Texas Jurisprudence Exam Top Score 2024 Can a patient successfully sue a doctor if there is no physician-patient relationship? - correct answer.No If there is no prior physician-patient relationship, are you legally obliged to respond to a call from

Texas Jurisprudence Exam Top Score 2024 Can a patient successfully sue a doctor if there is no physician-patient relationship? - correct answer.No If there is no prior physician-patient relationship, are you legally obliged to respond to a call from a patient for treatment? - correct answer.No Does being on call give rise to a physician-patient relationship? - correct answer.No How can one terminate a physician-patient relationship, without abandonment if there is ongoing treatment? - correct answer.30 days written notice; must provide for emergency Does a physician's duty extend to the unborn child or potential victims of an ill patient? - correct answer.Yes What is "proximate cause"? - correct answer.Prove that negligence caused harm and that the cause was not too remote; what is required to hold a defendant liable in a civil lawsuit What are the two components of proximate cause? - correct answer.Cause-in-fact (but-for test) and foreseeability Does an expert witness have to be actively practicing medicine? - correct answer.Yes Does an expert witness have to know standards of care? - correct answer.Yes Does an expert witness have to have enough training to express an opinion on whether standard of care was provided? - correct answer.Yes Does an expert witness have to be board certified? - correct answer.No, board certified or eqivalent In a medical malpractice case, are expert witnesses required? - correct answer.Yes, with two exceptions In a medical malpractice setting, what 2 instances do not need expert testimony? - correct answer.Res ipsa loquitur (e.g., amputation of wrong leg) and negligence per se (a law was broken) What are "exemplary damages"? - correct answer.Damages above compensatory designed to punish the defendant and deter the behavior Is there a cap to noneconomic damages? How much? - correct answer.$250,000 for physicians, $500,000 for hospitals Does the cap on noneconomic damage depend on the number of defendants or claimants? - correct answer.No What is "proportional responsibility"? - correct answer.Percentage of liability apportioned according to percentage of fault Can the claimant have part of the proportional responsibility? - correct answer.Yes If the claimant's proportionate responsibility is more than what %, he/she may not recover damages? - correct answer.If 50%, no damages awarded How long is the statute of limitations for adults? For minors? - correct answer.2 years; for minors 2 years after becoming 18 years of age By how much can the statute of limitations be extended and how? - correct answer.File complaint—extra 60-day, notice letter extends statute by 75 days What is the statute of limitations for wrongful death? - correct answer.2 years What is the discovery rule? Give examples. - correct answer.Statute does not begin until damage is discovered. For example, a retained sponge that is found 3 years post-op Is there immunity from civil action in emergency cases? - correct answer.Yes, except gross negligence Is there immunity from civil action in volunteer care? - correct answer.Yes, except gross negligence When can a physician be charged with "assault and battery"? - correct answer.Un-consented surgery or examination or when exceeding the scope of the consent When can a physician be charged with patient abandonment? - correct answer.Unilateral cessation of treatment when continued treatment is necessary What is "strict liability"? - correct answer.Liability that does not depend on actual negligence, but that is based on a breach of a duty to make something safe. This often applies to product liability Are hospitals liable for the actions of a physician? - correct answer.No, unless the hospital employs the physician Who determines in a criminal case if the medical records of a patient should be released? - correct answer.Judge by inspection How many days do you have to release medical records to an attorney? - correct answer.45 days Can medical records be admitted as evidence in court? What are the requirements? - correct answer.Yes, but only with affidavit What are schedule 1, 2, 3, 4, 5 drugs? - correct answer.Schedule 1—no known use (e.g., heroin); schedule 2—very addictive (morphine, cocaine); schedule 3-5—less addictive What are dangerous drugs? - correct answer.Prescription drugs other than schedule 1-5 How many DEA registrations do you need if you prescribe drugs? dispense drugs? - correct answer.One to prescribe; a separate registration for each location where you dispense How often do you renew your DEA license? - correct answer.Every 3 years Can you move your office location and then change your DEA? - correct answer.No, need to change BEFORE move Is a DEA registration sufficient to prescribe drugs in Texas? - correct answer.No, also need Department of Public Safety Bureau of Narcotics and Dangerous Drug registration How often do you renew a DPS license? - correct answer.Yearly Do you have to display the DEA and DPS licenses? - correct answer.Not required by any statute. How many days do you have to notify the DPS of any change in your information (name, address, tel., etc.)? - correct answer.7 days Can you have your DPS suspended and keep your DEA or vice versa? - correct answer.No, they are interconnected For schedules 2-5 drugs, can you just put the number of pills on prescription? - correct answer.No, number and number spelled out Do you have to put intended use on prescription? - correct answer.Yes With how many days of a schedule 2-5 drug can a patient be discharged from the hospital? - correct answer.7 days; only if the drug was already rx in the hospital What kind of prescription pad do you need for schedule 2 drugs? Can you use stickers? - correct answer.Official DPS form; no stickers Can a physician prescribe schedule 2 over the phone? - correct answer.Yes, for emergencies, and only for the duration of emergency How many days does the physician have to mail the schedule's emergency prescription to the pharmacy? - correct answer.7 days How many days does the patient have to fill schedule 2 prescriptions? - correct answer.7 days Can you refill a schedule 2 prescription? How about schedule 3-5? - correct answer.No for schedule 2. Max 5 refills for schedules 3-5. Who can call in prescription from a physician's office? - correct answer.Any qualified DESIGNATED person Can they call in schedule 2? - correct answer.Only physician in emergencies Can a physician prohibit substitutions for generics? - correct answer.Yes From whom and how do you order schedule 2? Schedules 3-5? - correct answer.Schedule 2 on triplicate order form from distributor; schedules 3-5 regular form from wholesaler What drugs do you need to keep records on? How are the records kept? How often do you need to do inventory? Do you need to submit the records? How long do you have to keep the last inventory list? - correct answer.If dispensed in office, then all dangerous drugs, schedule drugs and samples; separate records for schedule 1+2; inventory every 2 years; records are not submitted; keep records for 2 years Who can inspect your drugs? - correct answer.TMB, DPS, attorney general for the DEA What is the method of ordering and accounting for drug samples? - correct answer.Written and signed request by physician; must keep inventory and drug logs Can you repackage samples? - correct answer.No Do you need to keep records on samples? - correct answer.Yes, just like other meds Can a physician buy and rebottle? Any exceptions? - correct answer.No, except for rural areas (less than 5000 population of town or 2500 of municipality, closest pharmacy 15 miles) To give anesthesia, how often do you have to register with the board? - correct answer.Every 2 years What life support competency do surgeons and anesthesiologists need? - correct answer.ACLS, PALS, or board-approved course How many and what competency levels of healthcare providers do you need in all settings? - correct answer.At least 2 physicians with advanced competency How many days do you have to report office-based anesthesia-related complications? - correct answer.15 days What is considered an anesthesia-related complication? - correct answer.Admission to hospital within 24 hours or death within 72 hours What is considered intractable pain? - correct answer.Pain where cause of pain cannot be removed and where relief or cure has not been found Can a hospital forbid a physician to give dangerous drugs or controlled substances for treatment of intractable pain? - correct answer.No Can the board take disciplinary action against a physician for giving dangerous or controlled substances to a patient with intractable pain? - correct answer.No What must the physician document prior to treatment of intractable pain? - correct answer.Understanding between physician and patient about treatment; dose, type, frequency of medication; consultation with psychologist, psychiatrist, addictions expert Can you guarantee that a drug will work? - correct answer.No Who can be part of a confidential communication? - correct answer.Persons involved, furthering interest of the patient, and those participating in diagnosis or treatment, e.g., patients, doctors, translators, nurses, etc Is the billing record confidential? - correct answer.No, billing record is NOT part of medical record In a criminal proceeding, is the physician-patient privilege communication confidential? - correct answer.NO (except for mental health records); judicial ruling should be obtained In a criminal proceeding, are records of alcohol and drug abuse confidential? - correct answer.Yes Does the physician confidentiality apply to court or administrative proceedings brought by the patient against a physician? - correct answer.No Can the physician violate confidentiality if he/she thinks he or someone else is in danger? - correct answer.Yes, must report that to law enforcement agency (NOT for mental health) What information must a release of medical records include? - correct answer.Type of records, reason, and person to whom to release How many days (hospital) or business days (physician) does a hospital/physician have to provide medical records when they are requested? - correct answer.Physician has 15 business days, hospital has 15 days What is "therapeutic privilege," when can it be used, who has access to the information, and what is the protocol the physician must follow? - correct answer.If physician thinks that information would be harmful to the patient, it can be withheld; in writing, copy in the chart; films or tests must be released to patient representative Can the physician charge for medical records and films? For an affidavit? Does he have to give the information if the patient does not pay? What does he do if the patient does not pay? - correct answer.Yes, can charge $25 for first 20 pages, then 15¢ per page plus postage; notarization $15, films $8; patient MUST pay to get records, 10-day notice Can you charge a patient requesting records in order to apply for disability or public aid? How many copies are patients entitled to? Can you charge if federal agency is requesting records? - correct answer.No; one copy; no How many years does a physician MD have to keep records for adults? for minors? How many years do hospitals have to keep records for adults? For minors? - correct answer.7 years for adults, 7 years or until age 21; hospital 10 years Can a physician or hospital get rid of records after the required years if these records might be part of a litigation? - correct answer.No Can you relate information without patient consent for treatment? Billing? To report abuse? To law enforcement? For funeral directions? For worker's comp? - correct answer.Yes, all of the above What is the "minimum necessary standard" for a medical release? - correct answer.It protects health care information unless it is required to be released (investigation, law enforcement, authorized release, participating care providers, HIPAA compliant release) Does a patient have the right to see his/her own record? Can he/she ask for amendments to the records? - correct answer.Yes; yes, they can request amendments What is the Texas medical record privacy act? Is it like HIPAA? - correct answer.It is the state equivalent of HIPAA Within how many days must a hospital send an itemized bill to patients? Is this mandatory? Or done by request? When must the hospital inform patients of this option? - correct answer.Upon request, within 30 business days; hospital must inform patient of availability of itemized bill Can medical records be obtained with a subpoena? Does this include substance-abuse records? - correct answer.Yes; no Are substance abuse records admissible during criminal proceedings? - correct answer.No, unless the crime is EXTREMELY serious Is HIV information confidential? - correct answer.Yes Can you "break" confidentiality in order to tell a spouse that his/her spouse is HIV positive? - correct answer.Yes Can you break confidentiality to tell a partner about notification program?. - correct answer.Yes Are blood bank records confidential? - correct answer.Yes If a blood bank finds a donor with an infectious disease, can they call other blood banks and tell them the name of donor and the disease?Edition. - correct answer.They can tell name of donor, NOT disease If a blood bank finds that blood outbound to hospitals is HIV positive, can they call the hospitals and give name of donor? Type of disease? - correct answer.They can tell name of disease, NOT donor For statistical purposes, can a blood bank give out medical records? Names? - correct answer.Yes, but not names or other identifying information Is genetic information confidential? - correct answer.Yes Can patients have access to the results of their genetic testing? - correct answer.Yes What kind of crime is the unauthorized release of records? - correct answer.Misdemeanor Can the Texas Medical Board (TMB) show preference to a specific school of medicine such as medicine v. osteopathy? - correct answer.No What does the Medical Practice Act (MPA) regulate? - correct answer.The practice of medicine Who does the MPA apply to? - correct answer.Physicians (MD, DO), PAs, and acupuncturists Does the MPA apply to the armed forces and federal public health? Can they moonlight? - correct answer.It does NOT apply to a federal job, they can NOT moonlight outside the federal setting Does the MPA apply to emergency assistance if there is NO charge of money? If there is money charged or billed? - correct answer.NO if no charge; YES if money is charged Are medical students in "board-approved schools" subject to the MPA? - correct answer.No Does the MPA prohibit self-care? - correct answer.No Does the MPA apply to physicians in contiguous states? - correct answer.NO (physicians from nearby states can only order care for patients in hospice or nursing homes) How many people are on the TMB? Who appoints them? Who must confirm them? - correct answer.19 members, appointed by the governor, confirmed by the senate Can the board subpoena people and records? Who can serve a subpoena? - correct answer.YES, subpoenas can be served by board investigator or sent by certified mail How often does the Department of Public Safety (DPS; state police) check on physicians and report to the board? - correct answer.Quarterly What are acceptable methods to tell the public on how to register a complaint to the TMB? In what languages? Where can a physician include this info? - correct answer.By phone (direct number and 1-800 number) or by mail; posted sign, on registration forms or bill; in English and Spanish How often must the TMB disseminate updated information? What info is included? - correct answer.2 times per year; info includes disciplinary action, board activities and functions, changes to the MPA and attorney general opinions Are disciplinary orders private or public? - correct answer.Public 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 - correct answer.Everything except for tax ID/soc. security Which malpractice claims should be included? - correct answer.Any jury awards, liabilities—NOT settlements What happens if you don't give this info? - correct answer.License is not renewed How many years of postgraduate training do you need to be eligible for licensure? - correct answer.One Who can get a limited license? - correct answer.Applicant who is recommended by dean, president, or chief administrator from Texas medical school Do you need the jurisprudence exam for a limited license? - correct answer.Yes Who is not eligible for licensure? - correct answer.If applicant is under prosecution, investigation, or has restrictions on license in another state How many days does the program director have to tell the board that somebody with a physician-in-training license did not show up, was suspended, etc.? - correct answer.30 days What is a temporary postgraduate training permit? - correct answer.License for residents and fellows pending the physician in training permit What is a telemedicine license? Do you have to be board certified to have it? Do you have to pass the jurisprudence exam? - correct answer.A license to do consulting work through internet, etc., in Texas; cannot physically see or treat patients; board certification is required; JP exam required How often do you register your license? Do you need an updated physician profile? - correct answer.Every 2 years; yes How many days prior to the expiration of your license does the TMB notify you? - correct answer.30 How many days after a license expires are you considered to be practicing without a license? - correct answer.30 day grace period. License expired 90 days—penalty is? - correct answer.$75 License expired 91-364 days—penalty is? - correct answer.$150 License expired 364 days—penalty is? - correct answer.Cancellation Do you have to retake JP exam if your license is canceled? - correct answer.Only if the license is canceled for more than 2 years. How can you get another license if it is lost/destroyed? - correct answer.Get affidavit of lost or destroyed document and pay fee to board How many category 1 CMEs yearly? - correct answer.12 How many CMEs per year? - correct answer.24 How many category 1 CMEs yearly must be in ethics? - correct answer.1 How many category 2 CMEs can be from volunteer work? - correct answer.6 How many CMEs can a license carry forward? And for how many registration periods? - correct answer.48; only once How many CMEs can be applied retroactively? - correct answer.24; only once How many CMEs do you need if you become "board certified" within 36 months? - correct answer.24 If you practice pain management, how many CMEs in pain management are required? - correct answer.None, but they are recommended Who can initiate a complaint to the board? - correct answer.Anyone What is the "health professions council"? - correct answer.Council of various professionals that establishes a central telephone complaint system (800-number) Does the TMB have to notify a physician when a complaint is filed? Are there exceptions? How often do the parties get updated on proceedings? - correct answer.Yes, within 30 days, except if it would interfere with the investigation; updates are quarterly When does the TMB release complaint information to the hospital? - correct answer.Upon written request Who investigates issues of "medical competency"? - correct answer.An expert physician panel appointed by the board consisting of physicians ONLY What do medical malpractice carriers have to report to the TMB regarding malpractice? Within what time limit? Who punishes them if they do not report? What does a physician without insurance have to report and when? Is there a difference for NPDB/HCQIA? - correct answer.Within 30 days from a complaint being filed in a lawsuit, settlement; noninsured MDs have to self-report within 30 days; any payment must be reported to NPDB by HCQIA requirements Restrictive action by the TMB: Within what time limit must the board tell the hospital? Tell Medicare? Tell the secretary of health & professional societies & complainant? - correct answer.Next working day for hospitals; in writing for all within 30 days. Restrictive action by the TMB: How often must the board make public notices about disciplinary orders? - correct answer.2 times per year. Restrictive action by the TMB: Must the board report crimes found during investigations? - correct answer.Yes, to the law enforcement. Restrictive action by the TMB: Within how many days must the board report to the NPDB? - correct answer.30 days. Restrictive action by the TMB: Within how many days must a court report to the board about convictions, felonies, and misdemeanors and addiction issues be filed? - correct answer.30 days. Are TMB reports confidential? - correct answer.Yes Who can the NPDB give info to? How about to patients? How about statistical data? - correct answer.Hospitals, self-requesting physicians, board, other state or federal agencies, attorneys; for statistical purposes if no identity disclosed When is it not illegal to perform a third-trimester abortion? - correct answer.To prevent mother's death, if unborn has severe irreversible brain damage When is it not illegal to perform an abortion on a minor? - correct answer.In emergency and with court order Is sexual contact between a physician and patient OK if the patient consents? - correct answer.NO, the disparity of power does not allow consent Why is it unprofessional to initially prescribe drugs over the Internet? - correct answer.Did not verify identity of patient, no physician coverage or follow-up guaranteed How can you terminate care to a patient? - correct answer.30 day notice, certified letter, available for emergencies during that time, give alternative physicians What prescriptions does a physician need to keep records on? Dangerous drugs? Controlled substances? Samples? - correct answer.Samples and dangerous drugs as part of medical record; for schedule 3-5 records and log; for schedule 2 separate log and records; keep record for 2 years; do inventory on schedule drugs every 2 years Can the board administer monetary penalties? - correct answer.Yes What happens to his/her license if a physician goes to prison? - correct answer.TMB is required to suspend How many malpractice claims within what time period automatically open a board investigation? - correct answer.3 within 5 years How many people from the TMB are necessary to temporarily suspend a license? - correct answer.President appoints a 3-member panel; can be done by phone Is self-reporting addiction a disciplinary action? Is a rehabilitation order a disciplinary order? - correct answer.No; no, it is the only nondisciplinary order Is probation a disciplinary order? Who cannot be put on probation? - correct answer.Yes; sex offenders, felons, prisoners, or if the physician is a threat to public Can the TMB make a physician give a refund? What is the maximum amount of refund? - correct answer.Yes; cannot be more than the amount paid What is monitoring? - correct answer.Continued oversight of the board for subjects on disciplinary orders Who is part of an informal hearing and what is it? - correct answer.Members of the board, at least one of whom is a public member, physician, his/her attorney; a means to settle a case without an administrative hearing When do you go to formal hearings? What is the SOAH? Is it part of the TMB? Who holds the hearings? Who is participating? Must the TMB follow the ruling of the administrative law judge? - correct answer.If no settlement reached after informal hearing; state office of administrative hearing; no; board members, physician, attorneys, and administrative law judge; NO, they do not have to follow the judge's ruling Where can a physician file an appeal? Within what time period? Can he practice in the interim? - correct answer.Circuit court Travis county, within 30 days after final board decision; physician cannot practice in interim Can the TMB panel serve a subpoena to a physician? - correct answer.Yes Can the physician get his file? - correct answer.Yes, with written request, within 30 days Can you voluntarily surrender your license? - correct answer.Yes, but board does not have to accept it If you surrender your license to avoid disciplinary action, can you reapply for it? - correct answer.Yes, if there is no prohibitive circumstance If you surrender your license voluntarily, whose burden is it to show competence if you want it back? - correct answer.The physician who surrendered the license How often and how soon can you reapply to have your license reinstated if it has been canceled/suspended, etc.? - correct answer.Once a year What is the maximum administrative penalty? How long do you have to pay it? - correct answer.$5000 per violation; 30 days What is the maximum penalty for an action for civil penalty by the attorney general? How long do you have to pay it? - correct answer.$1000 per penalty, 30 days What kind of offense is a violation of the MPA? What kind offense is it to practice medicine in violation of the MPA? To practice medicine with financial harm? - correct answer.Misdemeanor class A; felony; jail felony May you perform emergent surgery while drunk? - correct answer.No; emergency MIGHT be an exception If you have a contract with an impaired physician, can you avoid reporting him/her? - correct answer.No Can the board regulate advertising? - correct answer.No, except to prohibit false, misleading, or deceptive practice Are "testimonials" allowable advertising? - correct answer.No Is it permitted to advertise board certification? Board eligibility? - correct answer.Certification, yes; not eligibility What is a standing medical order? - correct answer.Physician order to institution, e.g., nursing home What is a standing delegation order? What are the requirements? - correct answer.Physician order for patient or population; signed, dated, in writing Who can a physician delegate to? - correct answer.Any qualified and properly trained person Who can the physician delegate to administer dangerous drugs? - correct answer.Any qualified and trained person Can a physician delegate to a midwife? - correct answer.Yes (e.g., eye prophylaxis) Is a physician liable for the actions of a NP or PA? - correct answer.No, unless vicariously liable due to employment What kind of name identification do PAs need? - correct answer.Name tag identifying themselves as a physician assistant What requirements exist for prescription for PAs and NPs? - correct answer.No schedule 2; maximum 90 days, no refills unless consultation with physician Which drug schedules can PAs and NPs prescribe? How many days? Can they give refills? Can they treat children? What ages? - correct answer.Schedules 3-5, 90 days, refill after consultation with physician; Yes, but children less than 2 years only after consultation with physician How many PA and NP equivalent FTEs can a physician supervise at maximum? - correct answer.3 FTEs Can CRNAs give all anesthetic drugs? Are they restricted to a particular MD? - correct answer.Yes; no, any MD What authority do pharmacists have? Can they give immunizations? Where does the supervising physician have to be located geographically? - correct answer.Getting histories, ordering drug therapy-related tests, procedures, modifying drug therapy; yes; physician has to be able to be physically present daily What can optometrists prescribe? - correct answer.Eye ointments Can anybody be a surgical assistant? Do they need a license? - correct answer.Yes; yes, if they identify themselves as licensed, otherwise, no Can a physician delegate the taking of X-rays to noncertified technicians? - correct answer.Yes Can they do bone density? Nuclear tests? CT? Skull X-ray? - correct answer.Bone density, skull, spine, extremities, abdomen, chest; NOT CT, nuclear test, etc Do they need to be licensed or registered by the boards? - correct answer.Yes, they need registration