are md's mandated to report other md's with conditions that could affect patient care?

What are some examples of mandatory medical reporting law states?

Here are a few highlights. Mandatory Medical Reporting Law States : In some states, physicians are required to report patients who have specific medical conditions (e.g., epilepsy, dementia) to their state Department of Motor Vehicles (DMV).

Is it mandatory for a physician to report a patient’s driving ability?

This type of reporting is not mandatory across the entire United States.   Currently, there are only six (6) states that mandate a physician to report on a patient’s ability to operate a motor vehicle.

Do you have to report medical conditions to your state?

Some states require reporting for specific conditions but not for others [4]. And the legal protection provided to physicians who report also varies from state to state. Oregon, for example, has broad regulations.

When to report a mental health concern to the government?

Requires mental health professional who has determined that a patient presents a serious and imminent danger to himself or others to report the concern to state government, and not to the third party potentially at risk*. Reasons for disclosure must be documented in the clinical record.

What types of data are physicians legally required to report?

Physicians also need to report known or suspected abuse of any individual (child, elderly adult, or battered spouse), drug abuse, and criminal acts (indicated by injuries resulting from violence, such as gunshot or stab wounds). A legal document that records information about a birth.

Do doctors report other doctors?

Report: Doctors Have A Duty To Report Other Doctors' Medical Mistakes.

Is a doctor obligated to inform a patient of the diagnosis?

In the briefest terms, a physician is required to provide general information about a proposed diagnosis or treatment and more personalized information about how the treatment might reasonably affect the particular patient.

What is a physician responsibility to a patient?

Physicians' fiduciary responsibility to patients entails an obligation to support continuity of care for their patients. At the beginning of patient-physician relationship, the physician should alert the patient to any foreseeable impediments to continuity of care.

What is considered unprofessional conduct by a doctor?

Physician conduct/unprofessional conduct complaints are complaints that allege concerns about breach of confidence, record alteration, filing fraudulent insurance claims, misleading advertising, failure to sign death certificates in a timely manner, failure to provide medical records to a patient, patient abandonment, ...

What is unethical in healthcare?

An unknown percentage of physicians and others rendering health care services do so unethically, with a wide variety of abuses such as: practising without the proper educational qualifications; practising without required licences and registrations; over-charging; negligence; erroneous, unwarranted or uncertain ...

Do physicians have an ethical duty to disclose information about medical mistakes to their patients?

Do physicians have an ethical duty to disclose information about medical mistakes to their patients? Physicians have an obligation to be truthful with their patients. That duty includes situations in which a patient suffers serious consequences because of a physician's mistake or erroneous judgment.

Do doctors have to tell patients everything?

Doctors are only required to make disclosures which are mandated by law but they do not need to disclose every possible risk or medical alternative. The general standard which is applied is that if a reasonable doctor would disclose the information, then a doctor is obligated to disclose the information.

Do doctors have to tell you everything?

But if that didn't happen, the physician needs to assess the patient's cognitive state. If they are able to comprehend the information, we must tell them everything, no matter what others request of us. The patient always has the authority and right to know.

What is the legal obligation of healthcare workers to patients?

Terms in this set (37) a legal obligation for healthcare personnel to take reasonable care of a patient to avoid causing harm. If this duty is not met, a charge of negligence may be made against the healthcare provider.

What does the law require of a physician regarding treating patients?

Principle VI of the American Medical Association's (AMA) “Principles of Medical Ethics,” states that a “physician shall, in the provision of appropriate patient care, except in emergencies, be free to choose whom to serve, with whom to associate, and the environment in which to provide medical care” [1].

Do doctors have a fiduciary duty to patients?

"As part of physicians' fiduciary duty to their patients, physicians have a responsibility to maintain independence and impartiality in their medical decision-making, and to always put the well-being of their patients first and to not allow their judgment to be compromised by these other influences."

Who shall inform the Board of Health Care of any change that has been made?

B. A reporting entity shall inform the Board of any change that has been made, in whole or in part, because the reporting entity had reason to believe that the health care provider:

What happens if the Board finds after the hearing that the reporting entity did not fail to file any report required by this?

If the Board finds after the hearing that the reporting entity did not fail to file any report required by this chapter, the Board shall issue a final disposition dismissing the notice of failure to file a report.

How long does it take to report a naturopathic doctor?

C. A health care facility shall report within 10 days to the Board if a licensed naturopathic doctor voluntarily resigns from the staff of the health care facility, voluntarily limits staff privileges, or fails to reapply for hospital privileges at the health care facility while the naturopathic doctor is under formal or informal investigation by the health care facility for possible medical incompetence, unprofessional conduct, or mental or physical impairment.

Is a notice of failure to file a report a public document?

A. The notice of failure to file a report and any final disposition under this chapter are public documents.

Is a report made to the Board under this chapter subject to subpoena?

A report made to the Board under this chapter is not subject to subpoena or discovery in any civil action other than a proceeding arising out of a hearing and the final disposition of the Board or disciplinary panel.

Who may issue subpoenas?

B. Over the signature of an officer, the executive director, or the deputy director, the Board may issue subpoenas in connection with any investigation or proceeding to enforce this chapter.

Can a final disposition of a reporting entity be stayed?

The disposition of the Board may not be stayed pending judicial review.

Who is not liable for a mental health patient's violent behavior?

Provides that a physician, social worker, psychiatric nurse, psychologist or other mental health professional, a mental health hospital, a community mental health center, clinic, institution or their staff shall not be liable for damages in an civil action for failure to warn or protect any person against a patient's violent behavior. Any such persons mentioned shall not be held civilly liable for failure to predict such violent behavior, except where the patient has communicated to the mental health provider a serious threat of imminent physical violence against a specific person or persons. "When there is a duty to warn and protect under the provisions of paragraph (a) of this subsection (2), the mental health provider shall make reasonable and timely efforts to notify the person or persons, or the person or persons responsible for a specific location or entity, that is specifically threatened, as well as to notify an appropriate law enforcement agency or to take other appropriate action, including but not limited to hospitalizing the patient." Any persons mentioned above shall not beheld civilly liable or professionally disciplined for warning any person against or predicting a patient's violent behavior. This immunity does not cover negligent release of mental health patient information or the negligent failure to initiate involuntary seventy-two-hour treatment and evaluation after a personal patient evaluation determining that the patient appears to have a mental illness, and as a result of that illness would be an imminent danger to others.

What is the duty of confidentiality in mental health?

Under ethical standards tracing back to the Roman Hippocratic Oath, doctors and mental health professionals usually must maintain the confidentiality of information disclosed to them by patients in the course of the doctor-patient relationship. With some exceptions codified in state and federal law, health professionals can be legally liable for breaching confidentiality. One exception springs from an effort to protect potential victims from a patient’s violent behavior. California courts imposed a legal duty on psychotherapists to warn third parties of patients’ threats to their safety in 1976 in Tarasoff v. The Regents of the University of California. This case triggered passage of “duty to warn” or “duty to protect” laws in almost every state as summarized in the map and, in more detail, in the chart below.

What is client privilege in behavioral health?

Behavioral health professional - client privilege does not extend when the professional has a duty to (1) inform victims and appropriate authorities that a client's condition indicates a clear and imminent danger to the client or others; or (2) to report information required by law.

Why are mental health professionals reluctant to treat potentially violent patients?

Mandatory reporting laws, say some professionals, may discourage people from seeking professional help or fully disclosing their intentions; or providers may be reluctant to treat potentially violent patients because they fear liability for failure to properly fulfill the duty to warn.

When did California impose a legal duty on psychotherapists?

California courts imposed a legal duty on psychotherapists to warn third parties of patients’ threats to their safety in 1976 in Tarasoff v. The Regents of the University of California.

Who is immune from failure to warn or protect from a patient's threatened or actual violent behavior?

June 2, 2000. Any physician, clinical psychologist, or qualified examiner is immune from failure to warn or protect from a patient's threatened or actual violent behavior except where the patient has communicated a serious threat of physical violence against a reasonably identifiable victim or victims.

When did psychologists not disclose to others?

Sept. 4, 1996. A psychologist or psychological associate may not reveal to another person a communication made to the psychologist or psychological associate by a client about a matter concerning which the client has employed the psychologist or psychological associate in a professional capacity.

Why is mandatory reporting required?

Mandatory reporting of persons believed to be at imminent risk for committing violence or attempting suicide can pose an ethical dilemma for physicians, who might find themselves struggling to balance various conflicting interests. Legal statutes dictate general scenarios that require mandatory reporting to supersede confidentiality requirements, but physicians must use clinical judgment to determine whether and when a particular case meets the requirement. In situations in which it is not clear whether reporting is legally required, the situation should be analyzed for its benefit to the patient and to public safety. Access to firearms can complicate these situations, as firearms are a well-established risk factor for violence and suicide yet also a sensitive topic about which physicians and patients might have strong personal beliefs.

What is the HIPAA exception for PHI?

One type of exception involves threats made by a patient to harm him- or herself or another person . HIPAA’s implementing regulations allow disclosure of PHI when disclosure “is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public; and … is to a person or persons reasonably able to prevent or lessen the threat, including the target of the threat” [6]. The persons “reasonably able to prevent or lessen the threat” might be law enforcement, family members, or the victims themselves. The key term “imminent” is not defined, but in studies of violence prediction, imminence has been taken to mean time measured in days to months [7]. In addition to the HIPAA exception for imminent danger, most states have laws that mandate or permit disclosure of PHI in the event of a threat [8].

How does a firearm affect a physician?

Depending on their personal experience with guns, physicians might have varying levels of concern about or comfort with the implications of a firearm’s involvement in a given case . They might also be hesitant to question a patient further on the topic, as they might be concerned about offending the patient by asking about what many perceive to be a private issue. However, ascertaining the types of guns owned, how they are stored, and if the patient has any intentions of using them are important components of risk assessment.

Can a physician tell a patient that the information will be shared with another party?

In many cases, physicians might choose to tell the patient, as Dr. B did, that the information will be shared with another party.

Do medical laws fit into real life cases?

Despite their attempts at specificity, these laws often do not fit neatly onto real-life patient cases. In some jurisdictions, the statements made by the patient can meet the threshold at which a physician is mandated to report in order to warn or protect a potential victim.

Which states require a physician to report a patient's ability to operate a motor vehicle?

These six states include: California. Delaware. Nevada. New Jersey.

How many states require a physician to report a motor vehicle?

This type of reporting is not mandatory across the entire United States.   Currently, there are only six (6) states that mandate a physician to report on a patient’s ability to operate a motor vehicle. These six states include:

What is mandatory reporting in Oregon?

The Oregon Secretary of State website similarly states: “…mandatory reporting by physicians and health care provider s of those persons with severe and uncontrollable cognitive or functional impairments affecting a person’s ability to safely operate a motor vehicle. ”.

How many jurisdictions require physicians to report unsafe drivers?

On the NHTSA’s website, a survey of medical review practices can be found that indicate while all 51 jurisdictions accept reports of potentially unsafe drivers from physicians, only 6 jurisdictions require physicians to report drivers to the motor vehicle agency.

What age do you have to be to report a disease in Pennsylvania?

According to Schemery Zicolello Law Firm, the Pennsylvania Medical-Reporting Law requires health care personnel to report to the Pennsylvania Department of Transportation the full name, date of birth and address of every person over 15 years of age that is diagnosed as having a disorder or disability that could impair his/her ability to drive.   In the list of reportable medical conditions, the attorneys specifically call out dementia.

Which states require reporting for dementia?

These six states include: California. Delaware. Nevada. New Jersey. Oregon. Pennsylvania. Not all mandatory states direct their reporting law toward those who are afflicted with Alzheimer’s Disease or, indeed, any sort of dementia whatsoever. Below are some specifics around each mandatory state and what is defined in their law.

Which state has mandatory reporting for Alzheimer's?

California. The state of California is the first that I will discuss. It’s a prime example of a state in which (a.) there is mandatory reporting, and (b.) that reporting is at least partially concerned with Alzheimer’s Disease expressly.

Why is medicine a self-regulated profession?

Medicine has a long tradition of self-regulation, based on physicians’ enduring commitment to safeguard the welfare of patients and the trust of the public. The obligation to report incompetent or unethical conduct that may put patients at risk is recognized in both the ethical standards of the profession and in law and physicians should be able ...

Why report a colleague who is incompetent?

Reporting a colleague who is incompetent or who engages in unethical behavior is intended not only to protect patients , but also to help ensure that colleagues receive appropriate assistance from a physician health program or other service to be able to practice safely and ethically.

Who is required to report medical conditions to the DMV?

Only doctors are required by law to report medical conditions to the DMV. But other parties have the option to do so, including: law enforcement officers, judges, family members, friends, concerned private citizens, and. even the driver him- or herself (in a driver’s license application or during a visit to the DMV).

When do you need to inform the DMV of a mental illness?

Most states require physicians to inform the DMV when they diagnose a patient with any medical or mental condition that may affect the person’s ability to drive safely.

What to do if the DMV finds that the driver poses no safety risk?

do nothing (if the Department finds that the driver poses no safety risk), ask for further medical information, conduct a “ reexamination hearing ,” or. in rare cases, immediately suspend or revoke the person’s driving privileges. The DMV must notify the impacted driver in writing of its final decision.

How long does it take to get a DME in California?

This form requires the driver to provide the DMV with a comprehensive health history. The driver must complete and return the DME within 26 days. The driver has to sign the DME under penalty of prosecution for the California crime of perjury.

What happens if the DMV determines that the driver does not pose a safety risk?

The DMV will then review the DME. If it determines that the driver does not pose a safety risk, it will take no further action.

What happens after a driver report is received?

After receiving a report about a driver, the DMV will conduct an initial safety risk assessment of the driver.

Who must notify the impacted driver of its final decision?

The DMV must notify the impacted driver in writing of its final decision.

What are the laws regarding impaired drivers?

Laws Concerning Disclosure of Impaired Drivers. Many states have enacted laws to address the problem of impaired drivers. Some of these laws mandate disclosure to motor vehicle authorities, while, in others, disclosure is voluntary. Some states require reporting for specific conditions but not for others [4].

Does California require reporting of disorders characterized by lapses of consciousness?

For example, California only requires reporting of disorders "characterized by lapses of consciousness." Reporting disorders characterized by lapses of consciousness. Cal Health & Safety sec 103900 (2006). Accessed May 8, 2008.

Do physicians have to report in good faith?

Whether they mandate reporting, prohibit it, or make it voluntary, the laws have much room for improvement. Ethically and professionally physicians’ duties do not stop with existing laws; they are encouraged to “work with their state medical societies to create statutes that uphold the best interests of patients and community and that safeguard physicians from liability when reporting in good faith” [14].

Can a physician report a disease?

Although a number of states mandate or permit physician reporting of diseases or illness that may impair driving abilities, those that don ’t address the physicians’ role in reporting put physicians in a peculiar position. On the one hand, the American Medical Association’s Code of Medical Ethics explicitly acknowledges that physicians have a responsibility “to recognize impairments in patients’ driving ability that pose a strong threat to public safety and which ultimately may need to be reported to the Department of Motor Vehicles” [14]. On the other hand, the law may prohibit physicians from disclosing confidential information without an explicit exception. In other words, if informing driver’s licensing agencies (i.e., the Department of Motor Vehicles) about potentially dangerous drivers is not a legally sanctioned reason for breaching confidentiality, physicians may be unable to disclose. So, if they follow their professional obligation to report patients (pursuant to detailed guidelines [14]), doctors may face civil and criminal liability for unauthorized disclosure under some state laws [15].

Do physicians have to report medical conditions?

Physicians should be aware of their professional responsibilities and the legal requirements of the states in which they practice. When determining whether to report a patient’s medical condition that may impair driving, physicians may have to weigh conflicting guidelines: a professional obligation to report and a legal requirement to maintain confidentiality, even in the face of danger to the public.

Does Oregon require physicians to report impairments?

Oregon, for example, has broad regulations. Its laws require physicians ( especially primary care physicians) to report conditions that impair sensory, motor, and cognitive functioning to state authorities [5], and they provide comprehensive standards for determining when a driver is impaired.

Do physicians have to report?

Where obligated to report, physicians must do so. When reporting is voluntary, they should also consider their professional obligations before deciding on a course of action. Certainly, limited criminal and civil liability protections that place the physician at legal risk should be a factor in cases where reporting is not mandated.

Case

See more on journalofethics.ama-assn.org

Commentary

Disclosing Protected Health Information

Counseling Patients About Firearm Safety

When Is Reporting Required?

Conclusion