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Package Deal Bundle For Texas Nursing Jurisprudence Exam, Practice And Assessment Test Questions and Answers Graded A+
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NURSING JURISPRUDENCE AND ETHICS FOR TEXAS NURSES EXAM UPDATED 2023
According to BON Position Statement 15.24 Engaging in Reinsertion of Permanently Placed Feeding Tubes, it would be within the scope of practice for a nurse... [Show More] to replace a gastrostomy tube provided that A. the tube has been in place for 8-12 weeks, the nurse has a physician's order to replace the tube, and the nurse has completed specific competency training to safely replace the tube. B. the tube has been in place for 8-12 weeks, the facility policy allows replacement of a tube with a specific physician's order, and the nurse has not completed the required skills check-off. C. the tube has been in place for 4-6 weeks and the nurse observed a supervisor completed the procedure. D. the tube has been in place 4-6 weeks and the nurse as been determined to be competent in reinserting permanently placed tubes that have an established fistulous tract. - correct answerA. the tube has been in place for 8-12 weeks, the nurse has a physicians to replace the tube, and the nurse has completed specific competency training to safely replace the tube. The BON differs from nursing and healthcare specialty associations since the BON A. lobbies for legislation favorable to the practice of nursing. B. sets criteria for evaluating nursing career ladders. C. offers liability insurance at discounted rates for members D. protects and promotes the welfare of the people of Texas - correct answerD. protects and promotes the welfare of the people of Texas. The Standards of Nursing Practice, Board Rule 217.11 state that the LVN scope of practice includes including doing which of the following with regard to care plans? A. Initiate the development of a comprehensive nursing care plan independently B. May not document on the nursing care plan C. Participate in the modification and development of the nursing care plan. D. Review the nursing care plan only if directed to do so by the physician. - correct answerC. Participate in the modification and development of the nursing care plan. A nurse who contacts a physician to clarify a medication order is A. fulfilling a duty to keep the patient safe. B. likely to detract from a collegial nurse-physician relationship. C. engaging in action that is the duty of the pharmacist. D. not fulfilling nursing tasks with other patients. - correct answerA. fulfilling a duty to keep the patient safe. Nurses often ask the Board about what it means to abandon their patients. Though the Board does not use this term in the rules, what specific portion of Board Rule 217.12, Unprofessional Conduct, provides directions for the nurse regarding job abandonment and conduct that may also be Board-reportable? A. Paragraph (5) B. Paragraph (7) C. Paragraph (12) D. Paragraph (8) - correct answerC. Paragraph (12) Which of the following situations is an example of a nurse MAINTAINING appropriate professional boundaries between the nurse and the client? A nurse A. rewards a patient with a small stuffed mascot of his favorite football team for progress made in rehabilitation. B. responds less frequently to a demanding patient's call light. C. shares personal information regarding her recent bankruptcy because the patient seems genuinely interested. D. is personally attracted to a patient and calls and visits him on her days off "to check on how he is doing." - correct answerA. rewards a patient with a small stuffed mascot of his favorite football team for progress made in rehabilitation. Am advertisement for a "licensed nurse" states the following as routine job responsibilities. "Must work independently without supervision, have expertise in developing nursing care plans, including establishing appropriate nursing diagnoses for assigned patients, and, must be able to complete comprehensive nursing assessments." Based on these responsibilities, this advertisement would require, at a minimum, the nurse to hold a valid A. Advanced Practice Registered Nurse license. B. Physician Assistant license. C. Vocational Nurse license. D. Registered Nurse license. - correct answerD. Registered Nurse license. A nurse is caught stealing narcotics from the automated dispensing machine on the unit and self-injecting these drugs while on duty. The nurse admits that she is chemically dependent. In this situation, the NPA requires A. the nurse be reported to the BON. B. the Peer Review Committee to monitor the nurse's practice. C. the nurse to enroll in the Texas Peer Assistance Program for Nurses (TPAPN). D. a report to law enforcement. - correct answerB. the Peer Review Committee to monitor the nurse's practice. A nurse was reported to the BON by two different employers multiple practice errors. The BON may determine that the nurse's conduct demonstrates a pattern of practice that A. complies with the standard to provide nursing services without discrimination of the client served. B. violates professional boundary regulations because the nurse has two employers C. results in immediate disciplinary action because the second complain validates the first. D. indicates the nurse's continued practice poses a risk of harm and may endanger a client's life, health, or safety. - correct answerD. indicates the nurse's continued practice poses a risk of harm and may endanger a client's life, health, or safety. According to Board Rule 213.29, Criteria and Procedure Regarding Intemperate Use and Lack of Fitness in Eligibility and Disciplinary Matters, a person desiring to obtain or retain his or her nursing license must provide a sworn certificate to the board that he or she has NOT A. had any alcohol within the last five years. B. been under the influence of any alcohol or other illegal substance for the last five years. C. been addicted to or treated for the use of alcohol or any other drug in the last five years. D. been in the hospital for any type of surgery within the last five years. - correct answerB. been under the influence of any alcohol or other illegal substance for the last five years. According to board rule, after a nurse refuses a float assignment and invokes Safe Harbor, the nurse A. should demand that the supervisor must provide a more appropriate float assignment. B. is required to communicate with the supervisor and must accept the assignment as given. C. must accept an alternate assignment even if it still beyond the nurse's scope of practice. D. must collaborate with the supervisor to determine a safe assignment. - correct answerD. must collaborate with the supervisor to determine a safe assignment. When an applicant for a nursing license receives a final conviction for first degree murder, the NPA mandates that the applicant A. will be required to complete an ethics and jurisprudence course annually B. will have to pay $1000 as part of the initial license application process. C. will not be eligible to apply for an initial nursing license until five years after being released from community supervision or parole. D. must provide three letters of reference from law enforcement or parole officers and successful retake the NCLEX exam. - correct answerC. will not be eligible to apply for an initial nursing license until five years after being released from community supervision or parole. A person with a history f a substance use disorder who desires to obtain or retain a license to practice nursing may be required to provide evidence that includes all of the following EXCEPT: A. current sobriety and fitness to practice. B. 45 contact hours of continuing nursing education. C. attendance at Alcoholics Anonymous meetings. D. positive employer evaluations - correct answerC. attendance at Alcoholics Anonymous meetings. A nursing error that contributes to the death or serious harm of a patient A. can be considered a minor incident if the nurse is accountable for his or her practice and understands his or her error. B. can be considered a minor incident if the patent had a do-not-resuscitate order. C. cannot be considered a minor incident, even if the nurse appears to have the knowledge and skills to practice safely. D. cannot be considered a minor incident unless the nurse has a previous pattern of similar nursing practice errors. - correct answerC. cannot be considered a minor incident, even if the nurse appears to have the knowledge and skills to practice safely. A nurse was terminated from three different jobs beause he or she was stealing from staff members. The nurse has no pending criminal issues and no criminal history. Though this activity does not involve patients, it may indicate that A. the nurse will repeat similar conduct and exploit patients who trust the nurse to act in their best interest. B. the nurse only steals from fellow employees and would not steal from unsuspecting and vulnerable patients. C. the nurse will delegate tasks to unlicensed assistive personnel that are beyond their scope of practice. D. the nurse is unable to supervise nursing care provided by other licensed nurses. - correct answerA. the nurse will repeat similar conduct and exploit patients who trust the nurse to act in their best interest. 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 A. the case proceed and the board's charges be deemed to be true. B. the board close the case and take no action if they are unable to locate the nurse. C. the investigator drop the recommended action (sanction) on the nurse's license to a lower level since the nurse has not responded to the formal charges. D. the case be referred to the District Attorney's office for follow-up action. - correct answerA. the case proceed and the board's charges be deemed to be true. The functions of the BON include A. regulating the education, licensure, and practice of nurses in Texas to ensure the safety of the public. B. lobbying members of the Texas Legislature to pass bills that are favorable to nurses C. evaluating student D. advising currently licensed nurses about potential employment opportunities throughout the state. - correct answerA. regulating the education, licensure, and practice of nurses in Texas to ensure the safety of the public. A nurse who commits an error that is a minor incident A. must be reported immediately to the Incident-Based Peer Review Committee or to the BON if there is no peer review at the nurse's place of employment. B. should not under any circumstances be reported to the BON based on just one minor incident. C. must immediately resign from his or her place of employment so that there is no chance of the employment so that there is no chance of the employer alleging a "pattern of nursing practice errors." D. need not be reported to the BON unless the nurse's conduct created a significant risk of physical, emotional, or financial harm to the client. - correct answerD. need not be reported to the BON unless the nurse's conduct created a significant risk of physical, emotional, or financial harm to the client. Which of the following statements correctly reflects Board Rule 217.20 regarding the Safe Harbor Peer Review? A. An employer or supervisor can refuse to allow a nurse to invoke Safe Harbor if they resolve the staffing issues. B. 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 place patients at risk of harm. C. A nurse can invoke Safe Harbor after committing an error that caused patient harm. D. The Chief Nursing Offer (CNO) or Nurse Administrator does not have to assure compliance with the Nursing Peer Review Law or Board Rule 217.20 Safe Harbor Peer Review. - correct answer 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? A. Guideline for Nurses Transitioning to a New Practice Setting. B. Statistics on the number of nurses living in each county in Texas. C. Position Statement 15.14 Duty of a Nurse in Any Setting. D. Guideline for LVN Scope of Practice under Board Rule 217.11 - correct answerC. Position Statement 15.14 Duty of a Nurse in Any Setting. While interacting with the public in a nursing role, each nurse must wear a clearly legible insignia (such as a name badge) that identifies the nurse as A. an employee of the institutional setting. B. a registered nurse or a licensed vocational nurse. C. a member of a professional organization. D. an experienced nurse in the service area. - correct answerB. a registered nurse or a licensed vocational nurse. In a nurse-patient relationship, the most vulnerable patients are those who are A. under anesthesia or sedation. B. wearing a patient or exam gown. C. undergoing chemotherapy. D. using an interpreter. - correct answerA. under anesthesia or sedation. In the NPA, "conduct subject to reporting" includes A. conduct that causes a person to suspect that the nurse's practice is impaired by chemical dependency or drug or alcohol abuse. B. the occurrence of 2 minor incidents within a twelve month period in a facility with no nursing peer review. C. mandatory overtime resulting in sixteen consecutive hours worked. D. a nurse who disagrees with the supervisor over a patient assignment. - correct answerA. conduct that causes a person to suspect that the nurse's practice is impaired by chemical dependency or drug or alcohol abuse. Which of the following resources on the BON web page would assist a nurse in determining his or her scope of nursing practice? A. Disciplinary Action: Individual's Report to the BON. B. Memorandum of Understanding between the BON and the Texas State Board of Pharmacy. C. The continuing competency into sheet. D. Scope of Practice Decision-Making Model. - correct answerC. The continuing competency into sheet. If a nurse has reason to believe a medication order is inaccurate or contraindicated, the Standards of Nursing Practice require the nurse to do all of the following EXCEPT: A. consult with the ordering practitioner to clarify the order. B. give the medication as ordered and document concerns in the medical record. C. tell the ordering practitioner if the nurse decide not to give the medication. D. collaborate with other members f the health care team for more information about the medication and why it was ordered. - correct answerB. give the medication as ordered and document concerns in the medical record. When making nursing assignments to other LVNs and RNs, the Board Rule 217.11 Standards of Nursing Practice, requires the nurse in a supervisory position into consideration all of the following EXCEPT: A. the educational preparation of each licensed nurse. B. the experience of each licensed nurse. C. the state where the nurse was licensed. D. the physical and emotional ability of each licensed nurse. - correct answerD. the physical and emotional ability of each licensed nurse. A person may not practice or offer to practice professional or vocational nursing in Texas unless the person A. graduates from a board-approved nursing educational program in Texas. B. completes at least 500 hours of clinical practice inn his or her nursing educational program. C. demonstrates basic nursing skills on the Nursing Competency Skills List. D. holds a license as required by the NPA. - correct answerD. holds a license as required by the NPA. 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 A. true. The nurse must work the entire currently posted work schedule before he can quit his present job. B. true. It would be "patient abandonment" if the nurse does not complete the current schedule. The nurse could be reported to the BON. C. 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. D. false. The nurse only has to work for two more weeks of the schedule before he can quit. - correct answerC. 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. The BON rules regarding licensure renewal require the nurse to answer eligibility questions concerning which of the following with regard to the previous two-year licensure cycle [Show Less]
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NURSING JURISPRUDENCE TEXAS EXAM UPDATED 2023 ,VERIFIED ANSWERS
Jurisprudence - correct answer The science or philosophy of law Sources of Law - correct answer- Constitutional Law Federal State - Statutory Law F... [Show More] ederal State - Common Law - Administrative Law Criminal Law - correct answer Federal or state government is attempting to deprive an individual of life or liberty for something the law considers an offense against society in general. Civil Law - correct answer Seeks to resolve disputes between private parties, which often results in the payment of money. Different Burden of Proof - correct answer Beyond a reasonable doubt A preponderance of the evidence Tort Law - correct answer A civil wrong that causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act. Types of Torts - correct answer- Negligence - Intentional Torts Assault Battery False Imprisonment - Quasi-Intentional Torts Defamaiton Libel Slander Malpractice - correct answer Negligence committed by a person in his or her professional capacity is malpractice. Also known as professional negligence. Medical and nursing malpractice occur when a doctor or nurse fails to do that which a reasonable, prudent doctor or nurse would do under the same or similar circumstances, or does that which a reasonable or prudent doctor or nurse would not do under the same or similar circumstances. Elements of a Nursing Malpractice Lawsuit - correct answer Duty - the existence of a duty, owed by the nurse to a patient, to conform to a recognized standard of care Breach - a failure to conform to the required standard of care Harm - an actual injury Cause - there must be proof that the injury was caused by the nurse's act or omission Intentional Tort: Assault - correct answer Intentionally placing another in apprehension or fear that they will suffer harmful or offensive contact. Intentional Tort: Battery - correct answer Intentional contact that is harmful or offensive, or creating the apprehension that such contact is imminent. Intentional Tort: False Imprisonment - correct answer Willful detention without consent and without authority of law. Quasi-Intentional Tort: Defamation - correct answer A communication that tends to hold the plaintiff up to hatred, contempt or ridicule, or to cause him to be shunned or avoided. Tarnishing the reputation of someone. Quasi-Intentional Tort: Defamation Types - correct answer Types: Libel - printed or broadcast Slander - spoken Nurse Practice Act - correct answer The practice of nursing is a right granted by a state to protect those who need nursing care. The guidelines of the NPA and its rules provide safe parameters within which to work, as well as protect patients from unprofessional and unsafe nursing practice. The act is a dynamic document that evolves and is updated or amended as changes in scope of practice occur. All states and territories have enacted a NPA Generally, NPAs include: Authority, power and composition of a board of nursing Education program standards Standards and scope of nursing practice Types of titles and licenses Requirements for licensure Grounds for disciplinary action, other violations and possible remedies Rules & Regulations - correct answer The NPA itself is insufficient to provide the necessary guidance for the nursing profession, therefore, each NPA establishes a board of nursing (BON) that has the authority to develop administrative rules or regulations to clarify or make the law more specific. Rules and regulations must be consistent with the NPA and cannot go beyond it. These rules and regulations undergo a process of public review before enactment. Once enacted, rules and regulations have the full force and effect of law. IT IS A NURSE'S RESPONSIBILITY TO KNOW NPA/RULES AND REGULATIONS - correct answer As a nurse in Texas, you have a responsibility to know and follow the Nursing Practice Act and all applicable BON Rules and Regulations relating to your nursing practice. All current BON Rules and Regulations and the Nursing Practice Act can be downloaded from the BON's web site at www.bon.texas.gov Standards of Nursing Practice - correct answer Standards Applicable to All Nurses. All vocational nurses, registered nurses and registered nurses with advanced practice authorization shall: (A) Know and conform to the Texas Nursing Practice Act and the board's rules and regulations as well as all federal, state, or local laws, rules or regulations affecting the nurse's current area of nursing practice. The standards of practice establish a minimum acceptable level of nursing practice in any setting for each level of nursing licensure or advanced practice authorization. Failure to meet these standards may result in action against the nurse's license even if no actual patient injury resulted. Laws & Regulations Regarding Nursing - correct answer- Texas Nurse Practice Act (NPA) - Texas Board of Nursing (BON) Rules & Regulations - BON Position Statements Don't have the force of law, but the Board strongly encourages nurses to choose those position statements applicable to their practice setting and incorporate them into their daily practice to assure patient safety The Texas Board of Nursing (BON) - correct answer Established by passage of the NPA BON empowered by NPA with the responsibility and legal authority for ensuring competent practitioners of nursing. Grants authority to the BON to make the rules and regulations to carry out the act. The Board: - correct answer protects the public from unsafe nursing practice, provides approval for more than 200 nursing education programs, issues licenses to more than 27,000 nurses per year by examination to new graduates and by endorsement to licensees from other states seeking a Texas license, as well as providing nursing practice and education guidance to more than 350,000 currently licensed nurses practicing in the State of Texas. BON Responsibilities & Services - correct answer Licensing qualified practitioners Enforcement - investigating violations of the NPA and initiating appropriate legal action when necessary Establishing minimum standards for educational programs in nursing BON Mission Statement - correct answer To protect and promote the welfare of the people of Texas by ensuring that each person holding a license as a nurse in the State of Texas is competent to practice safely. BON Mission Fulfilled Through - correct answer The regulation of the practice of nursing, and The approval of nursing education programs. Licensure Required - correct answer A person may not practice or offer to practice professional nursing or vocational nursing in this state unless the person is licensed [NPA § 301.251] This section of the NPA establishes the NPA as a practice control act for RNs and LVNs Use of Titles - correct answer Must hold a license to use the title: Registered Nurse or RN Professional Nurse Licensed Vocational Nurse or LVN Any designation that implies that the person is a licensed registered or vocational nurse Clearly Legible Insignia - correct answer When interacting with the public in a nursing role, RNs and LVNs must wear an insignia identifying them as RNs or LVNs [NPA § 301.351] APRNs practicing in an advance practice role must identify themselves with their APRN title BON Rule 217.10(b) requires the nurse's first or last name and licensure level Although the board does not require the inclusion of any other designations, with the exception of the specific authorization of advanced practice nurses, the insignia may not contain information other than: - correct answer(A) the registered nurse or licensed vocational nurse designation; (B) the nurse's name, certifications, academic degrees, or practice position; (C) the name of the employing facility or agency, or other employer; or (D) a picture of the nurse. No More Paper Licenses - correct answer The BON discontinued issuing wallet-sized paper licenses for nurses renewing their licenses beginning September 1, 2008 Paper license certificates are issued for: Graduate nurses who pass the NCLEX® exam and obtain their initial license in Texas; Nurses who hold licenses in other states and are obtaining a Texas license for the first time; and Nurses who receive full licensure as APRNs Licensure Verification - correct answer Employers may verify the licensure status of all nurses seeking employment online or by phone. Renewal of Licensure - correct answer60 days prior to license expiration, the BON will mail a postcard reminder to renew online. This is one of the reasons it is important to keep your contact information up to date! Continuing Competency (TAC Chapter 216) - correct answer Purpose: to ensure nurses stay abreast of current industry practices, enhance their professional competence, learn about new technology and treatment regimens, and update their clinical skills. [TAC § 216.2] All nurses are required to demonstrate continuing competency for renewal of licensure. Methods: Complete 20 hours of continuing education, or Attain, maintain, or renew an approved national nursing certification in the area of practice Nursing Jurisprudence & Ethics - 2 hours [Rule 216.3 (g)] Older Adult or Geriatric Care - 2 hours [Rule 216.3 (h)] Nurse Licensure Compact - correct answer The Nurse Licensure Compact (NLC) allows RNs and LVNs to have one multistate license, with the ability to practice in both their home state and other NLC states. The APRN Compact allows an advanced practice registered nurse to hold one multistate license with a privilege to practice in other compact states. Agreement among states to mutually recognize each others' licenses Texas among first to adopt Premise: current licensure requirements essentially the same from state to state Does not interfere with each state defining scope of practice Only defines requirements to hold license Nurse Licensure Compact - Definitions - correct answer Party states - states who have adopted the compact Home state license - where you permanently reside Remote state - where you practice using multistate privilege (must be a party state) Nurse Licensure Compact - Requirements - correct answer Maintain home state license Adhere to state practice laws of state in which patient is located at the time care is provided Use multistate privilege only in party states Hold home state license in only one party state at a time. Practice in a Non-Party State - correct answer To practice in a state that is not part of the Compact, the nurse must obtain license from the non-party state May concurrently hold a home state license and a license to practice in a non-party state If you live in a non-party state, you must obtain a non-resident Texas license in order to practice in Texas Ethical Conduct - correct answer Year after year, Nursing is recognized as one of the most trusted professions. It is important to maintain that trust, so we can practice efficiently. ...what is good and bad and with moral duty and obligation... Good Professional Character - correct answer Integrated pattern of personal, academic and occupational behaviors which, in the judgment of the Board, indicates that an individual is able to consistently conform his or her conduct to the requirements of the Nursing Practice Act, the Board's rules and regulations, and generally accepted standards of nursing practice including, but not limited to, behaviors indicating honesty, accountability, trustworthiness, reliability, and integrity [TAC § 213.27(a)]. Factors Indicating Good Professional Character - correct answer Distinguish right from wrong; Think and act rationally; Keep promises and honor obligations; Accountable for own behavior; Able to practice nursing in an autonomous role with patients/clients, their families, significant others, and members of the public who are or who may become physically, emotionally, or financially vulnerable; Recognize and honor the interpersonal boundaries appropriate to any therapeutic relationship or health care setting; and Promptly and fully self-disclose facts, circumstances, events, errors, and omissions when such disclosure could enhance the health status of patients/clients or the public or could protect patients/clients or the public from unnecessary risk of harm [ Rule 213.27(b)(2)(A-G)]. Any conviction for a felony or for a misdemeanor involving moral turpitude or order of probation with or without an adjudication of guilt for an offense that would be a felony or misdemeanor involving moral turpitude if guilt were adjudicated [Rule 213.27 (b)(3)]. Any revocation, suspension, or denial of, or any other adverse action relating to, the person's license or privilege to practice nursing in another jurisdiction [Rule 213.27 (b)(4)]. Criminal Behavior Disclosure - correct answer Requirement for criminal history for applicants for a license [NPA § 301.2511]. Requirement for criminal history for renewal of license [NPA § 301.3011]. Disclose: Convictions Deferred adjudications Probated sentences Domestic offenses Professional Boundaries - correct answer The appropriate limits which should be established by the nurse in the nurse/client relationship due to the nurse's power and the patient's vulnerability. Refers to the provision of nursing services within the limits of the nurse/client relationship which promote the client's dignity, independence and best interests and refrain from inappropriate involvement in the client's personal relationships and/or the obtainment of the nurse's personal gain at the client's expense. A zone of patient-centered care is in the center of the professional behavior continuum. This is where the patient interactions should occur for effectiveness and patient safety. Over-involvement with a patient is on the right side of the continuum; this includes boundary crossings, boundary violations and professional sexual misconduct. Under-involvement lies on the left side; this includes distancing, disinterest and neglect, and can be detrimental to the patient and the nurse. Rule 217.11. Standards of Nursing Practice - correct answer Know, recognize, and maintain professional boundaries of the nurse-client relationship Rule 217.12. Unprofessional Conduct - correct answer Misconduct — actions or conduct that include, but are not limited to: (D) Violating professional boundaries of the nurse/client relationship including but not limited to physical, sexual, emotional or financial exploitation of the client or the client's significant other(s) Unprofessional Conduct - correct answer Using fraud or deceit in procuring a license Improperly using a nursing license Impersonating another person in examination Aiding and abetting someone in unlawful practice Failing to cooperate with a lawful investigation Behaving in a threatening or violent manner in the workplace Offering, giving, soliciting, or receiving or agreeing to receive, directly or indirectly, any fee or other consideration to or from a third party for the referral of a client in connection with the performance of professional services. Rule 217.12. Standards of Nursing Practice - correct answer This rule covers standards of nursing practice that apply to all nurses, including RNs, LVNs, and APRNs. This is one rule to know well! Standards of Nursing Practice (cont) - correct answer Know and conform to the Texas Nursing Practice Act and the board's rules and regulations Promote a safe environment for clients and others Know the rationale for and the effects of medications and treatments and correctly administer Accurately and completely report and document Respect the client's right to privacy by protecting confidential information Promote and participate in education and counseling Notify the appropriate supervisor when leaving a nursing assignment Know, recognize, and maintain professional boundaries of the nurse-client relationship Role of LVN - correct answer Directed scope of practice that must be supervised Educated to care for clients with stable and predictable conditions Educated to do hands-on assessments using their senses Role of RN - correct answer Works in both structured and unstructured healthcare environments Responsible for well-being of all patients Functions within the scope of the NPA and Board rules Professional Nursing Only - correct answer Practice independently within NPA and board rules Make nursing diagnosis Develop a nursing care plan Perform comprehensive assessment Evaluate patient response to nursing care Vocational Nursing - correct answer Practice in Planning of Nursing Care Assisting in evaluating patient response to nursing care Perform focused assessment LVN Supervision - correct answer The practice of vocational nursing must be performed under the supervision of a registered nurse, physician, physician assistant, podiatrist, or dentist. Duty of a Nurse in any Practice Setting - correct answer Establishes, through the NPA and Board Rules, that a nurse has a responsibility and duty to a client/patient to provide and coordinate the delivery of safe, effective nursing care. This duty supersedes any facility policy or physician order. Duty to the patient Lunsford v. Board of Nurse Examiners, 648 S.W. 2d 391 (Tex. App.--Austin, 1983) The court in affirming the disciplinary action of the Board, held that a nurse has a duty to the patient which cannot be superseded by hospital policy or physician's order. This landmark case involved a gentleman who arrived to a rural hospital via private vehicle. The gentleman was experiencing severe chest pain, nausea, and sweating—all hallmark symptoms of myocardial infarction (heart attack). Nurse Lunsford was summoned to the ER waiting room by this gentleman's friend. Upon seeing the acute distress the man was experiencing and hearing his symptoms, she instructed his friend to drive the man to the nearest facility equipped to handle heart attack victims. This facility was 24 miles away. The man succumbed to the heart attack 5 miles away from the small hospital. When the Board sought to sanction the nurse's license, the nurse maintained that the ER physician (who never saw the man) told her the man needed to be transported to the larger facility. The facility policy was also to transfer patients experiencing heart attacks (via ambulance) to the larger facility that was equipped to provide the broad range of therapies that might be needed. The court sided with the BON and agreed that the nurse had the knowledge, skills and abilities to recognize the life-threatening nature of the man's symptoms. Because of this knowledge, the court maintained that it was the nurse's duty to act in the best interest of the client by assessing the man, taking measures to stabilize him and t Graduate Nurse - correct answer Supervision for a period of six months, or lesser time, if agreed upon by the newly licensed nurse and the supervising nurse Competence to perform independently should be mutually determined by the new graduate and the supervising nurse and demonstrated and supported by documentation Nurses transitioning back to practice or to new primary practice area - correct answer Should not act as charge nurse for at least six months, unless a lesser time period is agreed upon by the nurse and his/her supervisor, based on the competency of the nurse Six-Step Decision-Making Model - correct answer Tool developed by the BON to assist nurses in making good professional judgments about the nursing tasks or procedures they choose to undertake. Goal is making sure that he/she only accepts those assignments for which the nurse has the education, training, and skill competency 1. Is the activity consistent with the Nursing Practice Act (NPA), Board Rules, and Board Position Statements and or/Guideline? Yes: continue. No: stop. 2. Is the activity appropriately authorized by valid order/protocol and in accordance with established policies and behaviors? Yes: continue. No: stop. 3. Is the act supported by either research reported in nursing and health-related literature or in scope of practice statements by national nursing organizations? Yes: continue. No: stop. 4. Do you possess the required knowledge and have you demonstrated the competency required to carry out this activity safely? "" 5. Would a reasonable and prudent nurse perform this activity in this setting? 6. Are you prepared to assume accountability for the provision of safe care and the outcome of the care rendered? Yes: Perform the activity. No: stop. Delegation - correct answer Authorizing an unlicensed person to provide nursing services while retaining accountability for how the unlicensed person performs the task. It does not include situations in which an unlicensed person is directly assisting a RN by carrying out nursing tasks in the presence of a RN [Rule 224.4 (3)]. RNs may delegate LVNs may supervise The RN is responsible for the evaluation of the delegated task to ensure it was completed and completed correctly [Rule 224.3]. According to the BON website, many find delegation to be a perplexing concept with multiple nuances. The BON created the Delegation Resource Packet to afford RNs clearer direction for delegation in a variety of settings thereby improving the delegation process Criteria for Delegation - correct answer RNs may delegate LVNs may supervise [Show Less]
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TEXAS NURSING JURISPRUDENCE EXAM QUESTIONS AND ANSWERS 2023
Primary resources for state law - correct answer Texas Board of Nursing Nursing Practice Acts Nursing Jurisprudence - correct answer Rules/ Ethics/ Mora... [Show More] ls and how the nurses function in a healthcare setting Texas Nurse Practice Acts - correct answer301 -BON, , defines responsibility for regulating nursing education, licensure and practice 303 -Regulates nursing peer review 304 -Relates to nursing Licensure compact Texas BON Mission Statement - correct answer Protect and promote welfare of the people of Texas by ensuring that each person holding a license as a nurse is competent to practice safely. -Protects the interest of the public Chapter 301 NPA - correct answer How board is appointed General powers/duties License requirements/renewal Practice by holder Reporting violations and patient care concerns Prohibited practices/disciplinary actions Other penalties and enforcement previsions Anesthesia in outpatient settings Corrective action proceeding Board of Nursing - correct answer Represent the people of Texas Can't lobby the legislature Does not regulate practice settings -Licensing -Enforcement Services -Audit of CE -Information Services Professional Associations - correct answer Represent their members Do lobby legislature Efforts to improve work condition/benefit for nurses -Job referral services -Legal Referral -Salary Q -Co-Worker Disputes -Employment issues Licensure and Regulation - correct answer Temporary Permit -GN permit expires in 75 days -When pass/fail NCLEX Renew Online -60 days prior to expiration BON will send card Continuing Education -20 hours in 2 years -Fist time renewal exempt -CE hours in area of practice -Keep records for 4 years Initial Licensure by Examination - correct answer Must submit criminal background check Submit a sworn application fee Verify completion of an approved nursing edu. Pass NCLEX Pass NJE with 75%>, NPA/BON rules, 50Q Disclosure of Criminal Behavior - correct answer Must report any past criminal behavior or pending charges -Minor class C misdemeanors excluded (parking tickets, speeding tickets, jaywalking) Five Categories of Trust by BON - correct answer Honesty Accountability Trustworthiness Reliability Integrity Good Professional Character - correct answer Distinguish right from wrong Think and act rationally Keep promises and honor obligations Be accountable for own behavior Promptly disclose facts that could enhance health of pt. and protect from harm Professional boundaries - correct answer Must recognize/maintain professional boundaries -Do or say nothing that can't be documented Violations -Physical, Sexual, Emotional, Financial exploitation Nursing Peer Review - correct answer Separate from BON review Confidential (incident based or Safe harbor) -Rule 217.19-PR and Whistleblower -Rule 217.20-SH PR and Whistle blower protections Incident Based Peer Review - correct answer Any facility employing 10+ must have one Referral starts with error/incident PR without administrators Fact finding mission Eval. of practice in atmosphere of collegiality Determine if incident merit or should be to BON RN Standards - correct answer Make Nursing Dx Develop nursing care plan Eval. pt response to care Perform Comprehensive assessment Delegate tasks to UAP Practice independently w/in NPA board rules Edu. to care for all pt's stable and unstable LVN Standards - correct answer Participate in planning of nursing care Assist in evaluation pt response to tx Complete focused assessment Implement appropriate aspects of care Practice must be supervised Educated to care for pt. with stable predictable Duty to pt - correct answer Make/accept only assignments that take into consideration safety and commensurate with nurse's educational preparation, experience, knowledge, and physical/emotional ability. Step 1 - correct answer Is the activity consistent with the NPA and BON rules? Step 2 - correct answer Is the activity appropriately authorized? - Valid order? - Current policy exist regarding procedure? - Clarify any questionable orders Step 3 - correct answer Is it supported by nursing research? - EBP Step 4 - correct answer Do you possess the required knowledge and competency to carry out the act? Step 5 - correct answer Would a reasonable and prudent nurse perform this activity in this setting? Step 6 - correct answer Are you prepared to accept the consequences of your actions? Prohibited Delegation Tasks - correct answer Nursing assessments Plan of care Professional Judgement/Intervention Responsibility for initial teaching Medication administration, IV fluids as well -Prohibited in acute care settings -may be delegated in independent living situations Minor Incident - correct answer Conduct that does not indicate the nurses continuing to practice professional nursing poses a risk fo harm to the pt. or other person Exclusion to Minor Incident Rule - correct answer A nurse involved in a MI does not need to reported to BON unless... -Creates sig. risk fo physical, emotional, financial harm -Lacks a conscientious approach for accountability -Lacks knowl. and compet. and not easily remedial -Pattern of multiple minor incidents -5 minor incidents in a 12 month period must be reported to peer review NEVER a Minor Incident - correct answer Error contributed to pt. death/serious harm Criminal conduct Serious violation (theft, faud, pt. abuse, exploiting) Impairment/suspected impairment by chem. dep. IBPR Due Process Rights - correct answer Facility must have policies in place for PR PR committee must comply with req. Nurse must receive notice/ opportunity to review documents/submit a response Nurse may hire own attorney Nurse will get feedback after decision Nurse will have a chance to respond Safe Harbor Peer Review - correct answer Allows a nurse to accept an assignment and provide best care without fear of licensure action if there is a practice error. -Does not protect civil rights -Before refusing assignment must recog. pt is 1st May refuse an assignment if lack basic knowledge/ability to render care Safe Harbor - correct answer Must be invoked BEFORE care given Or anytime assignment has changed and pt may be in harm -Must notify in writing -Supervisor can't refuse -May use quick req form to make initial req. -Comprehensive request must be completed before leaving work setting Quick Request Form - correct answer Written on blank piece of paper but must include -Name/Signature -Date/Time of request -Location of where it is to be completed -Name of person making assignment -Brief explanation of why safe harbor is being req. Chain after Safe Harbor Nurse completion - correct answer Nurse supervisor/administrator who gave assignment. Nurse administrator Peer Review Committee Physician who reviews med reasonableness Nurse administrator who reviews PR findings Nurse who initiated request Mandatory Overtime - correct answer Making you work extra shifts, you have the right to refuse. NOT when -Emergency disasters -Ongoing procedure requires nurses presence -Certain emergencies Take Mandatory Overtime Concerns to - correct answer Unit manager Staffing Committee DSHS-if not addressed internally Nurses duty is always - correct answer In the best interest of the patient Patient Abandonment - correct answer NPA/BON do not define abandonment -leaves employment-employment issue -leaves patient-licensure issue Not abandonment - correct answer Resignation without notice- assuming shift has been completed Refusal to work additional shifts either doubles or extra shifts on days off Floating to an unfamiliar area - correct answer Always responsible for providing safe patient care May request training prior to having to float May invoke safe harbor May refuse assignment What do I do if I question safety of assignment - correct answer1st- clear about what you are being asked to do 2nd- consider what can change during assignment 3rd- state concern to person making assignment, brainstorm ways to modify 4th- Listen to response Disciplinary Action - correct answer Chemical Dependency Alcohol Dependency Mental Illness Even some prescription drugs Red Flags - correct answer Lack of energy Frequent absences Spike in pt. need for pain meds Lateness to work Red Eyes No/unusual documentation Frequently stands behind other nurses signing out meds Unprofessional Conduct - correct answer Drug Diversion Unsafe practice Failure to pay student loans Dismissal peer assistance program Drug related actions Criminal conduct Board process for investigating complaints - correct answer Nurse notified of investigation and invited to respond Investigator gathers and reviews evidence Decision made by board Nurses's responsibility during investigation - correct answer Respond promptly to all requests Keep contact information current Feel free to contact investigator Do not ignore any mail from BON Types of Nurse Remediation - correct answer Remedial education -Classes specific to issue [Show Less]
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TEXAS JURISPRUDENCE EXAM 2023 UPDATED-VERIFIED ANSWERS
Facts about the Exam - correct answer2 hours long Must pass with 75% Minimum of 50 questions Topics covered on the exam - correct answer Nursing Licen... [Show More] sure and Regulation in Texas Nursing Ethics Nursing Practice Nursing Peer Review Disciplinary Action The Mission of The Board of Nursing - correct answer To protect the People of Texas How does BON fulfill its mission? - correct answer1. Makes sure that RNs are competent 2. Regulates the practice of nursing and approves of nursing education programs 3. Makes their mission a priority over anything else pertaining tol nursing What can BON do? - correct answer1. Represent the people of Texas 2.Ensure that RNs meet the standards of safe practice What can professional Associations do? - correct answer1. Represent their members in legislative, political, and policy matters 2. Provide leadership opportunities for members 3. Can lobby True or False: The Board of Nursing can lobby in legislation. - correct answer FALSE. The BON cannot lobby, but nursing associations can. The Board of Nursing is a resource for nurses but not a representative for nurses. True or False: The Board of Nursing regulates practice settings and answer questions about employment. - correct answer FALSE. The BON does not answer questions about employment , so ask appropriate questions to the correct hospital. The BON also does not regulate practice settings; it regulates nurses through their rules and requirements. NPA 301.251 - correct answer You cannot call yourself a nurse or practice in Texas without a license NPA 217.10 - correct answer Items required to be on your name badge 1.First name 2.Last name 3.Credentials Temporary Permit Expires - correct answer1. In 75 days 2. When you pass or fail NCLEX 3. For people who are already licensed, temporary licenses expire after 120 days Benefits of Paperless Licenses - correct answer They are safer and more effective. Less likely to have identity fraud. Continuing Education - correct answer RNs must submit verification of 20 hours of CE in the 2 years prior to licensure or reactivation of delinquent license. How many hours of CE's must and RN submit? - correct answer20 hours within the 2 years prior to licensure or reactivation of delinquent license True or False: Certification can count towards CE's. - correct answer True; RN's must maintain or renew their approved national nursing certification Rule 216 - correct answer Continuing Competency NPA 304 and Rule 220 - correct answer Nurse Licensure Compact Benefits of Nursing Compact - correct answer increases nurse's mobility and facilitates innovative and cooperative healthcare Nurse Licensure Compact States - correct answer Texas New Mexico Arizona Utah Colorado Idaho Minnesota North Dakota South Dakota Nebraska Iowa Wisconsin Missouri Arkansas Mississippi Tennessee Kentucky North Carolina South Carolina Virginia Delaware Maryland Rhode Island New Hampshire Maine What does a person need to report about their criminal record? - correct answer pending criminal charges or anything beyond a class C misdemeanor True or False: Falsifying information to BON can be more damaging than the actual criminal behavior. - correct answer True; Inform BON of your misconduct instead of hiding it Categories of Trust - correct answer Honesty, Accountability, Trustworthiness, Reliability, and Integrity Integrity - correct answer Taking responsibility for actions and inactions What is the the highest level of responsibility of the nurse? - correct answer duty to the patient Boundary Violations - correct answer Flirtations, selective communications, "You and me against the world", secretive behavior Rules 217.12 Professional Conduct - correct answer Using fraud or deceit in getting a license inappropriately using nursing license Impersonating another person in examination Aiding and abetting someone in unlawful practice [Show Less]
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TEXAS JURISPRUDENCE EXAM WITH VERIFIED ANSWERS
How many days do you have to inform the TMB of a case of child abuse/neglect - correct answer48 hours How many days do you have to inform the TMB in iss... [Show More] uing a birth certificate - correct answer5 days How many days do you have to inform the TMB of issuing a death certificate? - correct answer10 days How many days do you have to report to the TMB in the case of most communicable diseases? - correct answer7 days ( 1 day for TB or pertussis) How many days do you have to inform the TMB about supplying medical records? - correct answer15 days How many people compose the Texas Medical Board? - correct answer19 ( 12 physicians, 9 MD, 3 DO) 7 are laypersons for 6 year terms The Texas Medical Board is responsible for - correct answer Issuing licenses and all the of the disciplinary actions associated with taking them away What is the Texas Medical Practice Act? - correct answer Everything doctors must adhere to hen practicing medicine in Texas. And all laws only apply to Texas licensed physicians while practicing in Texas, or outsiders providing telemedicine services to patients in Texas What doctors are excluded from the Texas Medical Practice Act - correct answer Podiatrists, dentists, optometrists, nurses, or medical students. Non-compensated emergency care is also exempt (covered by the Good Samaritan Law) What is the license criteria? - correct answer Complete college (60 credits), have an MD or DO, Pass the USMLE steps 1-3 (within the past 7 yrs) and the JP exam, complete your intern year Any U.S. trained graduate finished with the steps an apply for a full Texas medical license after completing their - correct answer Internship Corollary - correct answer If you quit your residency after internship, you can still practice s a fully licensed physician in Texas (though not board certified in a specialty) Corollary 2 - correct answer Naturopathic doctors, podiatrists, optometrists, chiropractors, dentists, are not licensed by the TMB and have their own governing bodies and rules 2 years - correct answer After how many years do you renew your license? No fine - correct answer What happens if you ware late by less than 30 days? What happens if your license is expired for more than 30 days? - correct answer$75 fee What happens if your license expires after 365 days? - correct answer$145 You must reapply and pay the fees again - correct answer What happens if your license is expired for more than a year? You have to reapply for the license and retake the JP exam - correct answer What happens if your license is expired for more than 2 years or longer? You are practicing medicine without a license and committing a third degree felony - correct answer What if you still continue practicing 30 days after? Continuing Medical Education (CME) - correct answer Every 24 month period, out need 48 hours of CME's What do these CME's consist of? - correct answer1/2 formal, 1/2 informal ( self reported like " i read a journal, volunteering at an underserved area, must also include 2 hours of education ethics/ professional responsibility 30 days - correct answer How many days do you have to let the board know of any name and practice changes? The ability to take care of patients - correct answer What is physician competency measured by? By a hospital - correct answer How can competency be relevant to credentialing ? DO's not being MD's, punishing a physician for working at other hospitals, only accepting certain insurances, ONLY COMPETENCY - correct answer A hospital cannot discriminate against Mid levels (PA's, NP's) - correct answer Hospitals require credentials from DO's and MD's, but hospitals are not required to accept/hire The TMB - correct answer If the governing body of a hospital is forced to take action against a physician that affects the privileges or longer than 30 days, who must be notified? No, but you do need a special Texas telemedicine license - correct answer Do you need a full Texas Medical license to practice telemedicine in Texas? Taking the JP exam, license is in good standing in another state, board certified in your specialty, not actually physically or acting in the state of Texas - correct answer What does the Texas telemedicine license include? OK,AR, LA, NM can order home health me hospice services for patients in Texas without a special telemedicine license - correct answer What are some contiguous states for telemedicine? Yes (usually applies to radiologists) - correct answer Do you need an additional license to transport, produce, use radioactive materials? No -fault no-lawsuit system for the payment of work related injuries, the employee will get money regardless of whose fault it was, where any doctor can perform a visit be you need a certificate of registration and be on he approved by the Texas Department of Insurance list to be evaluated - correct answer What is worker's comp? Resident practice under a physician in training (PIT) and institution specific - correct answer What is the Pit permit? Apply or a new PIT permit 90 days before switching - correct answer What if you change your residency location (for example, one hospital and advanced position to another you would need to Yes, only if you are in good standing and having no suspensions, restrictions, or felony charges - correct answer Will the TMB accept another state's medical licensure without requiring additional action? No, they must be admitted under a DO or MD - correct answer Can podiatrists admit patients? [Show Less]
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TEXAS LPC JURISPRUDENCE EXAM WITH GRADED A+ ANSWERS
Professional Counselors apply... - correct answer Mental health, psychotherapeutic & human development principles LPCs facilitate... - correct answer Hu... [Show More] man 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 - correct answer 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 - correct answer 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? - correct answer Standardized projective techniques such as Rorschach Ink Blot, Roberts Apperception Test, Thematic Apperception. Consulting means... - correct answer 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. Referral means... - correct answer 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... - correct answer Texas Occupations Code Chapter 503 - Professional Counselors Texas Occupations Code Chapter 503 - Professional Counselors is also known as - correct answer Licensed Professional Counselors Act Texas Occupations Code Chapter 503 - Professional Counselors aka Licensed Professional Counselors Act does NOT allow for... - correct answer 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? - correct answer YES LPCs are regulated by - correct answer Texas State Board of Examiners of Professional Counselors Texas State Board of Examiners of Professional Counselors falls under - correct answer The Department is State Health Services Licensed Professional Counselor or Licensed Counselor implies... - correct answer the person is licensed, trained, experienced or expert in counseling & engages in any practice of counseling w/ individuals, couples, families & groups for compensation. Counseling treatment intervention means... - correct answer 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? - correct answer No Texas State Board of Examiners of Professional Counselors consists of... - correct answer9 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? - correct answer6 years w/ the terms of 3 members expiring Feb 1 of each odd-numbered year Who adopts & publishes LPC code of ethics? - correct answer The Board Who adopts & lists authorized counseling methods & practices? - correct answer The Board What 3 places does the Board establish consumers receive info on directing complaints? - correct answer1-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? - correct answer YES Are formal charges by the board against the holder of the license confidential? - correct answer No, the nature of charges, disciplinary proceedings & final disciplinary actions including warnings & reprimands by the board are subject to disclosure. Does an LPC have to display their license? - correct answer Yes, in an appropriate in public manner. How frequently does an LPC have to renew their license? - correct answer Biennially w/ no violations of the chapter & w/ appropriate continuing education requirements met. When does the board notify an LPC that the license is expiring? - correct answer No later than the 30th day before the expiration date of the license. What happens when a license has been expired for one year or more? - correct answer A new license can be obtained by complying with the requirements & procedures for obtaining an original license. When is an LPC subject to disciplinary action by the board? - correct answer1-violates the chapter, rule or code of ethics; 2-commits an act for which the license holder is liable under the civil practice and remedies code; 3-is legally committed to an institution because of mental incompetence from any cause; 4-directly or indirectly offers to pay or agrees to except remuneration to or from any person for securing or soliciting a patient or patronage. If an LPC is subject to disciplinary action the board can... - correct answer1-revoke or suspend the person's license; 2-refuse to renew the persons license; 3-suspend the persons license and place the person on probation with the license suspension probated; 4-Reprimand the person. Is the license holder entitled to a hearing before a sanction is imposed by the board? - correct answer Yes, conducted by the State Office of Administrative Hearings. Can a license be suspended temporarily without notice or a hearing? - correct answer Yes, if the evidence or information presented that continued practice by the license holder would constitute a continuing an eminent threat to the public welfare. Can the board order a license holder to pay a refund to a consumer? - correct answer Yes, as a result of an informal settlement conference or in addition to imposing administrative penalty. It may not exceed the amount the consumer paid to the license holder for services. What is considered a criminal offense under the board regulations? - correct answer1-engaging in the practice of professional counseling without holding a license; 2-representing the person by the title "License Professional Counselor" or "Licensed Counselor" without holding a license; 3- representing the person by the title "Licensed Professional Counselor Art Therapist," "Art Therapist," or by the initials "LPC-AT" or "AT." What is the amount of administrative penalty imposed by the board? - correct answer May not be less than $50 or more than $5,000 for each violation. each day a violation continues or occurs is a separate violation for the purpose of imposing a penalty. What is the amount of administrative penalty based on? - correct answer1-The seriousness of the violation; 2-economic harm caused; 3-history of previous violations; 4-amount necessary to deter future violations; 5-Efforts to correct the violation; 6-any other matter that Justice may require. How will the department notify an LPC if a violation is reported? - correct answer The department will give written notice of the violation including 1-brief summary of the alleged violation; 2-amount of the administrative penalty recommended by the department; 3-information of the person's right to a hearing on the occurrence of the violation, the amount of the penalty or both. How long does person have to respond after receiving the notice of violation and penalty? - correct answer Within 10 days after the date the person receives the notice. Can respond w/ 1-accepting the determination & penalty of the department; or 2-make a request for a hearing on the occurrence of the violation, the amount of the penalty or both. What are decisions the board may give regarding a violation? - correct answer1- violation occurred and impose in administrative penalty; or 2-violation did not occur. What are an LPC's options following the board's decision on a violation? - correct answer To pay or appeal. Within 30 days after the date of the board's order becomes final a person can 1-pay the administrative penalty or 2-file a petition for judicial review contesting the occurrence of the violation, the amount of the penalty or both. What happens if the person does not pay the administrative penalty? - correct answer The attorney general may sue to collect the penalty. True or false? A licensee shall not make any false, misleading, deceptive, fraudulent or exaggerated claims or statements about the licensees services. - correct answer TRUE A false, misleading, deceptive, fraudulent or exaggerated claim/statement could include (but not limited to)... - correct answer1-effectiveness of services; 2- licensee's qualifications, capabilities, background, training, experience, education, professional affiliations, fees, products or publications; 3-The practice or field of counseling. True or false? A licensee shall not make false or misleading claims/statements about services of mental health organizations or agencies effectiveness of service, qualifications or products. - correct answer TRUE True or false? A licensee shall discourage a client from holding exaggerated or false ideas about the licensees professional services. - correct answer TRUE True or false? A licensee does NOT have to take action to correct false or exaggerated ideas held by a client if the licensee learns of this. - correct answer FALSE, licensee shall take immediate & reasonable action to correct false ideas held by client. True or false? A licensee has to make reasonable efforts to discourage others from making misrepresentations, exaggerated or deceptive claims about the licensee's practice or services. - correct answer TRUE, and the licensee shall take immediate and reasonable action to correct the statement. True or false? A licensee can provide counseling anywhere anytime and in any way. - correct answer FALSE, a licensee can provide counseling only in the context of a professional relationship regardless of setting. What does a licensee have to provide in writing to an individual before counseling services begin? - correct answer1-fees and arrangement for payment; 2-counseling purposes, goals and techniques; 3- any restrictions placed on license by the board; 4-limits of confidentiality; 5-any intent of the licensee to use another individual to provide counseling treatment intervention to the client; 6-supervision of the licensee by another licensed healthcare professional; 7-name address and telephone number of the board for the purpose of reporting violations; 8-plan for the custody and control of the individual's mental health records in the event of the licensee's death, incapacity or termination of the licensee's counseling practice. Can the licensee inform the client verbally of any changes to the counseling agreement? - correct answer No, clients must be informed of changes in WRITING prior to initiating changes. Can technological means of communication be used to facilitate the therapeutic counseling process? - correct answer YES, interactive distance counseling can be used and must adhere to each provision of the rules and statutes of the board. Can a licensee knowingly offer to pay or agree to accept any remuneration for securing or soliciting clients or patronage for or from any health care professional? - correct answer NO, no remuneration/ kick-back can occur directly or indirectly, overtly or covertly, in cash or in kind, to or from any person, firm, association of persons, partnership, corporation or entity to the licensee. Can a licensee engage in activities for the licensee's personal gain at the expense of a client? - correct answer NO Can a licensee engage in activities, services or product sales with a client? - correct answer Yes, if such activities, services or products are to facilitate the counseling process or help achieve the client's counseling goals. The licensee must first inform the client of the licensee's personal and/or business interest in the activity prior to engaging in the activity/sale. Can a licensee exert undue influence in promoting activities, services or products for which the licensee has personal and or business interest? - correct answer NO True or false? A licensee must set and maintain professional boundaries. - correct answer TRUE True or false? non-therapeutic relationships with clients are prohibited. - correct answer TRUE A non-therapeutic relationship is defined as... - correct answer Any non-counseling activity initiated by either the licensee or the client that results in a relationship unrelated to therapy. How many years have to pass before a licensee may engage in a non-therapeutic relationship with a client? - correct answer More than 2 years after the end of the counseling relationship and the non-therapeutic relationship is consensual, not the result of exploitation by the licensee and is not detrimental to the client. How many years must pass before a licensee may engage in sexual contact with a client? - correct answer More than 5 years after the end of the counseling relationship and the non-therapeutic relationship is consensual, not the result of exploitation by the licensee and is not detrimental to the client. For non-therapeutic and sexual relationships with clients, does the licensee have to demonstrate there is no exploitation and no harm to the client? - correct answer YES Can a licensee provide counseling service to previous or current family members, personal friends, educational associates or business associates? - correct answer NO Can a licensee give or except a gift from a client or a relative of a client valued at more than $50? - correct answer NO True or false? A licensee can borrow or lend money or items of value to clients or relatives of clients and except payment in the form of goods or services rendered by client or relative of a client. - correct answer FALSE True or false? A licensee can offer and provide counseling to an individual concurrently receiving counseling treatment intervention from another mental health counselor without informing the other counselor. - correct answer FALSE, licensee should request release from the client to inform the other professional striving to establish positive and collaborative professional relationships. Yes or no? A licensee may take reasonable action to inform medical or law-enforcement personnel if the licensee determines that there is a probability of eminent physical injury by the client to the client or others or there was a probability of a media mental or emotional injury to the client. - correct answer YES Does the licensee have to take reasonable precautions to protect individuals from physical or emotional harm resulting from interactions within a group or from individual counseling? - correct answer YES What has to be documented to be considered accurate record keeping of counseling w/ each client? - correct answer1-intake assessment; 2-dates of counseling treatment intervention; 3-principal treatment methods; 4-progress notes; 5-treatment plan; 6-billing information. How long does a licensee have to keep records of a client? - correct answer A minimum of 5 years from the date of the last contact with the client. True or false? LPCs can only bill clients or third parties for services actually rendered. - correct answer TRUE Yes or no? Relationships between a licensee and any other person used by the licensee to provide services to a client will be reflected on billing documents. - correct answer YES If a written request is made, LPCs must provide a written explanation of a billing statement to a client or client's guardian. - correct answer TRUE What is the exception for a licensee to submit a bill to a client for counseling treatment intervention that was not provided? - correct answer Unkept appointment or no-show fee. Does an LPC have to comply with requests for the release of mental health records and confidential information? - correct answer Yes, under the guidelines of Texas Health and Safety Code, chapters 611 and 181. What is the policy of providing counseling services to a minor client who is named in a custody agreement or court order? - correct answer LPC shall obtain, review and maintain in the minor client's record a current copy of the custody agreement or court order as well as any applicable part of the divorce decree before beginning counseling services. What should an LPC do when it is reasonably clear that the client is not benefiting from the counseling relationship? - correct answer Terminate the professional counseling relationship. If professional counseling is still necessary, the LPC shall take reasonable steps to facilitate the transfer to appropriate care. Can an LPC evaluate an individual's mental emotional or behavioral condition if the LPC has not personally interview the individual? - correct answer No, or the LPC must disclose within the evaluation that the LOC has NOT personally interviewed the individual. True or false? An LPC shall not aid or abet the unlicensed practice of professional counseling by a person required to be licensed. - correct answer TRUE Yes or no? An LPC shall report to the board knowledge of any unlicensed practice of counseling. - correct answer YES Sexual contact means... - correct answer1-deviate sexual intercourse; 2-sexual contact; 3-sexual intercourse; 4-requests or offers by a licensee for deviate sexual intercourse, sexual contact or sexual intercourse. Sexual exploitation means... - correct answer A pattern, practice or scheme of conduct, which may include sexual contact that can reasonably be construed as being for the purposes of sexual arousal or gratification or sexual abuse of any person. Sexual exploitation does NOT mean... - correct answer Obtaining information about a client sexual history within standard excepted practice while treating a sexual relationship dysfunction. Therapeutic deception means... - correct answer A representation by an LPC that sexual contact with, or sexual exploitation by, the LPC is consistent with, or a part of, a clients or former clients counseling. An LPC shall NOT engage in sexual contact with or sexual exploitation of a person who is... - correct answer1-A client; 2-an LPC Intern supervised by the licensee; 3-Is student of a licensee add an educational institution at which the licensee provides professional or educational services. Sexual contact that occurs more than ______ years after the termination of the client relationship, an LPC intern or a student of the licensee at a post secondary educational institution will not be deemed a violation. - correct answer5 years and if the conduct is consensual, not the result of sexual exploitation and not detrimental to the client True or false? The LPC must demonstrate that there has been no exploitation in a sexual or romantic relationship w/ a previous client including... - correct answer TRUE, 1-amount of time that has passed since therapy terminated; 2-nature and duration of the therapy; 3-circumstances of termination; 4-client's personal history; 5-client's current mental status; 6-likelihood of adverse impact on the client and others; 7-any statements or actions made by the therapist during the course of therapy suggesting or inviting the possibility of a post termination sexual or romantic relationship with the client. A licensee CAN or CANNOT practice therapeutic deception of a person who is a client? - correct answer CANNOT True or false? It is NOT a defense if the sexual contact, sexual exploitation or therapeutic deception with the person occurred with consent, outside the professional counseling sessions or off the premises regularly used for professionally counseling sessions. - correct answer TRUE Yes or no? Sexual exploitation if done for the purpose of sexual arousal or gratification or sexual abuse of any person may include sexual harassment, sexual solicitation, physical advances, and or verbal or nonverbal conduct that is sexual in nature. - correct answer YES Conduct that is sexual in nature includes... - correct answer1-conduct that is offensive or creates a hostile environment, and the licensee knows or is told this Conduct that is sexual in nature includes... - correct answer2-is sufficiently severe or intense to be abusive to a reasonable person in the context Conduct that is sexual in nature includes... - correct answer3-any behavior, gestures or expressions which may reasonably be interpreted as seductive or sexual Conduct that is sexual in nature includes... - correct answer4-sexual comments about or to a person, including making sexual comments about a person's body Conduct that is sexual in nature includes... - correct answer5- making sexually demeaning comments about an individual's sexual orientation Conduct that is sexual in nature includes... - correct answer6-making comments about potential sexual performance except when the comment is pertinent pertinent to the issue of sexual function or dysfunction in counseling Conduct that is sexual in nature includes... - correct answer7-Requesting details of sexual history or sexual likes and dislikes when not necessary for counseling of the individual Conduct that is sexual in nature includes... - correct answer8-initiating conversation regarding the sexual problems, preferences or fantasies of the licensee Conduct that is sexual in nature includes... - correct answer9-kissing or fondling Conduct that is sexual in nature includes... - correct answer10-making a request for a date Conduct that is sexual in nature includes... - correct answer11-any other deliberate or repeated comments, gestures or physical acts not constituting sexual intimacy's but of a sexual nature [Show Less]
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TEXAS TBCE JURISPRUDENCE EXAM VERIFIED AND UPDATED 2023
What word represents the Texas Board of Chiropractic Examiners? - correct answer Board What is the term for a person licensed to practice chiropractic b... [Show More] y the board? - correct answer Chiropractor What includes making an incision into any tissue, cavity, or organ by any person or implement? - correct answer Incisive or Surgical procedure An incisive or surgical procedure does not include what? - correct answer The use of a needle for the purpose of drawing blood or diagnostic testing. If a person uses: 1. Objective or subjective means to analyze, examine, or evaluate the biomechanics condition of the spine and musculoskeletal system of the human body. 2. performs nonsurgical, nonincisive procedures, including adjustment and manipulation, to improve the subluxation complex or the biomechanics of the musculoskeletal system. 3. represents to the public that the person is a chiropractic 4. uses the term chiropractor, chiropractic, doctor of chiropractic, or D.C. - correct answer Then he or she is a person that practices chiropractic The practice of chiropractic does not include what? - correct answer1. Incisive or surgical procedures 2. The prescription of controlled substances, dangerous drugs, or any other drug that requires a prescription. 3. The use of x-ray therapy or therapy that exposes the body to radioactive materials A student enrolled in a chiropractic college can engage in all phases of clinical practice if the practice is what? - correct answer1. Part of the curriculum 2. Conducted under the supervision of a licensed chiropractor or a licensed physician The texas board of chiropractic examiners consists of how many members? - correct answer9 The Texas Board of Chiropractic examiners members are appointed by who? - correct answer The Governor with advice and consent of the senate How many of the board members are reputable practicing chiropractors and have resided in this state for at least five years preceding appointment? - correct answer6 How many members represent the public? - correct answer3 True or False: Appointments to the board shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointee. - correct answer True If a person is: (1) a member of the faculty or board of trustees of a chiropractic school or a doctor of chiropractic degree program; (2) a stockholder in a chiropractic school or college; or (3) has a financial interest in a chiropractic school or college. - correct answer Then the person is not eligible to serve as a member of the board If the person's spouse: (1) is registered, certified, or licensed by an occupational regulatory agency in the field of health care; (2) is employed by or participates in the management of a business entity or other organization regulated by or receiving funds from the board; (3) owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by or receiving funds from the board; or (4) uses or receives a substantial amount of tangible goods, services, or funds from the board, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses. - correct answer Then the person is not eligible for appointment as a public member of the board What term means 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 in promoting their common interest? - correct answer “Texas trade association" Need to read this paragraph: - correct answerA person may not be a member of the board and may not be a board employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if: (1) the person is an officer, employee, or paid consultant of a Texas trade association in the field of health care; or (2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of health care. (3) A person may not be a member of the board or act as the general counsel to the board if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the board. Members of the board are appointed for how long of a term? - correct answer Staggered 6 year terms The terms of one-third of the members expire when? - correct answer On February 1 of each odd-numbered year True or false: A person may be appointed to serve more than two terms - correct answer False A person may "NOT" be appointed to serve more than two terms What happens if a vacancy occurs because of the death or resignation of a board member? - correct answerThe governor shall appoint a replacement to fill the unexpired term The governor shall designate whom as the board's president? - correct answer a "CHIROPRACTIC" member of the board True or False: The president serves in that capacity at the will of the governor. - correct answer True What positions shall the board elect at the first board meeting after the biennial appointment of the board members? - correct answer one of its members as a vice president and one of its members as secretary-treasurer If a member: (1) does not have at the time of taking office the qualifications required by Sections 201.051 and 201.052(b); (2) does not maintain during service on the board the qualifications required by Sections 201.051 and 201.052(b); (3) is ineligible for membership under Section 201.052 or201.053; (4) cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or (5) is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the board. - correct answer Then there are grounds for removal from the board If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify whom? - correct answer the president of the board The president shall then notify whom that a potential ground for removal exists? - correct answer the governor and the attorney general If the potential ground for removal involves the president, the executive director shall notify whom? - correct answer the next highest ranking officer of the board, who shall then notify the governor and the attorney general True or False: A board member is entitled to a per diem as set by the General Appropriations Act for each day the member engages in the business of the board. - correct answer True True or false: A member may receive reimbursement for travel expenses, including expenses for meals and lodging, and transportation expenses as provided by the General Appropriations Act. - correct answer False: A member may "NOT" receive reimbursement for travel expenses, including expenses for meals and lodging, other than transportation expenses as provided by the General Appropriations Act. The board shall hold regular meetings to examine applicants and transact business at least how many times per year? - correct answer Twice (2x/year) A special meeting may be held at the call of how many board members? - correct answer3 The seal of the board consists of what? - correct answer a five-point star with the words, "The State of Texas," and the words, "Texas Board of Chiropractic Examiners," around the margin True or False: A person who is appointed to and qualifies for office as a member of the board may not vote, deliberate, or be counted as a member in attendance at a meeting of the board until the person completes a training program that complies with this section. - correct answer True True or False: A person appointed to the board is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office. - correct answer True True or False: The board shall develop and implement policies that clearly separate the policymaking responsibilities of the board and the management responsibilities of the executive director and the staff of the board. - correct answerTrue Who is responsible for developing an intra-agency career ladder program? (The program must require intra-agency postings of all nonentry level positions concurrently with any public posting.) - correct answerThe executive director or the executive director's designee True or False: The executive director or the executive director's designee shall develop a system of annual performance evaluations. - correct answer True (And: All merit pay for board employees must be based on the system established under this subsection.) True or False: The executive director or the executive director's designee shall prepare and maintain a written policy statement to ensure implementation of an equal employment opportunity program under which all personnel transactions are made without regard to race, color, disability, sex, religion, age, or national origin. - correct answer True The board may adopt rules and bylaws necessary to: - correct answer(A) perform the board's duties; and (B) regulate the practice of chiropractic; and (C) relating to the board's proceedings and the board's examination of an applicant for a license to practice chiropractic. True or False: The board shall issue all rules based on a vote of a majority of the board at a regular or special meeting. The issuance of a disciplinary action or disciplinary order of the board is not limited by this subsection. - correct answer True True or False: The board shall adopt rules clarifying what activities are included within the scope of the practice of chiropractic and what activities are outside of that scope. - correct answer True The rules: (1) must clearly specify the procedures that chiropractors may perform; (2) must clearly specify any equipment and the use of that equipment that is prohibited; and (3) may require a license holder to obtain additional training or certification to perform certain procedures or use certain equipment. True or False: A rule adopted by the board under Section 201.1525 may be challenged on the grounds that the board did not comply with this section. - correct answer False: A rule adopted by the board under Section 201.1525 may "NOT" be challenged on the grounds that the board did not comply with this section. What happens if the board was unable to solicit a significant amount of advice and opinion from the public or from affected persons early in the rule development process? - correct answer Then the board shall state in writing the reasons why the board was unable to do so True or False: CERTIFICATION FOR MANIPULATION UNDER ANESTHESIA IS PROHIBITED - correct answer True True or False: Notwithstanding any other provision of this chapter, the board may not adopt a process to certify chiropractors to perform manipulation under anesthesia. - correct answer True True or False: The board may adopt rules restricting advertising or competitive bidding by a person regulated by the board except to prohibit false, misleading, or deceptive practices by that person. - correct answer False The board may "NOT" adopt rules restricting advertising or competitive bidding by a person regulated by the board except to prohibit false, misleading, or deceptive practices by that person. Must Read Paragraph - correct answer The board may not include in rules to prohibit false, misleading, or deceptive practices by a person regulated by the board a rule that: (1) restricts the use of any advertising medium; (2) restricts the person's personal appearance or use of the person's voice in an advertisement; (3) relates to the size or duration of an advertisement by the person; or (4) restricts the use of a trade name in advertising by the person. True or False: The board shall strictly and vigorously enforce the provisions of this chapter prohibiting what topic? - correct answerFraud The board shall adopt rules to prevent fraud in the practice of chiropractic, including rules relating to what? - correct answer(1) the filing of workers' compensation and insurance claims; (2) records required to be maintained in connection with the practice of chiropractic. Must read paragraph on Board Duties regarding complaints - correct answer The board by rule shall: (1) adopt a form to standardize information concerning complaints made to the board; and (2) prescribe information to be provided to a person when the person files a complaint with the board. The board shall provide reasonable assistance to a person who wishes to file a complaint with the board. The board by rule shall adopt procedures concerning: (1) the retention of information files on license holders; and (2) the expunction of files on license holders, including complaints, adverse reports, and other investigative information on license holders. True or false: In the absence of fraud, conspiracy, or malice, a member or employee of the board, a witness called to testify by the board, or a consultant or hearing officer is not liable in a civil action for any alleged injury, wrong, loss, or damage for any investigation, report, recommendation, statement, evaluation, finding, order, or award made in the course of performing the person's official duties. - correct answer True True or False: The board may not appoint committees from its own members. - correct answer False: The board "MAY" appoint committees from its own members. A committee appointed from the members of the board shall do what? - correct answer(1) consider matters referred to the committee relating to the enforcement of this chapter and the rules adopted by the board; and (2) make recommendations to the board. The board shall preserve a record of its proceedings in a register that contains: (1) the name, age, place, and duration of residence of each applicant for a license; (2) the amount of time spent by the applicant in the study of chiropractic in respective doctor of chiropractic degree programs; and [Show Less]
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