JURISPRUDENCE EXAM
When can claims be asked for defense costs? - ANSWERS-
counterclaim can be made in subsequent suit to recover defense costs,
including court costs, attorney's fees, and damages IF the original
claim is determined to be frivolous or to have been brought in bad
faith
Who has the power to revoke or suspend a license? - ANSWERS-the
commission or executive director
Where can an appeal be made by a person who has had their license
revoked or suspended for a drug-related felony? - ANSWERS-travis
county district
When can a license be suspended for a drug-related felony? -
ANSWERS-after conviction of felony
How soon after a license has been revoked can a practitioner apply for
reissuing? - ANSWERS-1 year after initial revocation date
How much refund can the executive director order for a penalty? -
ANSWERS-the amount paid by the patient, cannot exceed that
amount to damages
,When can the department, under reasonable business hours, enter a
business premises? - ANSWERS-1) to investigate a complaint filed
with the department
2) determine the compliance with an order of the commission or
executive director issued
How much is the cost of a civil penalty for each day of violation? -
ANSWERS-Min $50 max $500
What is the punishment for general criminal penalty for practicing
without a license? - ANSWERS-1) min $50 and max $500
2) confinement in county jail for NOT less than 30 days and NOT
MORE than 6 months
3) both fine and confinement
What is the criminal penalty for amputation of a foot? - ANSWERS-
1) a fine not less than $100 or more than $500
2) confinement for not less than 30 days and not more than 6 months
3) both fine and confinement
, Define podiatry - ANSWERS-the treatment of or offer to treat any
disease, disorder, physical injury, deformity, or ailment of the human
foot by any system or method
Claims that are not required to be reported under the 202 chapter
include, but are not limited to, the following: - ANSWERS-1) civil
violations
2) product liability claims
3) antitrust alligations
4) allegations regarding improper peer review activities
5) business disputes
6) allegations of liability of injuries occurring on Podiatric physician's
property, but not involving breach of duty in the podiatric physician-
patient relationship
public communication - ANSWERS-Any written, printed, visual, or
oral statement or other communication made or distributed, or
intended for distribution, to a member of the public
publication - ANSWERS-any and all public communications relating
to the practitioner's practice, including but not limited to,