Doctor-Patient Privilege: Does It Cover Illegal Substance Use?

We’ve known for a long time that patients can leave a doctor for a new one. But in recent years we are hearing more and more about doctors who are dismissing their patients. Patients ask me frequently, “Can my doctor dismiss me? But there are also circumstances under which a doctor may not dismiss a patient. And there are specific steps a smart patient will take to either try to repair the relationship with the doctor who has attempted to dismiss her or in the process of finding a new doctor. Protected non-discrimination class race, color, religion, national origin, sexual orientation, gender identity. We’ve reviewed previously many of the complaints doctors have about patients. They include everything from non-adherence to obnoxious behavior to missed appointments.

Your rights and participation as a patient

Dalmacio Francisco, 75, of Jamaica and Michael Othman, 48, could wind up serving serious time themselves for working together to obtain large quantities of the opioid over the past five years. Prosecutors said Francisco would write monthly prescriptions of oxycodone tablets for Othman and fellow patients whom he recruited. Francisco allegedly provided the prescriptions electronically or in writing, and Othman allegedly traveled to pharmacies across Queens to have them filled.

The prescriptions were for 30mg immediate release oxycodone tablets, which are known to law enforcement as a product in high demand among drug abusers and dealers.

Your relationship with your doctor involves rights and obligations. Here you can find out about your specific rights at the doctor’s and in hospital.

Companion Resource: Advice to the Profession. Together with the Practice Guide and relevant legislation and case law, they will be used by the College and its Committees when considering physician practice or conduct. There are both sexual boundaries and non-sexual boundaries within a physician-patient relationship. Patient : In general, a factual inquiry must be made to determine whether a physician-patient relationship exists, and when it ends.

The longer the physician-patient relationship and the more dependency involved, the longer the relationship will endure. Therefore, physicians must not engage in sexual relations with a patient or engage in sexual behaviour or make remarks of a sexual nature towards their patient during this time period.

Sexual Relationships With Patients

Relationships between patients and The length of the former relationship, the extent to which the patient has confided personal or private information to the physician, the nature of the patient’s medical problem, and the degree of emotional dependence that the patient has on the physician, all may contribute to the intimacy of the relationship. In addition, the extent of the physician’s general knowledge about the patient i.

January 1,

Medical Record: The collection of information concerning a patient and his or her clinic, physician or provider and can be certified by the UC__ Record All inpatient Medical Records must be completed within 14 days from the date of.

Sometimes Cooper would prescribe drugs after a cursory examination or without seeing patients at all, officials said. Authorities said the patients would receive a prescription, fill it and use the drugs to satisfy their addictions or make money on the streets. In exchange for the drugs, Cooper would retain the patients in his practice or bill their insurance companies for doctor visits. From March 31, , to Dec. Officials said those oxycodone tablets were the most popular and valuable on the streets.

Patient overdose On June 17, , Cooper is accused of illegally prescribing one patient doses of methadone 10 mg. The DEA and our law enforcement partners will continue to identify and investigate medical professionals who engage in the criminal distribution of prescription drugs. Other illegal prescriptions Officials identified 21 other specific instances when Cooper illegally prescribed controlled substances to patients. In one case, Cooper would authorize monthly controlled substances for a patient while that person was incarcerated for nearly two years, officials said.

Full Story Link. This post expires and will no longer be available at pm on Saturday, June 12th, After months of hard From January 1, , to December 31, , NPLEx successfully blocked the illegal sale of 1,, boxes of medicine

When the doctor–patient relationship turns sexual

Most patients are well-meaning and generally nice. But every now and then, you will get one who is a total pain to deal with. In fact, an article I read on CNN.

An up-to-date expression and elaboration of boundaries of the doctor–patient relationship, and thus upon the well-being of the patient. These While no committee or board could offer prior assurance that any illegal activity would not be.

We welcome the opportunity to enhance this page with reliable information. For patients — it means being able to make informed choices when seeking care and reimbursement for care based on how personal health information may be used. Only those people who need access for business reasons and who have been authorized to receive it. What is meant by having access to the “minimum necessary” information to do our jobs?

We have access to all information that we need to do our jobs, but we should not have access to unnecessary information. The Privacy Rule permits, but does not require, a covered entity voluntarily to obtain patient consent for uses and disclosures of protected health information for treatment, payment, and health care operations. Covered entities that do so have complete discretion to design a process that best suits their needs.

Where the Privacy Rule requires patient authorization, voluntary consent is not sufficient to permit a use or disclosure of protected health information unless it also satisfies the requirements of a valid authorization. They are responsible for the overall protection of patient privacy and the security of all our information, whether on paper, in the computer, or in conversation.

May the hospital use or disclose a patient’s entire medical record based on the patient’ signed consent? Yes, as long as the Authorization describes, among other things, the information to be used or disclosed by the hospital in a “specific and meaningful fashion,” and is otherwise valid under the Privacy Rule. You are not permitted to look at your father’s record unless your father has informed the hospital that that is okay in writing.

While parents usually want family involvement in their treatment, it shouldn’t be assumed. Sometimes an individual does not want family members to know the details.

Physicians and Self-Prescribing: Just Say ‘No’

The decision sparked the ire of medical blogger Dr. Chris Rangel, who noted that the consensual relationship between two adults resulted in more severe penalties than many medical mistakes that actually hurt patients. Among the rest of the disciplinary actions there is the case where a feeding tube was inserted in the wrong patient, a failure to perform an adequate eye exam on a patient with eye trauma, and the failure to meet standards of care in a high risk obstetrical patient, and none of the punishments in these cases came anywhere near what the board dishes out for doctor-patient trysts.

A sexual relationship, even a consensual one, between a doctor and their patient is certainly improper. This is not the issue. Rather, the problem is with the bizarre set of priories that the T.

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Information on extension of continuing education deadlines can be found here. To complete the online renewal process, please visit www. Please read all the instructions. You will be required to login or create a login and password. Answer: Beginning July 1, , acupuncture will become a separately licensed profession and regulated by the Kansas Board of Healing Arts.

The Board is in the process of drafting regulations for the profession to implement the new law. See K. Additionally, acupuncture may be performed by licensed healing arts professionals M. Naturopathic Doctors N. Answer: Generally speaking, no. Practitioners must be fully licensed in Kansas, maintain malpractice insurance, and participate in the Health Care Stabilization Fund.

There are a few exceptions. Question: I am an out-of-state physician who plans on doing locum tenens practice in the State of Kansas. What are the licensing requirements?

The medical record: A legal document — Can it be corrected?

Most medical providers are honest and work hard to improve their patients’ health. However, a few want to illegally increase the size of their bank accounts. Learn some of the basic health care provider schemes and how to deter them from taking some easy money.

That is the date Steven Kahlon, who sued LVHN last year for a privacy breach, was discharged from Lehigh Valley Hospital, according to records.

Professional Reference articles are designed for health professionals to use. You may find one of our health articles more useful. When prescribing, there are a number of points to take into account. Many doctors do this automatically but this article will provide you with some pointers and reminders to bear in mind when prescribing. Hippocrates’ advice ‘primum non nocere’ – First, do no harm – still holds today.

Prescribe only where necessary, and consider benefits versus risks. Involve the patient in decisions about their care and respect patient autonomy. Note the patient’s age, medical history especially of any hepatic or renal dysfunction and any concurrent medication. Think about dosage carefully; manufacturers’ recommended doses are based on population studies and assume ‘one dose fits all’.

However, there are genetic differences. New drugs are often marketed at the highest therapeutic level to demonstrate effectiveness in large numbers of patients but companies are not required to provide data on lowest effective dose. If this is a new – potentially long-term – prescription, review the patient to assess for effect, side-effects and the need to continue. This is becoming an important issue, as evidenced by its increasing prominence in the undergraduate medical syllabus.

Issues which need to be considered include [ 1 ] :.

FAQ – Legal

There is great uncertainty and misunderstanding in the United States regarding whether or not physicians are allowed to self-prescribe. Under federal law, physicians are not specifically prohibited from self-prescribing or prescribing for friends and family. According the Opinion 8. Similarly, patients may feel uncomfortable disclosing sensitive information or undergoing an intimate examination when the physician is an immediate family member.

In particular, minor children will generally not feel free to refuse care from their parents.

Keeping up to date and following clinical guidelines, where available, from the National Institute for Health and Care Excellence (NICE) or.

The preparation of a medico-legal report is an exercise in communication between the doctors and the legal system. A proper request and informed consent are essential prior to commencing report preparation. A structured format incorporating elements of background information, medical history, physical examination, specimens obtained, treatment provided and opinion is suggested.

The medico-legal report is a structured and formal vehicle for communication between the doctors and the legal system. Requests for medico-legal reports are common and originate from a variety of sources such as police, lawyers, government tribunals, insurance companies or the patients themselves. Once prepared they may be used in criminal or civil proceedings with consequences for the patient, the doctor, third parties and the judicial system In view of these potential implications they must be prepared with accuracy, diligence and an understanding of basic legal principles.

Although usually prepared for a specific person, the report may become a public document and be used by a diverse non-medical audience. Clarity of communication and economy of scale are vital to maximise its effectiveness. The circumstances surrounding many emergency department attendances especially those involving violence considerably increase the likelihood of a request for a medico-legal report. The request should be directed specifically to the most senior doctor who was involved with the clinical management of the patient.

Whilst it is possible to direct the request to any person involved or to someone who may only compile a report from the medical notes, this is less satisfactory. If the latter occurs there will always be uncertainty as to why the senior treating doctor was not asked, implying them may be something to conceal. Consent for the release of medical information to a third party must be obtained prior to a medico-legal report being dispatched. It is recommended that consent is obtained prior to a report being prepared to prevent inadvertent release without consent.

General Prescribing Guidance

July 26, by Morris Green 10 Comments. Physician-patient privilege. Doctor-patient confidentiality. Since the inception of government-driven healthcare, concern and outright fear about what is and can be shared from your medical visits has multiplied. Should you? What happens if and after you do?

The term “doctor shopping” has traditionally referred to a patient obtaining controlled fact is cited as “[legal citation] (eff. date unclear, [estimated year]). doctor shopping laws, specific doctor shopping laws make it illegal for patients to.

If a patient walks into my office using threatening language or behaving violently toward me or my staff and fails to improve his behavior despite good-faith attempts at redirection, I can ask him to leave without receiving care. Of course, there may be extenuating circumstances. A patient in the midst of a mental health crisis who is abusive clearly requires immediate attention. And a critically ill patient who comes to the emergency room engaging in violent behavior but desperately in need of care cannot be dismissed, as this would cause her immediate harm, though security personnel may be required to assist in the delivery of care.

Still, in the absence of urgent care needs, I am within my rights to not provide treatment to an abusive patient rather than allow him or her to continue with behavior that disrupts the care of other patients or threatens my safety or that of other health care workers. Doctors should not provide treatment outside their scope of practice. As a cardiologist, I have expertise in treating cardiovascular disease and its risk factors, but I do not manage non-cardiac conditions.

If a patient of mine with heart disease asks me for pain medication for a lower back strain or antibiotics for an ear infection, I should decline to provide this treatment because it is outside my area of practice or expertise. I should, however, advise him on how best to proceed by referring him back to his primary care physician. While that may be an inconvenience to my patient, my providing non-cardiac treatment without being up to date on current guidelines and practice standards presents a real potential for harm.

My prescribing the wrong antibiotic, for example, might delay him from getting the right treatment and put him at higher risk for infectious complications, which would violate my duty as a physician to do no harm. The third context in which doctors can refuse to provide certain treatments deserves a closer look.

Patient With Doctor