1. Every Day “What should I do?” Events Rights – Ethics - Compliance January 2011
2. If there is Clear documentation that the person callingiIsthe 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 that you can only provide the time directly to a consumer. What should she say? “What time is my nephew’s appointment? If you don’t tell me, I can’t get him there!” 1
3. Each Progress/group note is an unique picture of Each consumer’s interactions during a session. No two notes should ever be exactly alike. Cut and pasting in this manner is considered a compliance violation which would result in disciplinary action up to and including termination from the DCSB. What shouldshe do? Oh! My! It’s 5:30 and I have got to get to my daughter’s recital! The group session discussion was very general – nothing really specific by the members. It wouldn’t hurt if I just cut and pasted these last four brief group notes, would it?” 2
4. Duty to Warn (Policy 700-10) A licensed clinician should assess 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 threatened physical harm posed to them by patients.” The decision on “Duty to warn” takes into consideration the consumer’s complete medical history including aggressive 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. What are some of the clinician’s choices? “I’m so MAD!! My supervisor is picking on me. I’m through with her! I’m going to get her good. She’ll never hurt me again.” 3
5. 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 didn’t 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 Jeff’s presence at DAC and you have now breached the “minimum necessary” requirement of HIPAA. Is it okay to tell a friend? DCSB Staff: “I saw Jeff comingout of DAC the other day. Did you know that he was an addict?” 4
