TEXAS LPC JURISPRUDENCE LATEST EXAM

TEXAS LPC JURISPRUDENCE LATEST EXAM

ACTUAL EXAM 200 QUESTIONS AND CORRECT

ANSWERS (DETAILED ANSWERS) |ALREADY

GRADED A+

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? - ANSWER- They can tell the name of donor, not disease.

What kind of crime is the unauthorized release of records? - ANSWER- Misdemeanor.

What does the Medical Practice Act regulate? - ANSWER- The practice of medicine by MD/DOs, PAs, and acupuncturists.

Does the MPA apply to emergency assistance if there is NO charge of money? If there is money charged or billed? - ANSWER- No if no charge, YES if money is charged.

How many people are on the TMB? Who appoints them? Who must confirm them?

• ANSWER- 19 members, appointed by the governor, confirmed by the Senate.

How often does the Dept of Public Safety check on physicians and report to the board? - ANSWER- Quarterly.

What is included in the physician profile? - ANSWER- Ethnic origin, CME, years in practice, Medicaid participation, misdemeanors, felonies, malpractice claims

Which malpractice claims should be included? - ANSWER- Any jury awards, liabilities - NOT settlements.

How many CMEs per year? - ANSWER- 24

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? - ANSWER- Yes, within 30 days, except if it would interfere with the investigation. Updates are quarterly. 1 / 4

When is it not illegal to perform a third-trimester abortion? - ANSWER- To prevent another's death or if unborn has irreversible brain damage.

When is it not illegal to perform an abortion on a minor? - ANSWER- In emergency and with court order.

What prescriptions does a physician need to keep records on? Dangerous drugs?Controlled substances? Samples? - ANSWER- Samples and dangerous drugs as part of medical record; for schedule 3-5 records and log; for schedule 2 separate log and records; keep record for 2 years; do inventory on schedule drugs every 2 years.

How many malpractice claims within what time period automatically open a board investigation? - ANSWER- 3 within 5 years.

Is a physician liable for the actions of a NP or PA? - ANSWER- No, unless vicariously liable due to employment.

What requirements exist for prescription for PAs and NPs? - ANSWER- No Schedule 2; maximum 90 days, no refills unless consultation with a physician.

Can NPs and PAs treat children? - ANSWER- Yes, but children less than 2 years only after consultation with a physician.

Who can incorporate in Texas? Can physicians practice through corporations? - ANSWER- Dentists, PT but NOT MD; MD cannot practice through corporation.

Are there any corp that can employ physicians? - ANSWER- Yes, certified Nonprofit Healthcare Corporation (certified by TMB)

What are 5 characteristics of a nonprofit healthcare corporation? - ANSWER- 1) conduct scientific research 2) support education 3) improve capabilities to study and teach 4) deliver healthcare to the public 5) instruct public in medical science, public health

What is barratry? Is it legal? - ANSWER- Contacting prospective patients in attempts to solicit them. It is not legal. 2 / 4

Who is in TSBME? - ANSWER- 9 MDs, 3 DOs, and 6 public members

Who are public members? - ANSWER- Persons in non healthcare business.

First offense for practicing medicine without a license? - ANSWER- Class A Misdemeanour

Second offense for practicing without a license? - ANSWER- 3rd degree felony

What happens if you practicing without a license and it causes physical or psychological harm? - ANSWER- 3rd degree felony

What happens if you practicing without a license and it causes financial harm? - ANSWER- State jail felony

What is a capital felony? - ANSWER- Life or death penalty

What is a first degree felony? (MURDER) - ANSWER- Jail term 5-99 years; fine up to $10,000

What is a second degree felony? - ANSWER- Jail term 2-20 years; fine up to

$10,000.

What is a third degree felony? - ANSWER- Jail term 2-10 years; fine up to

$10,000

What is a class A misdemeanor? (violate MPA, adult) - ANSWER- Fine not to exceed $4,000; Jail no longer than 1 year.

What is a class B misdemeanor? (baby, child) - ANSWER- Fine up to $2,000; Jail up to 180 days

What is a class C misdemeanor? - ANSWER- Fine up to $500.

All felonies and misdemeanors are considered criminal? (T/F) - ANSWER- True

What can be used for CME credit? (3 things) - ANSWER- 1.) Board certification/re-certification 2.)CME from previous licensure period (only 48 hours can be carried forward).

3.) Part time volunteer service in an underserved area. 3 / 4

How many hours of CME are required per year? - ANSWER- 24 hours

If you do not have 24 hours of CME credit in one year, what is an alternative? - ANSWER- If within the preceding 36 months, the licensee becomes Board certified or re-certified How can one terminate a physician-patient relationship, without abandonment, if there is ongoing treatment? - ANSWER- 30 days written notice, must provide for emergency

What is "proximate cause"? - ANSWER- Prove that negligence caused harm and that the cause was not too remote; what is required to a hold a defendant liable in a civil lawsuit

What are the two components of proximate cause? - ANSWER- Cause-in-fact (but-for test) and forseeability

In a medical malpractice setting, what two instances do not need expert testimony?

• ANSWER- Res ipsa loquitur (e.g. amputation of wrong leg) and negligence per

se (a law was broken)

Is there a cap to noneconomic damages? How much? - ANSWER- 250K for physicians, 500K for hospitals

If the claimants proportionate responsibility is more than what %, then he/she may not recover damages? - ANSWER- If >50%, no damages awarded.

How long is the statute of limitations for adults? For minors? - ANSWER- 2 years; for minors, 2 years after becoming 18yo

In a criminal proceeding, is the physician-patient privilege communication confidential? - ANSWER- No, except for mental health and substance abuse records; judicial ruling should be obtained.

What is "therapeutic privilege", when can it be used, who has access to the information, and what is the protocol the physician must follow? - ANSWER- If physician thinks that information would be harmful to the patient, it can be withheld; in writing, copy in the chart; films or tests must be released to patient representative.

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