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EVERY DAY “WHAT SHOULD I DO?” EVENTS RIG HTS – ETHICS - C O MPLIA NCE JANUARY 2011

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Every Day What should I do? EventsRights Ethics - Compliance

January 2011

What time is my nephews appointment? If you dont tell me, I cant get him there!1What should she say?If there is Clear documentation that the person callingiIs the guardian or parent or there is a written Authorization that such information can be provided, then the appointment time can certainly be given.

Otherwise, the laws on confidentiality do not allow us to even acknowledge that a consumer is enrolled in our services without written consent. If this is the case, then you inform the caller as such and thatyou can only provide the time directly toa consumer.

2 Oh! My! Its 5:30 and I have got to get to my daughters recital! The group session discussion was very general nothing really specific by the members. It wouldnt hurt if I just cut and pasted these last four brief group notes, would it?

What should she do?Each Progress/group note is an unique picture ofEach consumers interactions during a session.No two notes should ever be exactly alike.

Cut and pasting in this manner is considered acompliance violation which would result indisciplinary action up to and including terminationfrom the DCSB.

Im so MAD!! My supervisor is picking on me. Im through with her! Im going to get her good. Shell never hurt me again.3What are some of the clinicians choices?

Duty to Warn (Policy 700-10) A licensed clinician shouldassess the consumer & take necessary actions (complete 1013, have physician evaluate or call police) to see that The consumer does not harm self or others. A mental health professional has a duty to take reasonable steps to protect third party persons from threatenedphysical harm posed to them by patients.The decision on Duty to warn takes into consideration the consumers complete medical history includingaggressive and impulsive tendencies. Once evaluated,consult with the Chief Medical Officer and/or Chief Operating Officer, if needed, to assist in planning for any notification.

DCSB Staff: I saw Jeff coming out of DAC the other day.Did you know that he was an addict?4Is it okay to tell a friend?

No. You cannot tell a friend that you saw a someone that you both personally know that the person was possibly a consumer of the DCSB even if you didnt have any professional relationship with him. The fact that you are DCSB staff holds you to the confidentiality of Jeff.

No. You should not tell a co-worker either. First, if that person is also a friend/acquaintance of Jeff, then you have once again breached confidentiality. Second, even if the person does not have a personal connection to Jeff, the staff may not have the need to know anything about Jeffs presence at DAC and you have now breached the minimum necessary requirement of HIPAA.

5Thanks for taking the time to participate in the January mini-training module.2011Rights-Ethics-ComplianceCQI Committee