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TEXAS LPC JURISPRUDENCE EXAM 2025
EXAM QUESTIONS & COMPLETE CORRECT ANSWERS
ALREADY SCORED A+
"What is "proximate cause"? - CORRECT ANSWER Prove that negligence caused harm and
that the cause was not too remote; what is required to hold a defendant liable in a civil lawsuit"
"What are the two components of proximate cause? - CORRECT ANSWER Cause-in-fact (but-
for test) and foreseeability"
"Does an expert witness have to be actively practicing medicine? - CORRECT ANSWER Yes"
"Does an expert witness have to know standards of care? - CORRECT ANSWER Yes"
"Does an expert witness have to have enough training to express an opinion on whether standard
of care was provided? - CORRECT ANSWER Yes"
"Does an expert witness have to be board certified? - CORRECT ANSWER No, board certified
or eqivalent"
"What is the statute of limitations for wrongful death? - CORRECT ANSWER 2 years"
"What is the discovery rule? Give examples. - CORRECT ANSWER Statute does not begin until
damage is discovered. For example, a retained sponge that is found 3 years post-op"
"Is there immunity from civil action in emergency cases? - CORRECT ANSWER Yes, except
gross negligence"
"Is there immunity from civil action in volunteer care? - CORRECT ANSWER Yes, except
gross negligence"
"When can a physician be charged with "assault and battery"? - CORRECT ANSWER Un-
consented surgery or examination or when exceeding the scope of the consent"
"Is a DEA registration sufficient to prescribe drugs in Texas? - CORRECT ANSWER No, also
need Department of Public Safety Bureau of Narcotics and Dangerous Drug registration"
"How often do you renew a DPS license? - CORRECT ANSWER Yearly"
"Do you have to display the DEA and DPS licenses? - CORRECT ANSWER Not required by any
statute." "How many days do you have to notify the DPS of any change in your information (name, address,
tel., etc.)? - CORRECT ANSWER 7 days"
"Can you have your DPS suspended and keep your DEA or vice versa? - CORRECT ANSWER
No, they are interconnected"
"For schedules 2-5 drugs, can you just put the number of pills on prescription? - CORRECT
ANSWER No, number and number spelled out"
"Do you have to put intended use on prescription? - CORRECT ANSWER Yes"
"With how many days of a schedule 2-5 drug can a patient be discharged from the hospital? -
CORRECT ANSWER 7 days; only if the drug was already rx in the hospital"
"What kind of prescription pad do you need for schedule 2 drugs? Can you use stickers? -
CORRECT ANSWER Official DPS form; no stickers"
"Can a physician prescribe schedule 2 over the phone? - CORRECT ANSWER Yes, for
emergencies, and only for the duration of emergency" "How many days does the physician have to mail the schedule's emergency prescription to the
pharmacy? - CORRECT ANSWER 7 days"
"How many days does the patient have to fill schedule 2 prescriptions? - CORRECT ANSWER
7 days"
"Can you refill a schedule 2 prescription? How about schedule 3-5? - CORRECT ANSWER No
for schedule 2. Max 5 refills for schedules 3-5."
"Who can call in prescription from a physician's office? - CORRECT ANSWER Any qualified
DESIGNATED person"
"To give anesthesia, how often do you have to register with the board? - CORRECT ANSWER
Every 2 years"
"What does the Medical Practice Act (MPA) regulate? - CORRECT ANSWER The practice of
medicine"
"Who does the MPA apply to? - CORRECT ANSWER Physicians (MD, DO), PAs, and
acupuncturists"
"Does the MPA apply to the armed forces and federal public health? Can they moonlight? -
CORRECT ANSWER It does NOT apply to a federal job, they can NOT moonlight outside the
federal setting" "Does the MPA apply to emergency assistance if there is NO charge of money? If there is money
charged or billed? - CORRECT ANSWER NO if no charge; YES if money is charged"
"Are medical students in "board-approved schools" subject to the MPA? - CORRECT ANSWER
No"
"Does the MPA prohibit self-care? - CORRECT ANSWER No"
"Does the MPA apply to physicians in contiguous states? - CORRECT ANSWER NO
(physicians from nearby states can only order care for patients in hospice or nursing homes)"
"How many people are on the TMB? Who appoints them? Who must confirm them? - CORRECT
ANSWER 19 members, appointed by the governor, confirmed by the senate"
"Can the board subpoena people and records? Who can serve a subpoena? - CORRECT
ANSWER YES, subpoenas can be served by board investigator or sent by certified mail"
"How often does the Department of Public Safety (DPS; state police) check on physicians and
report to the board? - CORRECT ANSWER Quarterly"
"Do you need the jurisprudence exam for a limited license? - CORRECT ANSWER Yes"
"Who is not eligible for licensure? - CORRECT ANSWER If applicant is under prosecution,
investigation, or has restrictions on license in another state" "How many days does the program director have to tell the board that somebody with a
physician-in-training license did not show up, was suspended, etc.? - CORRECT ANSWER 30
days"
"What is a temporary postgraduate training permit? - CORRECT ANSWER License for
residents and fellows pending the physician in training permit" "What is a telemedicine license? Do you have to be board certified to have it? Do you have to pass
the jurisprudence exam? - CORRECT ANSWER A license to do consulting work through
internet, etc., in Texas; cannot physically see or treat patients; board certification is required; JP exam required"
"How often do you register your license? Do you need an updated physician profile? - CORRECT
ANSWER Every 2 years; yes"
"How many days prior to the expiration of your license does the TMB notify you? - CORRECT
ANSWER 30"
"How many days after a license expires are you considered to be practicing without a license? -
CORRECT ANSWER 30 day grace period."
"License expired < 90 days—penalty is? - CORRECT ANSWER $75"
"License expired 91-364 days—penalty is? - CORRECT ANSWER $150"
"License expired > 364 days—penalty is? - CORRECT ANSWER Cancellation"
"Do you have to retake JP exam if your license is canceled? - CORRECT ANSWER Only if the
license is canceled for more than 2 years."
"How can you get another license if it is lost/destroyed? - CORRECT ANSWER Get affidavit of
lost or destroyed document and pay fee to board"
"How many category 1 CMEs yearly? - CORRECT ANSWER 12"
"How many CMEs per year? - CORRECT ANSWER 24"
"How many category 1 CMEs yearly must be in ethics? - CORRECT ANSWER 1"
"How many category 2 CMEs can be from volunteer work? - CORRECT ANSWER 6"
"How many CMEs can a license carry forward? And for how many registration periods? -
CORRECT ANSWER 48; only once"
"How many malpractice claims within what time period automatically open a board
investigation? - CORRECT ANSWER 3 within 5 years"
"Where can a physician file an appeal? Within what time period? Can he practice in the interim?
CORRECT ANSWER Circuit court Travis county, within 30 days after final board decision;
physician cannot practice in interim"
"Can the TMB panel serve a subpoena to a physician? - CORRECT ANSWER Yes"
"Can the physician get his file? - CORRECT ANSWER Yes, with written request, within 30
days"
"Can you voluntarily surrender your license? - CORRECT ANSWER Yes, but board does not
have to accept it"
"If you surrender your license to avoid disciplinary action, can you reapply for it? - CORRECT
ANSWER Yes, if there is no prohibitive circumstance"
"If you surrender your license voluntarily, whose burden is it to show competence if you want it
back? - CORRECT ANSWER The physician who surrendered the license"
"Is it permitted to advertise board certification? Board eligibility? - CORRECT ANSWER
Certification, yes; not eligibility"
"What is a standing medical order? - CORRECT ANSWER Physician order to institution, e.g.,
nursing home"
"What is a standing delegation order? What are the requirements? - CORRECT ANSWER
Physician order for patient or population; signed, dated, in writing"
"Who can a physician delegate to? - CORRECT ANSWER Any qualified and properly trained
person"
"Who can the physician delegate to administer dangerous drugs? - CORRECT ANSWER Any
qualified and trained person"
"Can a physician delegate to a midwife? - CORRECT ANSWER Yes (e.g., eye prophylaxis)"
"Is a physician liable for the actions of a NP or PA? - CORRECT ANSWER No, unless
vicariously liable due to employment"
"What kind of name identification do PAs need? - CORRECT ANSWER Name tag identifying
themselves as a physician assistant"
"What requirements exist for prescription for PAs and NPs? - CORRECT ANSWER No
schedule 2; maximum 90 days, no refills unless consultation with physician" "Which drug schedules can PAs and NPs prescribe? How many days? Can they give refills? Can
they treat children? What ages? - CORRECT ANSWER Schedules 3-5, 90 days, refill after
consultation with physician; Yes, but children less than 2 years only after consultation with physician"
"How many PA and NP equivalent FTEs can a physician supervise at maximum? - CORRECT
ANSWER 3 FTEs"
"Can CRNAs give all anesthetic drugs? Are they restricted to a particular MD? - CORRECT
ANSWER Yes; no, any MD"
"What authority do pharmacists have? Can they give immunizations? Where does the
supervising physician have to be located geographically? - CORRECT ANSWER Getting
histories, ordering drug therapy-related tests, procedures, modifying drug therapy; yes; physician has to be able to be physically present daily"
"What can optometrists prescribe? - CORRECT ANSWER Eye ointments"
"Can hospitals provide "physician guarantees"? How do the finances work? - CORRECT
ANSWER Physicians can contract with hospitals but are not employees; guarantees paid for
availability, billing, etc"
"Are there federal anti-kickback laws? - CORRECT ANSWER Yes"
"What kind of crime is it to tamper with Texas Medical Board documents? - CORRECT
ANSWER Class A Misdemeanor"
"Barratry—what is it? Is it illegal? - CORRECT ANSWER Contacting prospective patients in
attempts to solicit them; it is illegal"
"If arrested and suspected to be drunk, do the police need consent to check blood? - CORRECT
ANSWER No, consent is deemed to have been made, but consent can be expressly denied"
"If anyone died in an accident, is consent needed to check blood? - CORRECT ANSWER No"
"Who is a minor in Texas? - CORRECT ANSWER Anybody less than 18 years of age who has
not been emancipated"
"When can a minor petition the court NOT to be a minor? - CORRECT ANSWER Age 16 when
living independently and supporting self, age 17 when supporting self, managing conservator or guardian, Texas resident"
"Can an uncle consent for a minor? - CORRECT ANSWER Yes"
"Can an educational institution consent for a minor? - CORRECT ANSWER Yes (boarding
school for example)" "Vaccinations: Is physician liable for damages by a required vaccination? Is physician liable for
damages done by a disease that the parents denied vaccination for? - CORRECT ANSWER No;
no"
"Who is responsible to review a child's immunization record? - CORRECT ANSWER Any
physician; failure to do so has no consequence"
"What happens if a physician does not review a child's immunization record? - CORRECT
ANSWER Nothing"
"Do you need to consent to inform the authorities if you suspect child abuse or neglect? -
CORRECT ANSWER No"
"In what instance can a child give consent? - CORRECT ANSWER If on active duty, when
restrictions of minor removed, for communicable disease, if pregnant for counseling, and addiction treatment" "Does the Consent to Medical Treatment Act apply to "incapacitated" individuals? Does it apply to
psychiatry patients? - CORRECT ANSWER Yes; yes, but not for patients in FREE-STANDING
psychiatric hospitals"
"Who can be a surrogate decision maker? What are the requirements? - CORRECT ANSWER
Spouse, adult child, majority of children, parents, or a person identified by patient before becoming incapacitated" "Can surrogate decision maker consent to voluntary inpatient psych treatment? ECT treatment?
Appoint another surrogate decision maker? - CORRECT ANSWER Not psych treatment, not
ECT, cannot appoint another decision maker"
"What are 3 examples of "advanced directive"? - CORRECT ANSWER Directive to physician,
out-of-hospital DNR, medical power of attorney" "How many witnesses do you need, and what are the witness requirements for advanced
directives? - CORRECT ANSWER 2 witnesses, one cannot be related, beneficiary, attending
physician or hospital employee"
"Can a directive to a physician be oral or must it be in writing? - CORRECT ANSWER Can be
verbal and must be documented in chart with names of witnesses"
"Does an advanced directive have to be notarized? - CORRECT ANSWER No"
"How many witnesses for an oral directive? - CORRECT ANSWER 2"
"How long is a directive good for? - CORRECT ANSWER No limit, until revoked"
"What are the 3 ways to revoke an advance directive? - CORRECT ANSWER Written, oral, or
VOID across the pages"
"When a directive is orally revoked, what should the physician do with it? - CORRECT
ANSWER Destroy or write note on verbal revocation or write VOID across pages"
"What happens if a physician disagrees with the directive given to him? - CORRECT ANSWER
Does not have to follow; can request ethics or medical committee with 48-hour notification for all parties"
"What is the transfer registry? - CORRECT ANSWER Directory of physicians or hospitals
willing to accept patients in transfer who have advanced directives"
"Is "mercy killing" allowed in Texas? - CORRECT ANSWER No"
"Who must sign an "out-of-hospital DNR"? Can it be verbal? Are witnesses needed? - CORRECT
ANSWER Attending physician, patient, and two witnesses; yes/no; yes/no"
"What are the requirements for mental health directive? What are requirements for witnesses? -
CORRECT ANSWER Age 18 or not a legal minor, not incapacitated; 2 witnesses both of who
cannot be related, beneficiaries, attending physician, or employees of hospital"
"Does a mental health directive have an expiration date? - CORRECT ANSWER Yes, 3 years or
until revoked" "What happens if on the expiration date of a mental health directive, the patient is incapacitated?
- CORRECT ANSWER It continues until competent"
"When can you use restraints? When can you use behavioral measures? - CORRECT ANSWER
If there is danger of harm to self or others and other measures have failed; never"
"Does the donor have rights of a parent in artificial insemination? Does the husband? -
CORRECT ANSWER Donor NO, husband YES"
"What prenatal maternal tests must a physician check? - CORRECT ANSWER HIV, hepB,
syphilis"
"How many times must a physician check prenatal maternal tests? - CORRECT ANSWER
Twice; upon first examination and on admission for delivery"
"Are prenatal maternal tests confidential and anonymous? - CORRECT ANSWER
Confidential; anonymous upon request" "Does the physician have to tell the mother that he/she will do prenatal maternal tests? What if
she wants anonymous testing? - CORRECT ANSWER Yes, must inform but not specifically
consent; if anonymous is wanted must refer patient to anonymous testing center; patient can refuse"
"If prenatal maternal tests are positive, what must the physician do? - CORRECT ANSWER
Refer for treatment, provide counseling, and provide information about diseases"
"How long does a physician have to keep prenatal maternal test results? - CORRECT ANSWER
For 9 months"
"What institutions do not need licensing for birthing centers? - CORRECT ANSWER Licensed
hospitals, nursing homes, and ambulatory surgery centers"
"What does the federal case Roe v. Wade say about abortion? - CORRECT ANSWER Abortions
are legal"
"Under what circumstance can you perform a third trimester abortion in Texas? - CORRECT
ANSWER In emergency to save mother's life or if fetus has severe irreversible abnormality"
"After third-trimester abortion, how many days does the physician have to notify the Department
of Health? - CORRECT ANSWER 30 days"
"What is the cut-off gestational age to do an abortion in the office? - CORRECT ANSWER 16
weeks" "What specific health risk must you inform the patient about during consent for abortion (
categories)? - CORRECT ANSWER Infection, hemorrhage, infertility, breast cancer"
"What specific economic-related issues must you talk about during consent for abortion? Do you
need to document in writing that you talked about these issues? - CORRECT ANSWER
Medical assistance, father's liability for support; yes"
"How long before the abortion must you tell patients about risks and economic issues? -
CORRECT ANSWER 24 hours"
"When can you perform an abortion on a minor? Can you do it without calling the parents? -
CORRECT ANSWER To save mother's life, court order, consent of parents; yes, only court
ordered" "How much time prior to an abortion on a minor must you give notification to parents? If they
agree, can you do it earlier? - CORRECT ANSWER 48 hours; yes"
"What happens if you cannot find a parent to notify of abortion? - CORRECT ANSWER Mail
certified letter 48 hours prior"
"Is there any way for a minor to have abortion without notifying the parents? - CORRECT
ANSWER Yes, can petition court if minor is mature, informed and notification may be harmful
(abuse)"
"To perform emergency abortion on a minor, what must you do? What kind of form to fill out? -
CORRECT ANSWER Assure that it is necessary; notify TDDHS on prepared form"
"What facility must be licensed to do abortions in Texas? - CORRECT ANSWER If they do >
50/year"
"How old or young must a baby be in order for a care provider to be able to take possession of an
abandoned baby? - CORRECT ANSWER 60 days"
"Can any money transaction be done during an adoption? - CORRECT ANSWER Yes; only to
cover expenses"
"When is a person considered dead? - CORRECT ANSWER Cardiac and respiratory functions
cease to exist"
"When is a ventilated person considered dead? - CORRECT ANSWER Irreversible cessation of
brain function"
"What is the time of death for ventilated people? - CORRECT ANSWER At time of determined
brain death"
"For your ventilated person, do you pronounce death before or after you turn off ventilator? -
CORRECT ANSWER Before"
"Who can pronounce somebody dead? - CORRECT ANSWER MD, PA, NP, RN"
"Who must file the death certificate? - CORRECT ANSWER Person in charge of interment"
"How many days does the physician have to fill it out once it is given to him/her? - CORRECT
ANSWER 5 days for MD to fill out medical portion, 10 days to send in death certificate"
"Do fetuses require death certificates? - CORRECT ANSWER If 350 grams or more or 20
weeks or older"
"Sudden infant death syndrome (SIDS) applies to children ages or younger - CORRECT
ANSWER 1 year"
"In SIDS, is an autopsy required? - CORRECT ANSWER Yes"
"To whom and how fast must you report SIDS? - CORRECT ANSWER To a justice of the peace,
medical examiner, or other proper official immediately"
"Who pays for autopsy in SIDS? - CORRECT ANSWER State"
"If at the time of death the physician knows that the patient had a communicable disease, what
must be done to the body? - CORRECT ANSWER Report to TDSHS and tag body to indicate
caution required due to communicable disease"
"The death of a child under ____ years must be reported. - CORRECT ANSWER 6 years"
"Whom do you report it to? - CORRECT ANSWER Medical examiner or justice of the peace"
"What must the medical examiner do for the death of a child under 6 years? - CORRECT
ANSWER Hold inquest"
"How many days must have passed since the person was last seen in order to issue a "certificate of
death by catastrophe"? - CORRECT ANSWER 10 days"
"Can you issue a certificate of death by catastrophe for a minor? - CORRECT ANSWER Yes,
with affidavit"
"What is the difference between an inquest and an autopsy? - CORRECT ANSWER Inquest is
investigation only into causes of death, autopsy is postmortem body examination"
"Who does the inquest after the death of a child under 6 years old? - CORRECT ANSWER
Medical examiner or justice of the peace"
"Who has rights to consent to autopsy? In what order? - CORRECT ANSWER Spouse, child,
court or guardian, parent, next of kin, any person assuming custody"
"If a person higher in hierarchy is not available, can the next person down consent to autopsy? -
CORRECT ANSWER No"
"If a member of a class (1 out of 4 children) consents to autopsy but the other 3 do not agree, can
they still do the autopsy? - CORRECT ANSWER Yes, only one needs to consent"
"What kind of crime is it if you assist in suicide and patient does not die? What if patient dies? -
CORRECT ANSWER Class C misdemeanor, if patient dies felony"
"How many witnesses do you need to donate an organ if there is no will? - CORRECT
ANSWER 2 witnesses, signed"
"Who has the power to donate the organ of a dead person? - CORRECT ANSWER Spouse,
child, parent, siblings, guardian, any authorized person"
"Is the report of nursing home abuse verbal or written? - CORRECT ANSWER Immediately
verbally, written within 5 days"
"What kind of offense is it NOT to report nursing home abuse? - CORRECT ANSWER
Misdemeanor class A"
"Can the institution retaliate against a whistle-blower in cases of nursing home abuse? -
CORRECT ANSWER No"
"When and within what time limit must nursing homes report resident deaths? - CORRECT
ANSWER Within 10 working days"
"Within what time period must nursing home deaths be reported if the resident just transferred
to hospital within 24 hours and died? - CORRECT ANSWER 10 working days"
"Who is considered a child, elderly, or disabled person when talking about a criminal offense for
injury of the above? - CORRECT ANSWER 14 year or younger, 65 or older or disabled older
than 14"
"Who is considered "elderly" when living at home? - CORRECT ANSWER 65 or older"
"What kind of offense is it if you do not report elderly abuse? - CORRECT ANSWER
Misdemeanor class A; false information class B"
"Can a volunteer report abuse in a hospital, etc.? - CORRECT ANSWER Yes"
"Who is considered a mental health worker? Does that include priests? - CORRECT ANSWER
Social worker, addiction counselor, counselor, marriage therapist, clergy member, physician, psychologist; yes"
"Give definitions for 4 types of sexual contact - CORRECT ANSWER Touching, deviate acts,
intercourse, request for or suggestion of"
"What is sexual exploitation? - CORRECT ANSWER Pattern for purposes of sexual
gratification"
"What is therapeutic deception? - CORRECT ANSWER Making patient believe it is part of
treatment"
"What of the above questions is cause for action? - CORRECT ANSWER All-contact,
exploitation, deception"
"Is an employer liable for the sexual misconduct of a current or previous worker with a current or
discharged or ex-patient? - CORRECT ANSWER Yes, if employer has knowledge of past sexual
exploitation or fails to inquire over the last five years of employment"
"What is considered "emotional dependence"? - CORRECT ANSWER Lack of emotional
dependence of the patient on the therapist is a defense that can be raised in an action brought by a former patient" "Is it a defense that the sexual misconduct was consented? Off the premises? Outside treatment
sessions? - CORRECT ANSWER No, no, no"
"Who are the 2 agencies that should receive a report in cases of sexual misconduct? - CORRECT
ANSWER State licensing board and prosecuting attorney of the county where the alleged
offense occurred"
"When to report sexual misconduct? What offense is failure to report? - CORRECT ANSWER
Within 30 days; misdemeanor"
"If you are examining a patient with a communicable disease, what is your duty? - CORRECT
ANSWER Duty to instruct on prevention of reinfection, spread, and necessity to treat"
"Who has to report communicable diseases? - CORRECT ANSWER Physician, dentist,
veterinarian, chiropractor"
"What sort of situations must be reported? - CORRECT ANSWER Documented or suspected
infection, exotic diseases, outbreaks"
"Can an employee in the office do the reporting? - CORRECT ANSWER Yes, if designated by
physician"
"If a physician reports a communicable disease, does the hospital also have to report it? -
CORRECT ANSWER Yes, both"
"If you treat a patient with a communicable disease that dies, what are your 2 responsibilities and
within what time frame? - CORRECT ANSWER Report death immediately and put toe tag on"
"What kind of crime is nonreporting communicable disease? - CORRECT ANSWER Class B
misdemeanor"
