Legal Flashcards
DATA 2000 - WAIVER is now gone since
Consolidated Appropriations Act of 2023
42 CFR Part 2
OTPs/Methadone Clinics have special confidentiality requirements since 1970s and revised in 2020: prohibits unauthorized disclosures of pt records, prohibits use of pt record in criminal prosecution EXCEPT in med emergency, research/quality review, or by court order
*Limited OTP to PDMP information between OTP (clinic) and OBOT (outpt)
Medical Malpractice
4Ds = Duty, Derelict/Breach, Direct Cause, Damage
4 Core Principles of Ethics
Autonomy, Beneficence, Nonmaleficence, Justice
Res Ipsa Loquitur
the thing that speaks for itself = facts - damage - responsibility
Respondeat Superior
let the master answer = employer responsible for employees within scope of employment
HIPAA
requirement to obtain pt authorization except for tx, payment, required discloures unless - serious contagious disease, CPS, or serious threat
EMTALA
screen, stabilize requirement
Double Effect Doctrine
It is WRONG to intentionally harm to produce good (cause death as relief from suffering)
It is NOT WRONG to pursue a good result even if the action leads to unintended but foreseen harm (providing morphine to decrease suffering at EOL)
Harrison Act
1914, tax on alcohol and tobacco, and made illegal other drugs (heroin, cocaine, hallucinogens incl peyote) so illegal to sell/give made it illegal for doctors giving any as medications and led to a waterfall of repressive drug policies leading to heroin epidemic in 1960s and 2000s
Dole & Nyswander
1965 methadone study that use of this drug leads to decreased “narcotic hunger” and life improvement and led to more methadone research and FDA allowance for detox and maintenance
FDA approval of methadone for detox
1970
FDA approval of methadone for maintenance
1973
methadone tx criticisms of 1972 and their effect
criticisms of methadone tx at onset were: access concern to poison children, divergence, and iatrogenic addiction
these criticisms led to increased regulation: max daily dose, counseling req’t, age for tx, and req’t to have OUD x 12months prior to tx
Controlled Substances Act
1970 - Scheduled Medications established
limited ability to use RX opioids to tx MOUD