Texas Jurisprudence Exam – Flashcards
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Can a patient successfully sue a doctor if there is no physician-patient relationship?
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No
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If there is no prior physician-patient relationship, are you legally obliged to respond to a call from a patient for treatment?
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No
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Does being on call give rise to a physician-patient relationship?
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No
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How can one terminate a physician-patient relationship, without abandonment if there is ongoing treatment?
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30 days written notice; must provide for emergency
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Does a physician's duty extend to the unborn child or potential victims of an ill patient?
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Yes
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What is "proximate cause"?
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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
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What are the two components of proximate cause?
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Cause-in-fact (but-for test) and foreseeability
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Does an expert witness have to be actively practicing medicine?
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Yes
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Does an expert witness have to know standards of care?
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Yes
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Does an expert witness have to have enough training to express an opinion on whether standard of care was provided?
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Yes
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Does an expert witness have to be board certified?
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No, board certified or eqivalent
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In a medical malpractice case, are expert witnesses required?
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Yes, with two exceptions
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In a medical malpractice setting, what 2 instances do not need expert testimony?
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Res ipsa loquitur (e.g., amputation of wrong leg) and negligence per se (a law was broken)
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What are "exemplary damages"?
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Damages above compensatory designed to punish the defendant and deter the behavior
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Is there a cap to noneconomic damages? How much?
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$250,000 for physicians, $500,000 for hospitals
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Does the cap on noneconomic damage depend on the number of defendants or claimants?
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No
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What is "proportional responsibility"?
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Percentage of liability apportioned according to percentage of fault
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Can the claimant have part of the proportional responsibility?
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Yes
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If the claimant's proportionate responsibility is more than what %, he/she may not recover damages?
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If > 50%, no damages awarded
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How long is the statute of limitations for adults? For minors?
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2 years; for minors 2 years after becoming 18 years of age
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By how much can the statute of limitations be extended and how?
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File complaint—extra 60-day, notice letter extends statute by 75 days
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What is the statute of limitations for wrongful death?
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2 years
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What is the discovery rule? Give examples.
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Statute does not begin until damage is discovered. For example, a retained sponge that is found 3 years post-op
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Is there immunity from civil action in emergency cases?
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Yes, except gross negligence
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Is there immunity from civil action in volunteer care?
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Yes, except gross negligence
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When can a physician be charged with "assault and battery"?
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Un-consented surgery or examination or when exceeding the scope of the consent
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When can a physician be charged with patient abandonment?
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Unilateral cessation of treatment when continued treatment is necessary
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What is "strict liability"?
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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
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Are hospitals liable for the actions of a physician?
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No, unless the hospital employs the physician
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Who determines in a criminal case if the medical records of a patient should be released?
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Judge by inspection
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How many days do you have to release medical records to an attorney?
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45 days
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Can medical records be admitted as evidence in court? What are the requirements?
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Yes, but only with affidavit
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What are schedule 1, 2, 3, 4, 5 drugs?
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Schedule 1—no known use (e.g., heroin); schedule 2—very addictive (morphine, cocaine); schedule 3-5—less addictive
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What are dangerous drugs?
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Prescription drugs other than schedule 1-5
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How many DEA registrations do you need if you prescribe drugs? dispense drugs?
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One to prescribe; a separate registration for each location where you dispense
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How often do you renew your DEA license?
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Every 3 years
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Can you move your office location and then change your DEA?
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No, need to change BEFORE move
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Is a DEA registration sufficient to prescribe drugs in Texas?
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No, also need Department of Public Safety Bureau of Narcotics and Dangerous Drug registration
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How often do you renew a DPS license?
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Yearly
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Do you have to display the DEA and DPS licenses?
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Not required by any statute.
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How many days do you have to notify the DPS of any change in your information (name, address, tel., etc.)?
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7 days
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Can you have your DPS suspended and keep your DEA or vice versa?
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No, they are interconnected
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For schedules 2-5 drugs, can you just put the number of pills on prescription?
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No, number and number spelled out
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Do you have to put intended use on prescription?
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Yes
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With how many days of a schedule 2-5 drug can a patient be discharged from the hospital?
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7 days; only if the drug was already rx in the hospital
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What kind of prescription pad do you need for schedule 2 drugs? Can you use stickers?
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Official DPS form; no stickers
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Can a physician prescribe schedule 2 over the phone?
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Yes, for emergencies, and only for the duration of emergency
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How many days does the physician have to mail the schedule's emergency prescription to the pharmacy?
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7 days
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How many days does the patient have to fill schedule 2 prescriptions?
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7 days
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Can you refill a schedule 2 prescription? How about schedule 3-5?
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No for schedule 2. Max 5 refills for schedules 3-5.
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Who can call in prescription from a physician's office?
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Any qualified DESIGNATED person
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Can they call in schedule 2?
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Only physician in emergencies
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Can a physician prohibit substitutions for generics?
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Yes
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From whom and how do you order schedule 2? Schedules 3-5?
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Schedule 2 on triplicate order form from distributor; schedules 3-5 regular form from wholesaler
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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?
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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
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Who can inspect your drugs?
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TMB, DPS, attorney general for the DEA
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What is the method of ordering and accounting for drug samples?
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Written and signed request by physician; must keep inventory and drug logs
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Can you repackage samples?
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No
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Do you need to keep records on samples?
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Yes, just like other meds
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Can a physician buy and rebottle? Any exceptions?
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No, except for rural areas (less than 5000 population of town or 2500 of municipality, closest pharmacy > 15 miles)
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To give anesthesia, how often do you have to register with the board?
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Every 2 years
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What life support competency do surgeons and anesthesiologists need?
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ACLS, PALS, or board-approved course
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How many and what competency levels of healthcare providers do you need in all settings?
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At least 2 physicians with advanced competency
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How many days do you have to report office-based anesthesia-related complications?
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15 days
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What is considered an anesthesia-related complication?
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Admission to hospital within 24 hours or death within 72 hours
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What is considered intractable pain?
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Pain where cause of pain cannot be removed and where relief or cure has not been found
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Can a hospital forbid a physician to give dangerous drugs or controlled substances for treatment of intractable pain?
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No
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Can the board take disciplinary action against a physician for giving dangerous or controlled substances to a patient with intractable pain?
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No
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What must the physician document prior to treatment of intractable pain?
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Understanding between physician and patient about treatment; dose, type, frequency of medication; consultation with psychologist, psychiatrist, addictions expert
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Can you guarantee that a drug will work?
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No
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Who can be part of a confidential communication?
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Persons involved, furthering interest of the patient, and those participating in diagnosis or treatment, e.g., patients, doctors, translators, nurses, etc
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Is the billing record confidential?
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No, billing record is NOT part of medical record
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In a criminal proceeding, is the physician-patient privilege communication confidential?
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NO (except for mental health records); judicial ruling should be obtained
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In a criminal proceeding, are records of alcohol and drug abuse confidential?
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Yes
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Does the physician confidentiality apply to court or administrative proceedings brought by the patient against a physician?
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No
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Can the physician violate confidentiality if he/she thinks he or someone else is in danger?
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Yes, must report that to law enforcement agency (NOT for mental health)
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What information must a release of medical records include?
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Type of records, reason, and person to whom to release
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How many days (hospital) or business days (physician) does a hospital/physician have to provide medical records when they are requested?
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Physician has 15 business days, hospital has 15 days
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What is "therapeutic privilege," when can it be used, who has access to the information, and what is the protocol the physician must follow?
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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
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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?
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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
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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?
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No; one copy; no
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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?
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7 years for adults, 7 years or until age 21; hospital 10 years
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Can a physician or hospital get rid of records after the required years if these records might be part of a litigation?
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No
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Can you relate information without patient consent for treatment? Billing? To report abuse? To law enforcement? For funeral directions? For worker's comp?
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Yes, all of the above
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What is the "minimum necessary standard" for a medical release?
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It protects health care information unless it is required to be released (investigation, law enforcement, authorized release, participating care providers, HIPAA compliant release)
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Does a patient have the right to see his/her own record? Can he/she ask for amendments to the records?
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Yes; yes, they can request amendments
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What is the Texas medical record privacy act? Is it like HIPAA?
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It is the state equivalent of HIPAA
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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?
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Upon request, within 30 business days; hospital must inform patient of availability of itemized bill
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Can medical records be obtained with a subpoena? Does this include substance-abuse records?
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Yes; no
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Are substance abuse records admissible during criminal proceedings?
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No, unless the crime is EXTREMELY serious
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Is HIV information confidential?
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Yes
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Can you "break" confidentiality in order to tell a spouse that his/her spouse is HIV positive?
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Yes
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Can you break confidentiality to tell a partner about notification program?.
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Yes
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Are blood bank records confidential?
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Yes
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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.
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They can tell name of donor, NOT disease
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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?
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They can tell name of disease, NOT donor
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For statistical purposes, can a blood bank give out medical records? Names?
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Yes, but not names or other identifying information
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Is genetic information confidential?
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Yes
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Can patients have access to the results of their genetic testing?
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Yes
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What kind of crime is the unauthorized release of records?
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Misdemeanor
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Can the Texas Medical Board (TMB) show preference to a specific school of medicine such as medicine v. osteopathy?
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No
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What does the Medical Practice Act (MPA) regulate?
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The practice of medicine
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Who does the MPA apply to?
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Physicians (MD, DO), PAs, and acupuncturists
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Does the MPA apply to the armed forces and federal public health? Can they moonlight?
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It does NOT apply to a federal job, they can NOT moonlight outside the federal setting
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Does the MPA apply to emergency assistance if there is NO charge of money? If there is money charged or billed?
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NO if no charge; YES if money is charged
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Are medical students in "board-approved schools" subject to the MPA?
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No
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Does the MPA prohibit self-care?
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No
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Does the MPA apply to physicians in contiguous states?
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NO (physicians from nearby states can only order care for patients in hospice or nursing homes)
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How many people are on the TMB? Who appoints them? Who must confirm them?
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19 members, appointed by the governor, confirmed by the senate
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Can the board subpoena people and records? Who can serve a subpoena?
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YES, subpoenas can be served by board investigator or sent by certified mail
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How often does the Department of Public Safety (DPS; state police) check on physicians and report to the board?
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Quarterly
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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?
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By phone (direct number and 1-800 number) or by mail; posted sign, on registration forms or bill; in English and Spanish
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How often must the TMB disseminate updated information? What info is included?
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2 times per year; info includes disciplinary action, board activities and functions, changes to the MPA and attorney general opinions
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Are disciplinary orders private or public?
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Public
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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
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Everything except for tax ID/soc. security
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Which malpractice claims should be included?
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Any jury awards, liabilities—NOT settlements
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What happens if you don't give this info?
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License is not renewed
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How many years of postgraduate training do you need to be eligible for licensure?
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One
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Who can get a limited license?
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Applicant who is recommended by dean, president, or chief administrator from Texas medical school
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Do you need the jurisprudence exam for a limited license?
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Yes
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Who is not eligible for licensure?
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If applicant is under prosecution, investigation, or has restrictions on license in another state
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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.?
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30 days
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What is a temporary postgraduate training permit?
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License for residents and fellows pending the physician in training permit
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What is a telemedicine license? Do you have to be board certified to have it? Do you have to pass the jurisprudence exam?
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A license to do consulting work through internet, etc., in Texas; cannot physically see or treat patients; board certification is required; JP exam required
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How often do you register your license? Do you need an updated physician profile?
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Every 2 years; yes
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How many days prior to the expiration of your license does the TMB notify you?
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30
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How many days after a license expires are you considered to be practicing without a license?
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30 day grace period.
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License expired < 90 days—penalty is?
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$75
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License expired 91-364 days—penalty is?
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$150
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License expired > 364 days—penalty is?
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Cancellation
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Do you have to retake JP exam if your license is canceled?
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Only if the license is canceled for more than 2 years.
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How can you get another license if it is lost/destroyed?
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Get affidavit of lost or destroyed document and pay fee to board
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How many category 1 CMEs yearly?
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12
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How many CMEs per year?
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24
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How many category 1 CMEs yearly must be in ethics?
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1
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How many category 2 CMEs can be from volunteer work?
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6
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How many CMEs can a license carry forward? And for how many registration periods?
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48; only once
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How many CMEs can be applied retroactively?
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24; only once
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How many CMEs do you need if you become "board certified" within 36 months?
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24
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If you practice pain management, how many CMEs in pain management are required?
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None, but they are recommended
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Who can initiate a complaint to the board?
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Anyone
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What is the "health professions council"?
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Council of various professionals that establishes a central telephone complaint system (800-number)
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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?
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Yes, within 30 days, except if it would interfere with the investigation; updates are quarterly
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When does the TMB release complaint information to the hospital?
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Upon written request
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Who investigates issues of "medical competency"?
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An expert physician panel appointed by the board consisting of physicians ONLY
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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?
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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
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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?
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Next working day for hospitals; in writing for all within 30 days.
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Restrictive action by the TMB: How often must the board make public notices about disciplinary orders?
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2 times per year.
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Restrictive action by the TMB: Must the board report crimes found during investigations?
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Yes, to the law enforcement.
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Restrictive action by the TMB: Within how many days must the board report to the NPDB?
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30 days.
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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?
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30 days.
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Are TMB reports confidential?
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Yes
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Who can the NPDB give info to? How about to patients? How about statistical data?
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Hospitals, self-requesting physicians, board, other state or federal agencies, attorneys; for statistical purposes if no identity disclosed
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When is it not illegal to perform a third-trimester abortion?
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To prevent mother's death, if unborn has severe irreversible brain damage
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When is it not illegal to perform an abortion on a minor?
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In emergency and with court order
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Is sexual contact between a physician and patient OK if the patient consents?
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NO, the disparity of power does not allow consent
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Why is it unprofessional to initially prescribe drugs over the Internet?
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Did not verify identity of patient, no physician coverage or follow-up guaranteed
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How can you terminate care to a patient?
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30 day notice, certified letter, available for emergencies during that time, give alternative physicians
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What prescriptions does a physician need to keep records on? Dangerous drugs? Controlled substances? Samples?
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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
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Can the board administer monetary penalties?
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Yes
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What happens to his/her license if a physician goes to prison?
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TMB is required to suspend
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How many malpractice claims within what time period automatically open a board investigation?
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3 within 5 years
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How many people from the TMB are necessary to temporarily suspend a license?
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President appoints a 3-member panel; can be done by phone
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Is self-reporting addiction a disciplinary action? Is a rehabilitation order a disciplinary order?
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No; no, it is the only nondisciplinary order
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Is probation a disciplinary order? Who cannot be put on probation?
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Yes; sex offenders, felons, prisoners, or if the physician is a threat to public
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Can the TMB make a physician give a refund? What is the maximum amount of refund?
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Yes; cannot be more than the amount paid
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What is monitoring?
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Continued oversight of the board for subjects on disciplinary orders
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Who is part of an informal hearing and what is it?
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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
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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?
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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
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Where can a physician file an appeal? Within what time period? Can he practice in the interim?
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Circuit court Travis county, within 30 days after final board decision; physician cannot practice in interim
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Can the TMB panel serve a subpoena to a physician?
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Yes
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Can the physician get his file?
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Yes, with written request, within 30 days
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Can you voluntarily surrender your license?
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Yes, but board does not have to accept it
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If you surrender your license to avoid disciplinary action, can you reapply for it?
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Yes, if there is no prohibitive circumstance
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If you surrender your license voluntarily, whose burden is it to show competence if you want it back?
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The physician who surrendered the license
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How often and how soon can you reapply to have your license reinstated if it has been canceled/suspended, etc.?
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Once a year
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What is the maximum administrative penalty? How long do you have to pay it?
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$5000 per violation; 30 days
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What is the maximum penalty for an action for civil penalty by the attorney general? How long do you have to pay it?
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$1000 per penalty, 30 days
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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?
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Misdemeanor class A; felony; jail felony
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May you perform emergent surgery while drunk?
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No; emergency MIGHT be an exception
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If you have a contract with an impaired physician, can you avoid reporting him/her?
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No
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Can the board regulate advertising?
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No, except to prohibit false, misleading, or deceptive practice
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Are "testimonials" allowable advertising?
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No
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Is it permitted to advertise board certification? Board eligibility?
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Certification, yes; not eligibility
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What is a standing medical order?
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Physician order to institution, e.g., nursing home
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What is a standing delegation order? What are the requirements?
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Physician order for patient or population; signed, dated, in writing
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Who can a physician delegate to?
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Any qualified and properly trained person
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Who can the physician delegate to administer dangerous drugs?
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Any qualified and trained person
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Can a physician delegate to a midwife?
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Yes (e.g., eye prophylaxis)
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Is a physician liable for the actions of a NP or PA?
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No, unless vicariously liable due to employment
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What kind of name identification do PAs need?
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Name tag identifying themselves as a physician assistant
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What requirements exist for prescription for PAs and NPs?
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No schedule 2; maximum 90 days, no refills unless consultation with physician
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Which drug schedules can PAs and NPs prescribe? How many days? Can they give refills? Can they treat children? What ages?
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Schedules 3-5, 90 days, refill after consultation with physician; Yes, but children less than 2 years only after consultation with physician
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How many PA and NP equivalent FTEs can a physician supervise at maximum?
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3 FTEs
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Can CRNAs give all anesthetic drugs? Are they restricted to a particular MD?
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Yes; no, any MD
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What authority do pharmacists have? Can they give immunizations? Where does the supervising physician have to be located geographically?
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Getting histories, ordering drug therapy-related tests, procedures, modifying drug therapy; yes; physician has to be able to be physically present daily
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What can optometrists prescribe?
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Eye ointments
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Can anybody be a surgical assistant? Do they need a license?
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Yes; yes, if they identify themselves as licensed, otherwise, no
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Can a physician delegate the taking of X-rays to noncertified technicians?
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Yes
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Can they do bone density? Nuclear tests? CT? Skull X-ray?
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Bone density, skull, spine, extremities, abdomen, chest; NOT CT, nuclear test, etc
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Do they need to be licensed or registered by the boards?
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Yes, they need registration
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What is the difference between a partnership and a limited liability partnership?
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The limited liability partnership can limit individual liability white partner A is liable for the acts of partner B
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Who can incorporate in Texas? Can physicians practice through corporations?
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Dentists, PT but NOT MD; MD cannot practice through corporation
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Are there any corporations that can employ physicians?
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Yes, Certified Nonprofit Healthcare Corporation
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Who can grant a title of Certified Nonprofit Healthcare Corporation?
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TMB
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What are 5 important characteristics of Certified Nonprofit Healthcare Corporations?
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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
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Can hospitals provide "physician guarantees"? How do the finances work?
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Physicians can contract with hospitals but are not employees; guarantees paid for availability, billing, etc
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Are there federal anti-kickback laws?
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Yes
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What does the health care insurance portability and accountability act do to federal anti-kickback provisions?
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Applies to all federal health care insurances = all insurances
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Do the anti-kickback laws apply only to Medicare and Medicaid?
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No
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Does federal anti-kickback law apply only to patient referrals?
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No
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Does this law apply only to giving money as a kickback? Who is punished, giver or taker?
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No, any money or monetary value; both are punished
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What kind of crime is a violation of anti-kickback law, and what is the penalty for physicians and hospitals?
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Felony; up to $250,000 for individuals and $500,000 for institutions
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What are safe harbors in anti-kickback law? Give examples.
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Acts NOT in violation of anti-kickback regulation; e.g., space and equipment rental, sale of practice, discounts, etc
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Are STARK laws federal?
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Yes
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What is a STARK law? Can you refer to family?
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Anti-self-referral law; no
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What is the difference between STARK 1 and STARK 2?
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Stark 1 applies to laboratories, Stark 2 to PT, OT services, etc
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What is the CIVIL FALSE CLAIMS act? Is it state or federal? How long has it been around? What does it prohibit?
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Submitting false claims to government for payment; federal law since War Between the States
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Does Texas prohibit remuneration in exchange for referral volume?
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Yes, prohibition on the solicitation of patients
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What kind of crime is it to tamper with Texas Medical Board documents?
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Class A Misdemeanor
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Barratry—what is it? Is it illegal?
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Contacting prospective patients in attempts to solicit them; it is illegal
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Who can be part of a medical peer review committee?
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Physicians, health care workers, anybody in the hospital
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Does physician competency include membership in societies, participation in education, participation in group plans?
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No
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Who makes rules (by laws) for hospitals?
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The governing body
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Can a hospital reject an orthopedist because he is a DO and not an MD?
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No
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Can a hospital deny you privileges because you don't accept HMOs? Participate in other hospitals?
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No
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Who makes the final decision in a hospital to grant or deny privileges to a physician?
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Governing body
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Does the hospital have to get a report from the NPDB about physicians prior to granting privileges?
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Yes, initially and every 2 years; if they don't, they are liable
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How many days does the board have to give data to a hospital requesting it?
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15 days
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How often must a physician update his core credentials? How many days does he have to provide corrections?
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Yearly; corrections within 30 days
question
Prior to the "first release" of his information, how many days does a physician have to review it?
answer
15 business days
question
If a physician's privileges will be suspended, does he/she have the right to due process?
answer
Yes
question
How many days prior to hearing of due process must the hospital give the physician notification?
answer
30 days
question
Do hospitals have to accept NPs and PAs?
answer
No
question
If accepting NPs and PAs, what are the hospital's responsibilities?
answer
Due process, fairness, appeal
question
Is the peer review file confidential?
answer
Yes, EXCEPT for possible civil rights violation and possible anti-trust violation
question
When must a hospital's medical peer review report actions taken against physicians to the TMB? to the HCQIA? to the NPDB?
answer
If action affects privileges for longer than 30 days or if physician surrenders privileges or if it affects membership; never, the TMB reports to NPDB
question
How much time does the committee have to report to the TMB?
answer
15 days
question
Is it good enough to get the signature for informed consent?
answer
No, actual informed consent must be achieved
question
Which procedures need "full disclosure" of LIST A and LIST B?
answer
Only List A
question
Which procedures need additional "statutory consent"?
answer
Hysterectomy, radiation therapy, ECT
question
Is it the duty of the hospital or the physician to get consent?
answer
Physician
question
Which particular aspects of an informed consent if neglected can be grounds for a suit? Do you need to suffer damages to sue?
answer
Nondisclosure of risks, benefits, alternatives; yes
question
Is express consent required in an emergency?
answer
No, consent is implied
question
If arrested and suspected to be drunk, do the police need consent to check blood?
answer
No, consent is deemed to have been made, but consent can be expressly denied
question
If anyone died in an accident, is consent needed to check blood?
answer
No
question
Who is a minor in Texas?
answer
Anybody less than 18 years of age who has not been emancipated
question
When can a minor petition the court NOT to be a minor?
answer
Age 16 when living independently and supporting self, age 17 when supporting self, managing conservator or guardian, Texas resident
question
Can an uncle consent for a minor?
answer
Yes
question
Can an educational institution consent for a minor?
answer
Yes (boarding school for example)
question
Vaccinations: Is physician liable for damages by a required vaccination? Is physician liable for damages done by a disease that the parents denied vaccination for?
answer
No; no
question
Who is responsible to review a child's immunization record?
answer
Any physician; failure to do so has no consequence
question
What happens if a physician does not review a child's immunization record?
answer
Nothing
question
Do you need to consent to inform the authorities if you suspect child abuse or neglect?
answer
No
question
In what instance can a child give consent?
answer
If on active duty, when restrictions of minor removed, for communicable disease, if pregnant for counseling, and addiction treatment
question
Does the Consent to Medical Treatment Act apply to "incapacitated" individuals? Does it apply to psychiatry patients?
answer
Yes; yes, but not for patients in FREE-STANDING psychiatric hospitals
question
Who can be a surrogate decision maker? What are the requirements?
answer
Spouse, adult child, majority of children, parents, or a person identified by patient before becoming incapacitated
question
Can surrogate decision maker consent to voluntary inpatient psych treatment? ECT treatment? Appoint another surrogate decision maker?
answer
Not psych treatment, not ECT, cannot appoint another decision maker
question
What are 3 examples of "advanced directive"?
answer
Directive to physician, out-of-hospital DNR, medical power of attorney
question
How many witnesses do you need, and what are the witness requirements for advanced directives?
answer
2 witnesses, one cannot be related, beneficiary, attending physician or hospital employee
question
Can a directive to a physician be oral or must it be in writing?
answer
Can be verbal and must be documented in chart with names of witnesses
question
Does an advanced directive have to be notarized?
answer
No
question
How many witnesses for an oral directive?
answer
2
question
How long is a directive good for?
answer
No limit, until revoked
question
What are the 3 ways to revoke an advance directive?
answer
Written, oral, or VOID across the pages
question
When a directive is orally revoked, what should the physician do with it?
answer
Destroy or write note on verbal revocation or write VOID across pages
question
What happens if a physician disagrees with the directive given to him?
answer
Does not have to follow; can request ethics or medical committee with 48-hour notification for all parties
question
What is the transfer registry?
answer
Directory of physicians or hospitals willing to accept patients in transfer who have advanced directives
question
Is "mercy killing" allowed in Texas?
answer
No
question
Who must sign an "out-of-hospital DNR"? Can it be verbal? Are witnesses needed?
answer
Attending physician, patient, and two witnesses; yes/no; yes/no
question
What is the effect of an "out-of-hospital DNR"?
answer
Legally binding; patient's wishes written as a physician order
question
If a patient's family disagrees with a patient's decision, what can they do?
answer
Must apply for temporary guardianship under Texas probate code
question
If you see a DNR device on a patient but have not seen the form, is that enough not to give treatment?
answer
Yes, DNR device is enough
question
Can an incompetent patient revoke their DNR?
answer
Yes
question
Should this form accompany patients on transfers?
answer
Yes
question
What kind of treatment can the power of attorney NOT consent to?
answer
Admission to mental health institution, ECT, psychosurgery, abortion, neglect of minimal treatment (nutrition, hydration, comfort measures)
question
Does the power of attorney have an expiration date?
answer
No, unless specified
question
What happens if on the expiration date the patient is incompetent?
answer
It is continued until patient becomes competent again, then expires
question
Who cannot be the power of attorney?
answer
Principal health care provider or residential care provider or employee of those
question
Does the power of attorney have access to the patient's medical records?
answer
Yes
question
When can you withhold treatment to an infant?
answer
If chronically and irreversibly comatose or terminally ill and further treatment would be futile
question
Can you withhold nutrition/hydration from a terminally ill infant?
answer
No
question
Is the mental health directive an advanced directive act?
answer
Yes, but with differences
question
What are the requirements for mental health directive? What are requirements for witnesses?
answer
Age 18 or not a legal minor, not incapacitated; 2 witnesses both of who cannot be related, beneficiaries, attending physician, or employees of hospital
question
Does a mental health directive have an expiration date?
answer
Yes, 3 years or until revoked
question
What happens if on the expiration date of a mental health directive, the patient is incapacitated?
answer
It continues until competent
question
When can you use restraints? When can you use behavioral measures?
answer
If there is danger of harm to self or others and other measures have failed; never
question
Does the donor have rights of a parent in artificial insemination? Does the husband?
answer
Donor NO, husband YES
question
What prenatal maternal tests must a physician check?
answer
HIV, hepB, syphilis
question
How many times must a physician check prenatal maternal tests?
answer
Twice; upon first examination and on admission for delivery
question
Are prenatal maternal tests confidential and anonymous?
answer
Confidential; anonymous upon request
question
Does the physician have to tell the mother that he/she will do prenatal maternal tests? What if she wants anonymous testing?
answer
Yes, must inform but not specifically consent; if anonymous is wanted must refer patient to anonymous testing center; patient can refuse
question
If prenatal maternal tests are positive, what must the physician do?
answer
Refer for treatment, provide counseling, and provide information about diseases
question
How long does a physician have to keep prenatal maternal test results?
answer
For 9 months
question
What institutions do not need licensing for birthing centers?
answer
Licensed hospitals, nursing homes, and ambulatory surgery centers
question
What does the federal case Roe v. Wade say about abortion?
answer
Abortions are legal
question
Under what circumstance can you perform a third trimester abortion in Texas?
answer
In emergency to save mother's life or if fetus has severe irreversible abnormality
question
After third-trimester abortion, how many days does the physician have to notify the Department of Health?
answer
30 days
question
What is the cut-off gestational age to do an abortion in the office?
answer
16 weeks
question
What specific health risk must you inform the patient about during consent for abortion (4 categories)?
answer
Infection, hemorrhage, infertility, breast cancer
question
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?
answer
Medical assistance, father's liability for support; yes
question
How long before the abortion must you tell patients about risks and economic issues?
answer
24 hours
question
When can you perform an abortion on a minor? Can you do it without calling the parents?
answer
To save mother's life, court order, consent of parents; yes, only court ordered
question
How much time prior to an abortion on a minor must you give notification to parents? If they agree, can you do it earlier?
answer
48 hours; yes
question
What happens if you cannot find a parent to notify of abortion?
answer
Mail certified letter 48 hours prior
question
Is there any way for a minor to have abortion without notifying the parents?
answer
Yes, can petition court if minor is mature, informed and notification may be harmful (abuse)
question
To perform emergency abortion on a minor, what must you do? What kind of form to fill out?
answer
Assure that it is necessary; notify TDDHS on prepared form
question
What facility must be licensed to do abortions in Texas?
answer
If they do > 50/year
question
How often do abortion facilities have to report to the DPH?
answer
Yearly
question
Do abortion facilities' reports include the physician and patient names?
answer
No, neither
question
Can you force a physician to perform an abortion?
answer
No
question
With what and for what do you have to treat all newborns?
answer
Ophthalmia neonatorum, tetracycline, erythromycin, or silver nitrate ophthalmic solution
question
What genetic test must you do on all newborns? How many times? Who can do them? Can the parents object?
answer
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
question
Do hospitals have to give hearing test to all newborns?
answer
Yes
question
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?
answer
From birth until 30 days; up to 2 years of age
question
For what time period must an insurance cover a mother + newborn?
answer
48 hours normal delivery, 96 hours C-section; longer for complicated delivery
question
Who must review immunization history?
answer
Every physician
question
Until when must insurance pay for immunizations?
answer
Up to age 6
question
Who must submit the birth certificate?
answer
Physician, midwife, or person attending birth
question
How many days do you have to submit the birth certificate?
answer
5 days
question
What kind of crime is it if you don't submit a birth certificate?
answer
Misdemeanor
question
What kind of crime is it if you submit false data on a birth certificate?
answer
Felony 3rd degree
question
How old or young must a baby be in order for a care provider to be able to take possession of an abandoned baby?
answer
60 days
question
Can any money transaction be done during an adoption?
answer
Yes; only to cover expenses
question
When is a person considered dead?
answer
Cardiac and respiratory functions cease to exist
question
When is a ventilated person considered dead?
answer
Irreversible cessation of brain function
question
What is the time of death for ventilated people?
answer
At time of determined brain death
question
For your ventilated person, do you pronounce death before or after you turn off ventilator?
answer
Before
question
Who can pronounce somebody dead?
answer
MD, PA, NP, RN
question
Who must file the death certificate?
answer
Person in charge of interment
question
How many days does the physician have to fill it out once it is given to him/her?
answer
5 days for MD to fill out medical portion, 10 days to send in death certificate
question
Do fetuses require death certificates?
answer
If 350 grams or more or 20 weeks or older
question
Sudden infant death syndrome (SIDS) applies to children ages or younger
answer
1 year
question
In SIDS, is an autopsy required?
answer
Yes
question
To whom and how fast must you report SIDS?
answer
To a justice of the peace, medical examiner, or other proper official immediately
question
Who pays for autopsy in SIDS?
answer
State
question
If at the time of death the physician knows that the patient had a communicable disease, what must be done to the body?
answer
Report to TDSHS and tag body to indicate caution required due to communicable disease
question
The death of a child under ____ years must be reported.
answer
6 years
question
Whom do you report it to?
answer
Medical examiner or justice of the peace
question
What must the medical examiner do for the death of a child under 6 years?
answer
Hold inquest
question
How many days must have passed since the person was last seen in order to issue a "certificate of death by catastrophe"?
answer
10 days
question
Can you issue a certificate of death by catastrophe for a minor?
answer
Yes, with affidavit
question
What is the difference between an inquest and an autopsy?
answer
Inquest is investigation only into causes of death, autopsy is postmortem body examination
question
Who does the inquest after the death of a child under 6 years old?
answer
Medical examiner or justice of the peace
question
Who has rights to consent to autopsy? In what order?
answer
Spouse, child, court or guardian, parent, next of kin, any person assuming custody
question
If a person higher in hierarchy is not available, can the next person down consent to autopsy?
answer
No
question
If a member of a class (1 out of 4 children) consents to autopsy but the other 3 do not agree, can they still do the autopsy?
answer
Yes, only one needs to consent
question
What kind of crime is it if you assist in suicide and patient does not die? What if patient dies?
answer
Class C misdemeanor, if patient dies felony
question
How many witnesses do you need to donate an organ if there is no will?
answer
2 witnesses, signed
question
Who has the power to donate the organ of a dead person?
answer
Spouse, child, parent, siblings, guardian, any authorized person
question
How can you revoke an organ gift? Do you have to tell the donee?
answer
Yes; no
question
Can you pronounce the death and transplant an organ in the same patient?
answer
Physician who determines death CANNOT participate in transplantation
question
At what age and how can a mentally retarded person donate a kidney?
answer
Age 12, by petitioning the district court
question
Can a blood bank pay for blood? How? After how many days?
answer
Yes, by mailed check, 15 days after donation
question
What is the duty of a medical professional when treating an adult with family violence? What languages to use?
answer
Duty to treat and provide information (and document that information was provided) in English and Spanish; no need to report
question
Does the physician have to call the police in cases of adult family violence?
answer
No, just inform victim of options
question
What is the difference between a professional and a medical professional?
answer
Medical professional = MD; professional = anybody else, e.g., teacher
question
Reporting of child abuse? By whom? How fast? Can it be delayed? To whom (3 entities)?
answer
Report immediately but MUST be within 48 hours, cannot be delegated; to Texas Department of Protective and Regulatory Services, any law enforcement, Texas Youth Commission
question
Will the TDPRS act on anonymous calls regarding child abuse? Does it satisfy a professional duty to report?
answer
Yes, they will be acted upon but DO NOT satisfy duty to report
question
How much time do professionals and medical professionals have to report the death of a child secondary to suspected abuse?
answer
48 hours
question
What kind of crime is lying in a report on child abuse? Not submitting a report?
answer
State jail felony, misdemeanor class B
question
Who must report nursing home abuse?
answer
Any person
question
Is the report of nursing home abuse verbal or written?
answer
Immediately verbally, written within 5 days
question
What kind of offense is it NOT to report nursing home abuse?
answer
Misdemeanor class A
question
Can the institution retaliate against a whistle-blower in cases of nursing home abuse?
answer
No
question
When and within what time limit must nursing homes report resident deaths?
answer
Within 10 working days
question
Within what time period must nursing home deaths be reported if the resident just transferred to hospital within 24 hours and died?
answer
10 working days
question
Who is considered a child, elderly, or disabled person when talking about a criminal offense for injury of the above?
answer
14 year or younger, 65 or older or disabled older than 14
question
Who is considered "elderly" when living at home?
answer
65 or older
question
What kind of offense is it if you do not report elderly abuse?
answer
Misdemeanor class A; false information class B
question
Can a volunteer report abuse in a hospital, etc.?
answer
Yes
question
Who is considered a mental health worker? Does that include priests?
answer
Social worker, addiction counselor, counselor, marriage therapist, clergy member, physician, psychologist; yes
question
Give definitions for 4 types of sexual contact
answer
Touching, deviate acts, intercourse, request for or suggestion of
question
What is sexual exploitation?
answer
Pattern for purposes of sexual gratification
question
What is therapeutic deception?
answer
Making patient believe it is part of treatment
question
What of the above questions is cause for action?
answer
All-contact, exploitation, deception
question
Is an employer liable for the sexual misconduct of a current or previous worker with a current or discharged or ex-patient?
answer
Yes, if employer has knowledge of past sexual exploitation or fails to inquire over the last five years of employment
question
What is considered "emotional dependence"?
answer
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
question
Is it a defense that the sexual misconduct was consented? Off the premises? Outside treatment sessions?
answer
No, no, no
question
Who are the 2 agencies that should receive a report in cases of sexual misconduct?
answer
State licensing board and prosecuting attorney of the county where the alleged offense occurred
question
When to report sexual misconduct? What offense is failure to report?
answer
Within 30 days; misdemeanor
question
If you are examining a patient with a communicable disease, what is your duty?
answer
Duty to instruct on prevention of reinfection, spread, and necessity to treat
question
Who has to report communicable diseases?
answer
Physician, dentist, veterinarian, chiropractor
question
What sort of situations must be reported?
answer
Documented or suspected infection, exotic diseases, outbreaks
question
Can an employee in the office do the reporting?
answer
Yes, if designated by physician
question
If a physician reports a communicable disease, does the hospital also have to report it?
answer
Yes, both
question
If you treat a patient with a communicable disease that dies, what are your 2 responsibilities and within what time frame?
answer
Report death immediately and put toe tag on
question
What kind of crime is nonreporting communicable disease?
answer
Class B misdemeanor
question
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?
answer
Yes, request TDH
question
Is the police officer, etc., required to be tested himself/herself?
answer
No
question
If an employee is exposed, can the hospital check if the person is harboring an infective agent?
answer
Yes, to HepB, C, HIV
question
What diseases must they test for?
answer
Hep B, C, HIV
question
Do they need the patient's consent?
answer
No
question
Who must report occupational exposure? Does that include labs?
answer
Physicians, labs, health care workers; labs must report abnormal lead levels
question
What occupational exposure must be reported?
answer
Asbestosis, silicosis
question
Do you have to report birth defects?
answer
Yes
question
Which diseases have to be reported immediately?
answer
Diphtheria, measles, anthrax, pertussis, hemophilus, plague, rabies, SARS, smallpox, yellow fever, etc
question
Which diseases must microbiology labs report immediately?
answer
Vancomycin-resistant staph, VRE, HIV, neisseria meningitis
question
Can you make somebody have HIV test? What are the 4 exceptions?
answer
No, unless during pregnancy, criminal proceedings, accidental exposure, consented
question
What kind of crime is it if you force somebody to take an HIV test?
answer
Misdemeanor A
question
Does HIV testing consent have to be written?
answer
No
question
Do you have to sign an HIV consent if you have signed a consent for treatment?
answer
No
question
Do you need consent for lab testing after accidental exposure?
answer
No
question
Does a physician have to contact the partner notification program if a patient is HIV positive and the physician suspects sexual activity?
answer
Yes
question
Can a health care worker with exudative lesions or weeping dermatitis participate in direct patient care or handling of medical equipment?
answer
No
question
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?
answer
No, unless patient has been educated and has sought expert panel
question
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?
answer
No need to inform
question
Can you force rapists to undergo HIV and HepC tests?
answer
Yes
question
Which neoplasm must be reported to the cancer registry?
answer
All
question
Which traumatic injuries must be reported? To whom? Who is responsible to report?
answer
Spinal cord, traumatic brain, anoxia including near-drowning; to TDH; physician
question
Do you have to report overdosing and gunshot wounds? How fast? Who are the 2 people who can report that?
answer
Yes; immediately; by physician or hospital administrator or official
question
What kind of offense is nonreporting of traumatic injuries, overdoses or gunshot wounds?
answer
Misdemeanor
question
What is a "commitment order"?
answer
Court order for involuntary mental health admission
question
Who is considered an "adult" in order to proceed with voluntary psych admission?
answer
16 and over OR anybody who has ever been legally married
question
What are the 3 types of involuntary psych admissions? Who can order them?
answer
Emergency or temporary detention, protective custody; they are court ordered
question
Does being on ETOH, senile, mental retardation, epilepsy constitute grounds to deny voluntary psych admission?
answer
No
question
When you are admitted involuntarily, when can a patient be forced to take psychoactive mediations (3 cases)?
answer
(1) a medication-related emergency, (2) under a court order, (3) patient is a ward and guardian consents
question
Do you need a separate court order to give psychoactive medications in addition to the court order for involuntary admission?
answer
Yes, you need 2 separate court orders
question
Do you need a physician order to put patient in restraints?
answer
Yes
question
When should you consider prescribing psychoactive medications?
answer
Medication emergency—threat to self or others
question
ECT may not be used in people less than ___ years of age. Any exceptions?
answer
16, no
question
Can anyone, including courts, force somebody to have ECT without their written consent?
answer
No, ECT cannot be court ordered
question
How often do you need consent for ECT?
answer
Before each treatment
question
How about people > 65 years of age, who must sign for ECT?
answer
Patient and 2 physicians
question
Can psychiatry hospitals employees' pay be based on # of admissions, length of stay, calls to referring sources?
answer
No
question
Can psychiatry hospitals "guarantee" a cure on advertising?
answer
No
question
Can psychiatry hospitals solicit information about patients' confidential records to solicit them for services?
answer
No
question
Can a physician send a patient directly to psychiatry hospital? Do they have to first get insurance approval?
answer
Yes; no
question
How long is a mental health directive valid for?
answer
3 years or earlier if revoked
question
Does a mental health directive suffice to allow ECT treatment?
answer
Yes, it is considered a prior consent
question
Does Texas have "duty to warn" for mentally-ill patients? Is this breach of confidentiality
answer
Texas does NOT have duty to warn, it IS a breach of confidentiality
question
Can patient refuse mental health treatment after admission?
answer
If they are voluntarily admitted, yes; if involuntarily, no, with court order
question
Who does EMTALA apply to?
answer
Hospitals participating in Medicare
question
What is considered "campus"?
answer
250 yards from ER
question
What 4 places constitute "coming" to the ER?
answer
In hospital-owned ambulance or air transport, or patient is in ER or in hospital requesting ER consultation
question
If an ambulance despite being told that the hospital is on diversion comes to the ER, can you send them away?
answer
No, patient HAS TO BE SEEN
question
Is pregnancy a medical emergency?
answer
No, except for complications and labor
question
Under EMTALA, what MUST a hospital provide?
answer
Medical screening
question
Is it enough to log in or triage the patient?
answer
No
question
Can you delay treatment in order to check insurance? Get pre-approval?
answer
No
question
Can you provide different levels of care based on insurance?
answer
No
question
Can a PA or NP provide the EMTALA required screening?
answer
Yes
question
Does admitting the patient for treatment satisfy EMTALA requirements?
answer
No
question
If patient refuses treatment, does that satisfy EMTALA? What is the appropriate protocol?
answer
Yes; has to be informed of potential dangers
question
If a physician is not available to determine if transfer is necessary, who else can do it? What is required?
answer
PA, NP, RN, other qualified person after consultation with MD
question
Do you have to send medical records when transferring from an ER?
answer
Yes
question
Can you transfer because on-call physician did not show up? What must you do?
answer
Yes; record name and address of physician who did not show up
question
Can a specialized hospital (e.g., burn unit) refuse a transfer because "they are full"?
answer
No, if they have EVER accepted patients before and made room for them
question
How many years must you keep records of patient transfers?
answer
5 years
question
Do hospitals need to keep on-call lists?
answer
Yes
question
Can you do elective surgery when you are on call?
answer
Yes
question
Can on-call physician refuse to show up?
answer
No, only in circumstances beyond his control
question
What are the 3 penalties for hospitals and physicians for violation of EMTALA? What is the maximum damage?
answer
Civil money penalties, termination of provider agreement, civil action. Up to $50,000 per violation ($25,000 for < 100 beds)
question
Can a patient initiate his/her own transfer?
answer
Yes
question
How many people on the Texas Medical board?
answer
19
question
How many MDs on the TMB?
answer
12
question
How many layperson on the TMB?
answer
7
question
How often does the police run a check on physicians?
answer
Monthly
question
How often does the TMB put out reports on physicians?
answer
Every 6 months
question
How many years of postgraduate training to apply for full license?
answer
1
question
If a resident does not show up to begin his training, how many days does the program director have to report that to the board?
answer
30
question
Institutional permit: how many months for initial license? How many renewals? How many months for each renewal?
answer
14 months; 7; 12 months
question
Physician-in-training permit: how many months for initial license? How many renewals? How many months for each renewal?
answer
18 months; 6; 18 months
question
How often do you register your license with the TMB?
answer
Every 2 years
question
How many days prior to expiration of your license does the board notify you?
answer
30
question
How many days after expiration are you considered practicing without a license?
answer
30
question
How many days after expiration is license canceled?
answer
365
question
How many category 1 CMEs per year?
answer
12
question
How many ethics CME credits?
answer
1 yearly
question
How many CME credits can be from volunteering?
answer
6
question
How many CMEs can you carry forward?
answer
48
question
How often must the board give update to all participants in a complaint?
answer
Every 3 months (quarterly)
question
How much time do insurances have to report malpractice to the board?
answer
30 days
question
If disciplinary action is taken by the board, how much time to report to the hospital verbally? In writing? To the NPDB?
answer
Verbally immediately to hospitals on first working day; in writing to all hospitals and agencies within 30 days.
question
How much time to report court reports to the board?
answer
30 days
question
How many malpractice claims in what time frame to trigger board investigation?
answer
3 within 5 years
question
How many people from the board to emergency suspend license?
answer
3
question
How many days does a physician have to file appeal to a board decision? Which county?
answer
30 days; Travis county
question
How soon and how often can you file for reinstatement of a license?
answer
After one year; once a year.
question
Maximum administrative penalty by board? By attorney general?
answer
$5000 per violation; $1000 per violation.
question
How much time to pay an administrative penalty by the board?
answer
30 days.
question
How many days can NPs and PAs prescribe? How many refills? For patients how old?
answer
30 days, no refills; older than 2 years.
question
How many PA equivalents can an MD supervise?
answer
3 full-time employees
question
What percentage of random charts of the PA must the physician review?
answer
10%
question
How far can secondary practice sites be located from primary?
answer
60 miles
question
How many days does board have to give information to requesting hospitals?
answer
15 days
question
How many days do you have to correct changes in your TMB profile?
answer
30 days
question
How many days do you get to review your data the FIRST time the board releases it?
answer
15 business days.
question
How often does a physician have to resubmit his core data if there were no changes?
answer
Once a year.
question
How many days before hospital hearing must a physician be notified?
answer
30 days.
question
A suspension in the hospital must be reported if it lasts for how long? Within what time must it be reported?
answer
More than 30 days; 15 days.
question
Until what age is one considered a minor?
answer
18 years
question
How many witnesses do you need for advanced directive? For verbal directive to physician? For out-of-hospital DNR?
answer
2; 2; 2
question
How many witnesses for a mental health directive?
answer
2
question
How long until mental health directive expires? How long until medical directives expire?
answer
3 years; no limit.
question
How many days does a physician have to give records to patient? Hospital? Attorney?
answer
15 business days; 15 business days; 45 days.
question
How many days does patient have to pay fees for requested records?
answer
10 days.
question
What are the fees for copied records? Postage or not?
answer
$25 for first 20 pages, then 15¢ per page plus postage.
question
How many years must a physician keep records for adults? For minors? From what age?
answer
7 years; 7 years or age 21.
question
How many years must hospitals keep records for adults? For minors? From what age?
answer
10 years; 10 years or 20th birthday.
question
How many days does a hospital have to send itemized bill if requested?
answer
30 business days.
question
What is the economic cap on noneconomic damages in Texas per defendant/claimant?
answer
$250,000
question
How long is the statute of limitations for adults? Minors?
answer
2 years; 2 years from age 18.
question
When must a claimant send a letter, and by how long can he/she extend the statute of limitations?
answer
Within 60 days; extends by 75 days.
question
How many yards from ER is considered campus?
answer
250 yards.
question
How many years must you keep records of transferred patients?
answer
5 years.
question
What is the maximum monetary penalty for a hospital violating EMTALA?
answer
$50,000, $25,000 if < 100 beds.
question
How long do physicians have to keep screening test records from the first visit of a pregnant woman?
answer
9 months.
question
How many days does a physician have to notify the DPS of a third trimester abortion?
answer
30 days.
question
What is the cut-off gestational age for office-based abortions?
answer
16 weeks.
question
How long prior to abortion must you give the woman information on abortion (verbal/written)?
answer
24 hours.
question
How much time prior to abortion must parents of a minor be notified?
answer
48 hours.
question
How many abortions per year make you an abortion facility that must be licensed?
answer
50.
question
How often does licensed abortion facility submit records to TSDHS?
answer
Yearly.
question
How many times must you check newborn for genetic disorders?
answer
2.
question
How long can a mother + newborn stay in the hospital paid by insurance after birth with vaginal delivery/cesarean section?
answer
48 hrs/96 hrs
question
Until when must an insurance pay for hearing screening? Follow-up hearing screening?
answer
30 days; 2 years
question
How many days do you have to submit birth certificate?
answer
5 days.
question
After what age can you take possession of an abandoned baby?
answer
60 days or less
question
How many days does the funeral director have to file death certificate?
answer
10 days
question
How many days does the physician have to fill out death certificate?
answer
5 days.
question
Over what weight must a death certificate be filled out for a fetus?
answer
350 grams.
question
If weight is not known, over what gestational age?
answer
20 weeks.
question
SIDS is for children of less than what age?
answer
12 months.
question
When do you have to report SIDS?
answer
Immediately.
question
Death of a child of what age or younger must be reported to the medical examiner? Within what time frame?
answer
6 years; immediately
question
How many days after catastrophe to get "certificate of death by catastrophe"?Xlibris. Kindle Edition.
answer
10 days.
question
If a patient dies within how many hours of admission must an inquest be ordered?
answer
24 hours.
question
A mentally retarded person of what age can donate a kidney if the guardian petitions the court?
answer
12 years.
question
After how many days can a blood bank pay for blood donation?
answer
15 days.
question
A person older than what age can voluntarily commit self to psychiatry?
answer
16 years
question
How often do private psychiatry hospitals file reports?
answer
Yearly.
question
What age do you have to be to get ECT?
answer
16
question
How often do you renew DEA license? DPS license?
answer
Every 3 years; yearly.
question
How many days to you have to inform the DPS of change in information?
answer
7.
question
How many days of pills can a patient get of schedule 2-5 when discharged from the hospital?
answer
7.
question
How many days to send written prescription to pharmacy of schedule 2 drug?
answer
7.
question
How long is a schedule 2 script valid? How many refills? Schedule 3-5 valid? Refills? Dangerous drugs valid? Refills?
answer
7 days; no refills; 6 months; 5 refills; unlimited; unlimited.
question
How often do you need to do inventory on your drugs?
answer
Every 2 years.
question
How often do you have to register with the board and pay a fee to administer anesthesia?
answer
Every 2 years.
question
How many days do you have to report an office-based anesthesia complication?
answer
15 days.
question
How much time do you have to report a death from communicable disease?
answer
Immediately.
question
How much time to report a gunshot wound?
answer
Immediately.
question
What is the monetary penalty for violation of anti-kickback laws for physicians? Hospitals?
answer
$25,000-$250,000 / $50,000-$500,000.
question
How much time does a physician have to report child abuse?
answer
Immediately; 48 hours in writing.
question
How much time does a professional (not medical professional) have to report child abuse?
answer
48 hours.
question
How much time do professionals/physicians have to report death of a child secondary to abuse?
answer
48 hours.
question
How much time do you have to report nursing home abuse verbally? In writing?
answer
Immediately; 5 days.
question
If a nursing home resident dies after transfer to a hospital, within what time frame must be reported?
answer
24 hours.
question
How much time does the nursing home have to report elderly death?
answer
10 days after the end of the month of death.
question
What are the age limits to consider abuse a criminal offense?
answer
14 or younger, 65 or older; older than 14 and disabled.
