15 hours ago Nurses are listed in most, if not all, mandatory reporting statutes. Statutes include child abuse and neglect reporting statutes, medical neglect of children and the elderly, elder abuse in the community or in nursing homes reporting laws, and domestic violence. Reporting statutes have certain conditions and protections the reporter must meet ... >> Go To The Portal
Nurses and Mandatory Reporting Laws. Federal and state laws require that certain individuals, particularly those who work in health care, with the elderly, with children, and other vulnerable populations, have an affirmative duty to report to a specified state agency when violence occurs against those populations. Nurses are listed in most,...
Unlicensed persons are not permitted to administer medication to patients in New York State except in a few well delineated areas. This memorandum provides information about those few exceptions.
Although New York drug possession laws divide controlled-substance and marijuana-related offenses into two separate groups, the elements of the offenses are essentially the same. In order to obtain a conviction for possession of a controlled substance or marijuana, prosecutors must prove, beyond a reasonable doubt, that:
Probably illegal to transmit a drug or illegal weapon to the patient anyways. Specializes in Hospice. Has 50 years experience. 2,891 Posts It would seem to me that, in addition to HIPAA concerns, there would be issues over illegal search and seizure.
The information shared is protected. If you tell your doctor that you have been using drugs or drinking alcohol in risky ways (e.g., while driving, or illegally) the doctor cannot have you arrested or send you to jail. HIPAA protects you from the provider sharing (disclosing) your information to non-treatment entities.
New Penalties for Violations of Part 2 Under the CARES Act, Congress gave HHS the authority to issue civil money penalties for violations of Part 2 in accordance with the civil money penalty provisions established for HIPAA violations, ranging from $100 to $50,000 per violation depending on the level of culpability.
Controlled substances must be counted upon delivery. The nurse receiving the order, along with the person delivering the medication order, must count the controlled substances together. Both individuals must sign the designated narcotic record. 4.
There are a few limited exceptions when providers can make disclosures without a patient's written consent, including: Internal communications. Medical emergencies. Reports of alleged child abuse or neglect (if required by state law)
No. Your doctor isn't legally allowed to report drug use to the police. The only situations in which doctors can break confidentially is if there's concern about someone seriously harming themselves or others. Our main focus is on your health and how to partner with you to improve your health.
A covered entity is required to agree to an individual's request to restrict the disclosure of their PHI to a health plan when both of the following conditions are met: (1) the disclosure is for payment or health care operations and is not otherwise required by law; and (2) the PHI pertains solely to a health care item ...
Official Answer. The anti-seizure medication gabapentin is not currently considered a narcotic or controlled substance by the federal government, but certain states have enacted legislation so that the medication is treated as one or monitored by the state's prescription drug monitoring program.
Eight Rights of. Medication Administration. The Right Person.The Right Medication.The Right Time.The Right Dose.The Right Route.The Right Position.The Right Documentation.The Right to Refuse.
It includes drug theft, use, or tampering (adulteration or substitution). Drug diversion is a felony that can result in a nurse's criminal prosecution and loss of license. “If patients are harmed, a nurse may risk permanent exclusion from working in healthcare,” New says.
The 42 CFR Part 2 regulations (Part 2) serve to protect patient records created by federally assisted programs for the treatment of substance use disorders (SUD).
42 CFR Part II protects client identifying information... that would identify a client as an alcohol or drug client, either directly or indirectly and any information, whether oral or written, that would directly or indirectly reveal a person's status as a current or former client.
Part 2 was introduced to encourage people suffering from drug and alcohol addiction issues to seek treatment without fear of retribution; therefore, these records are to be held in the highest confidence allowing the patient to act as the gatekeeper in the movement of these records.
Indeed, if you as a nurse fail to report an instance of violence when required to do so, you could face professional disciplinary action by the state board of nursing, a loss of any certifications you hold (e.g., certification as a school nurse), and criminal prosecution (usually a misdemeanor). 2
Consult with a nurse attorney or attorney to help guide you with the reporting, especially if you are not supported by your employer;
Statutes include child abuse and neglect reporting statutes, medical neglect of children and the elderly, elder abuse in the community or in nursing homes reporting laws, and domestic violence. Reporting statutes have certain conditions and protections the reporter must meet and possesses in order to ensure that the reporting is not done ...
When a mandatory duty to report violence against an individual or individuals exists, there is no exception to the directive: one must report without fail. This translates into no excuse for not doing so. As a result, nurse-patient confidentiality, another staff member or administrator telling you not to report your concerns, or a family member pleading with you not to report your observations do not affect your duty to report.
Avoiding Liability Bulletin – April 2013. Federal and state laws require that certain individuals, particularly those who work in health care, with the elderly, with children, and other vulnerable populations, have an affirmative duty to report to a specified state agency when violence occurs against those populations.
Unlawful possession of marijuana is a violation and is subject to imprisonment of no more than 15 days or a fine in an amount less than $250.
If you're facing drug possession charges in New York, it's important to remember that you're presumed innocent. The outcome of your case will ultimately come down to the evidence admitted at trial and, when it comes to taking on the prosecution's case against you, there's no better ally than an experienced New York criminal defense attorney who specializes in drug cases.
Although New York drug possession laws divide controlled-substance and marijuana-related offenses into two separate groups, the elements of the offenses are essentially the same. In order to obtain a conviction for possession of a controlled substance or marijuana, prosecutors must prove, beyond a reasonable doubt, that:
As prohibi ting or preventing the practice of nursing in this state, in obedience to the requirements of the laws of the United States, by any commissioned nurse officer in the armed forces of the United States or by any nurse employed in the United States veterans administration or United States public health service while engaged in the performance of the actual duties prescribed for him or her under the United States statutes, provided such person does not represent or hold himself or herself out as a nurse registered to practice in this state; or
Disclaimer: Practice guidelines provide licensees with general guidance to promote good practice. Law, rules and regulations, not guidelines, specify the requirements for practice and what may constitute professional misconduct.
Examples of exemptions where unlicensed persons, under the supervision of a registered nurse, may administer medications include the Office of Mental Retardation and Developmental Disabilities (OMRDD) 1 , the Office of Children and Family Services 2, and public schools in specifically defined emergencies 3. Such applications of the exemptions are specific to limited settings and only explicitly allowed by law. The Board for Nursing is concerned about and systematically examining the various medication administration practices in other settings including youth homes, adult homes, and jails in order to inform staff of the law and ensure public safety in this important matter.
the providing of care by a person acting in the place of a person exempt under clause (i) of this paragraph, but who does hold himself or herself out as one who accepts employment for performing such care, where nursing services are under the instruction of a licensed nurse, or under the instruction of a patient or family or household member determined by a registered professional nurse to be self-directing and capable of providing such instruction, and any remuneration is provided under section thirty-six hundred twenty-two of the public health law or section three hundred sixty-five-f of the social service law; or
Section 1 (b) (10) of Part 29 of the Rules of the Board of Regents specifically prohibits delegation of this professional responsibility by licensed persons to an individual who the licensee knows or has reason to know, lacks the education, experience or licensure to perform those tasks.
Unlicensed persons are not permitted to administer medication to patients in New York State except in a few well delineated areas. This memorandum provides information about those few exceptions. The administration of medication is a function that is statutorily authorized to a limited number of professions.
RNs must determine a method of proper identification of each medication for the patient and/or caregiver, which could be a log, a picture, a chart or other means. Of particular concern is correctly identifying medication that must be taken several times a day, at specific times of the day, with or without certain foods or liquids, or medication with specific instructions such as “take with a full glass of water, on an empty stomach and do not lie down for 30 minutes”. Identification of medications must be clear enough for a patient or caregiver to easily respond to a determination to “hold” or discontinue one of several drugs packaged together.
What is critical for the safety of the patient when implementing this provision is determining the extent to which a patient and/or the patient’s caregiver is self-directed. In most situations, that determination is made by the RN assessing the patient. Suitable patients are those who are themselves able to demonstrate or who have a self-directing caregiver who is able to demonstrate consistently the ability to self-medicate once the container (medication box or syringe) is adequately prepared by an RN. In all such circumstances patients and/or a self-directing other, should be capable of providing orally or by other means, such as a written list or chart, the names of the medications taken by the patient, the time that they are to be taken, significant side and untoward effects, and whether or not such effects are occurring.
No more than a fifteen day supply of medication can be prefilled. However, this is not to imply a universal standard of a 15 day supply for all prefill patients, as any supply up to 15 days should only be as appropriate to a specific patient.
Suitable patients are those who are themselves able to demonstrate or who have a self-directing caregiver who is able to demonstrate consistently the ability to self-medicate once the container (medication box or syringe) is adequately prepared by an RN.
The RN periodically, but no less than every 60 days, reassesses the degree to which medications are efficacious and the degree to which the patient/client remains self-directed.
Disclaimer: Practice guidelines provide licensees with general guidance to promote good practice. Law, rules and regulations, not guidelines, specify the requirements for practice and what may constitute professional misconduct.
In December, 2009 the Governor signed into existence Chapter 503 of the Laws of New York State which provides the following:
HIPAA doesn't actually allow a disclosure because someone is found to possess guns or brass knuckles. HIPAA is very specific that an exemption is only allowed for threats that are specific and imminent, simply possessing something illegal doesn't count.
illegal contraband: weapons, drugs, whatever, will not be returned.
State in your drug free workplace policy that a refusal to test or a positive test is misconduct. Terminate employment for misconduct. Drug and Alcohol Prevention Program requirements for Code Rule 60. Separate credits are provided for safety, return or work, and drug and alcohol prevention.
New York City has proposed a law to prohibit employers from conducting pre-employment drug testing for THC (marijuana). The law goes into effect May 9.2020. There are exemptions including DOT testing and safety sensitive positions. 2020 Update – Regardless of CDL license status – for hire drivers of transporting 10 or more people ...
State laws’ intoxication defenses generally fall into one of three rough categories: defenses that do not depend on causation; defenses that require some form of proximate causation between intoxication and injury; and defenses that require that intoxication be the sole cause of injury.
Effective March 31, 2021 - Revise drug free workplace policies, use caution when terminating for a positive marijuana drug test. None, however Code Rule 60 is a voluntary program that permits employers to put certain safety-related programs in place that qualify them for workers' compensation credits.
Drug testing results must be reported to an MRO before they can be released to the employer. Follow a 'reasonable basis' for requiring a post-accident drug test. Laboratories must be licensed. State in your drug free workplace policy that a refusal to test or a positive test is misconduct.
On-site testing facilities are subject to regulation under the state's clinical laboratory licensing law per the NYS Department of Health. Neither LabCorp nor Quest Diagnostics perform instant drug testing at their drug testing centers in New York State.
If you know you have a substance use problem, it’s time to talk to your doctor, even if the drug (s) you’re using are illegal. The point of talking to your doctor is to seek and obtain the kind of treatment that will help you stop abusing drugs and end your addiction. Your doctor can help you find the right treatment.
The biggest fear people face when just thinking about admitting substance use to their doctor is consequences. Discomfort grows when a person is using an illegal substance. The biggest fear is being reported to the authorities. Thanks to doctor-patient confidentiality, this fear is often only as big as you make it. A doctor cannot discuss the information you share in confidence, and if they do, you can take legal recourse, even when admitting something like heroin or cocaine use.
It’s a Legal Concept: The doctor-patient privilege is a nationally recognized legal concept. It protects what a patient and their doctor discuss from being used against the patient in a court of law , even if the patient confesses to a crime.
The oath serves as a sort of moral guide , and medical practitioners must abide by a code of ethics. While doctor’s view patient-physician confidentiality as a fundamental tenet of their code of ethics, they are bound to abide by it within the constraints of the law. Harm Must be Reported: By law and ethics, a doctor must report severe bodily injury.
Your doctor can help you find the right treatment. Your options are not limited, and your physician can connect you with professionals and community resources dedicated to supporting you. From substance abuse counseling programs to prescription support, there have never been more evidence-based options for treating substance abuse and addiction.
If you choose to talk to your doctor about illegal substance use, you can , in most cases, rest assured that your conversation will remain confidential. You can read up on physician-patient privilege at Wikipedia, but here are the important highlights:
Should the relationship between substance abuse, addiction, and medical insurance stop you from getting help? No, but it might be something you’ll need to consider based on your circumstances before proceeding cautiously. Medical science has clearly identified substance use disorders as viable medical conditions that are, for many, as unavoidable as diabetes or cancer. Could the manner in which these are treated by insurance companies change in the future? Perhaps, but until then, you’ll need to decide on what’s best for you.