TEXAS JURISPRUDENCE EXAM- QUESTIONS AND
ANSWERS 2023/2024
A mentally retarded person of what age can donate a kidney if the guardian petitions the
court? - ✔12 years.
A person older than what age can voluntarily commit self to psychiatry? - ✔16 years
A suspension in the hospital must be reported if it lasts for how long? Within what time
must it be reported? - ✔More than 30 days; 15 days.
After how many days can a blood bank pay for blood donation? - ✔15 days.
After third-trimester abortion, how many days does the physician have to notify the
Department of Health? - ✔30 days
After what age can you take possession of an abandoned baby? - ✔60 days or less
Are "testimonials" allowable advertising? - ✔No
Are blood bank records confidential? - ✔Yes
Are disciplinary orders private or public? - ✔Public
Are hospitals liable for the actions of a physician? - ✔No, unless the hospital employs
the physician
Are medical students in "board-approved schools" subject to the MPA? - ✔No
Are prenatal maternal tests confidential and anonymous? - ✔Confidential; anonymous
upon request
Are STARK laws federal? - ✔Yes
Are substance abuse records admissible during criminal proceedings? - ✔No, unless
the crime is EXTREMELY serious
Are the following included in the physician profile?
1. ethnic origin
2. CME
3. years in practice
4. Medicaid participation
5. misdemeanors
6. felonies
7. malpractice claims
8. tax ID or social security numbers - ✔Everything except for tax ID/soc. security
,TEXAS JURISPRUDENCE EXAM- QUESTIONS AND
ANSWERS 2023/2024
Are there any corporations that can employ physicians? - ✔Yes, Certified Nonprofit
Healthcare Corporation
Are there federal anti-kickback laws? - ✔Yes
Are TMB reports confidential? - ✔Yes
At what age and how can a mentally retarded person donate a kidney? - ✔Age 12, by
petitioning the district court
Barratry—what is it? Is it illegal? - ✔Contacting prospective patients in attempts to
solicit them; it is illegal
By how much can the statute of limitations be extended and how? - ✔File complaint—
extra 60-day, notice letter extends statute by 75 days
Can a blood bank pay for blood? How? After how many days? - ✔Yes, by mailed
check, 15 days after donation
Can a directive to a physician be oral or must it be in writing? - ✔Can be verbal and
must be documented in chart with names of witnesses
Can a health care worker with exudative lesions or weeping dermatitis participate in
direct patient care or handling of medical equipment? - ✔No
Can a hospital deny you privileges because you don't accept HMOs? Participate in
other hospitals? - ✔No
Can a hospital forbid a physician to give dangerous drugs or controlled substances for
treatment of intractable pain? - ✔No
Can a hospital reject an orthopedist because he is a DO and not an MD? - ✔No
Can a PA or NP provide the EMTALA required screening? - ✔Yes
Can a patient initiate his/her own transfer? - ✔Yes
Can a patient successfully sue a doctor if there is no physician-patient relationship? - ✔
No
Can a physician buy and rebottle? Any exceptions? - ✔No, except for rural areas (less
than 5000 population of town or 2500 of municipality, closest pharmacy > 15 miles)
,TEXAS JURISPRUDENCE EXAM- QUESTIONS AND
ANSWERS 2023/2024
Can a physician delegate the taking of X-rays to noncertified technicians? - ✔Yes
Can a physician delegate to a midwife? - ✔Yes (e.g., eye prophylaxis)
Can a physician or hospital get rid of records after the required years if these records
might be part of a litigation? - ✔No
Can a physician prescribe schedule 2 over the phone? - ✔Yes, for emergencies, and
only for the duration of emergency
Can a physician prohibit substitutions for generics? - ✔Yes
Can a physician send a patient directly to psychiatry hospital? Do they have to first get
insurance approval? - ✔Yes; no
Can a specialized hospital (e.g., burn unit) refuse a transfer because "they are full"? - ✔
No, if they have EVER accepted patients before and made room for them
Can a volunteer report abuse in a hospital, etc.? - ✔Yes
Can an educational institution consent for a minor? - ✔Yes (boarding school for
example)
Can an employee in the office do the reporting? - ✔Yes, if designated by physician
Can an incompetent patient revoke their DNR? - ✔Yes
Can an uncle consent for a minor? - ✔Yes
Can any money transaction be done during an adoption? - ✔Yes; only to cover
expenses
Can anybody be a surgical assistant? Do they need a license? - ✔Yes; yes, if they
identify themselves as licensed, otherwise, no
Can anyone, including courts, force somebody to have ECT without their written
consent? - ✔No, ECT cannot be court ordered
Can CRNAs give all anesthetic drugs? Are they restricted to a particular MD? - ✔Yes;
no, any MD
, TEXAS JURISPRUDENCE EXAM- QUESTIONS AND
ANSWERS 2023/2024
Can hospitals provide "physician guarantees"? How do the finances work? - ✔
Physicians can contract with hospitals but are not employees; guarantees paid for
availability, billing, etc
Can medical records be admitted as evidence in court? What are the requirements? - ✔
Yes, but only with affidavit
Can medical records be obtained with a subpoena? Does this include substance-abuse
records? - ✔Yes; no
Can on-call physician refuse to show up? - ✔No, only in circumstances beyond his
control
Can patient refuse mental health treatment after admission? - ✔If they are voluntarily
admitted, yes; if involuntarily, no, with court order
Can patients have access to the results of their genetic testing? - ✔Yes
Can psychiatry hospitals "guarantee" a cure on advertising? - ✔No
Can psychiatry hospitals employees' pay be based on # of admissions, length of stay,
calls to referring sources? - ✔No
Can psychiatry hospitals solicit information about patients' confidential records to solicit
them for services? - ✔No
Can surrogate decision maker consent to voluntary inpatient psych treatment? ECT
treatment? Appoint another surrogate decision maker? - ✔Not psych treatment, not
ECT, cannot appoint another decision maker
Can the board administer monetary penalties? - ✔Yes
Can the board regulate advertising? - ✔No, except to prohibit false, misleading, or
deceptive practice
Can the board subpoena people and records? Who can serve a subpoena? - ✔YES,
subpoenas can be served by board investigator or sent by certified mail
Can the board take disciplinary action against a physician for giving dangerous or
controlled substances to a patient with intractable pain? - ✔No
Can the claimant have part of the proportional responsibility? - ✔Yes
ANSWERS 2023/2024
A mentally retarded person of what age can donate a kidney if the guardian petitions the
court? - ✔12 years.
A person older than what age can voluntarily commit self to psychiatry? - ✔16 years
A suspension in the hospital must be reported if it lasts for how long? Within what time
must it be reported? - ✔More than 30 days; 15 days.
After how many days can a blood bank pay for blood donation? - ✔15 days.
After third-trimester abortion, how many days does the physician have to notify the
Department of Health? - ✔30 days
After what age can you take possession of an abandoned baby? - ✔60 days or less
Are "testimonials" allowable advertising? - ✔No
Are blood bank records confidential? - ✔Yes
Are disciplinary orders private or public? - ✔Public
Are hospitals liable for the actions of a physician? - ✔No, unless the hospital employs
the physician
Are medical students in "board-approved schools" subject to the MPA? - ✔No
Are prenatal maternal tests confidential and anonymous? - ✔Confidential; anonymous
upon request
Are STARK laws federal? - ✔Yes
Are substance abuse records admissible during criminal proceedings? - ✔No, unless
the crime is EXTREMELY serious
Are the following included in the physician profile?
1. ethnic origin
2. CME
3. years in practice
4. Medicaid participation
5. misdemeanors
6. felonies
7. malpractice claims
8. tax ID or social security numbers - ✔Everything except for tax ID/soc. security
,TEXAS JURISPRUDENCE EXAM- QUESTIONS AND
ANSWERS 2023/2024
Are there any corporations that can employ physicians? - ✔Yes, Certified Nonprofit
Healthcare Corporation
Are there federal anti-kickback laws? - ✔Yes
Are TMB reports confidential? - ✔Yes
At what age and how can a mentally retarded person donate a kidney? - ✔Age 12, by
petitioning the district court
Barratry—what is it? Is it illegal? - ✔Contacting prospective patients in attempts to
solicit them; it is illegal
By how much can the statute of limitations be extended and how? - ✔File complaint—
extra 60-day, notice letter extends statute by 75 days
Can a blood bank pay for blood? How? After how many days? - ✔Yes, by mailed
check, 15 days after donation
Can a directive to a physician be oral or must it be in writing? - ✔Can be verbal and
must be documented in chart with names of witnesses
Can a health care worker with exudative lesions or weeping dermatitis participate in
direct patient care or handling of medical equipment? - ✔No
Can a hospital deny you privileges because you don't accept HMOs? Participate in
other hospitals? - ✔No
Can a hospital forbid a physician to give dangerous drugs or controlled substances for
treatment of intractable pain? - ✔No
Can a hospital reject an orthopedist because he is a DO and not an MD? - ✔No
Can a PA or NP provide the EMTALA required screening? - ✔Yes
Can a patient initiate his/her own transfer? - ✔Yes
Can a patient successfully sue a doctor if there is no physician-patient relationship? - ✔
No
Can a physician buy and rebottle? Any exceptions? - ✔No, except for rural areas (less
than 5000 population of town or 2500 of municipality, closest pharmacy > 15 miles)
,TEXAS JURISPRUDENCE EXAM- QUESTIONS AND
ANSWERS 2023/2024
Can a physician delegate the taking of X-rays to noncertified technicians? - ✔Yes
Can a physician delegate to a midwife? - ✔Yes (e.g., eye prophylaxis)
Can a physician or hospital get rid of records after the required years if these records
might be part of a litigation? - ✔No
Can a physician prescribe schedule 2 over the phone? - ✔Yes, for emergencies, and
only for the duration of emergency
Can a physician prohibit substitutions for generics? - ✔Yes
Can a physician send a patient directly to psychiatry hospital? Do they have to first get
insurance approval? - ✔Yes; no
Can a specialized hospital (e.g., burn unit) refuse a transfer because "they are full"? - ✔
No, if they have EVER accepted patients before and made room for them
Can a volunteer report abuse in a hospital, etc.? - ✔Yes
Can an educational institution consent for a minor? - ✔Yes (boarding school for
example)
Can an employee in the office do the reporting? - ✔Yes, if designated by physician
Can an incompetent patient revoke their DNR? - ✔Yes
Can an uncle consent for a minor? - ✔Yes
Can any money transaction be done during an adoption? - ✔Yes; only to cover
expenses
Can anybody be a surgical assistant? Do they need a license? - ✔Yes; yes, if they
identify themselves as licensed, otherwise, no
Can anyone, including courts, force somebody to have ECT without their written
consent? - ✔No, ECT cannot be court ordered
Can CRNAs give all anesthetic drugs? Are they restricted to a particular MD? - ✔Yes;
no, any MD
, TEXAS JURISPRUDENCE EXAM- QUESTIONS AND
ANSWERS 2023/2024
Can hospitals provide "physician guarantees"? How do the finances work? - ✔
Physicians can contract with hospitals but are not employees; guarantees paid for
availability, billing, etc
Can medical records be admitted as evidence in court? What are the requirements? - ✔
Yes, but only with affidavit
Can medical records be obtained with a subpoena? Does this include substance-abuse
records? - ✔Yes; no
Can on-call physician refuse to show up? - ✔No, only in circumstances beyond his
control
Can patient refuse mental health treatment after admission? - ✔If they are voluntarily
admitted, yes; if involuntarily, no, with court order
Can patients have access to the results of their genetic testing? - ✔Yes
Can psychiatry hospitals "guarantee" a cure on advertising? - ✔No
Can psychiatry hospitals employees' pay be based on # of admissions, length of stay,
calls to referring sources? - ✔No
Can psychiatry hospitals solicit information about patients' confidential records to solicit
them for services? - ✔No
Can surrogate decision maker consent to voluntary inpatient psych treatment? ECT
treatment? Appoint another surrogate decision maker? - ✔Not psych treatment, not
ECT, cannot appoint another decision maker
Can the board administer monetary penalties? - ✔Yes
Can the board regulate advertising? - ✔No, except to prohibit false, misleading, or
deceptive practice
Can the board subpoena people and records? Who can serve a subpoena? - ✔YES,
subpoenas can be served by board investigator or sent by certified mail
Can the board take disciplinary action against a physician for giving dangerous or
controlled substances to a patient with intractable pain? - ✔No
Can the claimant have part of the proportional responsibility? - ✔Yes
