Texas Jurisprudence High-Yield
- CHARGE A FEE (ex: upgrade to 1st class, or charge pt or hospital)
- Gross NEGLIGENCE
- Caused the actual emergency (ex: MVA)
- Practicing within scope (ex: doc helps MVA victim, good samaritan law is in effect if he did it in
good faith)
- Pre-existing duty to treat
- Contract with Patient - ANS-***Good Samaritan laws are NO LONGER Protected If:
- Criminal PROSECUTIONS or CONVICTIONS
- Board INVESTIGATIONS or SANCTIONS
- From TX or ANY OTHER STATE or Military
- DEFERRED ADJUDICATION*** (ex: Judge could declare you guilty but otherwise puts you on
PROBATION; ex: If Doc gets DUI with deferred adjudication, he still needs to report this at time
of renewal - reporting requirements stays the same regardless of deferred adjudication)
- Malpractice Claim or TMB Complaint Final Resolutions (3 malpractice claims in 5 years)
- ANY malpractice claim IF:
--> found liable
--> monetary damages
--> Final, no appeal - ANS-What does the TMB make PUBLIC for everyone to see?
- EVERY 2 YEARS you need 48 hours CME!!!
- BIENNIAL CME Requirement:
--> 48 hours total
--> 2 hours of ethics professional reliability
--> at least 1/2 FORMAL (AMA, AOA, etc), remaining INFORMAL (no certificate given,
self-reported, self-studying, peer review, hospital conferences, non-sponsored)
- When renewing, must address any SIMPLE MISDEMEANORS at TIME of RENEWAL
- However, must report WITHIN 30 days if MISDEMEANOR with MORAL TURPITUDE (ex: child
pornography found after being pulled over for DUI) or if you have a NAME or ADDRESS
CHANGE
, - Must be renewed in a timely manner otherwise it becomes EXPIRED (practicing without active
license is a 3rd DEGREE FELONY) - ANS-What is needed to maintain and renew your Texas
License?***
- Issuance of BIRTH CERTIFICATE (5 days)***
- Issuance of DEATH CERTIFICATE (10 days)***
- Supply MEDICAL RECORDS (15 days)***
- Reporting CHILD ABUSE/NEGLECT (48 hours)***
- Reporting Nursing Home patient abuse IMMEDIATELY ORALLY and WRITTEN within 5 days
- Unexpected or Suspicious Death, IMMEDIATELY
- 7 Days (most STDs): Gonorrhea, Chlamydia, Syphilis, Chancroid, NON-acute HIV/AIDS -
ANS-What are EXCEPTIONS to the 30 Day Rule to report to TMB***
- Birth Certificate
- Death Certificate
- Medical Record Release
- Child Abuse/Neglect
- Nursing Home patient abuse
- Communicable Diseases
- License that is RESTRICTED or SUSPENDED in ANOTHER state
- Under investigation for FELONY
----if PENDING investigation, license is either SUSPENDED or RESTRICTED
----if CONVICTED, the license is suspended and CANNOT be reissued*** - ANS-Conditions that
PREVENT you from getting a Standard License
- must be 21 years old
- 60 hours of college
- graduate of MD or DO school
- 1 year of graduate medical training (internship)
- pass licensing exam (usmle or comlex) < 7 years
- pass medical JP exam - ANS-Standard License Requirements:
- Age
- Hours of College
- Med school
- GME
- Licensing Exam
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