NEVADA STATE BOARD OF OSTEOPATHIC MEDICINE

MEDICAL JURISPRUDENCE EXAM

Statement of Purpose: The board holds an underlying philosophy that the education of a physician on the rights and responsibilities of a physician engaged in the practice of osteopathic medicine in this state is the best mode for ensuring the public protection. The board is responsible to protect the people of Nevada first and foremost by licensing physicians whom have demonstrated competence in osteopathic medicine. This is achieved by validating credentials, and to the best of the board’s ability, ensuring that physicians possess not only the requisite knowledge and skill of medicine, but also the requisite understanding that physicians are also professionals bearing legal responsibilities to their community and to their profession. The following test is on Nevada law governing the practice of osteopathic medicine and reasonable principles held by the osteopathic profession. Once licensed, an osteopathic physician is responsible for conducting their practice in accordance with the law. This exam shall expose the applicant physician to Nevada law so he/she may consider the impact of their practice.

The Exam: The applicant physician is required to complete this test prior to the issuance of a Nevada Osteopathic Medical License. This exam is a required element of your licensing application and your application for licensure shall not be considered complete without it. You have two chances to pass this test with a minimum passing score of 75%. Further, you attest under oath that you have completed this test. A copy of relevant Nevada law has been included with this test. This test measures knowledge on Nevada law as well as ethical or professional practices, which represent the professional standard of osteopathic medicine. The Test: This exam consists of two sections: 25 multiple choice questions worth 2 points each, 25 True/False questions worth 2 points each for a total of 100 points. The test has a minimum passing score or 75%. Please use the attached answer sheet to record your answers.

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MULTIPLE CHOICE: Please select the best answer to complete the statement or answer the question (2 Points each).

1. Each license to practice osteopathic medicine, or letter of permission to employ a physician’s assistant must be renewed:

a. Every Year, and expires on the birth date of the licensee. b. Every two Years c. Every year, and expires on the 31st of December. d. Every three years, same as AOA membership requirements.

2. Who is required to report any claim or action of or for malpractice against the osteopathic physician:

a. The physician’s malpractice insurance carrier only. b. The physician him or her self. c. Both A and B d. None of the Above

3. An osteopathic physician is required to notify the Board in writing of a change of

address: a. Within 2 weeks of moving. b. Immediately. c. Never, the Board is responsible for knowing where I am. d. Within 30 days of moving.

4. It is permissible for an osteopathic physician to have a sexual relationship with a

patient if: a. The patient consents to the relationship and the contact occurs outside of

the office. b. The patient consents to the relationship, and the physician agrees to no

longer be the patient’s physician. c. It is never permissible to have a sexual relationship with a patient. d. The physician has discussed the situation with an attorney and the attorney

says that it is permissible.

5. All of the following are considered unprofessional conduct EXCEPT: a. Not using the term, “D.O., or Osteopathic Physician,” in an advertisement

or professional use of the physician’s name. b. Failing to generate proper medical records. c. Discharging a patient from the physician’s private practice because the

patient has not complied with the treatment offered by the physician. d. Excessively prescribing controlled substances.

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6. Which of the following is/are required to report any activity that may be grounds for discipline against an osteopathic physician?:

a. The board or any of its members. b. A medical society. c. The medical review panel of a hospital or medical center. d. All of the above.

7. Which of the following are grounds for disciplinary action:

a. Gross or repeated malpractice b. Professional Incompetence c. The suspension of a license by any other jurisdiction. d. All of the above.

8. If an osteopathic physician attempts to renew a license but does not have the

necessary documentation of Continued Medical Education (CME), the physician can:

a. Submit a receipt showing that he subscribes to journals. b. Petition the Board for a waiver of the requirement for just cause. c. Contact the AOA, or another CME granting source for assistance. d. Either (b) or (c).

9. The pending complaints currently being investigated or having been dismissed by

the board are: a. A matter of public record. b. Held strictly confidential by the Board. c. Distributed to each hospital’s medical staff committee in the state for their

review. d. Used to determine medical privileges.

10. Which of the following are applicable to an osteopathic physician who supervises

or employs an osteopathic physician’s assistant. a. The Board must grant a letter of permission to employ a PA to the

osteopathic physician. b. Any act or omission of the osteopathic physician’s assistant is considered

to be an act or omission of the physician and the physician is held totally liable and subject to disciplinary action by the Board.

c. The PA must meet the required qualifications set forth in NAC 633.295. d. All of the above.

11. If an osteopathic physician fails to renew a license within 30 days following its

expiration, or fails to notify the board in writing prior to its expiration of an intention not to renew, which of the following will happen:

a. The licensee will be given 30 days written notice of his/ her failure to renew at the licensee’s last known address.

b. If the license is not renewed before the expiration of the 30-day notice, the license is automatically revoked.

c. Nothing, the license will lapse with no further consequences. d. Both and (a) and (b).

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12. An osteopathic physician may write prescriptions for controlled substances in the state of Nevada when:

a. He/she is licensed by the Board to practice osteopathic medicine. b. He/she has a valid DEA Certificate. c. He/she has a valid certificate from the Nevada Board of Pharmacy. d. All of the above.

13. It is a felony to:

a. Practice osteopathic medicine without a license. b. Practice osteopathic medicine with a suspended license. c. Provide false or fraudulent information to the Board. d. All of the above.

14. The Board may renew an osteopathic license only when which of the following is

complete: a. The licensee has applied for renewal on forms provided by the Board. b. Submitted verified proof of continuing medical education either 35 credits

10 of which must be category 1A, or enrollment in an accredited post-graduate training program.

c. Submitted the statement on Child Support as required by law. d. All of the above.

15. A license may NOT be renewed if: a. The licensee is subject to a court order for the support of a child and has

been determined by the court to be in arrears of his/her child support order.

b. The licensee has paid the renewal fee. c. The renewal application was submitted on time. d. The licensee has outstanding malpractice claims.

16. If an applicant is denied a license by the Board the applicant may appeal to:

a. The Nevada Medical Board. b. The district court. c. The Nevada Board of Osteopathic Medicine. d. The American Osteopathic Association.

17. Which of the following is NOT considered unethical conduct:

a. Continuing to treat a patient the physician has engaged in a romantic or sexual relationship.

b. Refusing to write a prescription for a controlled substance for a patient demanding pain relief.

c. Submitting billing claims to a patient’s insurance company for services not rendered.

d. Failing to generate or create medical records relating to the diagnosis of a patient.

18. The fee for renewal of a license is:

a. $300.00 per year. b. $100.00 per year. c. $500.00 for every two years. d. $300.00 for every two years.

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19. If the Board sends a licensee official notice of a complaint and notice of hearing via certified mail to the last known address of the licensee, and the notice is returned to the Board because the address is no longer current, what may the Board do:

a. Nothing, if a physician is not notified of a complaint he/she can’t respond to the complaint.

b. The Board may consider the licensee’s failure to attend a hearing an admission to all the charges and take action based on such an admission.

c. The Board must do everything it can to locate a licensee for service of process.

d. None of the above.

20. If the Board determines that a licensee is guilty of charges set forth in a complaint, it may consider which of the following factors in determining an appropriate sanction.

a. The economic benefit received by the licensee from the violation. b. Any previous history of violations by the licensee. c. Whether the licensee should have known, as a competent osteopathic

physician, that the conduct violated a law, regulation or condition of his/her license.

d. All of the Above.

21. If a license is revoked for failure to renew, the license may be reinstated by: a. Paying all past fees. b. Submitting the Child Support Statement required by law as well as an

affidavit that the licensee has not engaged in action during the term of revocation that would be grounds for disciplinary action.

c. Submitting verified proof of continuing medical education received in the year preceding the revocation and each succeeding year.

d. All of the above.

22. The late renewal fee is assessed on any and all renewal applications received by the Board office on or after January 1st is:

a. $50.00 b. $100.00 c. $200.00 d. $300.00

23. Who bears the responsibility to ensure that informed consent has been obtained

prior to any medical procedure? a. The patient. b. The physician. c. The nurse. d. The office/clerical staff.

24. If a fellow osteopathic physician asks another osteopathic physician to write a prescription for a controlled substance for a family member, what must the osteopathic physician do:

a. Refuse to write the prescription because it is totally unethical. b. Write the prescription based on the diagnosis provided by the requesting

physician without examining the family member. c. Examine the family member, generate a chart, and treat the patient as the

physician determines is prudent. d. None of the above.

25. An osteopathic physician whom is found to be incompetent or engages in

unprofessional or unethical conduct may: a. Have his/her license revoked. b. Have his/her license suspended and or placed on probation. c. Have a revocation or suspension reported to the National Practitioner

Databank. d. All of the above.

TRUE/FALSE

5. T F 1. T F An osteopathic physician who is found guilty of a violation of NRS Chapter 633 or NAC Chapter 633 by the Board may be ordered to pay the cost of the prosecution.

If a physician is ordered by the Board to have a medical competency exam, the physician can refuse and the Board can’t prove that he/she is medically incompetent.

6. T F 2. T F

An osteopathic physician’s assistant may continue to work if his/her supervising physician’s license is suspended or revoked.

The Governor appoints the members of the Board for 4-year terms.

3. T F

Rude or disruptive behavior towards a physician’s staff, hospital staff, or Board staff could be indicative of an underlying psychological problem affecting the practice of medicine.

7. T F

The Board must hold a hearing within 60 days or summarily suspending an osteopathic medical license.

8. T F 4. T F

The Board is responsible for maintaining a public list of all its licensees with current addresses for public inspection.

An osteopathic physician is required by law to carry Professional Liability Insurance (Malpractice) in this state.

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14. T F 9. T F The Board is required to grant a Nevada Osteopathic Medical license to a physician licensed by another state.

It is the responsibility of the licensee to ensure that the Board has a current mailing address. If the Board discovers that an address is not current, the Board may discipline the physician.

15. T F

Licensure is a right that has been earned by one whom has completed osteopathic medical school, all necessary national testing, and post-graduate medical training.

10. T F

Habitual drunkenness or practicing osteopathic medicine while under the influence of alcohol or controlled substances is grounds for disciplinary action.

16. T F

A physician practicing in this state as part of a post-graduate medical program must have a special license.

11. T F

It is considered unethical conduct and grounds for discipline if a licensee fails to comply with the terms of an agreement with a diversion program approved by the Board.

17. T F

Conviction of a felony is grounds for unprofessional conduct even if the felony has no direct link to patient care.

12. T F

An osteopathic physician may use the term, “M.D.”, after his/her name on his/her business card if they are the medical director of the clinic.

18. T F It is permissible to allow others to bill for services rendered by someone else under your Medicare or other type of billing provider number.

13. T F Any information

discovered during the application process that would be grounds for disciplinary action against a licensee is grounds for denial of initial licensure.

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23. T F 19. T F Since physicians know more about drugs and alcohol, they can handle practicing medicine while under the influence, because they know their limits better than anyone.

If a licensee is uncertain of whether or not to report a malpractice claim, felony or gross misdemeanor charge, or action from another state of federal authority, he/she should NOT report the event, and claim ignorance if they get into trouble.

24. T F

If a physician advertises that he/she is Board Certified in a particular specialty when in fact he/she is not, the Board can only take disciplinary action if a patient is actually injured by the false advertising.

20. T F

If the Board requests medical record of a patient, and the physician fails to provide them, the Board may issue a subpoena and if the physician does not respond to the subpoena, the physician may be found in contempt of court and arrested.

25. T F

All CME credits submitted with a renewal application must total at least 35 CME’s, 10 of which must be category 1A and the credits must have been received in the year preceding the renewal.

21. T F

The Board may impose a fine of up to $5,000.00 against an osteopathic physician who fails to report a malpractice claim within 45 days of the filing of such claim.

22. T F

Billing for services provided by an osteopathic physician without documenting the service in the patient’s medical record is unethical.

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Osteopathic Medical Jurisprudence Test Answer Sheet

Circle your answer:

Multiple Choice 1. A B C D 2. A B C D 3. A B C D 4. A B C D 5. A B C D 6. A B C D 7. A B C D 8. A B C D 9. A B C D 10. A B C D 11. A B C D 12. A B C D 13. A B C D 14. A B C D 15. A B C D 16. A B C D 17. A B C D 18. A B C D 19. A B C D 20. A B C D 21. A B C D 22. A B C D 23. A B C D 24. A B C D 25. A B C D

True/False 1. T F 2. T F 3. T F 4. T F 5. T F 6. T F 7. T F 8. T F 9. T F 10. T F 11. T F 12. T F 13. T F 14. T F 15. T F 16. T F 17. T F 18. T F 19. T F 20. T F 21. T F 22. T F 23. T F 24. T F 25. T F

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Certification Name of Applicant: _______________________________________________________ I hereby certify under penalties of perjury that I am an applicant for Licensure to practice Osteopathic Medicine in the State of Nevada by the Nevada State Board of Osteopathic Medicine and that these answers to the Nevada Osteopathic Medical Jurisprudence Test are my own.

________________________________Signature of Applicant

Subscribed and sworn to before me on the _______ day of ________________, 20_____ ______________________ Notary Public state of_______________________ Signature of Notary

Residing at_______________________________

My commission expires _____________________

Jurisprudence Test (Rev. 2004)