MEDICAL JURISPRUDENCE EXAM STUDY GUIDE

EXAM FACTS:
*Consists of 50 multiple choice questions
*Applicants have 90 minutes to complete the exam
*Applicants must get 75% of the questions correct to pass the exam
*If an applicant fails, they can take the exam up to 2 more times, but
has to be a month apart
TSBME CONSISTS OF:
*9 MDs, 3 Dos, and 6 public members
*Public Members: are persons who are in private non-healthcare
business
PRACTICING MEDICINE WITHOUT A LICENSE:
*First offenseClass A misdemeanor
*Second offense 3rd degree felony
*If physical/psychological harm occurs 3rd degree felony
*If it causes financial harm state jail; felony
DEFINITION OF CRIMES:
CAPITAL FELONY: life or death penalty
FIRST DEGREE FELONY (murder): jail term 5-99 years; fine up to
$10000
SECOND DEGREE FELONY: jail term 2-20 years; fine up to $10000
THIRD DEGREE FELONY: jail term 2-10 years; fine up to $10000
CLASS A MISDEMEANOR (violate MPA, adult): fine not to exceed $4000;
jail no longer than one year
CLASS B MISDEMEANOR (baby, child): fine up to $2000, jail up to 180
days
CLASS C MISDEMEANOR: fine up to $500
**ALL ARE CRIMINAL**
CONTINUING MEDICAL EDUCATION (CME):
*Must have 24 hours of CME/year OR if within the preceding 36
months, the licensee becomes Board certified or recertified
*One half must be from a formal course approved by the
Board (at least one hour from medical ethics and/or
professional responsibility)
*The remaining can be self-study and/or volunteer in a
medically underserved area.
*The following can be used toward CME: board certification/recertification, CME hours from a previous licensure period (only

48 hours can be carried forward), and part-time volunteer

service in an underserved area
WHICH OF THE PRESCRIBING PRACTICE IS NOT CONSISTENT
WITH PUBLIC HEALTH AND WELFARE? Use of steroids for body
building not injury related; failure to properly monitor blood levels of
drugs as indicated, and administering sub-therapeutic doses of
medications.
A PHYSICIAN CAN CHALLENGE TSBME ACTION IN STATE
DISTRICT COURT. . . Within 30 days of the boards final action on a
board order
WHAT ACTION MAY THE TSBME TAKE?
*It can require a physician to practice under the supervision of
another physician
*It can suspend a license to practice medicine
*It can require the physician to submit to treatment for a
psychiatric illness
WHAT ACTION CANNOT BE TAKEN BY THE TSBME?
*It CANNOT suspend a SPECIALTY board certification
DISCIPLINARY ACTION THE TSBME MAY TAKE INCLUDE:
*Denial of license
*Require supervision of practice
*Administrative monetary penalties
THE TSBME MAY NOT GRANT PROBATION TO A PHYSICIAN
WHOSE LICENSE IS RESTRICTED DUE TO A FELONY CONVICTION
UNDER THE TEXAS CONTROLLED SUBSTANCES ACT. HOWEVER
WHEN CAN EXCEPTIONS BE MADE? If the probation is in the best
interest of the public
TRUE/FALSE: TEXAS LAW PROVIDES PROTECTION FROM
LIABILITY FOR ANY PERSON PROVIDING INFORMATION TO A
MEDICAL PEER REVIEW COMIITTEE. TRUE
THE HEALTH CARE QUALITY IMPROVEMENT ACT REQUIRES THAT
HEALTH CARE ENTITIES REPORT AN ADVERSE ACTION TO THE
NATIONAL PRACTITIONER DATA BANK IF THAT ACTION MEETS
THE FOLLOWING CRITIERIA:
*The action resulted from a formal peer review process
*The action adversely affects the physician privileges
*The action concerns professional incompetence or misconduct

TRUE/FALSE: THE PHYSICIAN ON WHOM ADVERSE ACTION IS

CONTEMPLATED MAY SURRENDER PRIVILEGES IN LIEU OF AN
INVESTIGATION OR ACTION AND THEREBY AVOID A REPORT TO
THE NATIONAL PRACTITIONER DATA BANK: FALSE!!!!
THE FEDERAL AND STATE PATIENT TRANSFER LAWS:
*This requires that a patient must be provided a medical screen to
determine whether an emergency medical condition exists and any
emergency medical condition is stabilized prior to transfer/discharge.
*The physician, not the hospital, is held accountable for inappropriate
transfers.
*A physician may certify that the benefits outweigh the risks of transfer
of an unstabilized emergency patient and may transfer the patient to a
facility that has capability to treat the medical emergency condition.
THE FOLLOWING TYPES OF ADMISSION WOULD BE
APPROPRIATE FOR A PATIENT WHO HAS NO FAMILY AND HAS
BEEN DIAGNOSED BY A PHYSICIAN TO HAVE A SERIOUS MENTAL
HEALTH CONDITION NEEDING IMMEDIATE INPATIENT
HOSPITALIZATION:
*Voluntary Admission
*Emergency Detention
*Order or Protective custody
*
`NOT court ordered commitment
TRUE/FALSE: THE TEXAS TREATMENT FACILITIES MARKETING
PRACTICE ACT ESTABLISHES STANDARDS FOR A REFERRAL
SERVICES FOR UNINSURED PERSONS SEEKING MEDICAL
SERVICES: FALSE
A PHYSICIAN MAY DESIGNATE AN AGENT TO COMMUNICATE
DRUG PRESCRIPTIONS TO A PHARMACIST BY TELEPHONE
UNDER THE FOLLOWING CONDITIONS:
*The physician remains legally responsible for the actions of the
designated agent
*The physician must document designation of agents for purposes of
communicating prescriptions
*The physician must provide a copy of the designation of agents to the
pharmacy upon request
WHO CAN TELEPHONE IN A PRESCRIPTION?
*A practitioner
*An agent of the practitioner designated in writing
HOW MANY PAs CAN A PHYSICIAN DELEGATE TO CARRY OUT
THE SIGNING OF PRESCRIPTION DRUGS? Three

A PHARMACIST CAN SUBSTITUTE GENERIC FOR A BRAND NAME

DRUG IN THE FOLLOWING INSTANCES:
*If the practitioner has not written brand necessary
*If the patient has not refused the substitution
*If it is cheaper than the brand name
PHARMACEUTICAL SAMPLES:
*Can be given to patients free of charge unless the licensed physician
practices in a rural area in which there is no pharmacy
*The physician that practices in a rural setting may maintain a supply
of dangerous drugs in the office of the physician to be dispensed in the
course of treating the physicians patients. They may be reimbursed of
the cost of supplying those drugs without obtaining a license to
practice pharmacy under the Texas Occupations Code
POSITIVE HIV TEST RESULTS CAN BE RELEASED TO THE
FOLLOWING WITHOUT THE CONSENT OF THE PERSON TESTED:
*The Texas Department of Health
*The tested persons spouse
*A partner notification program
WHEN MUST PHYSICIANS WHO HAVE DIRECT CONTACT WITH
CHILDREN IN THE NORMAL COURSE OF THEIR DUTIES AND WHO
HAVE CAUSE TO BELIEVE A CHILD MAY HAVE BEEN ABUSED OR
NEGLECTED REPORT THIS? They must personally report within 48
hours
THINGS THAT MUST BE REPORTED:
*All gunshot wounds
*TB
*Drug overdoses
*Unexpected death of a 2 year old
THE FOLLOWING DISEASES MUST BE REPORTED IMMEDIATELY
TO THE STATE EPIDEMIOLOGISTS:
*Measles
*Botulism
*Diphtheria
**SMALLPOX DOES NOT NEED TO BE REPORTED**
TEXAS DEPARTMENT OF HEALTH REGULATIONS REQUIRE THE
FOLLOWING TREATMENT AND TESTING OF NEWBORNS:
*Ophthalmia neonatorum prophylaxis
*PKU

*hypothyroidism
*Galactosemia
*Adrenal hyperplasia
*Sickling hemoglobinopathy
IMMUNIZATIONS OF CHILDREN:
*MMR, DPT
*NOT smallpox
*A child does not have to be immunized if:
**An MD states in an affidavit that immunizing would be
hazardous to the childs health, or those in their household
**It is against the religious tenets of the family. This person may
be excluded from school during times of epidemic/emergency
ABORTIONS:
1ST TRIMESTER: medical judgment
2nd and 3rd TRIMESTER: reasonable regulations; to preserve the health
of the mother
VITAL FETUS: only for the preservation of the life or health of the
mother
THIRD TRIMESTER ABORTIONS ARE OKAY ONLY IF:
*The physician concludes in good faith that the abortion is necessary
to prevent the death or substantial risk of serious impairment to the
physical or mental health of the mother
*The fetus has a severe and irreversible abnormality as identified
through reliable diagnostic procedures
SPONTANEOUS ABORTIONS DO NOT NEED TO BE REPORTED
IT IS AN OFFENSE IF A PERSON WHO HAS POSSESSION OF A
CHILD, OFFERS TO ACCEPT, AGREES TO ACCEPT, OR ACCEPTS A
THING OF VALUE FOR THE DELIVERY OF A CHILD TO ANOTHER
OR FOR POSSESSION OF THE CHILD BY ANOTHER FOR THE
PURPOSE OF ADOPTION
ACCEPTABLE FEES WITH RESPECT TO ADOPTION:
*A fee paid to a child-placing agency as authorized by law
*A fee paid to an attorney or physician for services rendered in the
usual course of legal/medical practice
*Reimbursement of legal/medical expenses incurred by a person for
the benefit of the child
*Necessary pregnancy-related expense paid by the child-placing
agency for the benefit of the childs parent during pregnancy
*Or after child-birth as permitted by minimum standards of placing
agencies and the department of protective and regulatory services

A PHYSICIAN ATTENDING A NEWBORN CHILD OR THE PERSON

ATTENDING THE BIRTH THAT IS NOT A PHYSICIAN IS
RESPONSIBLE FOR THE FOLLOWING:
*Filing the birth certificate
*PKU Screening
*Hypothyroidism screening
*Providing prophylaxis for ophthalmia neonatorum
A PHYSICIAN TREATING A PATIENT FOR INJURIES THAT THEY
BELIEVE ARE RELATED TO DOMESTIC VIOLENCE MUST DO THE
FOLLOWING:
*Document the evidence of injuries believed to be secondary to
domestic violence
*Immediately provide the patient with information regarding the
nearest family violence shelter
*Document that the person received this information in the chart and
explain why they think it is domestic violence
*Give the patient written notice of the following information in both
English and Spanish: this is a crime, you may report it to law
enforcement at this number, you can file a criminal complaint against
the person, and apply to a court for an order of protection, and you
may want to consult with legal aid.
A PEACE OFFICER CAN APPREHEND A PERSON WITHOUT A
WARRANT WHEN. . .
*There is substantial risk of harm to himself or others
*The risk of harm is imminent unless restrained

THE FOLLOWING IS REQUIRED TO DISTRIBUTE/PRESCRIBE

CONTROLLED SUBSTANCES:
*Registration with the DEA
*Registration with DPS
*Separate registration for each principal place of business or
professional practice where the applicant manufactures, distributes,
dispenses, analyzes, or possess controlled substances
*Texas Medical License

SCHEDULED DRUGS (NOMENCLATURE):

**SCHEDULE I: has no accepted medical use and high abuse
potential (heroin)
**SCHEDULE II: high abuse potential with severe psychic or physical
dependence (dilaudid); non-narcotic (Ritalin)
*A physician can prescribe if they have a DEA, DPS, and
triplicates
*The RX must have the amount dispensed written
*The intended use must be listed
*The patient can have NO MORE THAN 7 DAY SUPPLY
*NO refills
*The Rx expires after 7 days
**SCHEDULE III: Lower abuse potential (vicodin)
**SCHEDULE IV: less abuse potential
**SCHEDULE V
**SCHEDULE III-V:
*Not to be filled/refilled more than 6 months
*cannot be refilled MORE THAN 5 TIMES
TRIPLICATE FORMS (SCHEDULE II DRUGS)
*Needs to be on triplicate forms
*Must be registered with the DPS
*not needed for medications prescribed while patient is in the hospital
*A separate registration is required for each office
*There are no refills
*Must be filled by the end of the 7th day after prescription date
*Must have number written in words and numerals
A PHARMACIST CAN REFILL A SCHEDULE III-V RX IF:
*A failure to refill will cause patient suffering
*If the physician cannot be contacted
*They must inform the physician
**They can only provide a 72-hour supply
YOU MUST HAVE A SPECIAL LICENSE TO HANDLE RADIOACTIVE
MATERIAL!!!!
IN DESCENDING ORDER, WHO CAN CONSENT FOR ORGAN
DONATION AT THE TIME OF DEATH? Spouse, adult children, either
parent, adult brother or sister, guardian of the person at the time of
death, any other person authorized to dispose of the body

DESIGNATION OF A DONEE TO A PHYSICIAN:

*A person may make a gift to a specified donee

*A physician who becomes a donee may not participate in the

procedure for removing the donating organs.
WHEN IS AN ADVANCED DIRECTIVE EFFECTIVE UNTIL? UNTIL IT
IS REVOKED
WHO CAN CONSENT FOR TREATMENT OF A MINOR? i)parent ii)
legal guardian iii) managing conservator
WHO CAN CONSENT TO MEDICAL, DENTAL, PSYCHOLOGICAL,
AND SURGICAL TREATMENT OF A MINOR WHEN THE PERSON
HAVING THE POWER TO CONSENT CANNOT BE CONTACTED (IN
DESCENDING ORDER):
Grandparent, adult brother or sister, adult uncle or aunt, educational
institution in which the minor is enrolled that has received written
authorization to consent from the person having the right to consent.
**A BABYSITTER CANNOT CONSENT WITHOUT WRITTEN PERMISSION.
WRITTEN PERMISSION MUST INCLUDE NAME OF MINOR, NAME OF
PARENT(S), NAME OF PERSON GIVING CONSENT, STATEMENT OF
NATURE OF MEDICAL TREATMENT
A MINOR CAN CONSENT TO MEDICAL, DENTAL,
PSYCHOLOGICAL, AND SURGICAL TREATMENT IN THE
FOLLOWING SITUATIONS (THIS IS ESSENTIALLY THE CRITERIA
FOR EMANCIATED MINORS):
*Active duty with the armed services
*At least 16 years old and resides separate from his parents and is
financially independent
*Consents to the diagnosis and treatment of any infection, contagious
or communicable, which is required to be reported to TDH
*Treatment related to pregnancy other than abortion
*Treatment for drug addiction, dependency or chemical use
*Unmarried and has custody of a biological child
A PHYSICIAN MUST MAINTAIN A MEDICAL RECORD FOR:
*A minimum of 7 years from the last date of treatment
*If the patient was younger than 18, the records should be kept until
the patient reaches 21 or for 7 years from the last date of treatment,
whichever is longer
*If civil, criminal, or administrative proceedings have been finally
resolved
PATIENTS REQUEST FOR THEIR MEDICAL RECORD:

*It should be furnished within 15 business days and after reasonable

fees are paid
*They can be in the form of a summary or a copy
*The chart can be withheld from the patient if the physician determines
that access to the info would be harmful to the physical, mental, or
emotional health of the patient. This must be conveyed to the patient
in writing.
A RECORD OF A MENTAL HEALTH PATIENT CAN BE RELEASED TO
MEDICAL OR LAW ENFORCEMENT PERSONNEL IF THE MD
BELIEVES THAT THE PATIENT POSES A THREAT TO HARM
HIMSELF OR OTHERS
It is your duty to report to the TSBME any info. Relating to the
act of any physician in the state that poses a threat to the
PUBLIC WELFARE through the practice of medicine
ADVERTISING:
*The board cannot restrict this unless it is misleading, deceptive, or
false
*A physician cannot state that you are superior to another MD/DO or
cannot compare services to another practice UNLESS THEY CAN
FACTUALLY SUBSTANTIATE IT
*A physician cannot assure a cure for an incurable disease
*A physician can only specify specialty or board certified if they state
the specific board. They CANNOT state that they are board-eligible.
TSBME MAY LIMIT ADVERTISING BY PATIENT TESTIMONIALS
FALSE ADVERTISING:
*It is false advertising to claim professional superiority or the
performance of professional service in a superior manner
*A physician can only say board certified if they disclose the
complete name of the specialty board which conferred the certification
PHYSICIAN SUPERVISION OF PHYSICIAN ASSISTANTS:
*A physician may supervise up to 5 PAs or their full time equivalents
*Remember that they can only delegate prescriptive authority to 3 PAs
*The physicians alternative practice site must be located
within 60 miles of their primary practice
DELEGATION OF RESPONSIBILITY
*ultimately responsibility of delegating MD
*PHYSICIAN ASSISTANTS:
*MD must be available at all times

*PA must be licensed

*PA CANNOT bill
*The delegation of tasks is appropriate for PAs skills
*SURGICAL ASSISTANTS:
*Must be directly supervised by MD
*can also be an RN, PA
*Must be licensed
*Surgical assistants CAN bill
A PA MAY PRESCRIBE DANGEROUS DRUGS BUT NOT
CONTROLLED SUBSTANCES
CORRECTION OF INCORRECT INFO. IN A MEDICAL RECORD:
Draw one line through it, make necessary change, and date and sign it.
EXCEPTIONS FOR MEDICAL POWER OF ATTORNEY TO CONSENT:
They may not consent to:
*voluntary inpatient mental health services
*electroconvulsive therapy (ECT)
*abortion
*neglect or comfort care
NAME CHANGE:
If a physician changes their name, they must notify the board within 30
days
ADDRESS CHANGE:
If a physician changes their address, they must notify the board within
30 days
DIRECTIVES TO WITHHOLD LIFE SUSTAINING TREATMENT DO
NOT APPLY TO PREGNANT WOMEN!!!!
A PHYSICIAN IS PERSONALLY RESPONSIBLE FOR NOTIFYING
THE BOARD REGARDING A CLAIM OR COMPLAINT FILED
AGAINST THE PHYSICIAN IN COURT
THE MEDICAL DISCLOSURE PANEL:
*Consists of 6 MDs and 3 attorneys
*This board determines which risks and hazards related to medical care
and surgical procedures must be disclosed by health care providers.
THE FOLLOWING ARE CONSIDERED
UNPROFESSIONAL/DISHONORABLE CONDUCT:
*Violates the laws of TX

*Fails to complete and keep accurate records of purchases and disposal

of drugs
*Writes prescription for a person the physician knows or should have
known is a drug abuser of narcotics
*Writing a false or fictitious Rx
*Prescribing a nontherapeutic drug
*Prescribes dangerous drugs that is inconsistent with public heath and
welfare
*Overcharges/overtreats patients
*Fails to supervise
*Delegates responsibility to a person known not to be qualified by
training, experience or licensure to perform the responsibilities or acts.
MEDICAL PRACTICE ACT:
This act requires medical liability insurers to report to the Board within
30 days after receiving a complaint filed in a lawsuit against one of its
insured physicians.
IF A PHYSICIAN DOES NOT CARRY LIABILITY INSURANCE HE OR
SHE IS PERSONALLY RESPONSIBLE FOR NOTIFYING THE BOARD
REGARDING LAWSUITS FILED AGAINST HIM OR HER
THE FOLLOWING ARE EXEMPT FROM THE MEDICAL PRACTICE
ACT:
*US military or public health services physicians
*Qualified physicians who consult in TX do not have an office base
*Persons providing emergency medical assistance
**MEDICAL GRADUATES PRACTICING UNDER THE LICENSE OF A
LICENSED PHYSICIAN ARE NOT EXEMPT FROM THE MEDICAL PRACTICE
ACT
TRUE/FALSE: COMPLAINTS AGAINST A PHYSICIAN MAY BE
SUBMITTED ONLY IN WRITING: FALSE
STANDING DELEGATION ORDERS APPLY TO THE FOLLOWING
SITUATIONS:
*For a designated patient population
*If the patients have not been examined by the physician
*The services are provided by a qualified and trained person
**THEY DO NOT APPLY TO PATIENTS THAT HAVE BEEN EXAMINED BY
THE PHYSICIAN**
STANDING MEDICAL ORDERS APPLY TO THE FOLLOWING
SITUATIONS:
*For a designated type of patient
*If the services are provided by a qualified and trained person

*The patients have been examined by the physician

**THEY DO NOT APPLY TO PATIENTS THAT HAVE NOT BEEN EXAMINED
BY THE PHYSICIAN**
AN X-RAY TECH CAN ADMINISTER CONTRAST AGENTS WHEN:
the supervising physician is physically present
PHYSICIAN SUPERVISION OF A RURAL HEALTH CLINIC
REQUIRES:
*availability by telephone
WITH REGARD TO REPORTS OF ABUSE OF NURSING HOME
PATIENTS:
*An oral report must be confirmed in writing within 5 days
*Reporters are immune from civil and criminal liability except when
they report in bad faith or with malice
*Anonymous reports will be acted upon
*The report may be made to a law enforcement agency
A PHYSICIAN IS REQUIRED TO IMMEDIATELY REPORT ANY
DEATH DUE TO A COMMUNICABLE DISEASE TO THE LOCAL
HEALTH DEPARTMENT
THE NATURAL DEATH ACT PROVIDES FOR AN INDIVIDUAL TO
EXECUTE A DIRECTIVE FOR THE WITHHOLDING OR
WITHDRAWAL OF LIFE-SUSTAINING PROCEDURES IN THE
FOLLOWING CIRCUMSTANCES:
*The person is determined by two physicians to be in a terminal
condition
*Life-saving measures would only prolong death
*Death is determined to be imminent
**IT DOES NOT HOLD WHEN THE PATIENT IS A TERMINALLY ILL
PREGNANT WOMAN**
HOSPITALS MAY BE HELD LIABLE FOR THE FOLLOWING:
*Services of a physician with medical staff privileges
*Services of a hospital-based physician (radiologist)
*Hospital employees or contract personnel
**THEY ARE NOT LIABLE FOR FAMILY MEMBERS PROVIDING CARE TO A
PATIENT**
THE STATUTE OF LIMITATIONS ON A LIABILITY SUIT MAY BE ANY
OF THE FOLLOWING:
*two years from occurrence of a wrongful action
*two years from knowledge of a the wrongful action

IN A NEGLIGENCE CLAIM ACTION WHICH RESULTED IN

PERSONAL INJURY, PROPERTY DAMAGE, OR DEATH, THE
PLAINTIFF MAY RECOVER DAMAGES ONLY IF HIS PERCENTAGE
OF LIABILITY IS LESS THAN OR EQUAL TO 50%
A PHYSICIAN-PATIENT RELATIONSHIP MAY LAWFULLY BE
TERMINATED IN THE FOLLOWING INSTANCES:
*By the physician, after reasonable notice and opportunity to locate
another physician
*At any time by the patient
A PHYSICIANS OBLIGATION IN A PHYSICIAN-PATIENT
RELATIONSHIP INCLUDES:
*Accepting a patient based on bilateral agreement (physician agrees to
accept and patient agrees to services)
*Providing medical services as required, until other physician services
are secured
*Not unilaterally terminating the relationship when medical services
continue to be needed
THE GOOD SAMARITAN PROVISION DOES NOT APPLY TO
EMERGENCY TREATMENT PROVIDED FOR PAYMENT/REWARD.
GOOD SAMARITAN:
*A person, who in good faith, administers emergency care at the scene
of an emergency, or in a hospital, is not liable in civil damages for an
act performed unless grossly negligent. An exception is an act
performed for which renumeration is expected
IF CONSENT FOR A PROCEDURE HAS BEEN SECURED
CONSISTENT WITH THE FORM AND PROCESS OF THE TEXAS
MEDICAL DISCLOSURE PANEL LIST A:
In the event of a claim filed with regards to a List A procedure, a jury is
advised that a rebuttable presumption exists, and that the consent
may be challenged.

THE FOLLOWING ARE EXAMPLES OF POTENTIAL BATTERY

*A surgeon performs a procedure other than the procedure or organ
consented to
*A procedure is performed by a surgeon other than the physician to
whom consent was given

*A physician intentionally touches the patient without implied or

express consent to treat.
A PHYSICIAN MAY TREAT A MINOR WITHOUT OBTAINING
CONSENT IF:
*The physician has reason to suspect that abuse may have occurred
*In an emergency situation
UNDER THE CONSENT TO MEDICAL TREATMENT ACT, A
SURROGATE DECISION MAKER MAY NOT CONSENT TO THE
FOLLOWING:
*Voluntary admission to a psychiatric hospital
*Designation of a substitute decision maker
*Withholding of life saving treatment
**THEY CAN CONSENT TO MEDICAL OR SURGICAL TREATMENT**
WHEN A PERSON UNDER ARREST REFUSES TO CONSENT TO
GIVE A SPECIMEN FOR ALCOHOL OR DRUG ANALYSIS, A
SPECIMEN MAY BE TAKEN IN THE FOLLOWING SITUATIONS:
*The person is arrested for DWI
*A person died or may die as a result of an accident related to the
arrest
*Upon order of the peace officer
UNDER A DURABLE POWER OF ATTORNEY FOR HEALTH CARE,
THE AGENT DOES NOT HAVE AUTHORITY TO CONSENT TO
WITHHOLD CARE RELATED TO COMFORT MEASURES
IF THE DURABLE POWER OF ATTORNEY FOR HEALTH CARE
CONFLICTS WITH A DIRECTIVE OR TREATMENT DECISION
EXECUTED UNDER THE NATURAL DEATH ACT, THE INSTRUMENT
EXECUTED LATER IN TIME CONTROLS THE TREATMENT
MENTAL ILLNESS AS USED IN THE TEXAS MENTAL HEALTH
CODE DOES NOT INCLUDE THE FOLLOWING:
*epilepsy, alcoholism, mental deficiency
THE HEALTH CARE QUALITY IMPROVEMENT ACT PROVIDES
IMMUNITY FOR LIABILITY FOR PEER REVIEW IN CASES WHERE
THE MEDICAL PEER REVIEW DUE PROCESS MEETS THE
FOLLOWING:
*The action taken was reasonably believed to be in the furtherance of
quality health care
*The peer review committee has made reasonable attempts to obtain
the facts of the matter

*The physician in question received adequate notice and hearing

procedures
*The action is reasonably believed to be warranted by the facts known
TEXAS LAW PROVIDES PROTECTION FROM LIABILITY FOR ANY
PERSON PROVIDING INFORMATION TO A MEDICAL PEER REVIEW
COMMITTEE IN GOOD FAITH AND WITHOUT MALICE
THE HEALTH CARE QUALITY IMPROVEMENT ACT REQUIRES THAT
HEALTH CARE ENTITIES REPORT AN ADVERSE ACTION TO THE
NATIONAL PRACTITIONER DATA BANK IF THAT ACTION MEETS
THE FOLLOWING CRITERIA:
*The action resulted from a formal peer review process
*The action adversely affects the physicians privileges
*The action concerns professional incompetence or misconduct
A PHYSICIAN WHO PRACTICES TELEMEDICINE MUST:
*Must be older than 21 years old
*Must have a special purpose license issued by TSBME
*Must have a license to practice medicine in another state
recognized by TSBME
INTRACTABLE PAIN: A State of pain for which the cause cannot be
removed or otherwise treated or cured
DISCIPLINARY ACTION IS PART OF A PHYSICIANS LICENSE
RECORD
TSBME MAY PROBATE IF PHYSICIAN ADMITS OF
SUBSTANCE/MENTAL PROBLEMS WITHIN 5 YEARS WITH NO
PREVIOUS CHARGE AND POSSESS NO THREAT TO THE PUBLIC
A PHYSICIAN WILL NOT BE PENALIZED IF THEY STATE THEY
USED ETOH/DRUGS IN THE PAST AND NEED HELP
FOR COMMUNICABLE DISEASE:
**Must report to local health authority
*Must report immediately after patients first professional visit or within
7 days of the determination of the existence of a reportable condition.
*Must inform patient of measures to prevent spread of disease and
necessity for treatment
*HIV, AIDS, syphilis, chancroid, gonorrhea, Chlamydia
ABUSE MAY BE REPORTED ANONYMOUSLYIT WILL STILL BE
ACTED UPON

FAILURE TO REPORT ADULT ABUSE IS CLASS A MISDEMEANOR

FAILURE TO REPORT CHILD ABUSE IS A CLASS B MISDEMEANOR
REPORT OF ABUSE IN BAD FAITH, OR THAT IS MALICIOUS OR
RECKLESS IS A CLASS A MISDEMEANOR
SEXUAL ABUSE OF A MENTAL HEALTH PATIENT CAN BE
REPORTED BY A HEALTHCARE PROVIDER AND BY THE PATIENT
THEMSELVES. ITS A SECOND DEGREE FELONY!!!!
AN MD MAY CHARGE FOR LAB ONLY IF HE INFORMS THE
PATIENT, IN WRITING, OF THE COSTS OF THE LABS
AN MD CANNOT MAKE PAYMENTS TO A LAB FOR INDIVIDUAL
TESTS UNLESS THEY DISCLOSE, ON THE BILL, THAT AMOUNT
PAID TO THE LAB
CORPORATE LOSS EXEMPTION (LAST CHOICE)