TEXAS LPC JURISPRUDENCE EVALUATION EXAMS
2025/2026 QUESTIONS WITH ANSWERS RATED A+
✔✔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
record
✔✔In 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? - ✔✔No
2025/2026 QUESTIONS WITH ANSWERS RATED A+
✔✔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
record
✔✔In 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? - ✔✔No
