Other Articles and Regulations Flashcards
What is the threshold for duty to warn?
A provider knows of a patient’s risk of violence and the patient indicates to the provider intention to inflict imminent physical injury on a specified victim or group.
What are the steps prior to breach of confidentiality when there is a duty to warn?
- seek civil commitment of the patient
- diagnose and undertake a treatment plan designed to eliminate risk of threat
- inform appropriate law enforcement agency and as feasible intended victim(s) of
- nature of threat
- identity of patient making threat
- identity of specified victim(s)
What are the 8 types of treatment to which minors have the same capacity as an adult to consent to?
- treatment or advice about:
- drug abuse
- alcoholism
- venereal disease
- pregnancy
- contraception other than sterilization
- physical examination and treatment of injuries from an alleged rape or sexual offence
- physical examination to obtain evidence of an alleged rape or sexual offence
- initial medical screening and physical examination on and after admission to a detention center
In what two areas does a minor have the same capacity as an adult to consent if, in the judgment of the physician or psychologist, the minor’s life or health would be adversely affected?
- medical treatment
- psychological treatment
This does not include capacity to refuse treatment if a parent, etc. has given consent.
What is the liability of a physician, psychologist, or individual under their direction treating a minor if that minor does not have the capacity to consent to treatment?
These persons are not liable solely because the minor lacked capacity to consent.
What obligation does an attending physician, psychologist, or those under their direction, have to the parent, etc. of a minor who withholds consent or expressly objects to disclosing treatment information?
Except information about abortion, the physician or psychologist may, but need not, disclose that information to the parent, etc.
At what age does a minor have the same capacity as an adult to consent to consultation, diagnosis, and treatment of a mental or emotional disorder by a psychologist or physician?
Age 16. This does not include capacity to refuse treatment if a parent, etc. has given consent. Also, social workers, counselors, etc., require the consent of parents, etc.
When a psychologist is on a treatment team for a minor and that team is headed by a physician, who determines whether a parent, etc. receives information about the minor?
The physician.
If a parent, etc. does not consent to treatment of a minor, is s/he liable for the costs?
No, only if the parent, etc. consents is s/he liable.
What is the threshold for reporting child abuse?
- “reason to believe that a child has been subjected to abuse” reports to local DSS and local law enforcement
- “reason to believe that a child has been subjected to neglect” reports to local DSS
What are the procedures for reporting child abuse/neglect?
- immediate oral report (telephone or direct) to local DSS and/or law enforcement
- written report to local DSS within 48 hours
- copy to State attorney if abuse is suspected
What are the contents of a written child abuse/neglect report to the DSS?
- name, age, home address of child
- name, home address of parent, etc.
- whereabouts of child
- nature and extent of abuse or neglect, including possible previous instances
- any other information relevant to determining cause and identity of abuser
What instances of abuse of a vulnerable adult are covered in other areas of the law?
those occurring in a:
- mental health facility
- facility for individuals with intellectual disabilities
- nursing home
- hospital
What is the threshold for reporting abuse of a vulnerable adult?
reason to believe
What is the procedure for reporting abuse of a vulnerable adult?
report by telephone, direct communication, or in writing to the local DSS as soon as possible
