Truth Telling and Confidentiality 12-12-14 Flashcards
When can confidentiality be breached?
When there is potential harm to a third party
Court order demanding the info
Patient must consent to share medical records - do not release info to family or friends without patient’s consent
Can physicians share information about a patient?
Not unless the patient has signed a request or release of info form - between institutions
OK between doctors without identifying info
Medical info should be given to the patient first.
Obviously.
When do you release PHI to law enforcement?
When a subpoena or court order is issued
When is patient confidentiality broken?
Potential harm to third party
- STIs - HIV and syphilis
- Threats of murder/bodily harm
Who owns medical records?
The physician or institution
The patient owns the information inside the record
- unethical to prevent patients from accessing their medical records
How do you correct errors in a medical record?
Draw a line through errors - do not cover up
Date and sign any amendments
Do not obfuscate, destroy, or remove parts of the medical record under any circumstances
Can you do mandatory testing for HIV?
No
Another layer of consent is typically needed for HIV testing
What should be done in the case of a new Dx of HIV?
Informing past sexual partners
Informing anyone the patient has shared a needle with
If patient can’t/won’t do it, then Dept. of Health
Can physicians refuse to treat HIV+ patients?
No
If you suspect child abuse as a physician, what must you do?
Report it - even suspected child abuse
How does reporting elder abuse differ from reporting child abuse?
It doesn’t - mandatory reporting still applies.
Reports to adult protective services.
What is a physician required to do with a suspected impaired driver?
Laws vary widely from state to state
If driver is impaired medically, make suggestions that they limit driving.
Only DMV can revoke licenses.
If spousal abuse is suspected, what can you do as a physician?
Counsel patients to leave relationship
Mandatory reporting doesn’t apply
Do gunshot wounds have to be reported?
Yes, even if patient objects
