Texas Jurisprudence Exam Part 10

Can you pronounce the death and transplant an organ in the same patient?

At what age and how can a mentally retarded person donate a kidney?

Can a blood bank pay for blood? How? After how many days?

What is the duty of a medical professional when treating an adult with family violence? What languages to use?

Does the physician have to call the police in cases of adult family violence?

What is the difference between a professional and a medical professional?

Reporting of child abuse? By whom? How fast? Can it be delayed? To whom (3 entities)?

Will the TDPRS act on anonymous calls regarding child abuse? Does it satisfy a professional duty to report?

How much time do professionals and medical professionals have to report the death of a child secondary to suspected abuse?

What kind of crime is lying in a report on child abuse? Not submitting a report?

Who must report nursing home abuse?

Is the report of nursing home abuse verbal or written?

What kind of offense is it NOT to report nursing home abuse?

Can the institution retaliate against a whistle-blower in cases of nursing home abuse?

When and within what time limit must nursing homes report resident deaths?

Within what time period must nursing home deaths be reported if the resident just transferred to hospital within 24 hours and died?

Who is considered a child, elderly, or disabled person when talking about a criminal offense for injury of the above?

Who is considered "elderly" when living at home?

What kind of offense is it if you do not report elderly abuse?

Can a volunteer report abuse in a hospital, etc.?

Who is considered a mental health worker? Does that include priests?

Give definitions for 4 types of sexual contact

What is sexual exploitation?

What is therapeutic deception?

What of the above questions is cause for action?

Is an employer liable for the sexual misconduct of a current or previous worker with a current or discharged or ex-patient?

What is considered "emotional dependence"?

Is it a defense that the sexual misconduct was consented? Off the premises? Outside treatment sessions?

Who are the 2 agencies that should receive a report in cases of sexual misconduct?

When to report sexual misconduct? What offense is failure to report?

If you are examining a patient with a communicable disease, what is your duty?

Who has to report communicable diseases?

What sort of situations must be reported?

Can an employee in the office do the reporting?

If a physician reports a communicable disease, does the hospital also have to report it?

If you treat a patient with a communicable disease that dies, what are your 2 responsibilities and within what time frame?

What kind of crime is nonreporting communicable disease?

If you are a police officer, firefighter, etc., can you make somebody have an HIV test if you think you might have been exposed? Who do you call?

Is the police officer, etc., required to be tested himself/herself?

If an employee is exposed, can the hospital check if the person is harboring an infective agent?

What diseases must they test for?

Do they need the patient's consent?

Who must report occupational exposure? Does that include labs?

What occupational exposure must be reported?

Do you have to report birth defects?

Which diseases have to be reported immediately?

Which diseases must microbiology labs report immediately?

Can you make somebody have HIV test? What are the 4 exceptions?

What kind of crime is it if you force somebody to take an HIV test?

Does HIV testing consent have to be written?

Do you have to sign an HIV consent if you have signed a consent for treatment?

Do you need consent for lab testing after accidental exposure?

Does a physician have to contact the partner notification program if a patient is HIV positive and the physician suspects sexual activity?

Can a health care worker with exudative lesions or weeping dermatitis participate in direct patient care or handling of medical equipment?

If you are a health care worker that has HIV or hepB or HbeAg, can you perform invasive procedures that are "exposure-prone"? What are the 2 requirements?

What if you do invasive procedures that are not exposure-prone, and you are positive for HIV, HepB or HbeAg? Do you need to inform?

Can you force rapists to undergo HIV and HepC tests?

Which neoplasm must be reported to the cancer registry?

Which traumatic injuries must be reported? To whom? Who is responsible to report?

Do you have to report overdosing and gunshot wounds? How fast? Who are the 2 people who can report that?

What kind of offense is nonreporting of traumatic injuries, overdoses or gunshot wounds?

What is a "commitment order"?

Who is considered an "adult" in order to proceed with voluntary psych admission?

What are the 3 types of involuntary psych admissions? Who can order them?

Does being on ETOH, senile, mental retardation, epilepsy constitute grounds to deny voluntary psych admission?

When you are admitted involuntarily, when can a patient be forced to take psychoactive mediations (3 cases)?

Do you need a separate court order to give psychoactive medications in addition to the court order for involuntary admission?

Do you need a physician order to put patient in restraints?

When should you consider prescribing psychoactive medications?

ECT may not be used in people less than ___ years of age. Any exceptions?

Can anyone, including courts, force somebody to have ECT without their written consent?

How often do you need consent for ECT?

How about people > 65 years of age, who must sign for ECT?

Can psychiatry hospitals employees' pay be based on # of admissions, length of stay, calls to referring sources?

Can psychiatry hospitals "guarantee" a cure on advertising?

Can psychiatry hospitals solicit information about patients' confidential records to solicit them for services?

Can a physician send a patient directly to psychiatry hospital? Do they have to first get insurance approval?

How long is a mental health directive valid for?

Does a mental health directive suffice to allow ECT treatment?

Does Texas have "duty to warn" for mentally-ill patients? Is this breach of confidentiality

Can patient refuse mental health treatment after admission?

Who does EMTALA apply to?

What is considered "campus"?

What 4 places constitute "coming" to the ER?

If an ambulance despite being told that the hospital is on diversion comes to the ER, can you send them away?

Is pregnancy a medical emergency?

Under EMTALA, what MUST a hospital provide?

Is it enough to log in or triage the patient?

Can you delay treatment in order to check insurance? Get pre-approval?

Can you provide different levels of care based on insurance?

Can a PA or NP provide the EMTALA required screening?

Does admitting the patient for treatment satisfy EMTALA requirements?

If patient refuses treatment, does that satisfy EMTALA? What is the appropriate protocol?

If a physician is not available to determine if transfer is necessary, who else can do it? What is required?

Do you have to send medical records when transferring from an ER?

Can you transfer because on-call physician did not show up? What must you do?

Can a specialized hospital (e.g., burn unit) refuse a transfer because "they are full"?

How many years must you keep records of patient transfers?

Do hospitals need to keep on-call lists?

Can you do elective surgery when you are on call?