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Medicine /Texas Jurisprudence Exam Part 5

Texas Jurisprudence Exam Part 5

Medicine40 CardsCreated 3 months ago

This deck covers key questions and answers related to the Texas Medical Board's regulations and procedures, including licensing, disciplinary actions, and delegation of medical tasks.

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What happens to his/her license if a physician goes to prison?

TMB is required to suspend
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Key Terms

Term
Definition
What happens to his/her license if a physician goes to prison?
TMB is required to suspend
How many malpractice claims within what time period automatically open a board investigation?
3 within 5 years
How many people from the TMB are necessary to temporarily suspend a license?
President appoints a 3-member panel; can be done by phone
Is self-reporting addiction a disciplinary action? Is a rehabilitation order a disciplinary order?
No; no, it is the only nondisciplinary order
Is probation a disciplinary order? Who cannot be put on probation?
Yes; sex offenders, felons, prisoners, or if the physician is a threat to public
Can the TMB make a physician give a refund? What is the maximum amount of refund?
Yes; cannot be more than the amount paid
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Texas Jurisprudence Exam Part 5
TermDefinition
What happens to his/her license if a physician goes to prison?
TMB is required to suspend
How many malpractice claims within what time period automatically open a board investigation?
3 within 5 years
How many people from the TMB are necessary to temporarily suspend a license?
President appoints a 3-member panel; can be done by phone
Is self-reporting addiction a disciplinary action? Is a rehabilitation order a disciplinary order?
No; no, it is the only nondisciplinary order
Is probation a disciplinary order? Who cannot be put on probation?
Yes; sex offenders, felons, prisoners, or if the physician is a threat to public
Can the TMB make a physician give a refund? What is the maximum amount of refund?
Yes; cannot be more than the amount paid
What is monitoring?
Continued oversight of the board for subjects on disciplinary orders
Who is part of an informal hearing and what is it?
Members of the board, at least one of whom is a public member, physician, his/her attorney; a means to settle a case without an administrative hearing
When do you go to formal hearings? What is the SOAH? Is it part of the TMB? Who holds the hearings? Who is participating? Must the TMB follow the ruling of the administrative law judge?
If no settlement reached after informal hearing; state office of administrative hearing; no; board members, physician, attorneys, and administrative law judge; NO, they do not have to follow the judge's ruling
Where can a physician file an appeal? Within what time period? Can he practice in the interim?
Circuit court Travis county, within 30 days after final board decision; physician cannot practice in interim
Can the TMB panel serve a subpoena to a physician?
Yes
Can the physician get his file?
Yes, with written request, within 30 days
Can you voluntarily surrender your license?
Yes, but board does not have to accept it
If you surrender your license to avoid disciplinary action, can you reapply for it?
Yes, if there is no prohibitive circumstance
If you surrender your license voluntarily, whose burden is it to show competence if you want it back?
The physician who surrendered the license
How often and how soon can you reapply to have your license reinstated if it has been canceled/suspended, etc.?
Once a year
What is the maximum administrative penalty? How long do you have to pay it?
$5000 per violation; 30 days
What is the maximum penalty for an action for civil penalty by the attorney general? How long do you have to pay it?
$1000 per penalty, 30 days
What kind of offense is a violation of the MPA? What kind offense is it to practice medicine in violation of the MPA? To practice medicine with financial harm?
Misdemeanor class A; felony; jail felony
May you perform emergent surgery while drunk?
No; emergency MIGHT be an exception
If you have a contract with an impaired physician, can you avoid reporting him/her?
No
Can the board regulate advertising?
No, except to prohibit false, misleading, or deceptive practice
Are 'testimonials' allowable advertising?
No
Is it permitted to advertise board certification? Board eligibility?
Certification, yes; not eligibility
What is a standing medical order?
Physician order to institution, e.g., nursing home
What is a standing delegation order? What are the requirements?
Physician order for patient or population; signed, dated, in writing
Who can a physician delegate to?
Any qualified and properly trained person
Who can the physician delegate to administer dangerous drugs?
Any qualified and trained person
Can a physician delegate to a midwife?
Yes (e.g., eye prophylaxis)
Is a physician liable for the actions of a NP or PA?
No, unless vicariously liable due to employment
What kind of name identification do PAs need?
Name tag identifying themselves as a physician assistant
What requirements exist for prescription for PAs and NPs?
No schedule 2; maximum 90 days, no refills unless consultation with physician
Which drug schedules can PAs and NPs prescribe? How many days? Can they give refills? Can they treat children? What ages?
Schedules 3-5, 90 days, refill after consultation with physician; Yes, but children less than 2 years only after consultation with physician
How many PA and NP equivalent FTEs can a physician supervise at maximum?
3 FTEs
Can CRNAs give all anesthetic drugs? Are they restricted to a particular MD?
Yes; no, any MD
What authority do pharmacists have? Can they give immunizations? Where does the supervising physician have to be located geographically?
Getting histories, ordering drug therapy-related tests, procedures, modifying drug therapy; yes; physician has to be able to be physically present daily
What can optometrists prescribe?
Eye ointments
Can anybody be a surgical assistant? Do they need a license?
Yes; yes, if they identify themselves as licensed, otherwise, no
Can a physician delegate the taking of X-rays to noncertified technicians?
Yes
Can they do bone density? Nuclear tests? CT? Skull X-ray?
Bone density, skull, spine, extremities, abdomen, chest; NOT CT, nuclear test, etc