Texas Jurisprudence Exam Questions and Answers
(2022/2023) (Verified Answers)
Texas Jurisprudence Exam Questions and Answers
(2022/2023) (Verified
... [Show More] Answers)
Can a patient successfully sue a doctor if there is no physician-patient relationship?
No
If there is no prior physician-patient relationship, are you legally obliged to respond to a call from a
patient for treatment?
No
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Does being on call give rise to a physician-patient relationship?
No
How can one terminate a physician-patient relationship, without abandonment if there is ongoing
treatment?
30 days written notice; must provide for emergency
Does a physician's duty extend to the unborn child or potential victims of an ill patient?
Yes
What is "proximate cause"?
Prove that negligence caused harm and that the cause was not too remote; what is required to hold a
defendant liable in a civil lawsuit
What are the two components of proximate cause?
Cause-in-fact (but-for test) and foreseeability
Does an expert witness have to be actively practicing medicine?
Yes
Does an expert witness have to know standards of care?
Yes
Does an expert witness have to have enough training to express an opinion on whether standard of care
was provided?Yes
Does an expert witness have to be board certified?
No, board certified or eqivalent
In a medical malpractice case, are expert witnesses required?
Yes, with two exceptions
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In a medical malpractice setting, what 2 instances do not need expert testimony?
Res ipsa loquitur (e.g., amputation of wrong leg) and negligence per se (a law was broken)
What are "exemplary damages"?
Damages above compensatory designed to punish the defendant and deter the behavior
Is there a cap to noneconomic damages? How much?
$250,000 for physicians, $500,000 for hospitals
Does the cap on noneconomic damage depend on the number of defendants or claimants?
No
What is "proportional responsibility"?
Percentage of liability apportioned according to percentage of fault
Can the claimant have part of the proportional responsibility?
Yes
If the claimant's proportionate responsibility is more than what %, he/she may not recover damages?
If > 50%, no damages awarded
How long is the statute of limitations for adults? For minors?
2 years; for minors 2 years after becoming 18 years of age
By how much can the statute of limitations be extended and how?
File complaint—extra 60-day, notice letter extends statute by 75 days
What is the statute of limitations for wrongful death?
2 yearsWhat is the discovery rule? Give examples.
Statute does not begin until damage is discovered. For example, a retained sponge that is found 3 years
post-op
Is there immunity from civil action in emergency cases?
Yes, except gross negligence
Is there immunity from civil action in volunteer care?
Yes, except gross negligence
When can a physician be charged with "assault and battery"?
Un-consented surgery or examination or when exceeding the scope of the consent
When can a physician be charged with patient abandonment?
Unilateral cessation of treatment when continued treatment is necessary
What is "strict liability"?
Liability that does not depend on actual negligence, but that is based on a breach of a duty to make
something safe. This often applies to product liability
Are hospitals liable for the actions of a physician?
No, unless the hospital employs the physician
Who determines in a criminal case if the medical records of a patient should be released?
Judge by inspection
How many days do you have to release medical records to an attorney?
45 days
Can medical records be admitted as evidence in court? What are the requirements?
Yes, but only with affidavit
What are schedule 1, 2, 3, 4, 5 drugs?
Schedule 1—no known use (e.g., heroin); schedule 2—very addictive (morphine, cocaine); schedule 3-
5—less addictive
What are dangerous drugs?
Prescription drugs other than schedule 1-5
How many DEA registrations do you need if you prescribe drugs? dispense drugs?One to prescribe; a separate registration for each location where you dispense
How often do you renew your DEA license?
Every 3 years
Can you move your office location and then change your DEA?
No, need to change BEFORE move
Is a DEA registration sufficient to prescribe drugs in Texas?
No, also need Department of Public Safety Bureau of Narcotics and Dangerous Drug registration
How often do you renew a DPS license?
Yearly
Do you have to display the DEA and DPS licenses?
Not required by any statute.
How many days do you have to notify the DPS of any change in your information (name, address, tel.,
etc.)?
7 days
Can you have your DPS suspended and keep your DEA or vice versa?
No, they are interconnected
For schedules 2-5 drugs, can you just put the number of pills on prescription?
No, number and number spelled out
Do you have to put intended use on prescription?
Yes
With how many days of a schedule 2-5 drug can a patient be discharged from the hospital?
7 days; only if the drug was already rx in the hospital
What kind of prescription pad do you need for schedule 2 drugs? Can you use stickers?
Official DPS form; no stickers
Can a physician prescribe schedule 2 over the phone?
Yes, for emergencies, and only for the duration of emergency
How many days does the physician have to mail the schedule's emergency prescription to the pharmacy?7 days
How many days does the patient have to fill schedule 2 prescriptions?
7 days
Can you refill a schedule 2 prescription? How about schedule 3-5?
No for schedule 2. Max 5 refills for schedules 3-5.
Who can call in prescription from a physician's office?
Any qualified DESIGNATED person
Can they call in schedule 2?
Only physician in emergencies
Can a physician prohibit substitutions for generics?
Yes
From whom and how do you order schedule 2? Schedules 3-5?
Schedule 2 on triplicate order form from distributor; schedules 3-5 regular form from wholesaler
What drugs do you need to keep records on? How are the records kept? How often do you need to do
inventory? Do you need to submit the records? How long do you have to keep the last inventory list?
If dispensed in office, then all dangerous drugs, schedule drugs and samples; separate records for
schedule 1+2; inventory every 2 years; records are not submitted; keep records for 2 years
Who can inspect your drugs?
TMB, DPS, attorney general for the DEA
What is the method of ordering and accounting for drug samples?
Written and signed request by physician; must keep inventory and drug logs
Can you repackage samples?
No
Do you need to keep records on samples?
Yes, just like other meds
Can a physician buy and rebottle? Any exceptions?
No, except for rural areas (less than 5000 population of town or 2500 of municipality, closest pharmacy >
15 miles)To give anesthesia, how often do you have to register with the board?
Every 2 years
What life support competency do surgeons and anesthesiologists need?
ACLS, PALS, or board-approved course
How many and what competency levels of healthcare providers do you need in all settings?
At least 2 physicians with advanced competency
How many days do you have to report office-based anesthesia-related complications?
15 days
What is considered an anesthesia-related complication?
Admission to hospital within 24 hours or death within 72 hours
What is considered intractable pain?
Pain where cause of pain cannot be removed and where relief or cure has not been found
Can a hospital forbid a physician to give dangerous drugs or controlled substances for treatment of
intractable pain?
No
Can the board take disciplinary action against a physician for giving dangerous or controlled substances
to a patient with intractable pain?
No
What must the physician document prior to treatment of intractable pain?
Understanding between physician and patient about treatment; dose, type, frequency of medication;
consultation with psychologist, psychiatrist, addictions expert
Can you guarantee that a drug will work?
No
Who can be part of a confidential communication?
Persons involved, furthering interest of the patient, and those participating in diagnosis or treatment, e.g.,
patients, doctors, translators, nurses, etc
Is the billing record confidential?
No, billing record is NOT part of medical recordIn a criminal proceeding, is the physician-patient privilege communication confidential?
NO (except for mental health records); judicial ruling should be obtained
In a criminal proceeding, are records of alcohol and drug abuse confidential?
Yes
Does the physician confidentiality apply to court or administrative proceedings brought by the patient
against a physician?
No
Can the physician violate confidentiality if he/she thinks he or someone else is in danger?
Yes, must report that to law enforcement agency (NOT for mental health)
What information must a release of medical records include?
Type of records, reason, and person to whom to release
How many days (hospital) or business days (physician) does a hospital/physician have to provide medical
records when they are requested?
Physician has 15 business days, hospital has 15 days
What is "therapeutic privilege," when can it be used, who has access to the information, and what is the
protocol the physician must follow?
If physician thinks that information would be harmful to the patient, it can be withheld; in writing, copy
in the chart; films or tests must be released to patient representative
Can the physician charge for medical records and films? For an affidavit? Does he have to give the
information if the patient does not pay? What does he do if the patient does not pay?
Yes, can charge $25 for first 20 pages, then 15¢ per page plus postage; notarization $15, films $8; patient
MUST pay to get records, 10-day notice
Can you charge a patient requesting records in order to apply for disability or public aid? How many
copies are patients entitled to? Can you charge if federal agency is requesting records?
No; one copy; no
How many years does a physician MD have to keep records for adults? for minors? How many years do
hospitals have to keep records for adults? For minors?
7 years for adults, 7 years or until age 21; hospital 10 years
Can a physician or hospital get rid of records after the required years if these records might be part of a
litigation?No
Can you relate information without patient consent for treatment? Billing? To report abuse? To law
enforcement? For funeral directions? For worker's comp?
Yes, all of the above
What is the "minimum necessary standard" for a medical release?
It protects health care information unless it is required to be released (investigation, law enforcement,
authorized release, participating care providers, HIPAA compliant release)
Does a patient have the right to see his/her own record? Can he/she ask for amendments to the records?
Yes; yes, they can request amendments
What is the Texas medical record privacy act? Is it like HIPAA?
It is the state equivalent of HIPAA
Within how many days must a hospital send an itemized bill to patients? Is this mandatory? Or done by
request? When must the hospital inform patients of this option?
Upon request, within 30 business days; hospital must inform patient of availability of itemized bill
Can medical records be obtained with a subpoena? Does this include substance-abuse records?
Yes; no
Are substance abuse records admissible during criminal proceedings?
No, unless the crime is EXTREMELY serious
Is HIV information confidential?
Yes
Can you "break" confidentiality in order to tell a spouse that his/her spouse is HIV positive?
Yes
Can you break confidentiality to tell a partner about notification program?.
Yes
Are blood bank records confidential?
Yes
If a blood bank finds a donor with an infectious disease, can they call other blood banks and tell them the
name of donor and the disease?Edition.They can tell name of donor, NOT disease
If a blood bank finds that blood outbound to hospitals is HIV positive, can they call the hospitals and give
name of donor? Type of disease?
They can tell name of disease, NOT donor
For statistical purposes, can a blood bank give out medical records? Names?
Yes, but not names or other identifying information
Is genetic information confidential?
Yes
Can patients have access to the results of their genetic testing?
Yes
What kind of crime is the unauthorized release of records?
Misdemeanor
Can the Texas Medical Board (TMB) show preference to a specific school of medicine such as medicine
v. osteopathy?
No
What does the Medical Practice Act (MPA) regulate?
The practice of medicine
Who does the MPA apply to?
Physicians (MD, DO), PAs, and acupuncturists
Does the MPA apply to the armed forces and federal public health? Can they moonlight?
It does NOT apply to a federal job, they can NOT moonlight outside the federal setting
Does the MPA apply to emergency assistance if there is NO charge of money? If there is money charged
or billed?
NO if no charge; YES if money is charged
Are medical students in "board-approved schools" subject to the MPA?
No
Does the MPA prohibit self-care?
NoDoes the MPA apply to physicians in contiguous states?
NO (physicians from nearby states can only order care for patients in hospice or nursing homes)
How many people are on the TMB? Who appoints them? Who must confirm them?
19 members, appointed by the governor, confirmed by the senate
Can the board subpoena people and records? Who can serve a subpoena?
YES, subpoenas can be served by board investigator or sent by certified mail
How often does the Department of Public Safety (DPS; state police) check on physicians and report to the
board?
Quarterly
What are acceptable methods to tell the public on how to register a complaint to the TMB? In what
languages? Where can a physician include this info?
By phone (direct number and 1-800 number) or by mail; posted sign, on registration forms or bill; in
English and Spanish
How often must the TMB disseminate updated information? What info is included?
2 times per year; info includes disciplinary action, board activities and functions, changes to the MPA and
attorney general opinions
Are disciplinary orders private or public?
Public
Are the following included in the physician profile?
1. ethnic origin
2. CME
3. years in practice
4. Medicaid participation
5. misdemeanors
6. felonies
7. malpractice claims
8. tax ID or social security numbers
Everything except for tax ID/soc. security
Which malpractice claims should be included?
Any jury awards, liabilities—NOT settlements
What happens if you don't give this info?License is not renewed
How many years of postgraduate training do you need to be eligible for licensure?
One
Who can get a limited license?
Applicant who is recommended by dean, president, or chief administrator from Texas medical school
Do you need the jurisprudence exam for a limited license?
Yes
Who is not eligible for licensure?
If applicant is under prosecution, investigation, or has restrictions on license in another state
How many days does the program director have to tell the board that somebody with a physician-intraining license did not show up, was suspended, etc.?
30 days
What is a temporary postgraduate training permit?
License for residents and fellows pending the physician in training permit
What is a telemedicine license? Do you have to be board certified to have it? Do you have to pass the
jurisprudence exam?
A license to do consulting work through internet, etc., in Texas; cannot physically see or treat patients;
board certification is required; JP exam required
How often do you register your license? Do you need an updated physician profile?
Every 2 years; yes
How many days prior to the expiration of your license does the TMB notify you?
30
How many days after a license expires are you considered to be practicing without a license?
30 day grace period.
License expired < 90 days—penalty is?
$75
License expired 91-364 days—penalty is?
$150License expired > 364 days—penalty is?
Cancellation
Do you have to retake JP exam if your license is canceled?
Only if the license is canceled for more than 2 years.
How can you get another license if it is lost/destroyed?
Get affidavit of lost or destroyed document and pay fee to board
How many category 1 CMEs yearly?
12
How many CMEs per year?
24
How many category 1 CMEs yearly must be in ethics?
1
How many category 2 CMEs can be from volunteer work?
6
How many CMEs can a license carry forward? And for how many registration periods?
48; only once
How many CMEs can be applied retroactively?
24; only once
How many CMEs do you need if you become "board certified" within 36 months?
24
If you practice pain management, how many CMEs in pain management are required?
None, but they are recommended
Who can initiate a complaint to the board?
Anyone
What is the "health professions council"?
Council of various professionals that establishes a central telephone complaint system (800-number) [Show Less]