Oral Exam Area 4- Related Laws Flashcards
ORC 2151.421 REORTING CHILD ABUSE OR NEGLECT
(a) Immediately report to public children services or officer (where child lives or where the abuse is happening) WHEN
knowledge or reasonable cause to suspect that a child under 18, or person under 21 with a developmental disability or physical impairment, has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or condition that indicates abuse or neglect
ORC 2151.421 REORTING CHILD ABUSE OR NEGLECT
(B) (a) applies to:
an attorney; physician; dentist; podiatrist; practitioner of a limited branch of medicine; registered nurse; licensed practical nurse; visiting nurse; other health care professional; licensed psychologist; licensed school psychologist;
ORC 2151.421 REORTING CHILD ABUSE OR NEGLECT
C) Report be made by telephone or in person and be followed by a written report containing: (3
(1) Names and addresses of the child and persons with custody of the child, if known;
(2) Child’s age and nature/extent of known or suspected (or threat of) injuries, abuse, or neglect, including any evidence of previous injuries, abuse, or neglect;
(3) Any information that might be helpful in establishing cause of known or suspected (or threat of) injury, abuse, or neglect
ORC 5101.63 DUTY TO REPORT ABUSE, NEGLECT OR EXPLOITATION OF ADULT.
(A) As used in this section:
Any attorney, physician, osteopath, podiatrist, chiropractor, dentist, psychologist having reasonable cause to believe that an adult is being abused, neglected, or exploited, or is in a condition that is result of abuse, neglect, or exploitation immediately report such belief to the county department of job and family services.
ORC 5101.63 DUTY TO REPORT ABUSE, NEGLECT OR EXPLOITATION OF ADULT.
(B) (when to report, applies to)—Any person
having reasonable cause to believe an adult has suffered abuse, neglect, or exploitation may report, or cause reports to be made of such belief to the department.
ORC 5101.63 DUTY TO REPORT ABUSE, NEGLECT OR EXPLOITATION OF ADULT.
(C) Reports be made orally or in writing | oral reports be followed by a written report including: (4)
(1) Name, address, and approximate age of the adult who is the subject of the report;
(2) The name and address of the individual responsible for the adult’s care, if known;
(3) Nature/extent of the alleged abuse, neglect, or exploitation of the adult;
(4) Basis of reporter’s belief of abuse, neglect, or exploitation.
ORC 5101.63 DUTY TO REPORT ABUSE, NEGLECT OR EXPLOITATION OF ADULT.
(D) Any person with reasonable cause to believe that an adult is suffering abuse, neglect, or exploitation who makes a report or who testifies __________
in any administrative or judicial proceeding arising from such a report, or any employee of the state or any of its subdivisions be immune from civil or criminal liability, except liability for perjury, unless the person has acted in bad faith or with malicious purpose.
ORC 5101.63 DUTY TO REPORT ABUSE, NEGLECT OR EXPLOITATION OF ADULT.
5101.60 Adult protective services definitions.
(A) “Abuse:”
infliction by self or others of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical harm, pain, or mental anguish.
ORC 5101.63 DUTY TO REPORT ABUSE, NEGLECT OR EXPLOITATION OF ADULT.
5101.60 Adult protective services definitions.
(B) “Adult:”
person 60+ within Ohio who is handicapped by the infirmities of aging or who has a physical or mental impairment preventing from providing for own care or protection, and resides in independent living arrangement.
- “Independent living arrangement:” domicile of own choosing, including, private home, apartment, trailer, or rooming house, or adult care facility licensed pursuant to Chapter 5119
- Does not include other institutions or facilities licensed by the state or facilities in which a person resides as a result of voluntary, civil, or criminal commitment.
ORC 5101.63 DUTY TO REPORT ABUSE, NEGLECT OR EXPLOITATION OF ADULT.
5101.60 Adult protective services definitions.
(K) “Neglect:”
failure to provide for self the goods or services necessary to avoid physical harm, mental anguish, or mental illness or the failure of a caretaker to provide such goods or services.
ORC 2305.51 IMMUNITY OF MENTAL HEALTH PROFESSIONAL OR ORGANIZATION AS TO VIOLENT BEHAVIOR BY CLIENT OR PATIENT. (4)
(A) (1) As used in this section: (see separate)
(B) A mental health professional or mental health organization may be held liable in damages in a civil action, or may be made subject to disciplinary action by an entity with licensing or other regulatory authority over the professional or organization…. (see separate for rest)
(C) All of the following apply when a mental health professional or organization takes one or more of the actions set forth in divisions (B)(1) to (4) of this section:
(D) The immunities from civil liability and disciplinary action conferred by this section are in addition to and not in limitation of any immunity conferred on a mental health professional or organization by any other section of the Revised Code or by judicial precedent.
ORC 2305.51 IMMUNITY OF MENTAL HEALTH PROFESSIONAL OR ORGANIZATION AS TO VIOLENT BEHAVIOR BY CLIENT OR PATIENT.
(A) (1) As used in this section: (4) plus there is a (2)
(b) “Mental health client or patient” means an individual who is receiving mental health services from a mental health professional or organization.
(c) “Mental health organization” means an organization that engages one or more mental health professionals to provide mental health services to one or more mental health clients or patients.
(d) “Mental health professional” means an individual who is licensed, certified, or registered under the Revised Code, or otherwise authorized in this state, to provide mental health services for compensation, remuneration, or other personal gain…
(f) “Knowledgeable person” means an individual who has reason to believe that a mental health client or patient has the intent and ability to carry out an explicit threat of inflicting imminent and serious physical harm to or causing the death of a clearly identifiable potential victim or victims and who is either an immediate family member of the client or patient or an individual who otherwise personally knows the client or patient.
(2) For the purpose of this section, in the case of a threat to a readily identifiable structure, “clearly identifiable potential victim” includes any potential occupant of the structure.
ORC 2305.51 IMMUNITY OF MENTAL HEALTH PROFESSIONAL OR ORGANIZATION AS TO VIOLENT BEHAVIOR BY CLIENT OR PATIENT.
(B) A mental health professional or mental health organization may be held liable in damages in a civil action, or may be made subject to disciplinary action by an entity with licensing or other regulatory authority over the professional or organization,
- FINISH THE REST OF DEFINITION
- PLUS there are 4 subsections
for serious physical harm or death resulting from failing to predict, warn of, or take precautions to provide protection from the violent behavior of a mental health client or patient, only if the client or patient or a knowledgeable person has communicated to the professional or organization an explicit threat of inflicting imminent and serious physical harm to or causing the death of one or more clearly identifiable potential victims, the professional or organization has reason to believe that the client or patient has the intent and ability to carry out the threat, and the professional or organization fails to take one or more of the following actions in a timely manner:
(1) Exercise any authority the professional or organization possesses to hospitalize the client or patient on an emergency basis pursuant to section 5122.10 of the Revised Code;
(2) Exercise any authority the professional or organization possesses to have the client or patient involuntarily or voluntarily hospitalized under Chapter 5122. of the Revised Code;
(3) Establish and undertake a documented treatment plan that is reasonably calculated, according to appropriate standards of professional practice, to eliminate the possibility that the client or patient will carry out the threat, and, concurrent with establishing and undertaking the treatment plan, initiate arrangements for a second opinion risk assessment through a management consultation about the treatment plan with, in the case of a mental health organization, the clinical director of the organization, or, in the case of a mental health professional who is not acting as part of a mental health organization, any mental health professional who is licensed to engage in independent practice;
(4) Communicate to a law enforcement agency with jurisdiction in the area where each potential victim resides, where a structure threatened by a mental health client or patient is located, or where the mental health client or patient resides, and if feasible, communicate to each potential victim or a potential victim’s parent or guardian if the potential victim is a minor or has been adjudicated incompetent, all of the following information:
(a) The nature of the threat;
(b) The identity of the mental health client or patient making the threat;
(c) The identity of each potential victim of the threat.
ORC 2305.51 IMMUNITY OF MENTAL HEALTH PROFESSIONAL OR ORGANIZATION AS TO VIOLENT BEHAVIOR BY CLIENT OR PATIENT.
(C) All of the following apply when a mental health professional or organization takes one or more of the actions set forth in divisions (B)(1) to (4) of this section:
(1) The mental health professional or organization shall consider each of the alternatives set forth and shall document the reasons for choosing or rejecting each alternative.
(2) The mental health professional or organization may give special consideration to those alternatives which, consistent with public safety, would least abridge the rights of the mental health client or patient established under the Revised Code, including the rights specified in sections 5122.27 to 5122.31 of the Revised Code.
(3) The mental health professional or organization is not required to take an action that, in the exercise of reasonable professional judgment, would physically endanger the professional or organization, increase the danger to a potential victim, or increase the danger to the mental health client or patient.
(4) The mental health professional or organization is not liable in damages in a civil action, and shall not be made subject to disciplinary action by any entity with licensing or other regulatory authority over the professional or organization, for disclosing any confidential information about a mental health client or patient that is disclosed for the purpose of taking any of the actions.
ORC 2921.22 (F)
DOMESTIC VIOLENCE, VICTIM OF, DOCUMENTATION IN CLIENT RECORD (2)
(1) Any doctor of medicine or osteopathic medicine, hospital intern/resident, registered/licensed practical nurse, psychologist, social worker, independent social worker, social work assistant, professional clinical counselor, or professional counselor who knows or has reasonable cause to believe that a patient/client has been victim of domestic violence shall note that knowledge/belief and basis for belief in their records.
(2) Doctor-patient privilege shall not be a ground for excluding any information regarding knowledge or belief of domestic violence
- Information may be admitted as evidence in accordance with the Rules of Evidence
