TMB
DPS registration must be renewed
Annually
Peer review documents may be shared with ....
Another medical peer review committee without waiving confidentiality protections
Records for a malpractice claim must be submitted within
45 days from a proper request
subpoenaed records for malpractice must be provided in
45 days of request
If a physician believes a patient died from abuse or neglect, you must report in
48 hours
Birth certificates must be filed within
5 days of birth
Need an abortion license if performing more than
50 abortions per year
Must report abortions within any 12 month period if at least
50 abortions were performed
A claimant may not recover damages if negligence is greater than
50%
In a negligence claim that resulted in personal injury, damage or death, the plaintiff may recover damags only if his/her percentage of liability is less than or equal to :
50%
Each TMB violation may not exceed
5K
TMB penalties may not exceed
5k per violation
Schedule II drugs cannot be filled after
7 days
Physician medical records must be maintained
7 years from date of services until minor turns 21 or 7 yrs from last treatment
Physicians are required to retain medical records for
7 years from last treatment or when the patient turns 21, whichever is later
Must retain adult records for
7 yrs from last treatment
Exceptions to confidentiality
A civil action brought by the patient for monetary damages, a criminal prosecution where the patient is the victim and the court determines the records are relevant, to a court, court order or subpoena
Malpractice is
A civil matter
Physician may knowing ly perform a 3rd trimester abortion if
Abortion is necessary to prevent substantial harm to the woman
A physician may treat a minor without obtaining consent when:
Abuse is suspected, there is an emergency
May refuse to give patient's records if:
Access to the information would be harmful to the patient's physical, mental, or emotional health
Must report a peer review action to National Practitioner Data Bank if
Action resulted from formal peer review, adversely affects the physician privileges, concerns professional incompetence or misconduct
Healthcare quality improvement act provides immunity from liability for peer review when:
Action taken was believed to be in the furtherance of quality healthcare, committee has made reasonable attempts to gain facts, physician received adequate notice, action is believed to be warranted by facts known
A license that has been expired for 91 to 364 days has what penalty
$150
Fees for medical records:
$25!for first 20 pages then $0.15/ page thereafter
A license that has been expired for 90 days or less has what penalty
$75
A licensed given surrendered with impairment may be returned if
...
TEST 1
...
Test 2
...
Test 3
...
Hospitals must retain records for
10 yrs
CME requirements
12 hours formal Category 1, 12 hrs informal
Criminal offense for children, elderly, and disabled
14 or younger, 65 or older, disabled over 14
Mental health records must be made available in
15 days
Medical records must be release within
15 days after receiving consent
Training permit is issued for
18 mos and can be renewed 6 x for 18 mos periods
a minor is a person
18 or younger, not married, and still seen as a minor by the court
TMB has how many members
19
Statute of limitations on a liablilty suit may begin to run at all of the following:
2 years after wrongful action, 2 yrs from patients knowledge of wrongful action, 2 yrs from when a minor reaches 18
Records for controlled substances must be kept for :
2 yrs
General powers and duties of the TMB
Adopting rules, issuing subpoenas for attendance or medical records,certifying nonprofit health corporations to employ mds
Qualifications for a Special Purpose license
21 yo, hold a license in another state, pass jurisprudence exam, be eligible for licensure in Tx
CME requirements
24 hrs of CME annually, including 12 hr Cat1, 12 hr self study, carry forward of maximum of 48 excess CME hrs from one year to the next, retroactive applications f maximum of 24 CME hrs
Cap in non-economic damages is
250K for each claimant regardless of the number of defendants
Supervision of PA/APRN is limited to
3 FTE
Physician supervision of APRN/PA delegated authority is limited to
3 full time equivalent at all sites
TMB investigates
3 or more malpractice claims in a 5 yr period
DEA MUST BE RENEWED EVERY
3 years
A Declaration of Mental Health is active for
3 yrs
License expires how much time after written notice
30 days
Mental health service providers who suspect sexual exploitation of a patient my a worker must report within
30 days
TMB is required to report to NPDB any sanction within
30 days
TME is required to report disciplinary action to public within
30 days
Medical professional liability insurer is required to report a notice To TMD of a complain or settlement within
30 days of notice or settlement
Practicing medicine in violation of MPA is
3rd degree Felony
An person practicing medicine in violation of the MPA commits a
3rd degree felony
Violation of MPA
3rd degree felony
An abortion of a fetus 16wks or older may be performed at the following facilities
Ambulatory surgical center, hospital licensed to perform abortions
Expert physician panel member must be
Licensed and able to practice medicine in tx
Hospital Governing Board has the authority to
Make rules for membership, approve/deny membership, require board certification, approve PA or APRN's membership
Substance abuse records are
May be released by patient or legal representative, the court, and may not be admitted as evidence in criminal processing
If license has been revoked or subject to disciplinary action by the board
May file an appeal within 30 days of the final TMB decision, file an appeal in the District Court of Travis county
Commissioned or contract surgeons in the military
May not moonlight unless they hold tx medical license
Regarding the practice of medicine, Texas Legislature:
May pass laws about qualifications and discipline, may not give preference to any school, prohibits discrimination between MD and DO
CRNAs
May prescribe anesthesia including controlled substances as delegated by a physician
A blood bank
May report a positive infectious blood test, and give name of donor to other blood banks but may not disclose the disease, must report positive HIV tests to facilities where blood was transfused but may not release donor name, must maintain confidentiality and cannot release records except by law
Organ donation payments to or on behalf of the donor:
Medical costs related to the donation, legal costs related to the donation expenses related to the donation, lost wages of the donor
Under the Consent to Medical Treatment Act, a surrogate decision maker may consent to the following:
Medical treatment
Declaration for mental health treatment
Must be signed by a person> 18, must be signed by the declarant with 2 or more witnesses, is a part of the medical record
Child abuse or neglect reporting
Must report personally in 48 hours
Advertising Board certification must include
Name of certifying board, up to date certification, board is approved by TMB
TMB makes the following available to the public about a physician:
Name, date/place of birth, gender, ethnicity, medical school, board certification
Fee for medical records:
No more than $25 for first 20 pages and $0.15/page plus postage
When writing for psychoactive medications, a physician must:
Obtain patient consent, prescribe with the standard of care, and the medication with least side effects, secure a court order, if indicated, if the patient does not consent
A peace officer can take a breath or blood specimen if
Operating a vehicle while intoxicated, an accident occurred while intoxicated, a death or near death, refusal of voluntary submission
Directive that requires physician signature
Out of hospital DNR
Unprofessional conduct includes
Overcharging, delegation of medical responsibilities to unqualified persons, failing to keep accurate records on narcotics
Newborn testing includes
PKU, hypothyroidism, Congenital adrenal hyperplasia
Substance abuse records may only be disclosed by
Patient, guardian/parent/conservator, executor of a deceased patient, court subpoena
Failure to obtain consent
Performing surgery on a body part different than stated in the consent, wrong consent, ghost surgery (someone else does the procedure)
what disease must be reported
Pertussis, measles, anthrax, diphtheria, and others, check on it...
TMB may temorarily suspend a license with out notice when
Physician is a threat to public or 3 member panel convenes in person or by phone
Patient transfer laws:
Physician may certify that benefits outweigh risks of transfer of unstable patient and may transfer a patient to a facility that has the capability to treat the medical emergency condition
Informal settlement conference are when:
Physician meets privately with the board
Birth certificate is required and may be filed by
Physician or midwife at birth, administrator of a birthing facility, in the absence of a midwife or physician, the mother or father
Physician may use an agent to communicate an RX by phone when
Physician remains legally responsible, physician must document designation of agents for communicating Rx, physician must provide a copy of the agents to the pharmacy upon request
Physician supervision of RHC requires:
Physician review of 10% of patient records
Hospital have medical liability for the following
Physician services on staff, employees
Who can pronounce death
Physician, nurse, PA
No internet prescriptions of controlled substances b/c
Physicians cannot verify identify, an online questionnaire is inadequate, diagnosis can't be established through use of accepted medical practices.
Qualification for expert testimony
Practicing medicine at the time of the claim, knowledge of standards of care, qualified on the basis of training or experience
What diseases must be reported immediately to state epidemiologist:
Anthrax, diphtheria, measles/rubeola, pertussis
Child abuse or neglect
Any person must report immediately and professional must personally report within 48 hrs
Sexual misconduct includes
Any sexual behavior between a doctor and a patient, sexual gestures or expressions
TMB members are appointed by
Appointed by Governor, confirmed by the Senate
When can an autopsy be performed
Autopsy are performed with: ordered by medical examiner, consent by authorized family member, consented to by the District Attorney
Witnesses for an advance directive must:
Be a competent adult, one cannot be related by blood or marriage, and one cannot be a physician or employee
Licensed physicians may use the following toward CME:
Board certification or recertification, CME hours form a previous licensure period, part-time volunteer service in underserved area
Physicans may be employed by a physician or by an
Certified nonprofit Health Corporation
May not pay cash for donation, but may send
Check 15 days following donation
Non certified medical radiologic technician may perform the following procedures:
Chest, spine, abdomen, skull by mobile radiography
For adoption, the person receiving the minor may provide the following to the person possessing the minor:
Child placement fees, medical/legal fees, reimburrsement for medical/legal fees incurred for the benefit of the child
Percentage of comparative liability may be assigned to
Claimant, defendant, settling person, third party
Violation of MPA is a
Class A misdemeanor
Any violation of MPA is a
Class a misdemeanor
Toe tags are for all
Communicable diseases
Barratry offense applies to licensed health rpofessionals and prohibits
Communications to persons who have not requested the communications
TMB is required to investigate
Complaints alleging violation of MPA, Adverse peer review action, three liability claims filed in a 5 yr period
The Treatment Facilities Marketing Practices Act (TFMPA) was passed to protect the public from fraud related to
Private psychiatric care, and chemical dependency
TMB may not grant probation to a physician whose license is restricted due to a felony under the Texas Controlled Substance Act; however, exceptions may be made if:
Probation is in the best interest of the public and the physician
Formal state office of administrative hearings (SOAH) are
Conducted by an administrative lay judge employed by SOAH
Genetic information is
Confidential, can be released with permission of person tested
What must be done for nursing home resident abuse reports:
Confirm oral report in writing within 5 days, reports are immune form lability except when they report in bad faith or report their own conduct, report may be made to a law enforcement agency
Informed consent includes
Procedure, risks/benefits, alternative, consequences for not undergoing procedure
Potential battery includes
Proforming procedure other than procedure for which consent was given, inappropriate touching, procedure performed by physician other than the consenting physician
What agencies regulate controlled substances
DEA AND DPS
Each physician must keep the following records of controlled substances.
Date of purchase, sale, or disposal; name/address of person receiving the drug; expiration date
When pronouncing death
Death at the time life support is removed, death occurred prior to removing life support
TMB disciplinary action
Denial of license, supervision of practice, monetary penalties
Communicable diseases that must be reported immediately include
Diphtheria and plague
Free records for the following:
Disability or public assistance, Veterans applying for assistance, abuse or neglect investigations
A patient leaving the hospital may have a controlled substance under the following circumstances:
Dispensed during hospitalization, In a properly labeled container
Requirement for domestic violence in adults
Document it, provide patient with information on rights and how to contact law enforcement and a shelter,
A physician who submits core credentials
Doesn't have to resubmit at health care entity, must provide updates when the information is no longer active
Negligence law suits must include the following elements:
Duty, Breach of duty or deviation for the standard of care, cause of injury, damages from the event
Involuntary admission to a mental facility may be accomplished by:
Emergency or temporary detention, court ordered, protective custody
Qualification of a medical peer review:
Established by governing body of a health care entity, follow bylaws and a formal process, purpose is promoting quality care
The Medical Practice Act:
Establishes the Texas Medical Board, doesn't apply to physicians serving in the military or public health, authorizes the TMB to grant the privilege to practice medicine in Texas to qualified physicians, protects public safety
TX medical license are renewed
Every 2 yrs with tMB written notice at least 30 days prior to expiration
Schedule II controlled substances may be renewed up to three times:
FALSE
T/F An advance directive must be notarized
FALSE
T/F Law requires testing of all healthcare workers for HIV
FALSE
T/F Medical records include bills
FALSE
T/F. A physician on whom adversed action is contemplated by surrender privileges in lieu of an investigation or action and thereby avoid report to NPDB
FALSE
T/F. Complaints to TMB can only be submitted in writing
FALSE
T/F. Physician may advertise that co-pay may be waived
FALSE
T/F. Texas Treatment Facilities Marketing Practice Act establishes standards for referral servies for uninsured persons seeking medical servies
FALSE
T/F: Genetic test results may be subpoenaed for malpractice.
FALSE
T/F: Physician may supply drugs or supplies to meed a patient's immediate needs if the physician has a pharmacy license:
FALSE
T/F An attending must verify the POW decisions are consistent with patients wishes
False
Syphilis , HIV, and hepatitis b are to be done for pregnant woman on
First visit, third trimester, and admission for delivery, requires consent, requires counseling for positive results
An APRN ir a PA may write RXs for controlled substances, except
For 6 months, refills must be approved by the physician
Standing delegation orders apply to the following situations:
For a designated patient population, where patients may not have been examined by the physician, where services are provided by a qualified and trained physician
Special purpose license/telemedicine
Granted to a physician who desires to practice across state lines, subject to MPA and regulation by the TMB
To receive exemplary damages in a malpractice claim
Harm must result from malice, fraud, or gross negligence
Following treatment and testing of newborns is required:
Hearing, PKU, sickling hemoglobinopathy, glactosemia, CAH, hypothyroidism, Ophthalmia Neonatorum prophylaxis
Communicable diseases that must be reported in one working day includes
Hep A, rubella, tularemia, q fever
A treating physician without a medical license and in a state contiguous to Texas may order:
Home health services, Hospice services
NPDB information may be disclosed to
Hospitals/entities at application for staff privileges and every 2 year after, licensing boards
May delegate to a CRNA
If an anesthesiologist, must register as supervising physician with TMB, WITH NO REQUIREMENT FOR DRUG SPECIFIC, DOSE SPECIFIC, OR ADMINISTRATION TECHNIQUE SPECIFIC ORDER
A physician in rural settings may provide dangerous drugs to
If drugs are labeld, sold at costs, and sold during the course of treatment
Death under 6 years old due to MVA must be reported to medical examiner or justice of the peace in what time frame
Immediately
If no liability insurance you must file a report to the board in
In 30 days
EMTALA applies when an individual who
In any ambulance and needing exam and tx for emergency medical condition, in the hospital other than the ER in need of treatment for emergency condition
If informed consent is obtained properly then:
In the event of a claimed filed in relation to a List A procedure, a jury is advised that a rebuttable presumption exists in the favor of the physician
Standing delegation orders should be
In writing, dated, signed by physician;an evaluation of competence, specify any experience, training, or educational requirements for those who perform that order
Physician must provide a way for patients to voice complaints
Including complaint information on forms, applications, permanently displaying a sign in english and spanish, including complaint information in bill
A Rehabilitation Board Order
Is a non-disciplinary private action
Who can consent for minors
Texas Youth Commission for a child committed to it, parent/guardian, court with jurisdiction
Positive HIV tests may be release to without consent to
Texas department of state health services, tested person's spouse, partner notification program of the Tx department of SHS
Who can employ physicians
Texas professional association, HMO, professional limited liability, nonprofit health corporation
What organizations may employ physicians
Texas professional association, certified nonprofit health corporation, HMO
Medical Practice Act requires liability insurers to report to the Board within 30 days after receiving a complaint filed in a lawsuit: If a physician doesn't cary insurance
The physician is personally responsible for notifying the Board regarding the claim or complaint filed against the physician
TMB may place a disciplined physician on probation under any board orders or action except:
The physician poses a threat to public safety
A non-certified medical radiologic technician who is an RN or P may give contrast when:
The supervising physician is physically present
A physician may not perform an abortion on a unemancipated minor unless
Tries to notify parents 48 hrs prior to, a court order permits abortion without parents consent, it is necessary to prevent death or bodily injury
T/F. An advance directive is effective without notarization
True
T/F. Physicians may not practice through a professional corporation
True
T/F. Physicians who practice through a professional corporation may be subject to disciplinary action and the corporation may be guilty of illegal practice of medicine
True
When a physician moves his practice he must request in writing a modification of DEA registration and have it approved prior to the effective date of the move:
True
Violation of TMB rule is a violation of MPA
Type of violations: no CMEs, No complaint number, no drug records/logs, charging excess fees
Must retain minor records
Until minor reaches 21 or 7 yrs from last treatment
TMB may limit advertising by
Use of unsubstantiated claims
Standing delegation orders are:
Used in underserved areas, used at primary practice sites, used when PA/APRNs provide primary care to patients under supervision from a physician, used by pharmacists accepting delegated drug management
Patient with serious mental condition posing a threat to self or others may:
Voluntary admission, or Emergency detention
Physician-patient relationship
Voluntary and arises when a or requests and is supplied information or services;a mutual agreement
The agent for POA may not consent for
Voluntary inpatient mental health services, abortion, etc
Physician must certify to health department a medical indication for 3rd trimester abortion
Within 30 days
A physician may challenge a TMB action in state district court:
Within 30 days of the Boards final action on a board order
Physician must provide medical records for malpractice liability claims
Within 45 days of the proper request for the record
Medical certification of death which occurred due to a medical condition must be made
Within 5 days of receiving death certificate
If u permanently surrender your license
You can never reapply
The TMB
a part of the executive branch of government, has 19 members appointed by the governor, May not establish a fee schedule
TMB may suspend or revoke a license if a physician is...
a threat to public safety
An anatomical gift can be made by/on:
a will, a drivers license, donor card with 2 witnesses, document signed with 2 witnesses
if at time of death the patient had a communicable disease the physician is required to
affix a body tag, preferably on the great toe
Temporary license is issued
after passing jurisprudence exam, does not have a number, may be used to apply for controlled substance registration along with DEA registration, is valid until TMD approves full licensure or renews a temporary license for 180 days
A court may impose santions for frivolous claims or unnecessary delays on who:
all attorneys, the plintiff and the defendant
A court is required to report convictions of what type within 30 days
all convictions, felonies, misdemeanors, fraud, abuse
Advance directives must
are effective indefinitely, may be revoked orally, in writing or by a physical sign at any time regardless of mental capacity
Hospitals are required to query NPDB
at application for privileges and every 2 years
A physician's obligation in a physician-patient relationship includes:
bilateral agreement, provideing medical services as required until another physician's services are secured, not unilaterally terminating relationships when medical services are needed
Telemedicine requirements
board certified in speciality, pass jurisprudence exam, actively licensed in other state without issues
non certified radiology techs may do the following exams
bone density, CXR, spine, extremities, abdomen
A Pharmacist may manage drug therapy for a patient:
by physician order, with patient consent and if laboratory tests are required
A physician patient relationship may be terminated if :
by the patient at an time, by the physician after reasonable notice to the patient
A malpractice case is a
civil matter
Under the Medical Power of Attorney, the agent does not have authority to
consent to withholding care related to comfort measures
Texas advance directive
directive to physician, out of hospital DNR, Medical POA, Declaration of Mental Health treatment
Drug testing can be taken without consent when:
driving while intoxicated, a death or near death due to accident, peace officer orders the test
Power of Attorney valid
during the time period a physician certifies that the declarant lacks competence, and is effective indefinitely unless the declarant specifies an expiration date
The Good Sameritan Act applies to
emergency services provided by an off duty health professional at the scene including use of AED
At least one witness signing Advance directive must not be
employee of healthcare facility providing care, a person entitled to any of the estate, related by blood or marriage, the designated agent
A person with mental illness cannot be denied admission because the person suffers from
epilepsy, alchololism, mental deficiency
What cannot be sued to deny/curtail privileges
failure to belong to a medical society
Before performing an abortion, you must notify patient of
father's liability, available medical assistance, medical risks of procedure
Confidentiality of alcohol or chemical dependency is protected by
federal law
Fetal death certificate
for a fetus is at least 20 wks
TMB may disclose information
for disciplinary hearings, to physician licensing authorities, under court order, for research purposes as long as confidentiality is maintained, to texas workforce compensation commission
Abortion on Minors who:
have parental consent, emancipated monor, with attempt to notify parent/guardian 48 hr prior to procedure, upon order of a judge to bypass parental notification
OOH-DNR
if for private homes, hospice, long term care facilities, must be witnessed by 2 people and signed by physician
Physician impairment can be due to
illness, drunkenness, drugs, mental/physical condition
Unless it is an MVA the death of a child under 6 must be reported to medical examiner
immediately following death
Physician must report all abortions performed in the
in a licensed abourtion center or physician's office
DEA and DPS registrations must be
in each office setting if practicing in more than one location
The ISC
is informal, allows legal counsel and witnesses
APRN, Pas may prescribe schedule III, IV, V drugs for what period
less than 90 day prescription
If physician refuses to comply with directive:
life sustaining treatment for 10 days until transfer to another physicians care, refusal must be reviewed by ethics committee
Physicians may not delegate prescriptive authority of PA/APRN for
more than 1 hospital or 2 long term care facilities
Extent of exam required to provide adequate medical screening
must be beyond initial triage, determine the existence of a medical emergency
A show of compliance for informal settlement conference may be used to expedite complaints. The TMB
must notify physician of the ISC, provide statement of issues, provide rules, provides regulator provisions at issue
What requires an advance directive
no one can require an advance directive
The rehabilitation Order is
non disciplinary and a private order, exempt from open records law
Using steroids for body building, failure to monitor drug levels, administering sub-therapeutic doses of a medication is:
not consistent with public health and welfare
A blood bank report for stats purpose may
not include any identifying information
Who can pronounce death
physician, nurse, PA
Precipitating causes of malpractice include:
poor records, criticism of colleagues, poor bedside manner, ghost surgery
Physician supervision of a rural health clinic includes
presence at RHC every 10 days, signing a log at the conclusion of each visit, availability by phone
Sample drugs must be:
provided at no cost to physician, delivered to the patient at no costs, properly labeled, not repacked
Hospitals may be liable for negligent acts of hospital based physicians like:
radiologist, ER doctors, anesthesiologist, pathologist
Complaints may be received by
registration forms, bills, a sign must be in plain view
Advance directives must be witnessed by two people who are not
related (blood/marriage), don't work in facility where being treated, not a declarent to the estate
Anti kick back laws prohibit:
remuneration for referral, recommending/arranging purchase of medical equipment, accepting rebates or forgiveness of debt
Review of immunization history is
repressibility of treating physician, failure to do so does not subject the physician to liability
Delation must be
safely performed by individual, does not violate a statue, within the scope of sound practice
Texas Anatomical Gift Act, who may authorize donation
spouse, adult child, either parent
TMB has authority to:
subpoena records, documents and/or attendance of individuals, adopt rules for licensing and disciplining physicians, receive and maintain confidential documents
Supervision of delegated prescriptive authority in the primary practice site requires:
supervisory review of practice is based on education and experience of APRN or PA
T/F If accidental exposure to blood or body fluids you must test
suspected infected person
The TMB may not
suspend specialty board certification (but TMB can: suspend license, require supervision, require treatment for psychiatric illness)
All pregnant women must have blood taken for
syphilis at first visit and upon deliver, HIV at first visit, 3rd trimester, and upon deliver, Hep b at 1st visit and upon delivery
A minor may have the disability of minor removed if
texas resident, 17 or older, or at least 16 and living apart from parent/guardian, self supporting
A Minor may consent if:
texas resident, 17 or older, or at least 16 and living apart from parent/guardian, self supporting, with armed services, for treatment for reportable infectious diseases
Health care entity is not required to report to TMB if
the action is limited to less than 30 days
Final decisions on hospital staff privileges are made by
the governing body
Physician may prescribe narcotic for intractable pain if
the intractable pain and pain management are documented
A mental health directive may be executed by:
the person if over 18 or emancipated, only
The Directive to Physician executed by an individual concerning withholding or withdrawing life sustaining procedures is effective when:
the person is determined by the attending physician to be in a terminal or irreversible condition
If an autopsy is later determined to be invalid
the physician is not liable for damages
A minor may consent to treatment when
treatment of communicable disease, addition/dependency, sexual abuse
TMB must disseminate information to physicians:
twice a year
APRN, Pas may prescribe for child less than 2 if
under consultation with delegating physician and documentation of same in the medical record
Advance directives are valid
until revoked
Hospitals granting privilages are required to query the Data bank
upon application for privileges and every 2 years after
Physicians are required to provide requested profile information
upon application, at renewal, upon information changes
Minimum patient relationship needed to prescribe narcotics
verification of identity, establish diagnosis, discuss treatment risks and benefits, availability for follow up,
TMB may discipline a physician for
violations of TMB rules
Must update TMB profile
when any change occurs
If Medical Power of attornery conflicts with Deirective to physician, the following controls
whichever instrument was excecuted later in time
A death certificate must be filed
within 10 days of death
Physician must notify TMB of information changes (address/name)
within 30 days
Physician delegation to a pharmacist
within pharmacy laws, does not include drugs not prescribed by physician unless provided for in a protocol or order, require availability for consultation, requires physician to provide daily medical care and supervision if needed
TMB disciplinary actions:
Public reprimand, required participation in education or counseling
The general statutory consent form for the following procedures:
Radiation therapy, hysterectomy
Texas Prohibition on Solicitation of Patients prohibits:
Remuneration of referrals by health care providers to any other health care provider
For Elder abuse, the physician is required to:
Report immediately to the texas departmnt of family and protective services
ECT rules
Requires consent, must be older than 16, and if older than 65 must be notified that etc may cause injury/death
Following disciplinary action the board must report the following actions:
Restriction, suspension, revocation
HIV tests are made available to
Spouse, CDC, state health department
Practicing medicine without a license and causing harm is a
State jail felony
Payment on a liability claim must be reported to:
TMB and national practioner Data bank
A parent of a mentally retarder child over 12 may consent to the donation of a kidney to a family member
TRUE
T/F A physician has information the patient may hurt himself or others, the physician must report to authorities, no exception for confidentiality
TRUE
T/F A suspension of 30 days or longer must be reported to TMB
TRUE
T/F An advance directive is active until revoked
TRUE
T/F Drowning, spinal cord injuries, TBI, must be reported to TDSHS
TRUE
T/F Failure to review immunization records can result in disciplinary or civil action
TRUE
T/F False information given to TMB is tampering with government record
TRUE
T/F Physicians may not practice through a professional corporation
TRUE
T/F. A Physician on call has liabiity uner patient transfer laws if he or she fails to appera within a resonable time to provide stabilization treatment
TRUE
T/F. An inquest may be requested by the ME to determine cause of death
TRUE
T/F. HIV test may be released to a spouse
TRUE
T/F. Protection from liability for a non-physician provideing information to a medical peer review committee in good faith without malice
TRUE
T/F. Schedule II inventory records must be separate from other records
TRUE
T/F: Schedule II-V controlled substances may mot be refilled more than 6 months after day of issuance and may not be refilled more than 5 x
TRUE