Texas Medical Jurisprudence Exam Questions and Answers
Question 1
What are "dangerous drugs"?
Correct Answer
"Dangerous drugs" are nonscheduled drugs that are unsafe for self-medication. These require a prescription but not an
associated DEA number. Not all states bother to use this term. Essentially drugs that a patient has to get from you (and
not over the counter) can be considered dangerous.
Question 2
What is a civil false claim?
Correct Answer
It is illegal to make false claims or bill fraudulently (e.g. Medicare fraud, billing the government inappropriately for
services not-rendered).
Question 3
Violating the medical practice act is what degree felony/class misdemeanor violation?
Correct Answer
Class A misdemeanor
Page 1 of 61
,Question 4
What is an advanced directive? Medical Power of Attorney? Are witnesses or a notary needed? How can they be revoked?
Correct Answer
Advanced Directives are legal medical "plans" that lay out the desire to receive/withdraw life-sustaining treatment. They
include both the out-of-hospital DNR and medical power of attorney (MPOA).
The MPOA is an individual who has been identified as having the ability to make medical decisions for a patient when
the patient is no longer able to make decisions for themselves (temporarily or permanently).
Two witnesses are required to make an advanced directive, one of which must have no vested interest (not a relative and
not involved in the patient's medical care).
Advanced directives can be given verbally to a physician as long as they fulfill the witness requirement and are
subsequently documented.
Notary services are not required. Advanced directives (including DNR and MPOA) do not expire, they last until they are
revoked or supplanted.
Revoking is easy. All a patient has to do to revoke an AD is say never mind.
Page 2 of 61
,Question 5
Can a delirious patient revoke an advanced directive?
Correct Answer
Yes.
Medical decision making capacity is needed to make an advanced directive but not to revoke it.
A patient can always revoke an advance directive anytime an in any state.
Question 6
What can you do when no family member or MPOA is available?
Correct Answer
the attending physician may decide along with an uninvolved physician to provide life-sustaining treatment (the "two
doc" consent).
Question 7
Insurers: PPO v. HMO?
Correct Answer
PPO - group of providers who agree to see a group of insured patients on fee-for-service basis
HMO - providers who see patients for an insured group on a prepaid basis
- Physicians can't have their privileges restricted due to an HMO association.
- HMO can't pay incentive fees to docs to make them spend less money / limit patient care.
Page 3 of 61
, Question 8
What can physicians from other states provide in texas? Not telemedicine / contiguous states
Correct Answer
They can provide expert opinion to other physicians or for any educational services within or across state lines (not direct
patient care).
Question 9
What is the statute of limitations?
What is a complaint is filed?
By when should everyone involved be able to get the patient's medical records?
Correct Answer
- Adults: 2 years
- Minors: 2 years after becoming 18
- If it would be unreasonable for the patient to discover the wrongdoing within two years, then it essentially begins
when the harm is discovered.
So, amputating the wrong leg would be discovered immediately. Missing an obvious tumor on an x-ray would begin
once the cancer is actually found.
- Filing a complaint buys the lawyers 60 more days; a notice letter of the impending lawsuit extends the statute by 75
days.
Everyone involved should be able to get the patient's medical records within 45 days.
- 10 years from the injury is the absolute maximum delay (aka Texas has a "statute of repose").
Page 4 of 61
Question 1
What are "dangerous drugs"?
Correct Answer
"Dangerous drugs" are nonscheduled drugs that are unsafe for self-medication. These require a prescription but not an
associated DEA number. Not all states bother to use this term. Essentially drugs that a patient has to get from you (and
not over the counter) can be considered dangerous.
Question 2
What is a civil false claim?
Correct Answer
It is illegal to make false claims or bill fraudulently (e.g. Medicare fraud, billing the government inappropriately for
services not-rendered).
Question 3
Violating the medical practice act is what degree felony/class misdemeanor violation?
Correct Answer
Class A misdemeanor
Page 1 of 61
,Question 4
What is an advanced directive? Medical Power of Attorney? Are witnesses or a notary needed? How can they be revoked?
Correct Answer
Advanced Directives are legal medical "plans" that lay out the desire to receive/withdraw life-sustaining treatment. They
include both the out-of-hospital DNR and medical power of attorney (MPOA).
The MPOA is an individual who has been identified as having the ability to make medical decisions for a patient when
the patient is no longer able to make decisions for themselves (temporarily or permanently).
Two witnesses are required to make an advanced directive, one of which must have no vested interest (not a relative and
not involved in the patient's medical care).
Advanced directives can be given verbally to a physician as long as they fulfill the witness requirement and are
subsequently documented.
Notary services are not required. Advanced directives (including DNR and MPOA) do not expire, they last until they are
revoked or supplanted.
Revoking is easy. All a patient has to do to revoke an AD is say never mind.
Page 2 of 61
,Question 5
Can a delirious patient revoke an advanced directive?
Correct Answer
Yes.
Medical decision making capacity is needed to make an advanced directive but not to revoke it.
A patient can always revoke an advance directive anytime an in any state.
Question 6
What can you do when no family member or MPOA is available?
Correct Answer
the attending physician may decide along with an uninvolved physician to provide life-sustaining treatment (the "two
doc" consent).
Question 7
Insurers: PPO v. HMO?
Correct Answer
PPO - group of providers who agree to see a group of insured patients on fee-for-service basis
HMO - providers who see patients for an insured group on a prepaid basis
- Physicians can't have their privileges restricted due to an HMO association.
- HMO can't pay incentive fees to docs to make them spend less money / limit patient care.
Page 3 of 61
, Question 8
What can physicians from other states provide in texas? Not telemedicine / contiguous states
Correct Answer
They can provide expert opinion to other physicians or for any educational services within or across state lines (not direct
patient care).
Question 9
What is the statute of limitations?
What is a complaint is filed?
By when should everyone involved be able to get the patient's medical records?
Correct Answer
- Adults: 2 years
- Minors: 2 years after becoming 18
- If it would be unreasonable for the patient to discover the wrongdoing within two years, then it essentially begins
when the harm is discovered.
So, amputating the wrong leg would be discovered immediately. Missing an obvious tumor on an x-ray would begin
once the cancer is actually found.
- Filing a complaint buys the lawyers 60 more days; a notice letter of the impending lawsuit extends the statute by 75
days.
Everyone involved should be able to get the patient's medical records within 45 days.
- 10 years from the injury is the absolute maximum delay (aka Texas has a "statute of repose").
Page 4 of 61
