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147 Cards in this Set
- Front
- Back
what culpable mental state is when it is person's conscious objective or desire to engage in conduct or cause the result
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INTENTIONAL (vs knowing mental state when person is aware that his conduct is reasonably certain to cause bad result)
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get life in prison for what 2 types of felonies
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capital felony and 1st degree
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if provider has cause to believe that a child has been or may be abused/neglected, how long does he have to report incident
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48hrs
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what type of injuries must be reported to dept of health
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spinal cord, traumatic brain, and submersion injuries.
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if make oral report about nursing home abuse/neglect, how many days do you have file written report
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5
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person who makes reckless or bad faith report of abuse, neglect, exploitation of nursing home resident is subject to
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Criminal charge of Class A misdemeanor (same one you get if you report something) + civil penalties
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what department is responsible for investigating abuse, exploitation, or neglect of elderly or disabled person
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Department of Protective and Regulatory Services
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what agency should child abuse cases be reported to
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Department of Protective and Regulatory Services
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if fail to report child abuse/neglect, then you commit a...
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class B misdemeanor (remember that failure to report elder abuse is Class A)
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does a provider need consent of parents to order labs, xrays, etc on child if abuse/neglect suspected
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No BUT....if child is >16 y/o then cant if that child refuses to consent.
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if dont report abuse/neglect of mental health facility pt, what type of misdemeanor
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class A (same as elderly abuse/neglect) vs class B for child abuse/neglect
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what STDs are required to be reported
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HIV, chancroid, syphillis, gonorrhea, chlamydia
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to whom do you report STDs
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local health dept director
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records of medical peer review committee may be disclosed to
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-another medical peer review committee
-state board in own state & others -national accreditation body -appropriate state or federal agency |
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pt in hospital died but reason for death is unclear OR child >6 dies of reason other than MVA OR think may be suicide...what must you do
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contact local justice of peace so that an inquest can be conducted
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how many times must a nursing home resident have a medical exam
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at least once a yr
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victim of sexual assault has right to forensic medical exam but victim must report incident to law agency in what time frame
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within 96 hrs
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how many mandatory unannounced inspections must be made in nursing home
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2 per yr
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once a minor is admitted to mental health facility, an applicable "bill od right" should be explained to minor and guardian within what time fram
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24 hrs
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in county of 3 million or more, the forensic portion of medical exam of child thats alleged to be sexual assault victim, must include......
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photo documentation of an injured area (includes anogenital area pics) UNLESS medical provider documents good cause for not doing so)
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gestational agreement must be signed how far in advance
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before the 14th day preceding the transfer of embryo/sperm/ etc to gestational mother (must sign agreement at least 15 days before
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requirement for prospective gestational mother
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has had at least one previous pregnancy and delivery and carrying another preg & having delivery will not put her in harm
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state cant stop abortions in first trimester, BUT if doctor performs abortion in 3rd trimester then what must he do
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must send to dept of state health services the medical indication for abortion (must do this within 30 days of abortion)
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what happens if F has abortion but child born alive
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child can be taken away from parents and placed into custody of texas dept of Protective and Regulatory Services
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what can a minor do before having an abortion if she doesnt want parents/guardian to know about it
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can file application for a court order authorizing the minor to consent to the abortion (can file this application using only initials or pseudonym)
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if providing prenatal care for patients, what must you document in the chart about postpartum stuff
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must offer resources/
organizations of places that offer pospartum services (including for postpartum depression); must be documented before child delivered |
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couple wants to enter into gestational agreemen with a woman willing to donate her eggs. what information must you provide to obtain consent for procedure
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--rate of successful conceptions due to procedure (specifically statistics on clinics outcome)
--risks of procedure and risks of outcomes --nature of expenses related to procedure |
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if F wants to be mom but not get married finds guy that wants to be father but doesnt want to get married, what must they do to arrange for this plan so that Jared has parental rights
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man must provide his sperm to doc who will conduct procedure and man & woman must sign consent
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does physician have to get consent from parent to perform abortion on minor
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no, just have to give 48 hrs notice in person/telephone to parent of what minor wants to do
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physician who intentionally performs abortion on pregnant minor without metting proper authorization requirements is subject to fine of up to
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$10,000
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when do you not have to get informed consent or document explanation to pt in chart for test for HIV
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if pt has already signed general consent form to allow medical test
OR if pt's blood/bodily fluids exposed to hlth care worker |
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what conditions must be tested for in preg women
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hep B, HIV, syphillis
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what 3 facilities must offer, to the extent facility can offer it, pneumo and influenza vaccines to elderly
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hospitals, doctors office, end stage renal facilities
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surrogate decision maker cannot consent to.... (3)
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1) voluntary inpt mental hlth services
2) electroconvulsive tx 3) appt of another surrogate decision maker |
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person commits ____ if he with intent aids/attempts to aid another person to commit suicide
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class C misdemeanor
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who is in charge of investigating HIPAA violations
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Secretary of Health and Human Services
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for negligent violations (ie civil penalty) of HIPAA rules, what is fine
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up to $100 per violation, not to exceed $25,000per calendar yr
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for criminal sanctions (ie or knowign and intentional violations) of HIPAA violations, fine is
____for knowingly misusing PHI ____for offense committed under false pretenses ____for offense committed with intent to profit/harm |
up to $50,000 or 1 yr in prison if knowingly violate PHI
up to $100,000 or 5 yrs if offense committed under false pretenses up to $250,000 or 10 yr in prison if offense committed with intent to profit/harm |
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how long to keep medical records of a patient <18y/o when last treated by physician
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until pt reaches age 21 OR 7yrs from date of last treatment (whatever is longer)
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3 ways you can notify pts that clinician is leaving practice
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local newspaper, written notice at office, and sending letters to pts seen in last 2 yrs
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how much can you charge for pts to obtain medical records
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no more than $25 for first 20 pgs and then 50 cents per pg after that
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Texas Medical Board consists of how many members (and what are "specialties" of members)
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19 total (9 MDs, 3 DOs, 7 public representatives)
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what are requirements for physicians to be members of Texas Medical Board
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must have practiced medicine x 5yrs AND actively engaged in organized peer review at hlth care entity for at least 3 yrs preceding appt
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hearing screening tests have to be given by???? but not?? (types of facilities)
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must be given by birthing centers (centers in counties with pop of >50,000 & >100 births/yr) but midwife run facility doesnt have to
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4 critieria for psych emerg detention:
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1) pt has mental illness
2) risk of harm to self/others 3) harm imminent unless admit pt 4) restraint cant be accomplished without emerg detention |
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court ordered chemical dependency treatment can only be held if, on file, there's ....
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2 certificates of med exam from 2 diff physicians confirming chem dependency
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what type of felony if sexually assault someone
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2nd degree
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how many refills can you write for schedule 3-5 drugs
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5
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if no fam member to give consent for autopsy, can obtain consent from what dept
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texas dept of criminal justice
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MD who intentionally performs abortion on pregnant unemancipated minor without mtg proper authorization requirements subj to fine of up to
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$10,000
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if reason to believe minor has been abused, then must report it to
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dept of protective and regulatory services
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to meet informed consent for abortion what 3 items must be included
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-name of physician
-risk of infection -probability of inc risk of cancer associated with terminating preg |
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dept of state hlth services must make avail on website a list of professional org that provide postpartum counseling/assistance. how often must list be updated
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monthly
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must test for PKU, hypothyroidism, and other diseases at birth UNLESS
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parents object based on religious beliefs
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____ is something that a person must do to be in compliance with the law
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affirmative duty
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3 things you must do if you are treating injuries that you think are caused by family violence
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1) document evidence upon which you believe injuries are caused by domestice violence
2) tell pt of nearest family violence shelter 3) give pt notice ab patients rights againt aggressor |
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2 types of medical examinations that are contained in the Mental Health Code
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"preliminary examination" and "Certificate of Medical Examination for Mental Illness"
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Preliminary examination under the Mental Health Code must contain
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-nature of disorder
-risk or harm that pt's behavior could cause & that this risk/harm is imminent -statement saying that emergency detention is least restrictive means of restraint |
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when is physician consider an "officer of the court" in mental cases
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when he performs medical exam & provides findings to court for purposes of determining individual's mental health status
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if adult client of intermediate care facility for mentally retarded pts doesnt have legal guardian nor surrogate decision maker, then who can make tx decisions
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surrogate consent committee
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can pt contact his attorney if he is being held on emergency detention
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yes
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who can file a petition for court order tx for chemically dependent pt
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-any adult
-county or district attorney |
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the two statements from physicians who've evaluated chemically dependent pt must have been completed ___days before final hearing
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30
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commitment hearing must be set by county judge within WHAT TIME FRAME of filing of the petition for court-ordered tx
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14 days
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probable cause hearing shall be held no later than _____ after the hour when protective custody of chemically dependent indiv begins
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72 hrs
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judge may issue order for protective custody pending commitment hearing for chemically dependent pt. what is 2 criteria that must be met in order to do this
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1) physicians opinion that person is chemically dependent
2) evident that persons presents substantial risk of harm to self or others if not immediately restrained |
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FDA or _____ can approve the use of a new drug (which is any drug thats NOT generally recognized safe or effective)
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Texas Health Commissioners
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what are considered Dangerous Drugs
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those that are not safe for self medication, so they require prescription but are not controlled subs nor in pentaly groups
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federal regulations require records of controlled substances to be kept for
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2 yrs
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cocaine is schedule ___-
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II (all other illegal drugs are schedule I)
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prescriptions for schedule III or IV drugs cant be filled/refilled > ____months after date of issue
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6
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person who uses practitioners DEA # illegally is guilty of...
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Class C misdemeanor
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in order to use/transport/receive/etc source of radiation, must have license or exemption from ___ or ____
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Dept of State Health Services
OR Texas Natural Resource Conxervation Commission |
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3 circumstances that autopsies be performed (ie who do you need permission or order from)
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-permission by next of kin
-order of coroner or medical examiner -order of health authority |
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If a pt dies in jail, when can justice of peace conduct an inquest
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if pt dies of something other than natural causes while attended by MD or nurse
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physician performing autopsy under invalid order is what type of misdemeanor
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class B
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if person disturbs, dissects, conceals, etc a human corpse, he commits a
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class A misdemeanor and possible civil offense
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what must justice of peace do if patient commits suicide
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must hold an inquest
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when must death of child <12 mo old be reported immed to justice of peace, medical examiner or other proper official
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if pt dies suddenly or is found dead and cause of death is unknown
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if have pt with reportable STD, how long do you have to make report
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7 days
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if fail to report reportable disease then you commit
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class B misdemeanor
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can you release communicable disease records if subpoena issues
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no (can only be released in public hlth disaster to law enforcement solely for protecting indiv)
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notification under the Partner Notification Program for HIV infxn shall be made by
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employee of Partner Notification Program (but cant give identity of infected indiv NOR date/time period that partner was exposed
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HIV exposure incidents must be reported to
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Dept of Health
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negligently breaching the confidentiality of HIV test results may result in civil penalties of
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$5000
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penalty for willfully releasing or disclosing a test result to unauthorized person includes
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actual damages, civil penalty of 5000-10,000, court costs of person bringing forth claim
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if blood bank reporting to hospital the result of an HIV + test of donors blood, what info can they give
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CANNOT give name of pt
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what can a blood bank report to other blood banks about donor who has dz
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can only give name of blood donor and say that he or she has infectious disease (cant actually say name of disease)
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can health care worker who is infected with HIV or hep B perform an exposure-prone procedure
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yes as long as worker seeks counsel from expert review panel and have been advised
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what immunizations do institution of higher education require
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institution can decide what immunizations it will require
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in addition to measles, mumps,rubella, polio, Tetanus, diphtheria, Dept of State Hlth services require child to be immunized against what 2 additional things before admission to child care center
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hep A and pneumo
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adult pt died. what next of kin (and in what order) may donate pt's organs
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spouse, adult child, parent, guardian
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if no objection from spouse, children, etc., corneal tissue removal may be permitted by what 2 ppl
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justice of peace and medical examiner
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if removing organ for donation from dead pt, who cannot participate
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physician who determined time of death
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who can enucleate an eye when eye is for anatomical gift
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dentist, embalmer, or physician-supervised tech if he has completed course in eye enucleation taught by ophthalmologist
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can you donate your organs to a forensic science program
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yes if it is at general academica teaching institution as defined by Texas Education Code
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if person wanted to donate organs then dies but doesnt specify specific person to receive organ then where does organ go
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qualified organ procurement organization
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who represents the interests of a mentally retarded ward when kidney donation is sought
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appoint attorney and guardian ad litem BUT neither one can be 1st/2nd degree relative
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any person who furnished false or fraudulent info for purpose of making an incorrect record of a birth or death has committed a
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3rd degree felony
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death certificate must be filed within 10 days with the
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local registrar of district in which death occurred
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birth certificate must be filed within ____ after birth to Dept of Hlth
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5 days
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if procedure is not listed on Texas Medical Disclosure Panel Act, physician must disclose to a patient what info about procedure
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an info that a reasonable patient would want to know
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person is incapacitated to make own medical decision if that person....?
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lacks ability to understand consequences of his or her decision
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who makes up Medical Disclosure Panel
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9 ppl (6 physicians and 3 attorneys)
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must give info re: advanced directive to pts in what 3 situations
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1) if admit pt to hospital or SNF unit
2) if pt goes under home hlth agency 3) if becomes hospice pt |
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a valid directive must be signed by 2 witnesses and at least one of them must be a qualified witness. what makes someone a qualified witness?
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cant be attending doc NOR heirs pts stuff. person CANNOT be employed by hospital or doc
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upon admission to nursing home, does pt need Medical Power of Attorney
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NO cannot require resident to obtain medical POA before admitting to nursing home
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if attending physician refuses to honor pt's advance directive and refusal is being reviewed by ethics committee, pt must receive life-sustaining tx for how long?
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at least 10 days
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order of ppl that can consent to tx of a minor if parents cant be contacted
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grandparent, adult sibling, aunt uncle, any adult with written authorization
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what is exception to rule that minors cant consent to tx
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minor can consent if he's serving term of confinement in facility under contract with Texas Dept of Criminal Justice
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if you are providing sports physicals, how do you avoid being liable for sports player dropping dead while playing sport
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if you dont receive or expect to receive compensation
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if you volunteer to provide health services for charitable organization, what do you need to do to be immune from liability
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-you must act within scope of license
-you must have pt sign form saying that you are not getting paid to do what you're doing |
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can physician destroy medical records that relate to civil, criminal, etc. proceeding
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yes but only if proceeding has been completely resolved
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deadline for releasing copies of med/billing records after recepit of request & payment of fees
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15 days
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what can a sole managing conservator of a child do that a joint managing conservator of a child cant?
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they both can review child's records BUT only the sole managing conservator can consent to a procedure
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a disclosure authorization to a hospital is valid but only if it is not....
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if its not contained in same document as the consent to medical treatment obtained from pt
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person who discloses another person's genetic info without appropriate privilege may beliable for a civil penalty of
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up to $10,000 plus attorney fees
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when pt sues his physician for malpractice, the pt is waiving what right
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pt waives confidentiality privilege
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Texas Medical Board consists of how many/what types of ppl
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9 MDs, 3 DOs, 7 public reps (the physicians must have been licensed in Tx x 3yrs)
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Each District Review Committee of the TMB is made up of
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9 MDs, 3 DOs, 7 public reps who serve 6 yr terms
(all of these must have resided in district for past 3 yrs) |
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in order to be licensed physician, must be ___y/o, completed ____hrs of undergrad classes, and how many years of graduate medical training (if med school was in US vs foreign)
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-21 y/o
-60 hrs of college credits -if US med school, then 1 yr of graduate medical training (vs 3 yrs if FMG) |
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have to register with TMB q 2 yrs but if registration expires then you have grade period of
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30 days
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how must licensed physicians notify public of how to contact TMB (3 ways)
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-sign displayed in office
-on pt's bill -on registration forms |
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if doc performs surgery while intoxicated and puts pt at danger, then he commits
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state jail felony
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if doc is going to self-report intemperate use of drugs/etoh to board, when should he do it
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within 5 yrs from last use
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can pending malpractice claim filed against a particular physician be made public
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no
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if malpractice complaint filed against physician, then he or his liability company must report it to board within
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30 days
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physicians may complete how much of informal CME hours by providing volunteer med services at site serving medically-underserved area
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1/2
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all docs, except retired ones or those who only practice charity work, must complete ___hrs of CME q 12 months in order to be registered
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24
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an out of state physician who orders home health or hospice services for a resident of Texas to be delivered in Texas will not be subject to regulation by the board as long as the physician
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is located in another state whose borders are contiguous with Texas
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every doc who administers anesthesia or performs a surgical procedurewith anesthesia in outpt setting must
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register with board and pay fee to board
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state rural medical education board consists of
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3 docs with rural practices and 3 citizens with rural residencies
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physicians who agree to serve medically underserved communities are eligible to receive
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loan reimbursements
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if person holds special purpose license, can he physically practice medicine in tx
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no
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medical license can be suspended if doc hasnt pd child support for
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3 month
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how long to file claim about incident of medical fraud
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4 yrs from incident
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provider must bill for services not later than date set in a contract OR
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first day of 11th month after date of services
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if physician supervising midlevel who works at med underserved clinic, the doc must visit clinic how often
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once every 10 business days
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who can/cant directly bill for his/her assistance in surgery
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surg assistant can
CANT: RN assistant |
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physician can delegate Rx authority to PA practicing at doc's alternate site so as long as site is within ___ miles of doc's primary site
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60
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if submit fraud insurance claim of < $20
then commit a... |
class C misdemeanor
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if submit fraud insurance claim of $20-500
then commit a... |
class B misdemeanor
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if submit fraud insurance claim of $500-1500
then commit a... |
class A misdemeanor
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if submit fraud insurance claim of $1500-$20,000
then commit a... |
state jail felony
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if submit fraud insurance claim of $20,000-$100,000
then commit a... |
3rd degree felony
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if submit fraud insurance claim of $100,000-$200,000
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2nd degree felony
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if submit fraud insurance claim of > $200,000 or less but put pt at serious risk
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1st degree felony
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