Jurisprudence Exam - Texas Part 3 questions wit complete solutions.

A physician may reapply for reinstatement at any time, but no revoked license can be reinstated before how long? one year Violation of the MPA can lead to imposition by Board of an administrative fee up to $5000 Practicing medicine without license and in violation of the MPA is what kind of offense? 3rd degree felony Physicians found guilty of solicitation of patients or who receive remuneration for referrals are guilty of what kind of defense and the physicians are subject to a civil penalty of no more than how much? Class A misdemeanor, $10K Breach of warranty allows recovery for failing to provide a service you guarantee under the Texas Deceptive Trade Practices Act (e.g. say you are a plastic surgeon and perform reconstruction surgery when in fact you are not board certified) Summons vs petition The summons (citation) notifies the physician that a suit has been filed The petition is the complaint or the alleged negligent act When citation filed, a copy is served to the physician. All parties are entitled to the patient's medical records within how many days? from date of a written request 45 days Defendant must file an objection with the court within how many days after the day it was served 21 days 3 levels of proof of law 1) beyond reasonable doubt (criminal case) (e.g. jury trial, all jurors must agree) 2) preponderance of evidence (civil case) (e.g. most of the jury agree) 3) clear and convincing evidence (intermediate proof when beyond reasonable doubt in not plausible) Plaintiff must file all liability and causation issues with the medical expert findings which is the Expert Report within (how many days?) of filing the claim 120 days What are exemplary or punitive damages? Additional damages to punish the defendant; Recovery based on evidence for fraud, malice, or gross negligence; usually for cases of fraud or malice Based on the 2003 Tort Reform for limitations on exemplary damages: limited to the greater of 1) twice the economic damages plus an amount equal to any non-economic damages, not to exceed $750,000 or 2) $200,000 Proportionate responsibility percentage of responsibility is determined for each defendant and the claimant (e.g. if patient didn't follow up as instructed then died, then patient is also responsible partially) Claimant may recover damages if their percentage of responsibility is greater than 50% False; Claimant may not recover damages if their percentage of responsibility is greater than 50% Hospital and physicians have how many days to comply with patient requests for record copies 15 days Rural physicians practicing outside a ___ mile range of a pharmacy may provide prescription drugs without obtaining a pharmacy license and may charge 15 mile; total pop in town < 2500 or county <5000 How does a physician prescribe and administer synthetic narcotic drugs to drug- dependent persons? apply to Department of State Health Services for a permit Healing Arts identification act require health care providers to identify their branches in advertising sources (MD, board certified in Pediatrics) Physician Assistant Advisory Council is made up of how many members? 9 members Supervising physicians are limited to ___ full-time PAs Prescriptive authority limted to ____ PAs or NPs 5; 4 Omnibus Health Care Rescue Act Applies to medically underserved areas where physicians can delegate RN/PA to provide medical care; physicians must receive daily report, visit the clinic at least once during each 10 day business period Respondent superior physician is responsible for the actions of his employees True or false: Only hospitals are subject to civil liability; physicians are not True HIPAA Privacy Rule provides civil and criminal penalties for unlawful disclosure • Civil: up to ### per violation, up to ### per person per year for each violation • Criminal: up to ###and ### year in prison for disclosing PHI; up to ### and ### years in prison with intent to sell • Civil: up to $100 per violation, up to $25,000 per person per year for each violation • Criminal: up to $50,000 and one year in prison for disclosing PHI; up to $250,000 and 10 years in prison with intent to sell Disclosure of confidential PHI involving substance abuse records: • First offense $*** • Subsequent offenses: no more than $*** 500; 5000 Disclosure of confidential PHI involving disclosure of HIV results: negligent disclosure fine vs purposeful disclosure $5000, $5000-10,000 Implied Consent Doctrine applies to emergency circumstances, in which consent is not necessary Wrongful handling or abuse of a corpse are subject to what penalty? a $4000 fine and/or jail term up to 1 year Promoting a suicide is what kind of offense? if it results in death or serious injury, charge escalates to? Class C misdemeanor; charge escalates to a felony Local authorities should be contacted when with oral reports of abuse in nursing home patients Written report should be done within when from the oral immediately; 5 days Sexual abuse of NH patient is a what kind of offense? 2nd degree felony What time frame does a nonprofessional vs a professional have in reporting child abuse? immediately vs 48 hours