Orals Area 4: Ohio Laws Relevant To Practice Of Psychology

Front 1

Duty to report abuse of a child:

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No person ... who is acting in an official or professional capacity and knows or suspects that a child under 18 years of age or a mentally retarded, developmentally disabled, or physically impaired child under 21 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

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.

the person making the report shall make it to the entity specified

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Attorney or physician requirements to report abuse of a child:

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is not required to make a report concerning any communication from a client or patient in an attorney-client or physician-patient relationship if could not testify with respect to that communication in a civil or criminal preceeding, except that the client or patient is deemed to have waived any testimonial privilege with respect to that communication and the attorney or physician shall make a report pursuant ... with respect to that communication, if all of the following apply:

1. the client or patient, at the time of the communication, is either a child under 18 or a mentally retarded, developmentally disabled, or physically impaired person under 21

2. the attorney or physician knows or suspects, as a result of the communication or any observations made during that communication, that the client or patient 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 client or patient.

3. the attorney-client or physician-patient relationship does not arise out of the client's or patient's attempt to have an abortion without the notification of her parents, guardian, or custodian

Front 3

How to make a report of abuse of a child:

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any report 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 report shall contain:

1. the names and addresses of the child and the child's parents or the person or persons having custody of the child

2. The child's age and the nature and extent of the child's known or suspected injuries, abuse, or neglect or of the known or suspected threat of injury, abuse, or neglect, including any evidence of previous injuries, abuse, or neglect.

3. any other info that might be helpful in establishing the cause of the known or suspected injury, abuse, or neglect or of the known or suspected threat of injury, abuse or neglect.

Front 4

Abuse pictures?

Back 4

any person, who is required to report known or suspected child abuse or child neglect, may take or cause to be taken color photographs of areas of trauma visible on a child and, if medically indicated, cause to be performed radiological examinations of the child

Front 5

immunity: child abuse

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anyone or any hospital, institution, school, health department, or agency participating in the making of reports under division A and B, and anyone participating in good faith in a judicial proceeding resulting from the reports, shall be immune from any civil or criminal liability for injury, death, or loss to person or property that otherwise might be incurred or imposed as a result of the making of the reports or the participation in the judicial proceeding.

Front 6

Duty to Report Abuse, Neglect or Exploitation of Adult

What about it?

Back 6

1. lists everyone who must report.

2. any person having reasonable cause to believe that an adult has suffered abuse, neglect, or exploitation may report, or cause reports to be made of such belief to the department.

3. the reports made under this section shall be made orally or in writing except that oral reports shall be followed by a written report if a written report is requested by the department. Written reports shall include:
a. the name, address, and approximate age of the adult who is the subject of the report
b. the name and address of the individual responsible for the adult's care, if any individual is, and if the individual is known.
c. the nature and extent of the alleged abuse, neglect, or exploitation of the adult
d. the basis of the reporter's belief that the adult has been abused, neglected, or exploited.

4. 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 shall be immune from civil or criminal liability on account of such investigation, report, or testimony, except liability for perjury, unless the person has acted in bad faith or with malicious purpose.

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Mental Health Client or Patient:

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an individual who is receiving mental health services from a mental health professional or organization

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Mental Health 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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Mental Health Professional

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an individual who is licensed, certified, or registered, or otherwise authorized in this state to provide mental health services for compensation remuneration, or other personal gain.

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Knowledgeable Person

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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.

Front 11

When are you liable for duty to warn?

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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, 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. Next card...

Front 12

Actions to take when threat of violent behavior: (4)

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1. exercise any authority to hospitalize the client or patient on an emergency basis

2. exercise any authority to have the client or patient involuntarily or voluntarily hospitalized

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 thru 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 if 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 info:
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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Considerations when taking actions in response to violent behavior: (4)

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1. consider each of the alternatives set forth and shall document the reasons for choosing or rejecting each alternative

2. may give special consideration to those alternatives which, consistent with public safety , would least abridge the right of the mental health client or patient

3. 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. 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 info about a mental health client or patient that is disclosed for the purpose of taking any of the actions.

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Domestic Violence, Victim of, Documentation in Client Record

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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, shall note that knowledge or belief and the basis for it in the patient's or client's records

2. the doctor-patient privilege shall not be a ground for excluding any info regarding the report containing the knowledge or belief, and the info may be admitted as evidence

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Patient Confides that a Felony has been Committed

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1. no person, knowing that a felony has been or is being committed, shall knowingly fail to report such info to law enforcement authorities

2. Does not require disclosure of info when any of the following applies:
- the info is privileged by reason of the relationship between attorney and client; doctor and patient; licensed psychologist or licensed school psychologist and client; member of the clergy, rabbi, minister, or priest and nay person communicating info confidentially to the member of the clergy, rabbi, minister, or priest for a religious counseling purpose of a professional character; husband and wife; or a communications assistant and those who are a party to a telecommunications relay service call

4. No disclosure of info pursuant to this section gives rise to any liability or recrimination for a breach of privilege or confidence.

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Non-residential Parent Access to Child's Records

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1. 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 of this section is in contempt of court.

2. subsequent to the issuance of an order, 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 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 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 or with any order issued pursuant is in contempt of court.

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 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.

Front 17

Medical Record:

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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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Patient

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1. an individual who received health care treatment from a health care provider.

2. a guardian of an individual described

Front 19

Patient's Representative

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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, except that if the patient is deceased, "patient's representative" means the executor or administrator of the patient's estate or the person responsible for the patient's estate if it is not to be probated.

"Patient's Representative" does not include an insurer authorized to do the business of sickness and accident insurance in this state or a health insuring corporation holding a certificate of authority

Front 20

Patient or Representative may Request Access to Medical Record

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1. 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 60 days before the date on which it is submitted. The patient or patient's representative who wishes to obtain a coy 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. Within a reasonable time after receiving a request that meets the requirements of this division and includes sufficient info 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, except that 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.

2. if a health care provider fails to furnish a medical record as required, 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.