Jurisprudence Exam For Texas Medical Board

Front 1

what culpable mental state is when it is person's conscious objective or desire to engage in conduct or cause the result

Back 1

INTENTIONAL (vs knowing mental state when person is aware that his conduct is reasonably certain to cause bad result)

Front 2

get life in prison for what 2 types of felonies

Back 2

capital felony and 1st degree

Front 3

if provider has cause to believe that a child has been or may be abused/neglected, how long does he have to report incident

Back 3

48hrs

Front 4

what type of injuries must be reported to dept of health

Back 4

spinal cord, traumatic brain, and submersion injuries.

Front 5

if make oral report about nursing home abuse/neglect, how many days do you have file written report

Back 5

5

Front 6

person who makes reckless or bad faith report of abuse, neglect, exploitation of nursing home resident is subject to

Back 6

Criminal charge of Class A misdemeanor (same one you get if you report something) + civil penalties

Front 7

what department is responsible for investigating abuse, exploitation, or neglect of elderly or disabled person

Back 7

Department of Protective and Regulatory Services

Front 8

what agency should child abuse cases be reported to

Back 8

Department of Protective and Regulatory Services

Front 9

if fail to report child abuse/neglect, then you commit a...

Back 9

class B misdemeanor (remember that failure to report elder abuse is Class A)

Front 10

does a provider need consent of parents to order labs, xrays, etc on child if abuse/neglect suspected

Back 10

No BUT....if child is >16 y/o then cant if that child refuses to consent.

Front 11

if dont report abuse/neglect of mental health facility pt, what type of misdemeanor

Back 11

class A (same as elderly abuse/neglect) vs class B for child abuse/neglect

Front 12

what STDs are required to be reported

Back 12

HIV, chancroid, syphillis, gonorrhea, chlamydia

Front 13

to whom do you report STDs

Back 13

local health dept director

Front 14

records of medical peer review committee may be disclosed to

Back 14

-another medical peer review committee
-state board in own state & others
-national accreditation body
-appropriate state or federal agency

Front 15

pt in hospital died but reason for death is unclear OR child >6 dies of reason other than MVA OR think may be suicide...what must you do

Back 15

contact local justice of peace so that an inquest can be conducted

Front 16

how many times must a nursing home resident have a medical exam

Back 16

at least once a yr

Front 17

victim of sexual assault has right to forensic medical exam but victim must report incident to law agency in what time frame

Back 17

within 96 hrs

Front 18

how many mandatory unannounced inspections must be made in nursing home

Back 18

2 per yr

Front 19

once a minor is admitted to mental health facility, an applicable "bill od right" should be explained to minor and guardian within what time fram

Back 19

24 hrs

Front 20

in county of 3 million or more, the forensic portion of medical exam of child thats alleged to be sexual assault victim, must include......

Back 20

photo documentation of an injured area (includes anogenital area pics) UNLESS medical provider documents good cause for not doing so)

Front 21

gestational agreement must be signed how far in advance

Back 21

before the 14th day preceding the transfer of embryo/sperm/ etc to gestational mother (must sign agreement at least 15 days before

Front 22

requirement for prospective gestational mother

Back 22

has had at least one previous pregnancy and delivery and carrying another preg & having delivery will not put her in harm

Front 23

state cant stop abortions in first trimester, BUT if doctor performs abortion in 3rd trimester then what must he do

Back 23

must send to dept of state health services the medical indication for abortion (must do this within 30 days of abortion)

Front 24

what happens if F has abortion but child born alive

Back 24

child can be taken away from parents and placed into custody of texas dept of Protective and Regulatory Services

Front 25

what can a minor do before having an abortion if she doesnt want parents/guardian to know about it

Back 25

can file application for a court order authorizing the minor to consent to the abortion (can file this application using only initials or pseudonym)

Front 26

if providing prenatal care for patients, what must you document in the chart about postpartum stuff

Back 26

must offer resources/
organizations of places that offer pospartum services (including for postpartum depression); must be documented before child delivered

Front 27

couple wants to enter into gestational agreemen with a woman willing to donate her eggs. what information must you provide to obtain consent for procedure

Back 27

--rate of successful conceptions due to procedure (specifically statistics on clinics outcome)
--risks of procedure and risks of outcomes
--nature of expenses related to procedure

Front 28

if F wants to be mom but not get married finds guy that wants to be father but doesnt want to get married, what must they do to arrange for this plan so that Jared has parental rights

Back 28

man must provide his sperm to doc who will conduct procedure and man & woman must sign consent

Front 29

does physician have to get consent from parent to perform abortion on minor

Back 29

no, just have to give 48 hrs notice in person/telephone to parent of what minor wants to do

Front 30

physician who intentionally performs abortion on pregnant minor without metting proper authorization requirements is subject to fine of up to

Back 30

$10,000

Front 31

when do you not have to get informed consent or document explanation to pt in chart for test for HIV

Back 31

if pt has already signed general consent form to allow medical test
OR
if pt's blood/bodily fluids exposed to hlth care worker

Front 32

what conditions must be tested for in preg women

Back 32

hep B, HIV, syphillis

Front 33

what 3 facilities must offer, to the extent facility can offer it, pneumo and influenza vaccines to elderly

Back 33

hospitals, doctors office, end stage renal facilities

Front 34

surrogate decision maker cannot consent to.... (3)

Back 34

1) voluntary inpt mental hlth services
2) electroconvulsive tx
3) appt of another surrogate decision maker

Front 35

person commits ____ if he with intent aids/attempts to aid another person to commit suicide

Back 35

class C misdemeanor

Front 36

who is in charge of investigating HIPAA violations

Back 36

Secretary of Health and Human Services

Front 37

for negligent violations (ie civil penalty) of HIPAA rules, what is fine

Back 37

up to $100 per violation, not to exceed $25,000per calendar yr

Front 38

for criminal sanctions (ie or knowign and intentional violations) of HIPAA violations, fine is
____for knowingly misusing PHI
____for offense committed under false pretenses
____for offense committed with intent to profit/harm

Back 38

up to $50,000 or 1 yr in prison if knowingly violate PHI
up to $100,000 or 5 yrs if offense committed under false pretenses
up to $250,000 or 10 yr in prison if offense committed with intent to profit/harm

Front 39

how long to keep medical records of a patient <18y/o when last treated by physician

Back 39

until pt reaches age 21 OR 7yrs from date of last treatment (whatever is longer)

Front 40

3 ways you can notify pts that clinician is leaving practice

Back 40

local newspaper, written notice at office, and sending letters to pts seen in last 2 yrs

Front 41

how much can you charge for pts to obtain medical records

Back 41

no more than $25 for first 20 pgs and then 50 cents per pg after that

Front 42

Texas Medical Board consists of how many members (and what are "specialties" of members)

Back 42

19 total (9 MDs, 3 DOs, 7 public representatives)

Front 43

what are requirements for physicians to be members of Texas Medical Board

Back 43

must have practiced medicine x 5yrs AND actively engaged in organized peer review at hlth care entity for at least 3 yrs preceding appt

Front 44

hearing screening tests have to be given by???? but not?? (types of facilities)

Back 44

must be given by birthing centers (centers in counties with pop of >50,000 & >100 births/yr) but midwife run facility doesnt have to

Front 45

4 critieria for psych emerg detention:

Back 45

1) pt has mental illness
2) risk of harm to self/others
3) harm imminent unless admit pt
4) restraint cant be accomplished without emerg detention

Front 46

court ordered chemical dependency treatment can only be held if, on file, there's ....

Back 46

2 certificates of med exam from 2 diff physicians confirming chem dependency

Front 47

what type of felony if sexually assault someone

Back 47

2nd degree

Front 48

how many refills can you write for schedule 3-5 drugs

Back 48

5

Front 49

if no fam member to give consent for autopsy, can obtain consent from what dept

Back 49

texas dept of criminal justice

Front 50

MD who intentionally performs abortion on pregnant unemancipated minor without mtg proper authorization requirements subj to fine of up to

Back 50

$10,000

Front 51

if reason to believe minor has been abused, then must report it to

Back 51

dept of protective and regulatory services

Front 52

to meet informed consent for abortion what 3 items must be included

Back 52

-name of physician
-risk of infection
-probability of inc risk of cancer associated with terminating preg

Front 53

dept of state hlth services must make avail on website a list of professional org that provide postpartum counseling/assistance. how often must list be updated

Back 53

monthly

Front 54

must test for PKU, hypothyroidism, and other diseases at birth UNLESS

Back 54

parents object based on religious beliefs

Front 55

____ is something that a person must do to be in compliance with the law

Back 55

affirmative duty

Front 56

3 things you must do if you are treating injuries that you think are caused by family violence

Back 56

1) document evidence upon which you believe injuries are caused by domestice violence
2) tell pt of nearest family violence shelter
3) give pt notice ab patients rights againt aggressor

Front 57

2 types of medical examinations that are contained in the Mental Health Code

Back 57

"preliminary examination" and "Certificate of Medical Examination for Mental Illness"

Front 58

Preliminary examination under the Mental Health Code must contain

Back 58

-nature of disorder
-risk or harm that pt's behavior could cause & that this risk/harm is imminent
-statement saying that emergency detention is least restrictive means of restraint

Front 59

when is physician consider an "officer of the court" in mental cases

Back 59

when he performs medical exam & provides findings to court for purposes of determining individual's mental health status

Front 60

if adult client of intermediate care facility for mentally retarded pts doesnt have legal guardian nor surrogate decision maker, then who can make tx decisions

Back 60

surrogate consent committee

Front 61

can pt contact his attorney if he is being held on emergency detention

Back 61

yes

Front 62

who can file a petition for court order tx for chemically dependent pt

Back 62

-any adult
-county or district attorney

Front 63

the two statements from physicians who've evaluated chemically dependent pt must have been completed ___days before final hearing

Back 63

30

Front 64

commitment hearing must be set by county judge within WHAT TIME FRAME of filing of the petition for court-ordered tx

Back 64

14 days

Front 65

probable cause hearing shall be held no later than _____ after the hour when protective custody of chemically dependent indiv begins

Back 65

72 hrs

Front 66

judge may issue order for protective custody pending commitment hearing for chemically dependent pt. what is 2 criteria that must be met in order to do this

Back 66

1) physicians opinion that person is chemically dependent
2) evident that persons presents substantial risk of harm to self or others if not immediately restrained

Front 67

FDA or _____ can approve the use of a new drug (which is any drug thats NOT generally recognized safe or effective)

Back 67

Texas Health Commissioners

Front 68

what are considered Dangerous Drugs

Back 68

those that are not safe for self medication, so they require prescription but are not controlled subs nor in pentaly groups

Front 69

federal regulations require records of controlled substances to be kept for

Back 69

2 yrs

Front 70

cocaine is schedule ___-

Back 70

II (all other illegal drugs are schedule I)

Front 71

prescriptions for schedule III or IV drugs cant be filled/refilled > ____months after date of issue

Back 71

6

Front 72

person who uses practitioners DEA # illegally is guilty of...

Back 72

Class C misdemeanor

Front 73

in order to use/transport/receive/etc source of radiation, must have license or exemption from ___ or ____

Back 73

Dept of State Health Services
OR
Texas Natural Resource Conxervation Commission

Front 74

3 circumstances that autopsies be performed (ie who do you need permission or order from)

Back 74

-permission by next of kin
-order of coroner or medical examiner
-order of health authority

Front 75

If a pt dies in jail, when can justice of peace conduct an inquest

Back 75

if pt dies of something other than natural causes while attended by MD or nurse

Front 76

physician performing autopsy under invalid order is what type of misdemeanor

Back 76

class B

Front 77

if person disturbs, dissects, conceals, etc a human corpse, he commits a

Back 77

class A misdemeanor and possible civil offense

Front 78

what must justice of peace do if patient commits suicide

Back 78

must hold an inquest

Front 79

when must death of child <12 mo old be reported immed to justice of peace, medical examiner or other proper official

Back 79

if pt dies suddenly or is found dead and cause of death is unknown

Front 80

if have pt with reportable STD, how long do you have to make report

Back 80

7 days

Front 81

if fail to report reportable disease then you commit

Back 81

class B misdemeanor

Front 82

can you release communicable disease records if subpoena issues

Back 82

no (can only be released in public hlth disaster to law enforcement solely for protecting indiv)

Front 83

notification under the Partner Notification Program for HIV infxn shall be made by

Back 83

employee of Partner Notification Program (but cant give identity of infected indiv NOR date/time period that partner was exposed

Front 84

HIV exposure incidents must be reported to

Back 84

Dept of Health

Front 85

negligently breaching the confidentiality of HIV test results may result in civil penalties of

Back 85

$5000

Front 86

penalty for willfully releasing or disclosing a test result to unauthorized person includes

Back 86

actual damages, civil penalty of 5000-10,000, court costs of person bringing forth claim

Front 87

if blood bank reporting to hospital the result of an HIV + test of donors blood, what info can they give

Back 87

CANNOT give name of pt

Front 88

what can a blood bank report to other blood banks about donor who has dz

Back 88

can only give name of blood donor and say that he or she has infectious disease (cant actually say name of disease)

Front 89

can health care worker who is infected with HIV or hep B perform an exposure-prone procedure

Back 89

yes as long as worker seeks counsel from expert review panel and have been advised

Front 90

what immunizations do institution of higher education require

Back 90

institution can decide what immunizations it will require

Front 91

in addition to measles, mumps,rubella, polio, Tetanus, diphtheria, Dept of State Hlth services require child to be immunized against what 2 additional things before admission to child care center

Back 91

hep A and pneumo

Front 92

adult pt died. what next of kin (and in what order) may donate pt's organs

Back 92

spouse, adult child, parent, guardian

Front 93

if no objection from spouse, children, etc., corneal tissue removal may be permitted by what 2 ppl

Back 93

justice of peace and medical examiner

Front 94

if removing organ for donation from dead pt, who cannot participate

Back 94

physician who determined time of death

Front 95

who can enucleate an eye when eye is for anatomical gift

Back 95

dentist, embalmer, or physician-supervised tech if he has completed course in eye enucleation taught by ophthalmologist

Front 96

can you donate your organs to a forensic science program

Back 96

yes if it is at general academica teaching institution as defined by Texas Education Code

Front 97

if person wanted to donate organs then dies but doesnt specify specific person to receive organ then where does organ go

Back 97

qualified organ procurement organization

Front 98

who represents the interests of a mentally retarded ward when kidney donation is sought

Back 98

appoint attorney and guardian ad litem BUT neither one can be 1st/2nd degree relative

Front 99

any person who furnished false or fraudulent info for purpose of making an incorrect record of a birth or death has committed a

Back 99

3rd degree felony

Front 100

death certificate must be filed within 10 days with the

Back 100

local registrar of district in which death occurred

Front 101

birth certificate must be filed within ____ after birth to Dept of Hlth

Back 101

5 days

Front 102

if procedure is not listed on Texas Medical Disclosure Panel Act, physician must disclose to a patient what info about procedure

Back 102

an info that a reasonable patient would want to know

Front 103

person is incapacitated to make own medical decision if that person....?

Back 103

lacks ability to understand consequences of his or her decision

Front 104

who makes up Medical Disclosure Panel

Back 104

9 ppl (6 physicians and 3 attorneys)

Front 105

must give info re: advanced directive to pts in what 3 situations

Back 105

1) if admit pt to hospital or SNF unit
2) if pt goes under home hlth agency
3) if becomes hospice pt

Front 106

a valid directive must be signed by 2 witnesses and at least one of them must be a qualified witness. what makes someone a qualified witness?

Back 106

cant be attending doc NOR heirs pts stuff. person CANNOT be employed by hospital or doc

Front 107

upon admission to nursing home, does pt need Medical Power of Attorney

Back 107

NO cannot require resident to obtain medical POA before admitting to nursing home

Front 108

if attending physician refuses to honor pt's advance directive and refusal is being reviewed by ethics committee, pt must receive life-sustaining tx for how long?

Back 108

at least 10 days

Front 109

order of ppl that can consent to tx of a minor if parents cant be contacted

Back 109

grandparent, adult sibling, aunt uncle, any adult with written authorization

Front 110

what is exception to rule that minors cant consent to tx

Back 110

minor can consent if he's serving term of confinement in facility under contract with Texas Dept of Criminal Justice

Front 111

if you are providing sports physicals, how do you avoid being liable for sports player dropping dead while playing sport

Back 111

if you dont receive or expect to receive compensation

Front 112

if you volunteer to provide health services for charitable organization, what do you need to do to be immune from liability

Back 112

-you must act within scope of license
-you must have pt sign form saying that you are not getting paid to do what you're doing

Front 113

can physician destroy medical records that relate to civil, criminal, etc. proceeding

Back 113

yes but only if proceeding has been completely resolved

Front 114

deadline for releasing copies of med/billing records after recepit of request & payment of fees

Back 114

15 days

Front 115

what can a sole managing conservator of a child do that a joint managing conservator of a child cant?

Back 115

they both can review child's records BUT only the sole managing conservator can consent to a procedure

Front 116

a disclosure authorization to a hospital is valid but only if it is not....

Back 116

if its not contained in same document as the consent to medical treatment obtained from pt

Front 117

person who discloses another person's genetic info without appropriate privilege may beliable for a civil penalty of

Back 117

up to $10,000 plus attorney fees

Front 118

when pt sues his physician for malpractice, the pt is waiving what right

Back 118

pt waives confidentiality privilege

Front 119

Texas Medical Board consists of how many/what types of ppl

Back 119

9 MDs, 3 DOs, 7 public reps (the physicians must have been licensed in Tx x 3yrs)

Front 120

Each District Review Committee of the TMB is made up of

Back 120

9 MDs, 3 DOs, 7 public reps who serve 6 yr terms
(all of these must have resided in district for past 3 yrs)

Front 121

in order to be licensed physician, must be ___y/o, completed ____hrs of undergrad classes, and how many years of graduate medical training (if med school was in US vs foreign)

Back 121

-21 y/o
-60 hrs of college credits
-if US med school, then 1 yr of graduate medical training (vs 3 yrs if FMG)

Front 122

have to register with TMB q 2 yrs but if registration expires then you have grade period of

Back 122

30 days

Front 123

how must licensed physicians notify public of how to contact TMB (3 ways)

Back 123

-sign displayed in office
-on pt's bill
-on registration forms

Front 124

if doc performs surgery while intoxicated and puts pt at danger, then he commits

Back 124

state jail felony

Front 125

if doc is going to self-report intemperate use of drugs/etoh to board, when should he do it

Back 125

within 5 yrs from last use

Front 126

can pending malpractice claim filed against a particular physician be made public

Back 126

no

Front 127

if malpractice complaint filed against physician, then he or his liability company must report it to board within

Back 127

30 days

Front 128

physicians may complete how much of informal CME hours by providing volunteer med services at site serving medically-underserved area

Back 128

1/2

Front 129

all docs, except retired ones or those who only practice charity work, must complete ___hrs of CME q 12 months in order to be registered

Back 129

24

Front 130

an out of state physician who orders home health or hospice services for a resident of Texas to be delivered in Texas will not be subject to regulation by the board as long as the physician

Back 130

is located in another state whose borders are contiguous with Texas

Front 131

every doc who administers anesthesia or performs a surgical procedurewith anesthesia in outpt setting must

Back 131

register with board and pay fee to board

Front 132

state rural medical education board consists of

Back 132

3 docs with rural practices and 3 citizens with rural residencies

Front 133

physicians who agree to serve medically underserved communities are eligible to receive

Back 133

loan reimbursements

Front 134

if person holds special purpose license, can he physically practice medicine in tx

Back 134

no

Front 135

medical license can be suspended if doc hasnt pd child support for

Back 135

3 month

Front 136

how long to file claim about incident of medical fraud

Back 136

4 yrs from incident

Front 137

provider must bill for services not later than date set in a contract OR

Back 137

first day of 11th month after date of services

Front 138

if physician supervising midlevel who works at med underserved clinic, the doc must visit clinic how often

Back 138

once every 10 business days

Front 139

who can/cant directly bill for his/her assistance in surgery

Back 139

surg assistant can
CANT: RN assistant

Front 140

physician can delegate Rx authority to PA practicing at doc's alternate site so as long as site is within ___ miles of doc's primary site

Back 140

60

Front 141

if submit fraud insurance claim of < $20
then commit a...

Back 141

class C misdemeanor

Front 142

if submit fraud insurance claim of $20-500
then commit a...

Back 142

class B misdemeanor

Front 143

if submit fraud insurance claim of $500-1500
then commit a...

Back 143

class A misdemeanor

Front 144

if submit fraud insurance claim of $1500-$20,000
then commit a...

Back 144

state jail felony

Front 145

if submit fraud insurance claim of $20,000-$100,000
then commit a...

Back 145

3rd degree felony

Front 146

if submit fraud insurance claim of $100,000-$200,000

Back 146

2nd degree felony

Front 147

if submit fraud insurance claim of > $200,000 or less but put pt at serious risk

Back 147

1st degree felony