeanor
Receiving kickbacks for referrals is what type of crime?
class A misdemeanor
Promoting a suicide is what type of crime?
state jail felony (if patient hurts/kills themselves) or a class C misdemeanor (if nothing happens)
Are malpractice suits civil or criminal?
civil
Unilaterally terminating the doctor-patient relationship without 30 days written notice is called what?
abandonment
Expert witness is required in a medical malpractice case unless what?
amputation of wrong leg OR if criminal law was broken
Tort reform (2003) caps what?
noneconomic damages (pain, suffering, shame, etc)
Are compensatory damages (relating to injury, medical care, loss of ability to work) capped?
no
Noneconomic damages are capped at how much?
$250K for all providers, $250K per hospital (up to 2)
Exemplary (punitive) damages (designed to punish) are capped at how much?
$750K
Statute of limitations for adults to sue doctors?
2 years from when the harm is discovered
Statute of limitations for children to sue doctors?
2 years after turning 18
Filing a complaint against a doctor adds how much time to the statute of limitations?
60 days
Sending a notice letter of impeding lawsuit extends the statute of limitations by how much time?
75 days
Absolute maximum delay of statute of limitations?
10 years