Texas Jurisprudence Exam Questions And Correct
Answers Latest Update
Does Texas have a ban on remuneration for referral volume? - Answer Yes, ban on
soliciting patients
What class of felony is tampering with the records of the Texas Medical Board? - Answer
Class A Misdemeanor
Barratry - what is it? Is it illegal? - Answer It is the contacting of potential patients in
efforts to solicit them; it is illegal
Who can be on a medical peer review committee? - Answer Physicians, health care
workers, anyone in the hospital
Does physician competency include societies that one belongs to, education
participation, group plan participation? - Answer No
Who writes rules (by laws) for hospitals? - Answer The governing body
Can a hospital deny an orthopedist because he is a DO and not an MD? - Answer No
Can a hospital refuse to grant you privileges because you do not accept HMOs? Can you
apply to other hospitals? No
Who is the final decision-making body at a hospital on granting or refusing physician
privileges? Governing body
,Does a hospital have to obtain a report from the NPDB relative to physicians before
granting them privileges? Yes, initially and every 2 years; if they do not, they are liable
How many days does the board have in order to provide data to any requesting hospital?
- Answer 15 days
How often shall a physician update his core credentials? How many days does he have in
which to submit corrections? - Answer Annually; corrections within 30 days
How many days prior to the "first release" of his information does a physician have to
review it? - Answer 15 business days
If the privileges of a physician are to be suspended, is he/she entitled to due process?
Yes
How far in advance of the due process hearing is the hospital required to notify the
physician? 30 days
Do hospitals have to grant privileges to NPs and PAs? No
If a hospital grants privileges to NPs and PAs, what is the responsibility of the hospital?
Due process, fairness, appeal
Is the peer review file confidential? Yes, EXCEPT for possible civil rights violation and
possible anti-trust violation
At what point does a hospital's medical peer review report actions taken against
physicians to: the TMB? to the HCQIA? to the NPDB? If action affects privileges for
longer than 30 days or if physician surrenders privileges or if it affects membership;
never, the TMB reports to NPDB
How much time has the committee got to report back to the TMB? - Ans 15 days
,Is it enough to get a signature on informed consent? - Ans No, true informed consent
must be obtained
Which treatments requires "full disclosure" of LIST A and LIST B? - Ans Only List A
Which treatment require additional "statutory consent"? - Ans Hysterectomy, radiation
therapy, ECT
Whose responsibility is it to obtain consent, the hospital or physician? - Answer
Physician
Specialty For which of the following specific elements of an informed consent, if omitted
may be grounds for a suit? Must you have damages to sue? - Answer Nondisclosure of
risks, benefits, alternatives; yes
In an emergency, is express consent necessary? - Answer No, consent is implied
If arrested and suspected to be drunk, does the police need consent to check blood? -
Answer No, consent is deemed to have been made, but consent can be expressly denied
If anyone died in an accident, does consent need to be taken to check blood? - Answer
No
Who is a minor in Texas? - Answer Anybody less than 18 years of age who has not been
emancipated
At what age may a minor petition the court NOT to be a minor? -Answer Age 16 if living
independent, supporting self, age 17 if supporting self and managing conservator or
guardian, Texas resident
, Can consent be given by an uncle for a minor? -Answer Yes
Can an educational institution give consent for a minor? -Answer Yes, ie. boarding
school
Vaccinations: Is physician liable for damages by a required vaccination? Is physician
liable for damages done by a disease that the parents denied vaccination for? - Answer
No; no
Who is responsible to review a child's immunization record? - Answer Any physician;
failure to do so has no consequence
What if a physician does not review a child's immunization record? - Answer Nothing
Is it true you must consent to inform the authorities if you suspect child abuse or
neglect? - Answer No
Under what circumstance can a child give consent? - Answer If on active duty, when
restrictions of minor removed, for communicable disease, if pregnant for counseling, and
addiction treatment
to questions: Does the Consent to Medical Treatment Act apply to "incapacitated"
individuals? To psychiatry patients? Answer Yes; yes, but not for patients in
FREE-STANDING psychiatric hospitals
Who may be a surrogate decision maker? What are the requirements? Answer Spouse,
adult child, majority of children, parents, or a person identified by patient before
becoming incapacitated
Can surrogate decision maker consent to voluntary inpatient psych treatment? ECT
treatment? Appoint another surrogate decision maker? - Answer Not psych treatment,
Answers Latest Update
Does Texas have a ban on remuneration for referral volume? - Answer Yes, ban on
soliciting patients
What class of felony is tampering with the records of the Texas Medical Board? - Answer
Class A Misdemeanor
Barratry - what is it? Is it illegal? - Answer It is the contacting of potential patients in
efforts to solicit them; it is illegal
Who can be on a medical peer review committee? - Answer Physicians, health care
workers, anyone in the hospital
Does physician competency include societies that one belongs to, education
participation, group plan participation? - Answer No
Who writes rules (by laws) for hospitals? - Answer The governing body
Can a hospital deny an orthopedist because he is a DO and not an MD? - Answer No
Can a hospital refuse to grant you privileges because you do not accept HMOs? Can you
apply to other hospitals? No
Who is the final decision-making body at a hospital on granting or refusing physician
privileges? Governing body
,Does a hospital have to obtain a report from the NPDB relative to physicians before
granting them privileges? Yes, initially and every 2 years; if they do not, they are liable
How many days does the board have in order to provide data to any requesting hospital?
- Answer 15 days
How often shall a physician update his core credentials? How many days does he have in
which to submit corrections? - Answer Annually; corrections within 30 days
How many days prior to the "first release" of his information does a physician have to
review it? - Answer 15 business days
If the privileges of a physician are to be suspended, is he/she entitled to due process?
Yes
How far in advance of the due process hearing is the hospital required to notify the
physician? 30 days
Do hospitals have to grant privileges to NPs and PAs? No
If a hospital grants privileges to NPs and PAs, what is the responsibility of the hospital?
Due process, fairness, appeal
Is the peer review file confidential? Yes, EXCEPT for possible civil rights violation and
possible anti-trust violation
At what point does a hospital's medical peer review report actions taken against
physicians to: the TMB? to the HCQIA? to the NPDB? If action affects privileges for
longer than 30 days or if physician surrenders privileges or if it affects membership;
never, the TMB reports to NPDB
How much time has the committee got to report back to the TMB? - Ans 15 days
,Is it enough to get a signature on informed consent? - Ans No, true informed consent
must be obtained
Which treatments requires "full disclosure" of LIST A and LIST B? - Ans Only List A
Which treatment require additional "statutory consent"? - Ans Hysterectomy, radiation
therapy, ECT
Whose responsibility is it to obtain consent, the hospital or physician? - Answer
Physician
Specialty For which of the following specific elements of an informed consent, if omitted
may be grounds for a suit? Must you have damages to sue? - Answer Nondisclosure of
risks, benefits, alternatives; yes
In an emergency, is express consent necessary? - Answer No, consent is implied
If arrested and suspected to be drunk, does the police need consent to check blood? -
Answer No, consent is deemed to have been made, but consent can be expressly denied
If anyone died in an accident, does consent need to be taken to check blood? - Answer
No
Who is a minor in Texas? - Answer Anybody less than 18 years of age who has not been
emancipated
At what age may a minor petition the court NOT to be a minor? -Answer Age 16 if living
independent, supporting self, age 17 if supporting self and managing conservator or
guardian, Texas resident
, Can consent be given by an uncle for a minor? -Answer Yes
Can an educational institution give consent for a minor? -Answer Yes, ie. boarding
school
Vaccinations: Is physician liable for damages by a required vaccination? Is physician
liable for damages done by a disease that the parents denied vaccination for? - Answer
No; no
Who is responsible to review a child's immunization record? - Answer Any physician;
failure to do so has no consequence
What if a physician does not review a child's immunization record? - Answer Nothing
Is it true you must consent to inform the authorities if you suspect child abuse or
neglect? - Answer No
Under what circumstance can a child give consent? - Answer If on active duty, when
restrictions of minor removed, for communicable disease, if pregnant for counseling, and
addiction treatment
to questions: Does the Consent to Medical Treatment Act apply to "incapacitated"
individuals? To psychiatry patients? Answer Yes; yes, but not for patients in
FREE-STANDING psychiatric hospitals
Who may be a surrogate decision maker? What are the requirements? Answer Spouse,
adult child, majority of children, parents, or a person identified by patient before
becoming incapacitated
Can surrogate decision maker consent to voluntary inpatient psych treatment? ECT
treatment? Appoint another surrogate decision maker? - Answer Not psych treatment,
