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A comprehensive overview of key legal concepts and regulations related to medical practice in texas. It includes a series of questions and answers covering topics such as physician licensing, medical malpractice, patient rights, and reporting requirements. Particularly useful for students and professionals seeking to understand the legal framework governing medical practice in the state.
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A physician may reapply for reinstatement at any time, but no revoked license can be reinstated before how long? - correct answer ✔ one year Violation of the MPA can lead to imposition by Board of an administrative fee up to - correct answer ✔ $ Practicing medicine without license and in violation of the MPA is what kind of offense? - correct answer ✔ 3rd degree felony Physicians found guilty of solicitation of patients or who receive remuneration for referrals are guilty of what kind of defense and the physicians are subject to a civil penalty of no more than how much? - correct answer ✔ Class A misdemeanor, $10K Breach of warranty - correct answer ✔ allows recovery for failing to provide a service you guarantee under the Texas Deceptive Trade Practices Act (e.g. say you are a plastic surgeon and perform reconstruction surgery when in fact you are not board certified) Summons vs petition - correct answer ✔ The summons (citation) notifies the physician that a suit has been filed The petition is the complaint or the alleged negligent act
When citation filed, a copy is served to the physician. All parties are entitled to the patient's medical records within how many days? from date of a written request - correct answer ✔ 45 days Defendant must file an objection with the court within how many days after the day it was served - correct answer ✔ 21 days 3 levels of proof of law - correct answer ✔ 1) beyond reasonable doubt (criminal case) (e.g. jury trial, all jurors must agree)
Prescriptive authority limted to ____ PAs or NPs - correct answer ✔ 5; 4 Omnibus Health Care Rescue Act - correct answer ✔ Applies to medically underserved areas where physicians can delegate RN/PA to provide medical care; physicians must receive daily report, visit the clinic at least once during each 10 day business period Respondent superior - correct answer ✔ physician is responsible for the actions of his employees True or false: Only hospitals are subject to civil liability; physicians are not - correct answer ✔ True HIPAA Privacy Rule provides civil and criminal penalties for unlawful disclosure
Implied Consent Doctrine - correct answer ✔ applies to emergency circumstances, in which consent is not necessary Wrongful handling or abuse of a corpse are subject to what penalty? - correct answer ✔ a $4000 fine and/or jail term up to 1 year Promoting a suicide is what kind of offense? if it results in death or serious injury, charge escalates to? - correct answer ✔ Class C misdemeanor; charge escalates to a felony Local authorities should be contacted when with oral reports of abuse in nursing home patients Written report should be done within when from the oral - correct answer ✔ immediately; 5 days Sexual abuse of NH patient is a what kind of offense? - correct answer ✔ 2nd degree felony What time frame does a nonprofessional vs a professional have in reporting child abuse? - correct answer ✔ immediately vs 48 hours Failure to report gunshot wounds and overdose - correct answer ✔ misdemeanor and can result in imprisonment up to 6 months, or a fine up to $