TEXAS JURISPRUDENCE EXAM 2024/2025 NEWEST!!! COMPLETE
ACTUAL COMPLETE EXAM QUESTIONS AND CORRECT ANSWERS
(VERIFIED ANSWERS ) ALREADY GRADED A+.
How can one terminate a physician-patient relationship, without
abandonment, if there is ongoing treatment? - ANSWER-30 days
written notice, must provide for emergency
What is "proximate cause"? - ANSWER-Prove that negligence caused
harm and that the cause was not too remote; what is required to a
hold a defendant liable in a civil lawsuit
What are the two components of proximate cause? - ANSWER-
Causein-fact (but-for test) and forseeability
In a medical malpractice setting, what two instances do not need
expert testimony? - ANSWER-Res ipsa loquitur (e.g. amputation of
wrong leg) and negligence per se (a law was broken)
Is there a cap to noneconomic damages? How much? - ANSWER-
250K for physicians, 500K for hospitals
If the claimants proportionate responsibility is more than what %, then
he/she may not recover damages? - ANSWER-If >50%, no damages
awarded.
How long is the statute of limitations for adults? For minors? -
,ANSWER-2 years; for minors, 2 years after becoming 18yo
In a criminal proceeding, is the physician-patient privilege
communication confidential? - ANSWER-No, except for mental health
and substance abuse records; judicial ruling should be obtained.
What is "therapeutic privilege", when can it be used, who has access
to the information, and what is the protocol the physician must
follow? - 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.
How many years does a physician have to keep records for adults?
For minors? - ANSWER-7 years for adults; 7 years or until age 21 for
minors; hospital must keep 10 years
Are substance abuse records admissible during criminal
proceedings? - ANSWER-No, unless the crime is extremely serious.
Is HIV information confidential? - ANSWER-Yes.
Can you "break" confidentiality in order to tell a spouse that his/her
spouse is HIV positive? - 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? -
ANSWER-They can tell the name of donor, not disease.
,What kind of crime is the unauthorized release of records? -
ANSWER-Misdemeanor.
What does the Medical Practice Act regulate? - ANSWER-The practice
of medicine by MD/DOs, PAs, and acupuncturists.
Does the MPA apply to emergency assistance if there is NO charge of
money? If there is money charged or billed? - ANSWER-No if no
charge, YES if money is charged.
How many people are on the TMB? Who appoints them? Who must
confirm them? - ANSWER-19 members, appointed by the governor,
confirmed by the Senate.
How often does the Dept of Public Safety check on physicians and
report to the board? - ANSWER-Quarterly.
What is included in the physician profile? - ANSWER-Ethnic origin,
CME, years in practice, Medicaid participation, misdemeanors,
felonies, malpractice claims
Which malpractice claims should be included? - ANSWER-Any jury
awards, liabilities - NOT settlements.
How many CMEs per year? - ANSWER-24
, Does the TMB have to notify a physician when a complaint is filed?
Are there exceptions? How often do the parties get updated on
proceedings? - ANSWER-Yes, within 30 days, except if it would
interfere with the investigation. Updates are quarterly.
When is it not illegal to perform a third-trimester abortion? - ANSWER-
To prevent another's death or if unborn has irreversible brain damage.
When is it not illegal to perform an abortion on a minor? - ANSWER-In
emergency and with court order.
What prescriptions does a physician need to keep records on?
Dangerous drugs? Controlled substances? Samples? - ANSWER-
Samples and dangerous drugs as part of medical record; for schedule
3-5 records and log; for schedule 2 separate log and records; keep
record for 2 years; do inventory on schedule drugs every 2 years.
How many malpractice claims within what time period automatically
open a board investigation? - ANSWER-3 within 5 years.
Is a physician liable for the actions of a NP or PA? - ANSWER-No,
unless vicariously liable due to employment.
What requirements exist for prescription for PAs and NPs? -
ANSWER-No Schedule 2; maximum 90 days, no refills unless
consultation with a physician.
ACTUAL COMPLETE EXAM QUESTIONS AND CORRECT ANSWERS
(VERIFIED ANSWERS ) ALREADY GRADED A+.
How can one terminate a physician-patient relationship, without
abandonment, if there is ongoing treatment? - ANSWER-30 days
written notice, must provide for emergency
What is "proximate cause"? - ANSWER-Prove that negligence caused
harm and that the cause was not too remote; what is required to a
hold a defendant liable in a civil lawsuit
What are the two components of proximate cause? - ANSWER-
Causein-fact (but-for test) and forseeability
In a medical malpractice setting, what two instances do not need
expert testimony? - ANSWER-Res ipsa loquitur (e.g. amputation of
wrong leg) and negligence per se (a law was broken)
Is there a cap to noneconomic damages? How much? - ANSWER-
250K for physicians, 500K for hospitals
If the claimants proportionate responsibility is more than what %, then
he/she may not recover damages? - ANSWER-If >50%, no damages
awarded.
How long is the statute of limitations for adults? For minors? -
,ANSWER-2 years; for minors, 2 years after becoming 18yo
In a criminal proceeding, is the physician-patient privilege
communication confidential? - ANSWER-No, except for mental health
and substance abuse records; judicial ruling should be obtained.
What is "therapeutic privilege", when can it be used, who has access
to the information, and what is the protocol the physician must
follow? - 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.
How many years does a physician have to keep records for adults?
For minors? - ANSWER-7 years for adults; 7 years or until age 21 for
minors; hospital must keep 10 years
Are substance abuse records admissible during criminal
proceedings? - ANSWER-No, unless the crime is extremely serious.
Is HIV information confidential? - ANSWER-Yes.
Can you "break" confidentiality in order to tell a spouse that his/her
spouse is HIV positive? - 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? -
ANSWER-They can tell the name of donor, not disease.
,What kind of crime is the unauthorized release of records? -
ANSWER-Misdemeanor.
What does the Medical Practice Act regulate? - ANSWER-The practice
of medicine by MD/DOs, PAs, and acupuncturists.
Does the MPA apply to emergency assistance if there is NO charge of
money? If there is money charged or billed? - ANSWER-No if no
charge, YES if money is charged.
How many people are on the TMB? Who appoints them? Who must
confirm them? - ANSWER-19 members, appointed by the governor,
confirmed by the Senate.
How often does the Dept of Public Safety check on physicians and
report to the board? - ANSWER-Quarterly.
What is included in the physician profile? - ANSWER-Ethnic origin,
CME, years in practice, Medicaid participation, misdemeanors,
felonies, malpractice claims
Which malpractice claims should be included? - ANSWER-Any jury
awards, liabilities - NOT settlements.
How many CMEs per year? - ANSWER-24
, Does the TMB have to notify a physician when a complaint is filed?
Are there exceptions? How often do the parties get updated on
proceedings? - ANSWER-Yes, within 30 days, except if it would
interfere with the investigation. Updates are quarterly.
When is it not illegal to perform a third-trimester abortion? - ANSWER-
To prevent another's death or if unborn has irreversible brain damage.
When is it not illegal to perform an abortion on a minor? - ANSWER-In
emergency and with court order.
What prescriptions does a physician need to keep records on?
Dangerous drugs? Controlled substances? Samples? - ANSWER-
Samples and dangerous drugs as part of medical record; for schedule
3-5 records and log; for schedule 2 separate log and records; keep
record for 2 years; do inventory on schedule drugs every 2 years.
How many malpractice claims within what time period automatically
open a board investigation? - ANSWER-3 within 5 years.
Is a physician liable for the actions of a NP or PA? - ANSWER-No,
unless vicariously liable due to employment.
What requirements exist for prescription for PAs and NPs? -
ANSWER-No Schedule 2; maximum 90 days, no refills unless
consultation with a physician.
