TEXAS JURISPRUDENCE EXAM | REAL EXAM QUESTIONS
WITH COMPREHENSIVE IN-DEPTH ANSWERS | UPDATED
VERSION | EXPERT VERIFIED FOR GUARANTEED PASS
What is considered intractable pain? - CORRECT ANSWER - 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? - CORRECT ANSWER - No
Can the board take disciplinary action against a physician for giving dangerous or controlled
substances to a patient with intractable pain? - CORRECT ANSWER - No
What must the physician document prior to treatment of intractable pain? - CORRECT
ANSWER - 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? - CORRECT ANSWER - No
Who can be part of a confidential communication? - CORRECT ANSWER - 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? - CORRECT ANSWER - No, billing record is NOT part of
medical record
In a criminal proceeding, is the physician-patient privilege communication confidential? -
CORRECT ANSWER - NO (except for mental health records); judicial ruling should be
obtained
In a criminal proceeding, are records of alcohol and drug abuse confidential? - CORRECT
ANSWER - Yes
,Does the physician confidentiality apply to court or administrative proceedings brought by the
patient against a physician? - CORRECT ANSWER - No
Can the physician violate confidentiality if he/she thinks he or someone else is in danger? -
CORRECT ANSWER - Yes, must report that to law enforcement agency (NOT for mental
health)
What information must a release of medical records include? - CORRECT ANSWER - 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? - CORRECT ANSWER - 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? - CORRECT ANSWER - 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? -
CORRECT ANSWER - 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? -
CORRECT ANSWER - 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? - CORRECT ANSWER - 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? - CORRECT ANSWER - No
,Can you relate information without patient consent for treatment? Billing? To report abuse? To
law enforcement? For funeral directions? For worker's comp? - CORRECT ANSWER - Yes, all
of the above
What is the "minimum necessary standard" for a medical release? - CORRECT ANSWER - 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? - CORRECT ANSWER - Yes; yes, they can request amendments
What is the Texas medical record privacy act? Is it like HIPAA? - CORRECT ANSWER - 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? - CORRECT ANSWER
- 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? -
CORRECT ANSWER - Yes; no
Are substance abuse records admissible during criminal proceedings? - CORRECT ANSWER -
No, unless the crime is EXTREMELY serious
Is HIV information confidential? - CORRECT ANSWER - Yes
Can you "break" confidentiality in order to tell a spouse that his/her spouse is HIV positive? -
CORRECT ANSWER - Yes
Can you break confidentiality to tell a partner about notification program?. - CORRECT
ANSWER - Yes
, Are blood bank records confidential? - CORRECT ANSWER - 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. - CORRECT ANSWER - 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? - CORRECT ANSWER - They can tell name of
disease, NOT donor
For statistical purposes, can a blood bank give out medical records? Names? - CORRECT
ANSWER - Yes, but not names or other identifying information
Is genetic information confidential? - CORRECT ANSWER - Yes
Can patients have access to the results of their genetic testing? - CORRECT ANSWER - Yes
What kind of crime is the unauthorized release of records? - CORRECT ANSWER -
Misdemeanor
Can the Texas Medical Board (TMB) show preference to a specific school of medicine such as
medicine v. osteopathy? - CORRECT ANSWER - No
What does the Medical Practice Act (MPA) regulate? - CORRECT ANSWER - The practice of
medicine
Who does the MPA apply to? - CORRECT ANSWER - Physicians (MD, DO), PAs, and
acupuncturists
WITH COMPREHENSIVE IN-DEPTH ANSWERS | UPDATED
VERSION | EXPERT VERIFIED FOR GUARANTEED PASS
What is considered intractable pain? - CORRECT ANSWER - 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? - CORRECT ANSWER - No
Can the board take disciplinary action against a physician for giving dangerous or controlled
substances to a patient with intractable pain? - CORRECT ANSWER - No
What must the physician document prior to treatment of intractable pain? - CORRECT
ANSWER - 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? - CORRECT ANSWER - No
Who can be part of a confidential communication? - CORRECT ANSWER - 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? - CORRECT ANSWER - No, billing record is NOT part of
medical record
In a criminal proceeding, is the physician-patient privilege communication confidential? -
CORRECT ANSWER - NO (except for mental health records); judicial ruling should be
obtained
In a criminal proceeding, are records of alcohol and drug abuse confidential? - CORRECT
ANSWER - Yes
,Does the physician confidentiality apply to court or administrative proceedings brought by the
patient against a physician? - CORRECT ANSWER - No
Can the physician violate confidentiality if he/she thinks he or someone else is in danger? -
CORRECT ANSWER - Yes, must report that to law enforcement agency (NOT for mental
health)
What information must a release of medical records include? - CORRECT ANSWER - 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? - CORRECT ANSWER - 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? - CORRECT ANSWER - 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? -
CORRECT ANSWER - 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? -
CORRECT ANSWER - 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? - CORRECT ANSWER - 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? - CORRECT ANSWER - No
,Can you relate information without patient consent for treatment? Billing? To report abuse? To
law enforcement? For funeral directions? For worker's comp? - CORRECT ANSWER - Yes, all
of the above
What is the "minimum necessary standard" for a medical release? - CORRECT ANSWER - 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? - CORRECT ANSWER - Yes; yes, they can request amendments
What is the Texas medical record privacy act? Is it like HIPAA? - CORRECT ANSWER - 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? - CORRECT ANSWER
- 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? -
CORRECT ANSWER - Yes; no
Are substance abuse records admissible during criminal proceedings? - CORRECT ANSWER -
No, unless the crime is EXTREMELY serious
Is HIV information confidential? - CORRECT ANSWER - Yes
Can you "break" confidentiality in order to tell a spouse that his/her spouse is HIV positive? -
CORRECT ANSWER - Yes
Can you break confidentiality to tell a partner about notification program?. - CORRECT
ANSWER - Yes
, Are blood bank records confidential? - CORRECT ANSWER - 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. - CORRECT ANSWER - 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? - CORRECT ANSWER - They can tell name of
disease, NOT donor
For statistical purposes, can a blood bank give out medical records? Names? - CORRECT
ANSWER - Yes, but not names or other identifying information
Is genetic information confidential? - CORRECT ANSWER - Yes
Can patients have access to the results of their genetic testing? - CORRECT ANSWER - Yes
What kind of crime is the unauthorized release of records? - CORRECT ANSWER -
Misdemeanor
Can the Texas Medical Board (TMB) show preference to a specific school of medicine such as
medicine v. osteopathy? - CORRECT ANSWER - No
What does the Medical Practice Act (MPA) regulate? - CORRECT ANSWER - The practice of
medicine
Who does the MPA apply to? - CORRECT ANSWER - Physicians (MD, DO), PAs, and
acupuncturists
