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32 Cards in this Set
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Area 4: Related Laws
Duty to Report Child Abuse |
(A) (1) 1. If acting in an "official or professional capacity" |
(A) (1) (a) No person described in division (A)(1)(b) of this section who is acting in an official or professional capacity and knows or suspects that a child under eighteen years of age or a mentally retarded, developmentally disabled, or physically impaired child under twenty-one years of age has suffered or faces a threat of suffering any physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of the child, shall fail to immediately report that knowledge or suspicion to the entity or persons specified in this division. Except as provided in section 5120.173 [5120.17.3] of the Revised Code, the person making the report shall make it to the public children services agency or a municipal or county peace officer in the county in which the child resides or in which the abuse or neglect is occurring or has occurred. In the circumstances described in section 5120.173 [5120.17.3] of the Revised Code, the person making the report shall make |
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Area 4: Related Laws
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- Attorney, Physician (including hospital intern or resident), Dentist, Podiatrist, Practitioner of a limited branch of medicine, RN, LPN, Visiting nurse, or other health care professional, Licensed psychologist, Licensed school psychologist,Independent MFT or MFT, Speech pathologist or audiologist, coroner, admin or employee of child day-care center, residential camp or day camp, certified child careagency, or other private children services agency, schoolteacher/ employee or authority, social work or professional counseling, county humane society, spiritual tx in accordance w/ tenets of a well-recognized religion, superintendent, board member, employee or investigative agent of county board of mental retardation, or employee of dept. of mental retardation and developmental disabilities |
(b) Division (A)(1)(a) of this section applies to any person who is an attorney; physician, including a hospital intern or resident; dentist; podiatrist; practitioner of a limited branch of medicine as specified in section 4731.15 of the Revised Code; registered nurse; licensed practical nurse; visiting nurse; other health care professional; licensed psychologist; licensed school psychologist;independent |
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Area 4: Related Laws
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NOT required to make a report if the physician or attorney could NOT testify w/ respect to that communication in a civil or criminal proceeding, EXCEPT if client has waived testimonial privilege w/ respect to that communication & if ALL of the following apply: |
(2) An attorney or a physician is not required to make a report pursuant to division (A)(1) of this section concerning any communication the attorney or physician receives from a client or patient in an attorney-client or physician-patient relationship, if, in accordance with division (A) or (B) of section 2317.02 of the |
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Area 4: Related Laws
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1. Report "forthwith" by phone or in-person, followed by written report if requested by agency/officer |
(C) Any report made pursuant to division (A) or (B) of this section shall be made forthwith either by telephone or in person and shall be followed by a written report, if requested by the receiving agency or officer. The written report shall contain: |
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Area 4: Related Laws
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NO |
(G) (1) (a) Except as provided in division (H)(3) of this section, anyone or any hospital, institution, school, health department, or agency participating in the making |
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Area 4: Related Laws
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1. If required reporter and... |
having reasonable cause to believe that an adult is being abused, neglected, or exploited, or is in a condition which is the result of abuse, neglect, or exploitation shall immediately report such belief to the county department of job and family services. |
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Area 4: Related Laws
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Attorney, physician, osteopath, podiatrist, chiropractor, dentist, psychologist, nurse, employee of a hospital, ambulatory health facility, home health agency, adult care facility community alternative home, community mental health facility, nursing home, or residential care facility, or home for the aging, senior service provider, peace officer, coroner, clergyman, and any person engaged in social work or counseling |
Any attorney, physician, osteopath, podiatrist, chiro, dentist, psychologist, any employee of a hospital as defined in section 3701.01 of the Revised Code, any nurse licensed under Chapter 4723. of the Revised Code, any employee of an ambulatory health facility, any employee of a home health agency, any employee of |
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Area 4: Related Laws
Duty to Report Abuse Neglect or Exploitation of an Adult |
1. Orally, or in writing if requested |
(C) The reports made under this section shall be made orally or in writing except that |
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Area 4: Related Laws Duty to Report Abuse Neglect or Exploitation of an Adult
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NO - any person w/ "reasonable cause" to believe an adult is suffering abuse, neglect, or exploitation who makes a report or testifies (or any employee of the state/subdivisions who is discharging responsibilities under this section of the revised code) shall be immune from civil and criminal liability EXCEPT liability for perjury (unless person has acted in bad faith or with malicious purposes) |
(D) Any person with reasonable cause to believe that an adult is suffering abuse, neglect, or exploitation who makes a report pursuant to this section 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 who is discharging responsibilities under section 5101.62 of the Revised Code shall be immune from civil or criminal liability on account of such investigation, report, or testimony, except liability for |
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Area 4: Related Laws
Duty to Report Abuse, Neglect, Exploitation of an ADULT
What are the - Adult Protective Services Definitions for: "Abuse" "Adult" "Neglect"
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"Abuse" - The infliction by self or others of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical harm, pain, or mental anguish.
"Adult" - Any person 60 years or older within the state who is handicapped by infirmities of aging -or- has a mental/physical impairment which prevents the person from providing for his/her own care/protection -and- who reside in an "independent living arrangement" (a domicile of the person's choosing such as home, apartment, trailer, rooming house, etc; does NOT include institution or facility licensed by the state or facility or lives in as a result of voluntary, civil, or criminal commitment).
"Neglect" - failure of an adult to provide for self the goods or services necessary to avoid physical harm, mental anguish, or mental illness -or- failure of a caretaker to provide such goods and services. |
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Area 4: Related Laws
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an individual who is receiving mental health services from a mental health professional or organization |
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an organization that engages one or more mental health professionals to provide mental health services to one or more mental health clients or patients |
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Area 4: Related Laws
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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… |
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Area 4: Related Laws
Immunity of Mental Health Prof. or Organization as to Violent Behav by the Client or Patient
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an individual who has reason to believe that a mental health client or pt 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 |
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Area 4: Related Laws
Immunity of Mental Health Prof. or Organization as to Violent Behav by the Client |
YES, |
(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 |
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Area 4: Related Laws
Immunity of Mental Health Professional or Organization as to Violent Behavior by the Clie Patient. nt or
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ONLY if... |
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Area 4: Related Laws |
a. Hospitalize on an emergency basis |
(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. |
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1. a. consider each of the alternatives and DOCUMENT reasons for choosing or rejecting EACH alternative
b. Give special consideration to alternatives, consistent w/ public safety, least abridge the rights of the mental health client c. NOT required to take an action (that in one's "reasonable judgment") would physically endanger the professional or org., increase danger to potential victim, or increase danger to client |
(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. |
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Area 4: Related Laws
Is the mental health professional or organization liable in damages in a civil action if actions are taken in case of a threat of violent behavior by a client? |
NO - not liable, and NOT subject to disciplinary action by any entity with licensing or other regulatory authority for disclosing any confidential information about the client that is disclosed for the purpose of taking any actions
- This is in addition to immunity conferred on mental health prof. or org. by any other sections of the Revised code or judicial precedent. |
(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. (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. |
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Document that knowledge or belief, and the basis for it, in the client's records
- Dr-Patient privilege shall NOT be ground for excluding any information regarding the report containing the knowledge or belief of domestic violence (information may be admitted as evidence in accordance with the Rules of Evidence) |
(F) (1) Any doctor of medicine or osteopathic medicine, hospital intern or resident, registered or 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 or client has been the victim of domestic violence, as defined in section 3113.31 of the Revised Code, shall note that knowledge or belief and the basis for it in the patient's or client's records.
(2) Notwithstanding section 4731.22 of the Revised Code, the doctor-patient privilege shall not be a ground for excluding any information regarding the report containing the knowledge or belief noted under division (F)(1) of this section, and the information may be admitted as evidence in accordance with the Rules of Evidence. |
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Any doctor of medicine or osteopathic medicine, hospital intern or resident, RN or LPN, psychologist, social worker, independent social worker, social work assistant, professional clinical counselor, or professional counselor |
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Area 4: Related Laws |
1. Report it to law enforcement authorities (if you know that a felony has been, or is being, committed) |
(A) No person, knowing that a felony has been or is being committed, shall knowingly fail to report such information to law enforcement authorities. |
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YES, entitled to the same access as the residential parent, UNLESS the court determines it would not be in the best interest of the child (court should specify terms and conditions under which the non-residential parent is to have access to records, should enter written findings of facts and opinion in the journal, and issue an order w/ terms & conditions for residential & non-residential parent w/ notice that any keeper of a record who knowingly fails to comply will be in contempt of court!)
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(H) (1) Subject to section 3125.16 and division (F) of section 3319.321 [3319.32.1] of the Revised Code, a parent of a child who is not the residential parent of the child is entitled to access, under the same terms and conditions under which access is
provided to the residential parent, to any record that is related to the child and to which the residential parent of the child legally is provided access, unless the court determines that it would not be in the best interest of the child for the parent who is not the residential parent to have access to the records under those same terms and conditions. If the court determines that the parent of a child who is not the residential parent should not have access to records related to the child under the same terms and conditions as provided for the residential parent, the court shall specify the terms and conditions under which the parent who is not the residential parent is to have access to those records, shall enter its written findings of facts and opinion in the journal, and shall issue an order containing the terms and conditions to both the residential parent and the parent of the child who is not the residential parent. The court shall include in every order issued pursuant to this division notice that any keeper of a record who knowingly fails to comply with the order or division (H) of this section is in contempt of court. |
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Area 4: Related Laws
If the non-residential parent does NOT have the same access to a child's record as the residential parent, how would a psychologist know? |
- the Residential parent shall present the "keeper of the record" with a copy of an order issued by the court that limits the terms & conditions of the non-residential parent to the child's records in question (only permit the non-res parent to have access to the record in accordance with the MOST RECENT presented to the keeper by either the res OR non-res parent)
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(2) Subject to section 3125.16 and division (F) of section 3319.321 [3319.32.1] of
the Revised Code, subsequent to the issuance of an order under division (H)(1) of this section, the keeper of any record that is related to a particular child and to which the residential parent legally is provided access shall permit the parent of the child who is not the residential parent to have access to the record under the same terms and conditions under which access is provided to the residential parent, unless the residential parent has presented the keeper of the record with a copy of an order issued under division (H)(1) of this section that limits the terms and conditions under which the parent who is not the residential parent is to have access to records pertaining to the child and the order pertains to the record in question. If the residential parent presents the keeper of the record with a copy of that type of order, the keeper of the record shall permit the parent who is not the residential parent to have access to the record only in accordance with the most recent order that has been issued pursuant to division (H)(1) of this section and presented to the keeper by the residential parent or the parent who is not the residential parent. Any keeper of any record who knowingly fails to comply with division (H) of this section or with any order issued pursuant to division (H)(1) of this section is in contempt of court. |
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Area 4: Related Laws
1. Who may file a complaint with the court to prevent disclosure of a record to a non-residential parent? 2. If a complaint is filed, then what happens? |
1. Prosecuting attorney of any county can file a complaint w/ court of common pleas requesting court to issue a protective order preventing the disclosure "of any confidential law enforcement investigatory record"
2. Court will schedule a hearing on the motion and give notice of the date, time, and location of the hearing to all parties |
(3) The prosecuting attorney of any county may file a complaint with the court of common pleas of that county requesting the court to issue a protective order
preventing the disclosure pursuant to division (H)(1) or (2) of this section of any confidential law enforcement investigatory record. The court shall schedule a hearing on the motion and give notice of the date, time, and location of the hearing to all parties. |
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Area 4: Related Laws
Define: "Medical Record" |
s data in any form that pertains to a patient's medical history, diagnosis, prognosis, or medical condition and that is generated and maintained by a health care provider in the process of the patient's health care treatment.
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Area 4: Related Laws
Define: "Patient" |
(10) "Patient" means either of the following:
(a) An individual who received health care treatment from a health care provider; (b) A guardian, as defined in section 1337.11 of the Revised Code, of an individual described in division (A)(10)(a) of this section. |
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a person to whom a patient has given written authorization to act on the patient's behalf regarding the patient's medical records,
a. If deceased - "patient's representative" means the executor or administrator of the pt's estate or the person responsible for the pt's estate if it is not to be probated. b. Does NOT include: an insurer authorized under Title XXXIX [39] of the Revised Code to do the business of sickness and accident insurance in this state or a health insuring corporation holding a certificate of authority under Chapter 1751. of the Revised Code. |
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Area 4: Related Laws
Access to Medical Record 1. Who has access to all, or part, of a copy of a client's medical record? 2. What must he/she/they do to obtain access to the medical record? a. What needs included in request? |
1. Patient or patient's representative
2. Submit to health care provider a written request signed by the patient dated w/in 60 days before the request a. include where the copy is to be sent (pt residence, physician, chiro, representative, or held by service provider) |
(B) A patient or patient's representative who wishes to examine or obtain a copy of
part or all of a medical record shall submit to the health care provider a written request signed by the patient dated not more than sixty days before the date on which it is submitted. The patient or patient's representative who wishes to obtain a copy of the record shall indicate in the request whether the copy is to be sent to the patient's residence, physician or chiropractor, or representative, or held for the patient at the office of the health care provider. |
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3. "Within a reasonable time" after receiving the request that meets the requirements
4. NO - "shall permit the pt to examine the record during regular business hours at NO CHARGE", or on request, shall provide a copy of the record (max fees for copies of records are set in Revised Code) |
Within a reasonable time after
receiving a request that meets the requirements of this division and includes sufficient information to identify the record requested, a health care provider that has the patient's medical records shall permit the patient to examine the record during regular business hours without charge or, on request, shall provide a copy of the record in accordance with section 3701.741 [3701.74.1] of the Revised Code, |
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5. The record can be provided to the physician or chiropractor designated by the patient |
if a physician or chiropractor who has treated the patient determines for clearly stated treatment reasons that disclosure of the requested record is likely to have an adverse effect on the patient, the health care provider shall provide the record to a physician or chiropractor designated by the patient. The health care
provider shall take reasonable steps to establish the identity of the person making the request to examine or obtain a copy of the patient's record. |
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7. Health provider is liable for a civil action to enforce the patient's right of access to the record |
(C) If a health care provider fails to furnish a medical record as required by division (B) of this section, the patient or patient's representative who requested the record may bring a civil action to enforce the patient's right of access to the record. |