NURSING RNSG 2221\/Jurisprudence BON
study guide
A nurse who contacts a physician to clarify a medication order is
(ANS- fulfilling a duty to keep the patient safe.
A BON investigator in the enforcement division collected evidence that supports
the BON’s formal charges against a nurse regarding violations of the NPA and
board rules. Attempts to notify the nurse via standard and certified mail at the
nurse’s last address of record have been returned to the BON office as being
“undeliverable or not at this address.” Since the investigator has been unable to
communicate with the nurse about the BON’s formal charges, Board Rule 213.16(i)
on Practice and Procedure requires that
(ANS- the case proceed and the board’s charges be deemed to be true.
When the BON considers imposing disciplinary action, it is most concerned with
the nurse consistently
(ANS- acting in the best interest of clients
A nurse quits his job, and submits a written notice at the end of his shift, telling his
supervisor that he will not be back at work the following morning. The supervisor
tells the nurse he has to complete the entire month’s schedule or he will be
committing “patient abandonment,” and will be reported to the BON. This is
(ANS- false. Quitting a job at the end of a shift is not considered “patient
abandonment” by the BON and is not grounds for reporting to, or action by, the
BON.
Which of the following would indicate that an applicant for licensure is likely to
possess the good professional character necessary to hold a nursing license in
Texas?
(ANS- the applicant provides satisfactory evidence that he\/she has not committed
a violation of the Nursing Practice Act or a Board rule<\/p>\n\n\n\n
Which of the following statements correctly reflects Board Rule 217.20 regarding
the Safe Harbor Peer Review?
(ANS- Safe Harbor must be invoked prior to engaging in the assignment or at any
time the assignment changes as long as the nurse believes it places patients at risk
of harm
The identity of a person submitting a complaint against a nurse to the BON is kept
confidential
(ANS- throughout the entire investigation process
A nurse assesses a patient, makes a medical diagnosis of “hypertension,” and
determines which specific anti-hypertensive medication (including dose, route, and
frequency) is appropriate for this patient. The nurse then writes a prescription for
an anti-hypertensive medication and instructs the patient to have it filled at a
pharmacy of her choice.
(ANS- the nurse must be authorized by the BON as an advanced practice
registered nurse with prescriptive authority in a role and population focus
appropriate for the patients being treated
Revisions to the NPA can only occur through
(ANS- bills passed by the Texas Legislature
The Position Statement 15.27 The Licensed Vocational Nurse Scope of Practice on
the board’s website outlines that LVNs have a “directed” scope of practice “under
supervision.” This means that
(ANS- the LVN must have a registered nurse present at all times while they are
providing direct patient care
A nurse providing nursing services to a young child in a home setting asks the
parent to bring the child to the nurse’s home for nursing care. The nurse asks the
parent to keep this arrangement confidential. This could be considered
(ANS- a violation of professional boundaries of the nurse-client relationship<\/p>\n\n\n\n
A nurse is counseled for questioning a physician’s order that made the physician
mad. Which of the following documents on the BON web site best explains why
the nurse was correct to question a physician’s order that the nurse believed could
be harmful to a patient?
(ANS- Position Statement 15.14 Duty of a Nurse in Any Setting
Chart audits find the following practice errors committed by a nurse with observed
impaired behavior at work: NO physician orders for narcotics signed out by the
nurse, and NO documentation that the nurse either administered or wasted the
narcotics. The best decision for the Incident Based Peer Review Committee to
make is that
(ANS- the nurse must be reported to the BON because of the combination of
practice errors with possible practice impairment due to substance use or abuse
A nurse would be fulfilling his or her duty to safeguard patients from harm if the
nurse
(ANS- recognizes that a patient’s condition is deteriorating, acts to stabilize the
patient, and reports the patient’s status to the physician
A person with a history of chemical dependency on controlled substances who
desires to obtain or retain a license to practice nursing may be required to provide
evidence of
(ANS- current sobriety and fitness to practice
A nurse may not be reported to the BON, may not have his or her license
sanctioned by the BON, and may not be suspended or terminated from his or her
employment for either appropriately invoking Safe Harbor or for advising another
nurse of their right to invoke Safe Harbor. These are
(ANS- protections for a nurse who requests a peer review determination
One way the board carries out its mission to protect the public is by
(ANS- ensuring that each nurse is competent to practice safely<\/p>\n\n\n\n
NURSING RNSG 2221\/Jurisprudence Exam
Can a patient successfully sue a doctor if there is no physician-patient relationship?
(ANS- No
If there is no prior physician-patient relationship, are you legally obliged to
respond to a call from a patient for treatment?
(ANS- No
Does being on call give rise to a physician-patient relationship?
(ANS- No
How can one terminate a physician-patient relationship, without abandonment if
there is ongoing treatment?
(ANS- 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?
(ANS- Yes
What is “proximate cause”?
(ANS- 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?
(ANS- Cause-in-fact (but-for test) and foreseeability
Does an expert witness have to be actively practicing medicine?
(ANS- Yes
Does an expert witness have to know standards of care?
(ANS- Yes<\/p>\n\n\n\n
Does an expert witness have to have enough training to express an opinion on
whether standard of care was provided?
(ANS- Yes
Does an expert witness have to be board certified?
(ANS- No, board certified or eqivalent
In a medical malpractice case, are expert witnesses required?
(ANS- Yes, with two exceptions
In a medical malpractice setting, what 2 instances do not need expert testimony?
(ANS- Res ipsa loquitur (e.g., amputation of wrong leg) and negligence per se (a
law was broken)
What are “exemplary damages”?
(ANS- Damages above compensatory designed to punish the defendant and deter
the behavior
Is there a cap to noneconomic damages? How much?
(ANS- $250,000 for physicians, $500,000 for hospitals
Does the cap on noneconomic damage depend on the number of defendants or
claimants?
(ANS- No
What is “proportional responsibility”?
(ANS- Percentage of liability apportioned according to percentage of fault
Can the claimant have part of the proportional responsibility?
(ANS- Yes
If the claimant’s proportionate responsibility is more than what %, he\/she may not
recover damages?
(ANS- If > 50%, no damages awarded<\/p>\n\n\n\n
How long is the statute of limitations for adults? For minors?
(ANS- 2 years; for minors 2 years after becoming 18 years of age
By how much can the statute of limitations be extended and how?
(ANS- File complaint\u2014extra 60-day, notice letter extends statute by 75 days
What is the statute of limitations for wrongful death?
(ANS- 2 years
What is the discovery rule? Give examples.
(ANS- 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?
(ANS- Yes, except gross negligence
Is there immunity from civil action in volunteer care?
(ANS- Yes, except gross negligence
When can a physician be charged with “assault and battery”?
(ANS- Un-consented surgery or examination or when exceeding the scope of the
consent
When can a physician be charged with patient abandonment?
(ANS- Unilateral cessation of treatment when continued treatment is necessary
What is “strict liability”?
(ANS- 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?
(ANS- No, unless the hospital employs the physician<\/p>\n\n\n\n
Who determines in a criminal case if the medical records of a patient should be
released?
(ANS- Judge by inspection
How many days do you have to release medical records to an attorney?
(ANS- 45 days
Can medical records be admitted as evidence in court? What are the requirements?
(ANS- Yes, but only with affidavit
What are schedule 1, 2, 3, 4, 5 drugs?
(ANS- Schedule 1\u2014no known use (e.g., heroin); schedule 2\u2014very addictive
(morphine, cocaine); schedule 3-5\u2014less addictive
What are dangerous drugs?
(ANS- Prescription drugs other than schedule 1-5
How many DEA registrations do you need if you prescribe drugs? dispense drugs?
(ANS- One to prescribe; a separate registration for each location where you
dispense
How often do you renew your DEA license?
(ANS- Every 3 years
Can you move your office location and then change your DEA?
(ANS- No, need to change BEFORE move
Is a DEA registration sufficient to prescribe drugs in Texas?
(ANS- No, also need Department of Public Safety Bureau of Narcotics and
Dangerous Drug registration
How often do you renew a DPS license?
(ANS- Yearly<\/p>\n\n\n\n
Texas Jurisprudence Exam: Chap 1-4
Can a patient successfully sue a doctor if there is no physician-patient
relationship?
(Ans- No
If there is no prior physician-patient relationship, are you legally obliged to
respond to a call from a patient for treatment?
(Ans- No
Does being on call give rise to a physician-patient relationship?
(Ans- No
How can one terminate a physician-patient relationship, without
abandonment if there is ongoing treatment?
(Ans- 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?
(Ans- Yes
What is “proximate cause”?
(Ans- 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?
(Ans- Cause-in-fact (but-for test) and foreseeability
Does an expert witness have to be actively practicing medicine?
(Ans- Yes
Does an expert witness have to know standards of care?
(Ans- Yes<\/p>\n\n\n\n
Does an expert witness have to have enough training to express an opinion
on whether standard of care was provided?
(Ans- Yes
Does an expert witness have to be board certified?
(Ans- No, board certified or equivalent
In a medical malpractice case, are expert witnesses required?
(Ans- Yes, with two exceptions
In a medical malpractice setting, what 2 instances do not need expert
testimony?
(Ans- Res ipsa loquitur (e.g., amputation of wrong leg) and negligence per
se (a law was broken)
What are “exemplary damages”?
(Ans- Damages above compensatory designed to punish the defendant
and deter the behavior
Is there a cap to noneconomic damages? How much?
(Ans- $250,000 for physicians, $500,000 for hospitals
Does the cap on noneconomic damage depend on the number of
defendants or claimants?
(Ans- No
What is “proportional responsibility”?
(Ans- Percentage of liability apportioned according to percentage of fault
Can the claimant have part of the proportional responsibility?
(Ans- Yes
If the claimant’s proportionate responsibility is more than what %, he\/she
may not recover damages?
(Ans- If > 50%, no damages awarded<\/p>\n\n\n\n
How long is the statute of limitations for adults? For minors?
(Ans- 2 years; for minors 2 years after becoming 18 years of age
By how much can the statute of limitations be extended and how?
(Ans- File complaint\u2014extra 60-day, notice letter extends statute by 75
days
What is the statute of limitations for wrongful death?
(Ans- 2 years
What is the discovery rule? Give examples.
(Ans- 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?
(Ans- Yes, except gross negligence
Is there immunity from civil action in volunteer care?
(Ans- Yes, except gross negligence
When can a physician be charged with “assault and battery”?
(Ans- Un-consented surgery or examination or when exceeding the scope
of the consent
When can a physician be charged with patient abandonment?
(Ans- Unilateral cessation of treatment when continued treatment is
necessary
What is “strict liability”?
(Ans- 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<\/p>\n\n\n\n
Are hospitals liable for the actions of a physician?
(Ans- No, unless the hospital employs the physician
Who determines in a criminal case if the medical records of a patient
should be released?
(Ans- Judge by inspection
How many days do you have to release medical records to an attorney?
(Ans- 45 days
Can medical records be admitted as evidence in court? What are the
requirements?
(Ans- Yes, but only with affidavit
What are schedule 1, 2, 3, 4, 5 drugs?
(Ans- Schedule 1\u2014no known use (e.g., heroin); schedule 2\u2014very
addictive (morphine, cocaine); schedule 3-5\u2014less addictive
What are dangerous drugs?
(Ans- Prescription drugs other than schedule 1-5
How many DEA registrations do you need if you prescribe drugs? dispense
drugs?
(Ans- One to prescribe; a separate registration for each location where you
dispense
How often do you renew your DEA license?
(Ans- Every 3 years
Can you move your office location and then change your DEA?
(Ans- No, need to change BEFORE move
Is a DEA registration sufficient to prescribe drugs in Texas?
(Ans- No, also need Department of Public Safety Bureau of Narcotics and
Dangerous Drug registration<\/p>\n\n\n\n
Texas Podiatry Jurisprudence Exam
public communication
(Ans- Any written, printed, visual, or oral statement or other communication
made or distributed, or intended for distribution, to a member of the public
Publication
(Ans- any and all public communications relating to the practitioner’s
practice, including but not limited to, advertisements, announcements,
invitations, press releases, journal articles, periodical articles, leaflets, news
stories, materials distributed by private or by United States mail, and signs
or placards placed in public view or electronic submission
Solicitation
(Ans- a private communication to a person concerning the performance of
a Podiatric service for such a person
supervision
(Ans- responsibility for the control of quality, radiation safety and protection,
and technical aspects of Podiatric radiological procedures utilized in
Podiatric medicine for diagnostic purposes
How many members are on the Podiatric medical examiners advisory
board? Who appoints these members?
(Ans-
-9 members
-the governor
How many members of the Podiatric medical examiners advisory board
must be licensed practicing podiatrists?
(Ans- 6 members who have had at least practiced for 5 years prior to
appointment<\/p>\n\n\n\n
How many members of the Podiatric medical examiners advisory board are
public members? (Ans- 3 members
What does “Texas trade association” stand for
(Ans- a cooperative and voluntarily joined statewide association of
business or professional competitors in this state designed to assist its
members and its industry or profession in dealing with mutual business or
professional problems and promoting their common interest
Can a person be a member of the advisory board if they are requesting
compensation for their activities related to the board or have family
members who are involved with a similar health care board?
(Ans- No
How do members of the advisory board serve their terms?
(Ans- staggered 6 year terms, 3 members expiring on 2\/1 of each ODD
numbered year
What are grounds for dismissal of a member of Podiatric medical
examiners advisory board?
(Ans-
-not qualified
-does not maintain qualifications
-ineligible for membership
-illness or disability which prevents member from completing their duties
-absence from more than half of the regularly scheduled advisory board
meetings w\/o majority vote for excused absence
What is the role of presiding officer?
(Ans- calls meetings, votes before the rest of the board
Who appoints the presiding officer of the Podiatric medical examiners
advisory board?
(Ans- the governor<\/p>\n\n\n\n
What are the duties of the advisory board?
(Ans- providing advice and recommendation to the department on
technical matters relevant to the administration
How many semester hours of undergrad must a candidate for a temporary
residency license complete?
(Ans- 90 semester hours
When does a temporary podiatry license expire?
(Ans- June 30th of every year
How long is a temporary residency license active?
(Ans- 1 year
What is the scope of practice for a temporary license holder?
(Ans- a person in training who is limited by the GPME program for
residency based supervised patient encounters, supervision of which is
designated to protect patients and citizens of Texas
How is a temporary residency license identified in Texas
(Ans- “T” followed by numerals
What document does a resident have to sign in their final year in order to
apply for the podiatry license?
(Ans- memorandum of understanding for conditional issuance Texas
doctor of Podiatric medicine license
How long does a resident have to provide proof of residency completion for
their MOU?
(Ans- 30 days after end of residency graduation<\/p>\n\n\n\n
Texas Jurisprudence Exam – RCP: Respiratory
Care JP Exam for Texas State License
Maintaining your Certificate
(Ans- Every two years (biennially)
available 60-90 days prior to your expiration date
Expired certificate
(Ans- You cannot practice as a respiratory therapist until you receive your
renewal approval form from TMB
Inactive Status
(Ans- applied through the advisory board – must renew inactive certificate
each year for up to five years – if not active after 5years certificate will be
cancelled. Return to active by applying to the board, paying app fee,
verification forms (same as initial list).
Continuing Education
(Ans- must complete 24 total CE hours over the 2-year renewal period; 12
must be in traditional CE courses (live lecture, courses, seminars,
workshops, review sessions, or distance learning) approved by TSRC,
NBRC, or AARC
the board performs randomized audits
CE incomplete or cannot provide proof \/ false reporting
(Ans- You could be subject to discipline by the board
contact information
(Ans- must be updated within 30 days of change via TMB website
Provide the following with renewing
(Ans- Information about any arrests not previously reported to the board;
the number of CE credits completed in the last 2 years; and<\/p>\n\n\n\n
updated practice location and contact information (if not already updated) Texas LPC Jurisprudence Exam: Referral means\u2026 Counseling treatment intervention means\u2026 Colorado Licensure: Colorado Licensure Disposition of records Elderly abuse reporting the following persons may act as intervening professionals to effect a Jurisprudence Practice Exam: Questions & The legal definition of psychotherapy in CRS 12–43-201(9) includes Colorado Mental Health Jurisprudence A person may disclose confidential information when a licensee, registrant, Florida PT Jurisprudence Exam 486.021 (8) : Physical Therapy -chiropractor 460 who sets the fees for status renewal? Jurisprudence Exam The charge nurse is making assignments for the team that consists of a Jurisprudence Exam: Questions & 1) The primary concern of the Physical Therapist and Physical Therapist Colorado Health Insurance Study Guide Proof of Loss provision-Mandatory Uniform Colorado Life & Health Insurance State The commissioner may\u2026 Colorado Accident & health laws state the licensee’s total premiums on controlled business made up more than Colorado Life & Health Insurance Exam -Combination of term and whole life—-TEST Equity-Indexed Life Colorado Health Insurance Exam Proof of Loss provision-Mandatory Uniform NURSING RNSG 2221\/Jurisprudence BONstudy guideA nurse who contacts a physician to clarify a medication order is(ANS- fulfilling a duty to keep the patient safe.A BON investigator in the enforcement division collected evidence that supportsthe BON’s formal charges against a nurse regarding violations of the NPA andboard rules. Attempts to notify the nurse via standard and […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"site-sidebar-layout":"default","site-content-layout":"","ast-site-content-layout":"default","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"","ast-breadcrumbs-content":"","ast-featured-img":"","footer-sml-layout":"","ast-disable-related-posts":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-opacity":"","overlay-gradient":""}},"footnotes":""},"categories":[25],"tags":[],"class_list":["post-118220","post","type-post","status-publish","format-standard","hentry","category-exams-certification"],"_links":{"self":[{"href":"https:\/\/www.learnexams.com\/blog\/wp-json\/wp\/v2\/posts\/118220","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.learnexams.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.learnexams.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.learnexams.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.learnexams.com\/blog\/wp-json\/wp\/v2\/comments?post=118220"}],"version-history":[{"count":0,"href":"https:\/\/www.learnexams.com\/blog\/wp-json\/wp\/v2\/posts\/118220\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.learnexams.com\/blog\/wp-json\/wp\/v2\/media?parent=118220"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.learnexams.com\/blog\/wp-json\/wp\/v2\/categories?post=118220"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.learnexams.com\/blog\/wp-json\/wp\/v2\/tags?post=118220"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
A certificate to practice respiratory care must be renewed every _ year(s). a) 1 b) 5 c) 2 d) 3 (Ans- c) 2 years A respiratory care practitioner certificate which has been on inactive status for _<\/em><\/strong> year(s) will be canceled.
a) 1
b) 5
c) 2
d) 10
(Ans- b) 5 years
Which of the following is true if you fail to renew your certificate prior to
expiration?
a) You must re-apply for your license if it has expired for 30 days or longer
b) You cannot practice respiratory care until you receive your renewal
certificate
c) There is no penalty for this
(Ans- b) You cannot proactive respiratory care until you receive your
renewal certificate
Public Profile
(Ans- Available to the public, must be updated 30 days after change.
Disciplinary actions will be posted to profile after 10 days – arrests will not
be posted
Information Reported to the Board
(Ans- Change of home or business address;
incarceration in a state or federal penitentiary;<\/p>\n\n\n\n
Questions & Answers
Professional Counselors apply\u2026
(Ans- Mental health, psychotherapeutic & human development principles
LPCs facilitate\u2026
(Ans- Human development, life span adjustment; prevent assess, evaluate
& treat mental, emotional & behavioral disorders & distress; conduct
assessments & evals; establish Tx plans & goals; evaluate Tx plans &
interventions.
Counseling is defined as
(Ans- Assisting clients through therapeutic relationship, using combo of
mental health & development principles\/methods & P\/T to achieve mental,
emotional, physical, social, moral, educational, spiritual or career-related
development & adjustment across the life span.
Assessment is defined as
(Ans- Selecting, administering, scoring & interpreting instruments designed
to assess aptitude’s, abilities, achievements, interests, personal
characteristics, disabilities & mental, emotional & behavioral D\/o
What assessments are LPCs NOT able to use?
(Ans- Standardized projective techniques such as Rorschach Ink Blot,
Roberts Apperception Test, Thematic Apperception.
Consulting means\u2026
(Ans- The application of scientific principles & procedures in counseling &
human development to provide assistance in understanding & solving
current or potential problems that the person seeking consultation may
have w\/ another individual, group or organization.<\/p>\n\n\n\n
(Ans- Evaluating & identifying needs of counselee to determine the
advisability of referral to other specialists, informing the counselor of such
judgement & communicating as requested if deemed appropriate to such
referral source.
LPCs are regulated by\u2026
(Ans- Texas Occupations Code Chapter 503 – Professional Counselors
Texas Occupations Code Chapter 503 – Professional Counselors is also
known as
(Ans- Licensed Professional Counselors Act
Texas Occupations Code Chapter 503 – Professional Counselors aka
Licensed Professional Counselors Act does NOT allow for\u2026
(Ans- practice of medicine, law, counseling for government or educational
institutions, counselor interns, federal employees, social workers, pastoral
counselors, public\/private nonprofits, rehab counselors & music therapists.
Does the Texas occupational code have a separate specialization for art
therapy?
(Ans- YES
LPCs are regulated by
(Ans- Texas State Board of Examiners of Professional Counselors
Texas State Board of Examiners of Professional Counselors falls under
(Ans- The Department is State Health Services
Licensed Professional Counselor or Licensed Counselor implies\u2026
(Ans- the person is licensed, trained, experienced or expert in counseling &
engages in any practice of counseling w\/ individuals, couples, families &
groups for compensation.<\/p>\n\n\n\n
(Ans- application of cognitive, affective, behavioral, psychodynamic &
systemic counseling strategies including developmental, wellness &
psychological dysfunction that reflect a pluralistic society.
Can a LPC diagnose or treat a physical condition or D\/o?
(Ans- No
Texas State Board of Examiners of Professional Counselors consists of\u2026
(Ans- 9 members appointed by the governor including 5 LPCs (at least 3 in
private practice & 1 counselor educator) & 4 members of the public.
How long is a Board members term?
(Ans- 6 years w\/ the terms of 3 members expiring Feb 1 of each oddnumbered year
Who adopts & publishes LPC code of ethics?
(Ans- The Board
Who adopts & lists authorized counseling methods & practices?
(Ans- The Board
What 3 places does the Board establish consumers receive info on
directing complaints?
(Ans- 1-written contracts for services, 2-sign prominently displayed in the
place of business & 3-bill for services provided by persons regulated by the
board.
Can the board request the department issue a subpoena to compel the
attendance of a relevant witness?
(Ans- YES<\/p>\n\n\n\n
Exam
Records required to be kept and record retention (DORA)
(Ans- SW must retain record for 7 years from the date of termination. I
Record information on record
(Ansname, phi, referral reason, mandatory disclosure statement.
(5) Dates of service including, but not limited to the date of each contact
with
client, the date on which services began, and the date of last contact with
client;
(6) Types of service;
(7) Fees;
(8) Any release of information;
(9) The records must be prepared in a manner that allows any subsequent
provider to reasonably conclude what occurred;
(10) Name of any test administered, each date on which the test was
administered, and the name(s) of the person(s) administering the
testInformation on each referral made to and each consultation with
another social worker or other health care provider. This information shall
include the date of the referral or consultation, the name of the person to
whom the client was referred, the name of the person with whom
consultation was sought, the outcome (if known) of the referral, and the
outcome (if known) of the consultation;
(12) A final closing statement
Record storage and transfer
(Ans- Need clients consent to transfer and storage must be confidentail and
secure<\/p>\n\n\n\n
(Ans- disability, illness, death, sale or transfer of practice, termination of
practice
Destroying records
(Ans- Only after 7 years, all identifying information
Record Keeping in an agency
(Ans- A social worker need not create and maintain separate client records
if the social worker practices in an agency or institutional setting and the
social worker:
(1) Sees the client in the usual course of that practice;
(2) Keeps client records as required by the agency or institution; and
(3) The agency or institution maintains client records.
Reporting child abuse
(Ans- reasonable cause to know or suspect that a child has been subjected
to abuse or neglect or who has observed the child being subjected to
circumstances or conditions that would reasonably result in abuse or
neglect shall immediately upon receiving such information report or cause a
report to be made of such fact to the county department, the local law
enforcement agency, or through the child abuse reporting hotline system as
set forth in section
Exceptions to reporting abuse
(Ans- Learn of the suspected abuse or neglect until after the alleged victim
of the suspected abuse or neglect is eighteen years of age or older; and
(II) Have reasonable cause to know or suspect that the perpetrator of the
suspected abuse or neglect:
(A) Has subjected any other child currently under eighteen years of age to
abuse or neglect or to circumstances or conditions that would likely result in
abuse or neglect; or
(B) Is currently in a position of trust, as defined in section 18-3-401 (3.5),
C.R.S., with regard to any child currently under eighteen years of age.<\/p>\n\n\n\n
(Ans- n and after July 1, 2016, a person specified in paragraph (b) of this
subsection (1) who observes the mistreatment of an at-risk elder or an atrisk adult with IDD, or who has reasonable cause to believe that an at-risk
elder or an at-risk adult with IDD has been mistreated or is at imminent risk
of mistreatment, shall report such fact to a law enforcement agency not
more than twenty-four hours after making the observation or discovery.
Information to know in the report for elderly abuse
(AnsThe name, age, address, and contact information of the at-risk elder or atrisk adult with IDD;
(II) The name, age, address, and contact information of the person making
the report;
(III) The name, age, address, and contact information of the caretaker of
the at-risk elder or at-risk adult with IDD, if any;
(IV) The name of the alleged perpetrator;
(V) The nature and extent of any injury, whether physical or financial, to the
at-risk elder or at-risk adult with IDD;
(VI) The nature and extent of the condition that required the report to be
made; and
(VII) Any other pertinent information.
Consent for BH for minors
(Ans- Notwithstanding any other provision of law, a minor who is fifteen
years of age or older, whether with or without the consent of a parent or
legal guardian, may consent to receive mental health services to be
rendered by a facility or by a professional person or mental health
professional licensed pursuant to part 3, 4, 5, 6, or 8 of article 43 of title 12,
C.R.S., in any practice setting
The need for continuing hospitalization of all voluntary patients who are
minors shall be formally reviewed at least every two months.
Imminent danger to self or others
(Ans-<\/p>\n\n\n\n
seventy-two-hour hold as provided in subsection (1)(a)(I) of this section:
(A) A certified peace officer;
(B) A professional person;
(C) A registered professional nurse as defined in section 12-38-103 (11),
C.R.S., who by reason of postgraduate education and additional nursing
preparation has gained knowledge, judgment, and skill in psychiatric or
mental health nursing;
(D) A licensed marriage and family therapist, licensed professional
counselor, or addiction counselor licensed under part 5, 6, or 8 of article 43
of title 12, C.R.S., who by reason of postgraduate education and additional
preparation has gained knowledge, judgment, and skill in psychiatric or
clinical mental health therapy, forensic psychotherapy, or the evaluation of
mental disorders; or
(E) A licensed clinical social worker licensed under the provisions of part 4
of article 43 of title 12, C.R.S.
(I) When any person appears to have a mental health disorder and, as a
result of such mental health disorder, appears to be an imminent danger to
others or to himself or herself or appears to be gravely disabled, then an
intervening professional, as specified in subsection (1)(a)(II) of this section,
upon probable cause and with such assistance as may be required, may
take the person into custody, or cause the person to be taken into custody,
and placed in a facility designated or approved by the executive director for
a seventy-two-hour treatment and evaluation.
Electronic psychotherapy
(Ans- It is recommended that the initial therapeutic contact be in person
and adequate to provide a conclusive
diagnosis and therapeutic treatment plan prior to implementing any
psychotherapy through electronic
means. The mental health professional is expected to establish an ongoing
therapeutic relationship
including face-to-face visits on a periodic basis thereafter<\/p>\n\n\n\n
Answers
A doctorate is required for Technical Testing and Advanced Testing under
CRS 12-43-228. True or False?
(Ans- False
The legal definition of psychotherapy in CRS 12-43-201(9) includes testing,
assessment, diagnosis, treatment, and counseling. True or False?
(Ans- True
HIPPA is state law not federal law. True or False?
(Ans- False
Two misdemeanor violations of a mental health law can result in a felony
indictment. True or False?
(Ans- True
Supervisors will be held liable if the supervisee is NOT legally listed with
DORA. True or False?
(Ans- True
Under CRS 27-65-103: Mandatory disclosure statements must be signed
by the legal guardian or the parent of a child under 18 and the
psychotherapist is NOT licensed. True or False? (Ans- True<\/p>\n\n\n\n
understanding unconscious or conscious motivation. True or False?
(Ans- True
Under CRS 12-43-222 DORA regulatory boards can now sanction
psychotherapists for NOT responding to a grievance. True or False?
(Ans- True
The 3 public and 4 professional DORA mental health board members are
appointed by the Governor of Colorado. True or False?
(Ans- True
Both spouses or both partners must sign a waiver to release confidential
information from couple therapy sessions. True or False?
(Ans- True
Because of what the ACA Code of Ethics says; HIV\/AIDS, Hep C, and TB
are exceptions to client confidentiality rules for psychotherapists listed in
the Colorado Mental Health Statute (12-43-218). True or False?
(Ans- False
Confidentiality law does not apply after the client is dead. True or False?
(Ans- False
Duty to warn and duty to protect are:
a) legal and ethical requirements
b) voluntary requirement<\/p>\n\n\n\n
Exam
Disclosure of Confidential Information
(Ans- A licensee, registrant, or certificate holder shall not disclose, without
the consent of the client, any
confidential communications made by the client, or advice given to the
client, in the course of professional employment. A licensee’s, registrant’s,
or certificate holder’s employee or associate, whether clerical or
professional, shall not disclose any knowledge of the communications
acquired in that capacity. Any person who has participated in any therapy
conducted under the supervision of a licensee, registrant, or certificate
holder, including group therapy sessions, shall not disclose any knowledge
gained during the course of the therapy without the consent of the person
to whom the knowledge relates.
A person may disclose confidential information when a client or the heirs,
executors, or administrators of a client\u2026
(Ans- \u2026file suit or a complaint against a licensee, registrant, or certificate
holder on any cause of action arising out of or connected with the care or
treatment of the client by the licensee, registrant, or certificate holder<\/p>\n\n\n\n
or certificate holder\u2026
(Ans- \u2026was in consultation with a physician, registered professional nurse,
licensee, registrant, or certificate holder against whom a suit or complaint
was filed based on the case out of which the suit or complaint arises
A person may disclose confidential information when\u2026
(Ans- \u2026a review of services of a licensee, registrant, or certificate holder
A review of services can be determined by a board or a person or group\u2026
(Ans- \u2026authorized by the board to make an investigation on its behalf
A review of services can be determined by ____<\/em><\/strong><\/em><\/strong>(1) where
the licensee, registrant, or certificate holder practices or the medical staff
________<\/em><\/strong><\/em><\/strong>(2)
(Ans- (1) The governing board of a hospital licensed pursuant to part 1 of
article 3 of title 25; (2) of the hospital if the medical staff operates pursuant
to written bylaws approved by the governing board of the hospital
A review of services can be determined by ______<\/em><\/strong><\/em><\/strong> if the
person has signed a release authorizing the review
(Ans- A professional review committee established pursuant to section 12-
245-212 (1)
A person may disclose confidential information when _____<\/em><\/strong><\/em><\/strong>
a school or the occupants of a school.<\/p>\n\n\n\n
what is Chapter FS 456?
(Ans- Florida Statues, Health Professions and Occupations: General
Provision
What is Chapter FS 486?
(Ans- Florida Statues, Physical Therapy Practice Act
-laws that govern safe practice in PT in Florida
Rule 64B-17
(Ans- Florida Administrative Code, Physical Therapy Rules<\/p>\n\n\n\n\n
486.015: Legislative intent
(Ans- Practice ensures that every physical therapist and physical therapist
assistant practicing meet the minimum safety requirements
456.003: Legislative intent
(Ans- The legislature shall regulate physical therapy to maintain safety and
welfare of the public.
a. The Department of Health and the board CANNOT set unreasonable
standards that would prevent qualified people from entering therapy.
i. CANNOT create regulations that unreasonably affect job
creation\/retention.
where do you find the definition of physical therapy and practice of physical
therapy?
(Ans- 486.021<\/li>\n<\/ul>\n\n\n\n
(Ans- (7 and 8): “Physical therapy” and “physiotherapy” are
interchangeable terms as each refer to the same profession.
486.021 (8): Practice of physical therapy (6)
POC
(Ans- i.A plan of care can be developed and implemented by a physical
therapist, a practitioner of record (physician, chiropractor, osteopathic
physician, dentist, podiatrist), or an advanced registered nurse practitioner.
ii.If the condition is outside the scope of physical therapy the patient is to be
referred to the appropriate professional.
iii.Patients can be seen for 30 days through direct access for a condition
that was not previously assessed by the practitioner of record. After 30
days, the practitioner of record must review and sign the plan of care.<\/p>\n\n\n\n\n
physician as having a condition that requires physical therapy, AND the
physical therapist is treating that condition.<\/li>\n\n\n\n
scope of physical therapy.
iv. A physical therapy practitioner is NOT allowed to perform specific
chiropractic spinal manipulations. Must refer to a licensed chiropractor
practitioner if manipulation is required.
what are the practitioner of record?
458
459
460
461
464
466
(Ans- -physician (medical doctor) 458<\/li>\n<\/ol>\n\n\n\n
-osteopathic physician 459<\/p>\n\n\n\n\n
-podiatrist 461
-advanced registered nurse practitioner 464
486.021: Physical Therapist
(Ans- : a person who is licensed and who practices physical therapy in
accordance with the provisions established by Florida
486.021: Physical Therapist assistant
(Ans- A person who is licensed under the provisions of Florida, and is able
to perform patient-related activities under the direction of a physical
therapist.
486.021: Physical Therapy practitioner
(Ans- physical therapist or a physical therapist assistant.
64B17-6.001 (1): Unlicensed personnel
(Ans- Anyone working\/volunteering in a physical therapy setting, and not
holding a license as a physical therapist or assistant.
who issues physical therapy licenses?
(Ans- 486.021 (3): a. Florida Physical Therapy Board issues physical
therapy licenses
What talks about Licenses; active and inactive status; delinquency?
(Ans- 456.036
A licensee must have what to practice?
(Ans- A licensee MUST have an ACTIVE license to practice
A licensee can choose what when renewing?
(Ans- A Licensee can choose active, inactive, or retired status when
renewing<\/li>\n<\/ul>\n\n\n\n
(Ans- The board sets the fees for both the active and inactive status
renewal.<\/p>\n\n\n\n\n
when can a licensee change their status?
(Ans- Licensee may change licensure status at any time.
An active status licensee choosing inactive status: At the time of renewal
any other time than renewal
(AnsAt the time of renewal: must pay the
-inactive status renewal fee,
-if applicable, delinquency fee, and
-the fee to change licensure status.
any other time than renewal they must pay the fee to change licensure
status
Active status licensees choosing inactive status at any other time than at
the time of license renewal must pay the fee to change licensure status
An active status licensee or an inactive status licensee who chooses retired
status at the time of license renewal must pay the retired status fee
which___?
(Ans- Fee to change to retired status shall NOT exceed $50 at time of
license renewal.
An active status licensee or inactive status licensee who chooses retired
status at any time other than at the time of license renewal must pay
(Ans1) the retired status fee<\/li>\n\n\n\n
Which of the following statements best describes “credentialing” by the
KBN?
(Ans- Dialysis technician training programs are regulated by the KBN and
graduates can apply to be credentialed by the KBN
A newly licensed nurse practitioner begins a job at a health department
clinic staffed by advanced practice nurse practitioners. The clinic provides
low cost or free health care. The job description states that nurse
practitioners can provide prescribed medications to clients, using free drug
samples from pharmaceutical companies. How should the APRN respond
to this job requirement?
(Ans- The nurse practitioner should distribute the prescribed medications
The registered nurse (RN) is providing hospice care in the home of a client
who is in the final stages of dying. The nurse is present when the client’s
heart stops and respirations cease. Who can legally make the declaration
of death in this situation?
(Ans- The RN can declare the client dead, sign the provisional report of
death and release the body to the funeral home
Which task would the registered nurse NOT assign to the licensed practical
nurse?
(Ans- Withdrawal of blood specimen from a central venous catheter
Which of the following nursing tasks would be appropriate for the nurse to
assign to an experienced nurse assistant?
(Ans- Obtain vital signs for a group of stable clients
The nurse is making shift assignments. Which task would be appropriate to
delegate to the unlicensed assistant?
(Ans- To assist the client to get dressed prior to discharge<\/p>\n\n\n\n
registered nurse (RN), a licensed practical nurse (LPN) and several
unlicensed assistants. Which client should be assigned to the LPN?
(Ans- A client with hypertension, diagnosed with suspected angina
The nurse leaves the unit for about 30 minutes to make an important
private telephone call. The nurse does not tell anyone about leaving the
unit. What may be the consequence of the nurse’s action?
(Ans- The nurse can be charged with abandonment
A nurse finds the report printout from the last shift in the bathroom. What
should the nurse do with the papers?
(Ans- Shred the report sheets
Kentucky Nursing Law gives power to the Consumer Protection Branch of
the KBN for which of the following functions?
(Ans- To deny admission to the licensure examination (NCLEX)
In which of the following cases is the nurse’s liability risk the greatest?
(Ans- The nurse who administers an injection prepared by another nurse
A complaint has been filed and an investigation is in process about an
allegation of verbal abuse. What are the implications for practice?
(Ans- The nurse is allowed to maintain employment in Kentucky
Nursing students are discussing the requirements for reporting nurses who
violate the Kentucky Nursing Laws. Which of these statements made by the
students is correct?
(Ans- Complaints can be submitted by anyone.”<\/p>\n\n\n\n
Answers<\/p>\n\n\n\n\n
clients\/patients, but also to protect themselves against adverse actions
(Ans- As long as needed<\/li>\n\n\n\n
may be obtained by the client\/patient for a minimum of _______after the
termination or relocation of practice.
(Ans- 2 years<\/li>\n\n\n\n
(Ans- In a manner that will secure the permanent confidentiality of records<\/li>\n\n\n\n
client\/patient medical records, shall, when terminating or relocating the
practice, notify __<\/strong> of such termination or relocation.
(Ans- All of the client\/patients<\/li>\n\n\n\n
costs:
(Ans- A. For the first 25 pages, the cost shall be $1.00 per page. For each
page in excess of 25 pages, the cost shall be $.25 per page<\/li>\n<\/ol>\n\n\n\n
Assistant is:
(Ans- b. Safety, well-being, and best interest of the patient
2) Supportive Personnel may be utilized to help in the
treatment being provided by a licensed physical therapist or licensed
physical therapist assistant under direct supervision.
(Ans- Unlicensed
3) A Physical Therapist Assistant should not provide services to a patient in
which setting unless the Physical Therapist is readily and physically
available to provide consultation?
(Ans- c. Inpatient or Acute Phase of Injury
4) A Physical Therapist Assistant<\/em> initiate treatment without the
prior assessment and approval of the Physical Therapist.
(Ans- Cannot
5) Conditions and performances which are essential for quality physical
therapy service and patient care are considered:
(Ans- standards
6) It is lawful for any health care provider or any provider of health care
services to offer,
(Ans- A thank you for referring patients<\/p>\n\n\n\n
Mandatory Uniform Provisions
(Ans- Must be included in every individual accident policy, no additional
provisions may be included which otherwise restrict or modify a uniform
provision, designed to protect the insured’s interest
Entire Contract Clause- Mandatory Uniform
(Ans- Includes the policy and provisions, c a copy of the application and
any riders, waivers, or endorsements
Time Limit on Certain Defenses-Mandatory Uniform
(Ans- No statement or misstatement may be contested after 2 years, no
time limit for fraud
Grace Period-Mandatory Uniform
(Ans- Period after premium due date before policy lapse, (7-10-31) 7 days
for weekly premium; 10 days for a monthly premium; 31 days of every thing
else
Reinstatement Provision- Mandatory Uniform
(Ans- Applies to the time frame that an insurer hasn’t paid premium but
wants the policy back, allows insured to reinstate by paying past due
premiums, proof of insurability may be required, sickness begins after 10
days, accidents are covered immediately<\/p>\n\n\n\n\n
Notice of Claim provision-Mandatory Uniform
(Ans- Policy owner must notify Insurer of loss either in writing, in person or
by phone w\/in 20 days.
claim forms provision-Mandatory Uniform
(Ans- The insurer is required to send the insured a claim form within 15
days after notice is received<\/li>\n<\/ul>\n\n\n\n
(Ans- Policy owner has 90 days from date of loss to submit proof of loss to
Insurer; valid claim must be paid immediately upon receipt.
Time of Payment of Claims-Mandatory Uniform
(Ans- Provides for immediate payment of the claim after the insurer
receives notification and proof of loss.
Payment of Claims Provision-Mandatory Uniform
(Ans- Payment of claims to the policyowner unless otherwise specified or
there is an assignment of benefits(required) defines how proceeds are to
be paid out + requirements to initiate death benefit claim
Physical Exam and Autopsy-Mandatory Uniform
(Ans- A provision that allows an insurer, at its own expense, to have an
insured physically examined when a claim is pending or to have an autopsy
performed where not prohibited by law.
legal action
(Ans- Insured must wait 60 days but no later than 3 years after proof of loss
(POL) before legal action may be brought against the isurer
Change of Beneficiary Provision-Mandatory Uniform
(Ans- Stipulates that the policy owner may change the beneficiary at any
time by providing a written request to the insurer, unless the beneficiary is
designated as irrevocable.
Optional Uniform Provisions
(Ans- These provisions are included at the insurer’s option; however, if
used they must conform to the state’s insurance code. These provisions
are designed to protect the insurer.<\/p>\n\n\n\n
Law Supplement Practice Exam
What is the maximum amount the commissioner can fine an insurer for
each violation of a cease-and-desist order?
(Ans- $10,000
When appropriate the commissioner reports a violation of insurance law to
(Ans- The district attorney
A company that has not been authorized to operate in Colorado is known
as
(Ans- A nonadmitted insurer
An insurer that terminates the producers appointment must inform the
commissioner within how many days?
(Ans- 30
All of the following are duties of the commissioner except: a. keeping
records of the insurers that he has examined b. adopting rules and
regulations c. writing insurance laws d. submitting an annual report to the
General assembly
(Ans- See. Writing insurance laws
When an insurer terminates a producer’s appointment, the insurer must
notify
(Ans- The commissioner and producer
An insurance producer who solicits insurance on behalf of an insurer
represents the
(Ans- Insurer<\/p>\n\n\n\n
(Ans- Conduct investigations and subpoena witnesses whenever he
deems it necessary
The commissioner gives approval to an insurer to do business in Colorado
in a certificate of
(Ans- Authority
In Colorado all of the following are considered unfair trade practices except:
a. Misrepresentation b. Rebating c.. Replacement D. Coercion
(Ans- C. Replacement
All of the following are violations of Colorado insurance law except: a.
Charging individuals of the same class different premium rates b. Offering
tickets to a football game as an incentive to purchase a policy c. In forming
a new policy holder that his new policy, if lapsed for nonpayment of
premium, could be reinstated upon reapplication d. Having an arrangement
to sell stock to a person contingent upon the purchase of an annuity
(Ans- C. In forming a new policy holder that his new policy, if lapsed for
nonpayment of premium, could be reinstated upon reapplication
All of the following insurance practices are illegal in Colorado except: A.
Soliciting or procuring insurance without a license B. Paying a fee for
services as an insurance producer to anyone who is not properly licensed
C. Inquiring about an applicant sexual orientation in connection with an
application D. Replacing one life insurance policy with another
(Ans- D. Replacing one life insurance policy with another
How many hours of continuing education must be in courses associated
with the lines of insurance for which the producer is licensed?
(Ans- 18
All of the following are examples of unfair claims settlement practices
except: A. Paying the claim without conducting an investigation B. Denying
a claim promptly but without explaining the coverage or laws on which the<\/p>\n\n\n\n
exam simulator
Which of the following is an example of defamation?
A brochure including an untrue statement regarding a competitor’s ability
to pay claims
A truthful estimate of the dividends
A pamphlet listing a competitor’s financial rating
A verbal statement of a competitor’s complaint ratio
(Ans- A brochure including an untrue statement regarding a competitor’s
ability to pay claims
Which of the following is an example of rebating?
offer of temporary insurance coverage
cancellation of an insurance policy without cause
sale of mass-marketed insurance products
returning a portion of a premium as inducement to purchase insurance
(Ans- returning a portion of a premium as inducement to purchase
insurance
Which of the following is a duty of the Commissioner?
Setting insurance rates
Writing insurance laws
Setting sales quotas
Reviewing and approving license applications
(Ans- reviewing and approving license applications
A license is deemed to be used for controlled business if during any 12-
month period
the licensee wrote more than 10 policies on controlled business
the licensee wrote policies totaling more than $25,000 on controlled
business<\/p>\n\n\n\n
25% of his total premiums
the licensee’s total premiums on controlled business exceeded the total
premiums on all other business
(Ans- the licensee’s total premiums on controlled business exceeded the
total premiums on all other business
In Colorado, which of the following is true regarding the commingling of an
insured’s funds with the funds of the producer?
It is never okay
It is okay with the insurer’s written approval
It is okay if records are kept on the transaction
It is okay with the insured’s written approval
(Ans- it is never okay
Who is not eligible to receive commissions from the sale of an insurance
product?
Corporate executive
General agent
Licensed home office employee
Personal producer
(Ans- corporate executive
Which of the following is an example of a misrepresentation?
Making malicious statements about an insurer
Describing a universal life policy as a security
Returning a portion of a premium as inducement to purchase insurance
Failing to affirm or deny coverage of claims within a reasonable time
(Ans- describing a universal life policy as a security
An insurer that terminates a producer’s appointment must inform the
Commissioner within how many days?
45
55
15<\/p>\n\n\n\n
Traditional Whole Life
(Ans-
-Ordinary (Straight) Life
-Limited-Pay & Single-Premium Whole Life
-Adjustable Whole Life
Ordinary (Straight) Life
(Ans-
-Until 100 or Death, whichever comes first
-Permanent Protection
-Rates & benefits based on law of large numbers (Mortality Rate)
-Guaranteed, tax-deferred interest rate
-Premium level, company’s risk goes down as cash value goes up
-Insurer keeps the cash value if death to offset risk
-Lowest net cost in long run
-Client has access to cash through cash surrender or policy loan
-Rates are per unit of protection (1,000 is 1 unit)—TEST
-Cash value is guaranteed
-Cash value will equal face amount at policy maturity
Limited-Pay & Single-Premium Whole Life
(Ans-
-Premium paying period is shorter
-Cash value still equals face amount at age 100
-20 pay life will be paid up in 20 years PL
-Life Paid up at age 65, will be paid up at 65 LP
-A single premium policy will have an immediate cash value (1-pay life)—
TEST
Adjustable Whole Life—-TEST
(Ans-
-Sold to clients with fluctuating incomes—-TEST<\/p>\n\n\n\n
-Coverage may not be increased without physical exam—TEST
Interest\/Market Sensitive Whole Life Products
(Ans-
-Universal Whole life
-Variable Whole life
-Variable\/Universal Whole life
-Equity-Indexed Life
Universal Whole life
(Ans-
-Guaranteed minimum interest rates
-Extreme flexibility regarding premium PMTs—-TEST
-Most flexible product
-Target premium based on projected earnings
-Option A UL has level death benefits
-Option B UL will pay beneficiary both face amount + cash value
Variable Whole life
(Ans-
-Cash value deposited into a separate account
-Requires FINRA series 6 or 7 to sell
-Used to be called NASD
-Regulated by SEC
-Regulated by FINRA (Financial Industry Regulatory Authority)
-NYSE license not required
-Minimum death benefit (face amount) is guaranteed—TEST
-Has fixed premium—TEST
Variable\/Universal Whole life
(Ans-
-Requires Finra(series 6 or 7) licenses to sell
-Allows client to self-direct cash values into sub-account—TEST
-Flexible premium<\/p>\n\n\n\n
(Ans-
-cash value, where minimum death benefit is guaranteed as well as the
minimum earning on the cash value in the general account
-Securities license is not required
-Fixed Premium
Term Life
(Ans-
-Level Term
-Decreasing Term
-Increasing Term
General Features of Term Insurance
(Ans<\/p>\n\n\n\n\n
-May be converted to whole life at current attained age regardless of health
-May be renewable up to certain age without physical
Level Term
(Ans- Both premium and face amount are level for period of time
Decreasing Term
(Ans-
-Face amount goes down but premium remains the same
-Usually convertible to whole life regardless of health
-Premium stays the same but cost increases as face amount decreases
Increasing Term
(Ans-
-Face amount goes up instead of down
-Allows beneficiary to receive the face amount + premiums or cash values
-Also known as Universal Life option B<\/li>\n\n\n\n
Mandatory Uniform Provisions
(Ans- Must be included in every individual accident policy, no additional
provisions may be included which otherwise restrict or modify a uniform
provision, designed to protect the insured’s interest
Entire Contract Clause- Mandatory Uniform
(Ans- Includes the policy and provisions, c a copy of the application and
any riders, waivers, or endorsements
Time Limit on Certain Defenses-Mandatory Uniform
(Ans- No statement or misstatement may be contested after 2 years, no
time limit for fraud
Grace Period-Mandatory Uniform
(Ans- Period after premium due date before policy lapse, (7-10-31) 7 days
for weekly premium; 10 days for a monthly premium; 31 days of every thing
else
Reinstatement Provision- Mandatory Uniform
(Ans- Applies to the time frame that an insurer hasn’t paid premium but
wants the policy back, allows insured to reinstate by paying past due
premiums, proof of insurability may be required, sickness begins after 10
days, accidents are covered immediately<\/p>\n\n\n\n\n
Notice of Claim provision-Mandatory Uniform
(Ans- Policy owner must notify Insurer of loss either in writing, in person or
by phone w\/in 20 days.
claim forms provision-Mandatory Uniform
(Ans- The insurer is required to send the insured a claim form within 15
days after notice is received<\/li>\n<\/ul>\n\n\n\n
(Ans- Policy owner has 90 days from date of loss to submit proof of loss to
Insurer; valid claim must be paid immediately upon receipt.
Time of Payment of Claims-Mandatory Uniform
(Ans- Provides for immediate payment of the claim after the insurer
receives notification and proof of loss.
Payment of Claims Provision-Mandatory Uniform
(Ans- Payment of claims to the policyowner unless otherwise specified or
there is an assignment of benefits(required) defines how proceeds are to
be paid out + requirements to initiate death benefit claim
Physical Exam and Autopsy-Mandatory Uniform
(Ans- A provision that allows an insurer, at its own expense, to have an
insured physically examined when a claim is pending or to have an autopsy
performed where not prohibited by law.
legal action
(Ans- Insured must wait 60 days but no later than 3 years after proof of loss
(POL) before legal action may be brought against the isurer
Change of Beneficiary Provision-Mandatory Uniform
(Ans- Stipulates that the policy owner may change the beneficiary at any
time by providing a written request to the insurer, unless the beneficiary is
designated as irrevocable.
Optional Uniform Provisions
(Ans- These provisions are included at the insurer’s option; however, if
used they must conform to the state’s insurance code. These provisions
are designed to protect the insurer.<\/p>\n","protected":false},"excerpt":{"rendered":"