Texas Jurisprudence Examination Quizzes and Answers, Exams of Philosophy

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Texas Jurisprudence Examination quizzes and answers  Can a patient successfully sue a doctor if there is no physician-patient relationship? - answers>No  If there is no prior physician-patient relationship, are you legally obliged to respond to a call from a patient for treatment? - answers>No  Does being on call give rise to a physician-patient relationship? - answers>No  How can one terminate a physician-patient relationship, without abandonment if there is ongoing treatment? - answers>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? - answers>Yes  What is "proximate cause"? - answers>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? - answers>Cause-in-fact (but-for test) and foreseeability  Does an expert witness have to be actively practicing medicine? - answers>Yes  Does an expert witness have to know standards of care? - answers>Yes  Does an expert witness have to have enough training to express an opinion on whether standard of care was provided? - answers>Yes  Does an expert witness have to be board certified? - answers>No, board certified or eqivalent  In a medical malpractice case, are expert witnesses required? - answers>Yes, with two exceptions  In a medical malpractice setting, what 2 instances do not need expert testimony? - answers>Res ipsa loquitur (e.g., amputation of wrong leg) and negligence per se (a law was broken)  What are "exemplary damages"? - answers>Damages above compensatory designed to punish the defendant and deter the behavior  Is there a cap to noneconomic damages? How much? - answers>$250,000 for physicians, $500,000 for hospitals  Does the cap on noneconomic damage depend on the number of defendants or claimants? - answers>No  What is "proportional responsibility"? - answers>Percentage of liability apportioned according to percentage of fault  Can the claimant have part of the proportional responsibility? - answers>Yes  If the claimant's proportionate responsibility is more than what %, he/she may not recover damages? - answers>If > 50%, no damages awarded  How long is the statute of limitations for adults? For minors? - answers>2 years; for minors 2 years after becoming 18 years of age  By how much can the statute of limitations be extended and how? - answers>File complaint— extra 60-day, notice letter extends statute by 75 days  What is the statute of limitations for wrongful death? - answers>2 years  What is the discovery rule? Give examples. - answers>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? - answers>Yes, except gross negligence  Is there immunity from civil action in volunteer care? - answers>Yes, except gross negligence  When can a physician be charged with "assault and battery"? - answers>Un-consented surgery or examination or when exceeding the scope of the consent  When can a physician be charged with patient abandonment? - answers>Unilateral cessation of treatment when continued treatment is necessary  What is "strict liability"? - answers>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? - answers>No, unless the hospital employs the physician  Who determines in a criminal case if the medical records of a patient should be released? - answers>Judge by inspection  How many days do you have to release medical records to an attorney? - answers>45 days  Can medical records be admitted as evidence in court? What are the requirements? - answers>Yes, but only with affidavit  What are schedule 1, 2, 3, 4, 5 drugs? - answers>Schedule 1—no known use (e.g., heroin); schedule 2—very addictive (morphine, cocaine); schedule 3-5—less addictive  What are dangerous drugs? - answers>Prescription drugs other than schedule 1-5  How many DEA registrations do you need if you prescribe drugs? dispense drugs? - answers>One to prescribe; a separate registration for each location where you dispense  How often do you renew your DEA license? - answers>Every 3 years  Can you move your office location and then change your DEA? - answers>No, need to change BEFORE move  Is a DEA registration sufficient to prescribe drugs in Texas? - answers>No, also need Department of Public Safety Bureau of Narcotics and Dangerous Drug registration  What is "therapeutic privilege," when can it be used, who has access to the information, and what is the protocol the physician must follow? - answers>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? - answers>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? - answers>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? - answers>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? - answers>No  Can you relate information without patient consent for treatment? Billing? To report abuse? To law enforcement? For funeral directions? For worker's comp? - answers>Yes, all of the above  What is the "minimum necessary standard" for a medical release? - answers>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? - answers>Yes; yes, they can request amendments  What is the Texas medical record privacy act? Is it like HIPAA? - answers>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? - answers>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? - answers>Yes; no  Are substance abuse records admissible during criminal proceedings? - answers>No, unless the crime is EXTREMELY serious  Is HIV information confidential? - answers>Yes  Can you "break" confidentiality in order to tell a spouse that his/her spouse is HIV positive? - answers>Yes  Can you break confidentiality to tell a partner about notification program?. - answers>Yes  Are blood bank records confidential? - answers>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. - answers>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? - answers>They can tell name of disease, NOT donor  For statistical purposes, can a blood bank give out medical records? Names? - answers>Yes, but not names or other identifying information  Is genetic information confidential? - answers>Yes  Can patients have access to the results of their genetic testing? - answers>Yes  What kind of crime is the unauthorized release of records? - answers>Misdemeanor  Can the Texas Medical Board (TMB) show preference to a specific school of medicine such as medicine v. osteopathy? - answers>No  What does the Medical Practice Act (MPA) regulate? - answers>The practice of medicine  Who does the MPA apply to? - answers>Physicians (MD, DO), PAs, and acupuncturists  Does the MPA apply to the armed forces and federal public health? Can they moonlight? - answers>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? - answers>NO if no charge; YES if money is charged  Are medical students in "board-approved schools" subject to the MPA? - answers>No  Does the MPA prohibit self-care? - answers>No  Does the MPA apply to physicians in contiguous states? - answers>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? - answers>19 members, appointed by the governor, confirmed by the senate  Can the board subpoena people and records? Who can serve a subpoena? - answers>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? - answers>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? - answers>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? - answers>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? - answers>Public  Are the following included in the physician profile?  ethnic origin  CME  years in practice  Medicaid participation  misdemeanors  felonies  malpractice claims  tax ID or social security numbers - answers>Everything except for tax ID/soc. security  Which malpractice claims should be included? - answers>Any jury awards, liabilities—NOT settlements  What happens if you don't give this info? - answers>License is not renewed  How many years of postgraduate training do you need to be eligible for licensure? - answers>One  Who can get a limited license? - answers>Applicant who is recommended by dean, president, or chief administrator from Texas medical school  Do you need the jurisprudence exam for a limited license? - answers>Yes  Who is not eligible for licensure? - answers>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.? - answers>30 days  What is a temporary postgraduate training permit? - answers>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? - answers>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? - answers>Every 2 years; yes  How many days prior to the expiration of your license does the TMB notify you? - answers>30  How many days after a license expires are you considered to be practicing without a license? - answers>30 day grace period.  License expired < 90 days—penalty is? - answers>$75  License expired 91-364 days—penalty is? - answers>$150  License expired > 364 days—penalty is? - answers>Cancellation  Do you have to retake JP exam if your license is canceled? - answers>Only if the license is canceled for more than 2 years.  How can you get another license if it is lost/destroyed? - answers>Get affidavit of lost or destroyed document and pay fee to board  How many category 1 CMEs yearly? - answers>12  Where can a physician file an appeal? Within what time period? Can he practice in the interim? - answers>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? - answers>Yes  Can the physician get his file? - answers>Yes, with written request, within 30 days  Can you voluntarily surrender your license? - answers>Yes, but board does not have to accept it  If you surrender your license to avoid disciplinary action, can you reapply for it? - answers>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? - answers>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.? - answers>Once a year  What is the maximum administrative penalty? How long do you have to pay it? - answers>$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? - answers>$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? - answers>Misdemeanor class A; felony; jail felony  May you perform emergent surgery while drunk? - answers>No; emergency MIGHT be an exception  If you have a contract with an impaired physician, can you avoid reporting him/her? - answers>No  Can the board regulate advertising? - answers>No, except to prohibit false, misleading, or deceptive practice  Are "testimonials" allowable advertising? - answers>No  Is it permitted to advertise board certification? Board eligibility? - answers>Certification, yes; not eligibility  What is a standing medical order? - answers>Physician order to institution, e.g., nursing home  What is a standing delegation order? What are the requirements? - answers>Physician order for patient or population; signed, dated, in writing  Who can a physician delegate to? - answers>Any qualified and properly trained person  Who can the physician delegate to administer dangerous drugs? - answers>Any qualified and trained person  Can a physician delegate to a midwife? - answers>Yes (e.g., eye prophylaxis)  Is a physician liable for the actions of a NP or PA? - answers>No, unless vicariously liable due to employment  What kind of name identification do PAs need? - answers>Name tag identifying themselves as a physician assistant  What requirements exist for prescription for PAs and NPs? - answers>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? - answers>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? - answers>3 FTEs  Can CRNAs give all anesthetic drugs? Are they restricted to a particular MD? - answers>Yes; no, any MD  What authority do pharmacists have? Can they give immunizations? Where does the supervising physician have to be located geographically? - answers>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? - answers>Eye ointments  Can anybody be a surgical assistant? Do they need a license? - answers>Yes; yes, if they identify themselves as licensed, otherwise, no  Can a physician delegate the taking of X-rays to noncertified technicians? - answers>Yes  Can they do bone density? Nuclear tests? CT? Skull X-ray? - answers>Bone density, skull, spine, extremities, abdomen, chest; NOT CT, nuclear test, etc  Do they need to be licensed or registered by the boards? - answers>Yes, they need registration  What is the difference between a partnership and a limited liability partnership? - answers>The limited liability partnership can limit individual liability white partner A is liable for the acts of partner B  Who can incorporate in Texas? Can physicians practice through corporations? - answers>Dentists, PT but NOT MD; MD cannot practice through corporation  Are there any corporations that can employ physicians? - answers>Yes, Certified Nonprofit Healthcare Corporation  Who can grant a title of Certified Nonprofit Healthcare Corporation? - answers>TMB  What are 5 important characteristics of Certified Nonprofit Healthcare Corporations? - answers>Must conduct scientific research, support education, improve capabilities to study and teach, deliver health care to the public, instruct public in medical science, public health  Can hospitals provide "physician guarantees"? How do the finances work? - answers>Physicians can contract with hospitals but are not employees; guarantees paid for availability, billing, etc  Are there federal anti-kickback laws? - answers>Yes  What does the health care insurance portability and accountability act do to federal anti-kickback provisions? - answers>Applies to all federal health care insurances = all insurances  Do the anti-kickback laws apply only to Medicare and Medicaid? - answers>No  Does federal anti-kickback law apply only to patient referrals? - answers>No  Does this law apply only to giving money as a kickback? Who is punished, giver or taker? - answers>No, any money or monetary value; both are punished  What kind of crime is a violation of anti-kickback law, and what is the penalty for physicians and hospitals? - answers>Felony; up to $250,000 for individuals and $500,000 for institutions  What are safe harbors in anti-kickback law? Give examples. - answers>Acts NOT in violation of anti-kickback regulation; e.g., space and equipment rental, sale of practice, discounts, etc  Are STARK laws federal? - answers>Yes  What is a STARK law? Can you refer to family? - answers>Anti-self-referral law; no  What is the difference between STARK 1 and STARK 2? - answers>Stark 1 applies to laboratories, Stark 2 to PT, OT services, etc  What is the CIVIL FALSE CLAIMS act? Is it state or federal? How long has it been around? What does it prohibit? - answers>Submitting false claims to government for payment; federal law since War Between the States  Does Texas prohibit remuneration in exchange for referral volume? - answers>Yes, prohibition on the solicitation of patients  What kind of crime is it to tamper with Texas Medical Board documents? - answers>Class A Misdemeanor  Barratry—what is it? Is it illegal? - answers>Contacting prospective patients in attempts to solicit them; it is illegal  Who can be part of a medical peer review committee? - answers>Physicians, health care workers, anybody in the hospital  Does physician competency include membership in societies, participation in education, participation in group plans? - answers>No  Who makes rules (by laws) for hospitals? - answers>The governing body  Can a hospital reject an orthopedist because he is a DO and not an MD? - answers>No  Can a hospital deny you privileges because you don't accept HMOs? Participate in other hospitals? - answers>No  Who makes the final decision in a hospital to grant or deny privileges to a physician? - answers>Governing body  Does the hospital have to get a report from the NPDB about physicians prior to granting privileges? - answers>Yes, initially and every 2 years; if they don't, they are liable  Is "mercy killing" allowed in Texas? - answers>No  Who must sign an "out-of-hospital DNR"? Can it be verbal? Are witnesses needed? - answers>Attending physician, patient, and two witnesses; yes/no; yes/no  What is the effect of an "out-of-hospital DNR"? - answers>Legally binding; patient's wishes written as a physician order  If a patient's family disagrees with a patient's decision, what can they do? - answers>Must apply for temporary guardianship under Texas probate code  If you see a DNR device on a patient but have not seen the form, is that enough not to give treatment? - answers>Yes, DNR device is enough  Can an incompetent patient revoke their DNR? - answers>Yes  Should this form accompany patients on transfers? - answers>Yes  What kind of treatment can the power of attorney NOT consent to? - answers>Admission to mental health institution, ECT, psychosurgery, abortion, neglect of minimal treatment (nutrition, hydration, comfort measures)  Does the power of attorney have an expiration date? - answers>No, unless specified  What happens if on the expiration date the patient is incompetent? - answers>It is continued until patient becomes competent again, then expires  Who cannot be the power of attorney? - answers>Principal health care provider or residential care provider or employee of those  Does the power of attorney have access to the patient's medical records? - answers>Yes  When can you withhold treatment to an infant? - answers>If chronically and irreversibly comatose or terminally ill and further treatment would be futile  Can you withhold nutrition/hydration from a terminally ill infant? - answers>No  Is the mental health directive an advanced directive act? - answers>Yes, but with differences  What are the requirements for mental health directive? What are requirements for witnesses? - answers>Age 18 or not a legal minor, not incapacitated; 2 witnesses both of who cannot be related, beneficiaries, attending physician, or employees of hospital  Does a mental health directive have an expiration date? - answers>Yes, 3 years or until revoked  What happens if on the expiration date of a mental health directive, the patient is incapacitated? - answers>It continues until competent  When can you use restraints? When can you use behavioral measures? - answers>If there is danger of harm to self or others and other measures have failed; never  Does the donor have rights of a parent in artificial insemination? Does the husband? - answers>Donor NO, husband YES  What prenatal maternal tests must a physician check? - answers>HIV, hepB, syphilis  How many times must a physician check prenatal maternal tests? - answers>Twice; upon first examination and on admission for delivery  Are prenatal maternal tests confidential and anonymous? - answers>Confidential; anonymous upon request  Does the physician have to tell the mother that he/she will do prenatal maternal tests? What if she wants anonymous testing? - answers>Yes, must inform but not specifically consent; if anonymous is wanted must refer patient to anonymous testing center; patient can refuse  If prenatal maternal tests are positive, what must the physician do? - answers>Refer for treatment, provide counseling, and provide information about diseases  How long does a physician have to keep prenatal maternal test results? - answers>For 9 months  What institutions do not need licensing for birthing centers? - answers>Licensed hospitals, nursing homes, and ambulatory surgery centers  What does the federal case Roe v. Wade say about abortion? - answers>Abortions are legal  Under what circumstance can you perform a third trimester abortion in Texas? - answers>In emergency to save mother's life or if fetus has severe irreversible abnormality  After third-trimester abortion, how many days does the physician have to notify the Department of Health? - answers>30 days  What is the cut-off gestational age to do an abortion in the office? - answers>16 weeks  What specific health risk must you inform the patient about during consent for abortion (4 categories)? - answers>Infection, hemorrhage, infertility, breast cancer  What specific economic-related issues must you talk about during consent for abortion? Do you need to document in writing that you talked about these issues? - answers>Medical assistance, father's liability for support; yes  How long before the abortion must you tell patients about risks and economic issues? - answers>24 hours  When can you perform an abortion on a minor? Can you do it without calling the parents? - answers>To save mother's life, court order, consent of parents; yes, only court ordered  How much time prior to an abortion on a minor must you give notification to parents? If they agree, can you do it earlier? - answers>48 hours; yes  What happens if you cannot find a parent to notify of abortion? - answers>Mail certified letter 48 hours prior  Is there any way for a minor to have abortion without notifying the parents? - answers>Yes, can petition court if minor is mature, informed and notification may be harmful (abuse)  To perform emergency abortion on a minor, what must you do? What kind of form to fill out? - answers>Assure that it is necessary; notify TDDHS on prepared form  What facility must be licensed to do abortions in Texas? - answers>If they do > 50/year  How often do abortion facilities have to report to the DPH? - answers>Yearly  Do abortion facilities' reports include the physician and patient names? - answers>No, neither  Can you force a physician to perform an abortion? - answers>No  With what and for what do you have to treat all newborns? - answers>Ophthalmia neonatorum, tetracycline, erythromycin, or silver nitrate ophthalmic solution  What genetic test must you do on all newborns? How many times? Who can do them? Can the parents object? - answers>PKU, galactose-1-phosphate uridyltransferase deficiency, sickling hemoglobinopathies, congenital adrenal hyperplasia, hypothyroidism; twice (at birth, 2 weeks later); physician or person attending birth; parents can object on religious grounds  Do hospitals have to give hearing test to all newborns? - answers>Yes  Within what time period does insurance have to pay for newborn hearing screen? When do they have to pay for follow-up care with regard to hearing? - answers>From birth until 30 days; up to 2 years of age  For what time period must an insurance cover a mother + newborn? - answers>48 hours normal delivery, 96 hours C-section; longer for complicated delivery  Who must review immunization history? - answers>Every physician  Until when must insurance pay for immunizations? - answers>Up to age 6  Who must submit the birth certificate? - answers>Physician, midwife, or person attending birth  How many days do you have to submit the birth certificate? - answers>5 days  What kind of crime is it if you don't submit a birth certificate? - answers>Misdemeanor  What kind of crime is it if you submit false data on a birth certificate? - answers>Felony 3rd degree  How old or young must a baby be in order for a care provider to be able to take possession of an abandoned baby? - answers>60 days  Can any money transaction be done during an adoption? - answers>Yes; only to cover expenses  When is a person considered dead? - answers>Cardiac and respiratory functions cease to exist  When is a ventilated person considered dead? - answers>Irreversible cessation of brain function  What is the time of death for ventilated people? - answers>At time of determined brain death  For your ventilated person, do you pronounce death before or after you turn off ventilator? - answers>Before  Who can pronounce somebody dead? - answers>MD, PA, NP, RN  Who must file the death certificate? - answers>Person in charge of interment  How many days does the physician have to fill it out once it is given to him/her? - answers>5 days for MD to fill out medical portion, 10 days to send in death certificate  Who is considered a mental health worker? Does that include priests? - answers>Social worker, addiction counselor, counselor, marriage therapist, clergy member, physician, psychologist; yes  Give definitions for 4 types of sexual contact - answers>Touching, deviate acts, intercourse, request for or suggestion of  What is sexual exploitation? - answers>Pattern for purposes of sexual gratification  What is therapeutic deception? - answers>Making patient believe it is part of treatment  What of the above questions is cause for action? - answers>All-contact, exploitation, deception  Is an employer liable for the sexual misconduct of a current or previous worker with a current or discharged or ex-patient? - answers>Yes, if employer has knowledge of past sexual exploitation or fails to inquire over the last five years of employment  What is considered "emotional dependence"? - answers>Lack of emotional dependence of the patient on the therapist is a defense that can be raised in an action brought by a former patient  Is it a defense that the sexual misconduct was consented? Off the premises? Outside treatment sessions? - answers>No, no, no  Who are the 2 agencies that should receive a report in cases of sexual misconduct? - answers>State licensing board and prosecuting attorney of the county where the alleged offense occurred  When to report sexual misconduct? What offense is failure to report? - answers>Within 30 days; misdemeanor  If you are examining a patient with a communicable disease, what is your duty? - answers>Duty to instruct on prevention of reinfection, spread, and necessity to treat  Who has to report communicable diseases? - answers>Physician, dentist, veterinarian, chiropractor  What sort of situations must be reported? - answers>Documented or suspected infection, exotic diseases, outbreaks  Can an employee in the office do the reporting? - answers>Yes, if designated by physician  If a physician reports a communicable disease, does the hospital also have to report it? - answers>Yes, both  If you treat a patient with a communicable disease that dies, what are your 2 responsibilities and within what time frame? - answers>Report death immediately and put toe tag on  What kind of crime is nonreporting communicable disease? - answers>Class B misdemeanor  If you are a police officer, firefighter, etc., can you make somebody have an HIV test if you think you might have been exposed? Who do you call? - answers>Yes, request TDH  Is the police officer, etc., required to be tested himself/herself? - answers>No  If an employee is exposed, can the hospital check if the person is harboring an infective agent? - answers>Yes, to HepB, C, HIV  What diseases must they test for? - answers>Hep B, C, HIV  Do they need the patient's consent? - answers>No  Who must report occupational exposure? Does that include labs? - answers>Physicians, labs, health care workers; labs must report abnormal lead levels  What occupational exposure must be reported? - answers>Asbestosis, silicosis  Do you have to report birth defects? - answers>Yes  Which diseases have to be reported immediately? - answers>Diphtheria, measles, anthrax, pertussis, hemophilus, plague, rabies, SARS, smallpox, yellow fever, etc  Which diseases must microbiology labs report immediately? - answers>Vancomycin-resistant staph, VRE, HIV, neisseria meningitis  Can you make somebody have HIV test? What are the 4 exceptions? - answers>No, unless during pregnancy, criminal proceedings, accidental exposure, consented  What kind of crime is it if you force somebody to take an HIV test? - answers>Misdemeanor A  Does HIV testing consent have to be written? - answers>No  Do you have to sign an HIV consent if you have signed a consent for treatment? - answers>No  Do you need consent for lab testing after accidental exposure? - answers>No  Does a physician have to contact the partner notification program if a patient is HIV positive and the physician suspects sexual activity? - answers>Yes  Can a health care worker with exudative lesions or weeping dermatitis participate in direct patient care or handling of medical equipment? - answers>No  If you are a health care worker that has HIV or hepB or HbeAg, can you perform invasive procedures that are "exposure-prone"? What are the 2 requirements? - answers>No, unless patient has been educated and has sought expert panel  What if you do invasive procedures that are not exposure-prone, and you are positive for HIV, HepB or HbeAg? Do you need to inform? - answers>No need to inform  Can you force rapists to undergo HIV and HepC tests? - answers>Yes  Which neoplasm must be reported to the cancer registry? - answers>All  Which traumatic injuries must be reported? To whom? Who is responsible to report? - answers>Spinal cord, traumatic brain, anoxia including near-drowning; to TDH; physician  Do you have to report overdosing and gunshot wounds? How fast? Who are the 2 people who can report that? - answers>Yes; immediately; by physician or hospital administrator or official  What kind of offense is nonreporting of traumatic injuries, overdoses or gunshot wounds? - answers>Misdemeanor  What is a "commitment order"? - answers>Court order for involuntary mental health admission  Who is considered an "adult" in order to proceed with voluntary psych admission? - answers>16 and over OR anybody who has ever been legally married  What are the 3 types of involuntary psych admissions? Who can order them? - answers>Emergency or temporary detention, protective custody; they are court ordered  Does being on ETOH, senile, mental retardation, epilepsy constitute grounds to deny voluntary psych admission? - answers>No  When you are admitted involuntarily, when can a patient be forced to take psychoactive mediations (3 cases)? - answers>(1) a medication-related emergency, (2) under a court order, (3) patient is a ward and guardian consents  Do you need a separate court order to give psychoactive medications in addition to the court order for involuntary admission? - answers>Yes, you need 2 separate court orders  Do you need a physician order to put patient in restraints? - answers>Yes  When should you consider prescribing psychoactive medications? - answers>Medication emergency—threat to self or others  ECT may not be used in people less than ___ years of age. Any exceptions? - answers>16, no  Can anyone, including courts, force somebody to have ECT without their written consent? - answers>No, ECT cannot be court ordered  How often do you need consent for ECT? - answers>Before each treatment  How about people > 65 years of age, who must sign for ECT? - answers>Patient and 2 physicians  Can psychiatry hospitals employees' pay be based on # of admissions, length of stay, calls to referring sources? - answers>No  Can psychiatry hospitals "guarantee" a cure on advertising? - answers>No  Can psychiatry hospitals solicit information about patients' confidential records to solicit them for services? - answers>No  Can a physician send a patient directly to psychiatry hospital? Do they have to first get insurance approval? - answers>Yes; no  How long is a mental health directive valid for? - answers>3 years or earlier if revoked  Does a mental health directive suffice to allow ECT treatment? - answers>Yes, it is considered a prior consent  Does Texas have "duty to warn" for mentally-ill patients? Is this breach of confidentiality - answers>Texas does NOT have duty to warn, it IS a breach of confidentiality  Can patient refuse mental health treatment after admission? - answers>If they are voluntarily admitted, yes; if involuntarily, no, with court order  Who does EMTALA apply to? - answers>Hospitals participating in Medicare  How much time to pay an administrative penalty by the board? - answers>30 days.  How many days can NPs and PAs prescribe? How many refills? For patients how old? - answers>30 days, no refills; older than 2 years.  How many PA equivalents can an MD supervise? - answers>3 full-time employees  What percentage of random charts of the PA must the physician review? - answers>10%  How far can secondary practice sites be located from primary? - answers>60 miles  How many days does board have to give information to requesting hospitals? - answers>15 days  How many days do you have to correct changes in your TMB profile? - answers>30 days  How many days do you get to review your data the FIRST time the board releases it? - answers>15 business days.  How often does a physician have to resubmit his core data if there were no changes? - answers>Once a year.  How many days before hospital hearing must a physician be notified? - answers>30 days.  A suspension in the hospital must be reported if it lasts for how long? Within what time must it be reported? - answers>More than 30 days; 15 days.  Until what age is one considered a minor? - answers>18 years  How many witnesses do you need for advanced directive? For verbal directive to physician? For out-of-hospital DNR? - answers>2; 2; 2  How many witnesses for a mental health directive? - answers>2  How long until mental health directive expires? How long until medical directives expire? - answers>3 years; no limit.  How many days does a physician have to give records to patient? Hospital? Attorney? - answers>15 business days; 15 business days; 45 days.  How many days does patient have to pay fees for requested records? - answers>10 days.  What are the fees for copied records? Postage or not? - answers>$25 for first 20 pages, then 15¢ per page plus postage.  How many years must a physician keep records for adults? For minors? From what age? - answers>7 years; 7 years or age 21.  How many years must hospitals keep records for adults? For minors? From what age? - answers>10 years; 10 years or 20th birthday.  How many days does a hospital have to send itemized bill if requested? - answers>30 business days.  What is the economic cap on noneconomic damages in Texas per defendant/claimant? - answers>$250,000  How long is the statute of limitations for adults? Minors? - answers>2 years; 2 years from age 18.  When must a claimant send a letter, and by how long can he/she extend the statute of limitations? - answers>Within 60 days; extends by 75 days.  How many yards from ER is considered campus? - answers>250 yards.  How many years must you keep records of transferred patients? - answers>5 years.  What is the maximum monetary penalty for a hospital violating EMTALA? - answers>$50,000, $25,000 if < 100 beds.  How long do physicians have to keep screening test records from the first visit of a pregnant woman? - answers>9 months.  How many days does a physician have to notify the DPS of a third trimester abortion? - answers>30 days.  What is the cut-off gestational age for office-based abortions? - answers>16 weeks.  How long prior to abortion must you give the woman information on abortion (verbal/written)? - answers>24 hours.  How much time prior to abortion must parents of a minor be notified? - answers>48 hours.  How many abortions per year make you an abortion facility that must be licensed? - answers>50.  How often does licensed abortion facility submit records to TSDHS? - answers>Yearly.  How many times must you check newborn for genetic disorders? - answers>2.  How long can a mother + newborn stay in the hospital paid by insurance after birth with vaginal delivery/cesarean section? - answers>48 hrs/96 hrs  Until when must an insurance pay for hearing screening? Follow-up hearing screening? - answers>30 days; 2 years  How many days do you have to submit birth certificate? - answers>5 days.  After what age can you take possession of an abandoned baby? - answers>60 days or less  How many days does the funeral director have to file death certificate? - answers>10 days  How many days does the physician have to fill out death certificate? - answers>5 days.  Over what weight must a death certificate be filled out for a fetus? - answers>350 grams.  If weight is not known, over what gestational age? - answers>20 weeks.  SIDS is for children of less than what age? - answers>12 months.  When do you have to report SIDS? - answers>Immediately.  Death of a child of what age or younger must be reported to the medical examiner? Within what time frame? - answers>6 years; immediately  How many days after catastrophe to get "certificate of death by catastrophe"?Xlibris. Kindle Edition. - answers>10 days.  If a patient dies within how many hours of admission must an inquest be ordered? - answers>24 hours.  A mentally retarded person of what age can donate a kidney if the guardian petitions the court? - answers>12 years.  After how many days can a blood bank pay for blood donation? - answers>15 days.  A person older than what age can voluntarily commit self to psychiatry? - answers>16 years  How often do private psychiatry hospitals file reports? - answers>Yearly.  What age do you have to be to get ECT? - answers>16  How often do you renew DEA license? DPS license? - answers>Every 3 years; yearly.  How many days to you have to inform the DPS of change in information? - answers>7.  How many days of pills can a patient get of schedule 2-5 when discharged from the hospital? - answers>7.  How many days to send written prescription to pharmacy of schedule 2 drug? - answers>7.  How long is a schedule 2 script valid? How many refills? Schedule 3-5 valid? Refills? Dangerous drugs valid? Refills? - answers>7 days; no refills; 6 months; 5 refills; unlimited; unlimited.  How often do you need to do inventory on your drugs? - answers>Every 2 years.  How often do you have to register with the board and pay a fee to administer anesthesia? - answers>Every 2 years.  How many days do you have to report an office-based anesthesia complication? - answers>15 days.  How much time do you have to report a death from communicable disease? - answers>Immediately.  How much time to report a gunshot wound? - answers>Immediately.  What is the monetary penalty for violation of anti-kickback laws for physicians? Hospitals? - answers>$25,000-$250,000 / $50,000-$500,000.  How much time does a physician have to report child abuse? - answers>Immediately; 48 hours in writing.  How much time does a professional (not medical professional) have to report child abuse? - answers>48 hours.  How much time do professionals/physicians have to report death of a child secondary to abuse? - answers>48 hours.