Ohio Psychology Oral Jurisprudence Exam - Area 4

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Area 4: Related Laws

Duty to Report Child Abuse

When should one report child abuse or neglect?

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(A) (1) 1. If acting in an "official or professional capacity"
2. Know or suspect a child <18 yrs old, or a mentally retarded, developmentally disabled, or physically impaired child <21 yrs old has suffered or faces threat of suffering any physical or mental wound, injury, disability, or condition of a nature that "reasonably" indicates abuse or neglect
3. Report IMMEDIATELY to
- public children services agency or municipal county peace officer in the county in which the child resides or where the abuse/neglect has occurred or is occurring

Hint 1

(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
it to the entity specified in that section.

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Area 4: Related Laws
Duty to Report Child Abuse

Who does the duty to report child abuse or neglect apply to?

Back 2

- 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

Hint 2

(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
marriage and family therapist or marriage and family therapist; speech pathologist or audiologist; coroner; admin or employee of a child day-care center; admin or employee of a residential camp or child day camp; administrator or
employee of a certified child care agency or other public or private children services
agency; school teacher; school employee; school authority; person engaged in social
work or the practice of professional counseling; agent of a county humane society;
person rendering spiritual treatment through prayer in accordance with the tenets of
a well-recognized religion; superintendent, board member, or employee of a county board of mental retardation; investigative agent contracted with by a county board of mental retardation; or employee of the department of mental retardation and developmental disabilities.

Front 3

Area 4: Related Laws
Duty to Report Child Abuse

When is an attorney or physician NOT required to make a report of child abuse or neglect?

Back 3

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:
1. client (at time of communication) is <18yrs old or <21 if mentally retarded, disabled or physically impaired
2. if knows or suspects that the client has suffered, or faces threat of suffering physical/mental wound, injury, disability, or condition that indicates abuse/neglect
3. rel. does NOT arise out of client's attempts to have an abortion w/o the notification of her parents/guardian/custodian

Hint 3

(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
Revised Code, the attorney or physician could not testify with respect to that communication in a civil or criminal proceeding, except that the client or patient is deemed to have waived any testimonial privilege under division (A) or (B) of section
2317.02 of the Revised Code with respect to that communication and the attorney or physician shall make a report pursuant to division (A)(1) of this section with respect to that communication, if all of the following apply:
(a) The client or patient, at the time of the communication, is either a child under eighteen years of age or a mentally retarded, developmentally disabled, or physically impaired person under twenty-one years of age.
(b) 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.
(c) 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 in accordance with section 2151.85 of the Revised
Code…

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Area 4: Related Laws
Duty to Report Child Abuse

1. How should a report of child abuse or neglect be made?

2. What information should be included?

Back 4

1. Report "forthwith" by phone or in-person, followed by written report if requested by agency/officer
2. a. names and addresses of the child and child's parents (or person(s) w/ custody)
b. Child's age and nature and extent of child's known or suspected injuries, abuse, or neglect or known or suspected threat of injury, abuse, or neglect including any evidence of previous injuries, abuse, or neglect
c. any information that might be helpful in establishing the cause of the known or suspected injury, abuse, or neglect or threat of these

** Can also take or "cause to be taken" color photographs of areas of trauma and, if medically indicated, radiological examinations of child

Hint 4

(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:
(1) The names and addresses of the child and the child's parents or the person or persons having custody of the child, if known;
(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 information 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.

Any person, who is required by division (A) of this section 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.

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Area 4: Related Laws
Duty to Report Child Abuse

If you report suspected or known child abuse or neglect, are you at risk for any civil or criminal liability?

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NO

Anyone required to report (including the hospital, institution, school, health dept., or agency) making a report or participating in the judicial proceedings subsequent to a report in "good faith" is immune from any liability for injury, death, or loss to person or property that might be incurred or imposed as a result of making the reports or participating in judicial proceedings

Hint 5

(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
of reports under division (A) of this section, anyone or any hospital, institution, school, health department, or agency participating in good faith in the making of reports under division (B) of this section, 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.

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Area 4: Related Laws
Duty to Report Abuse Neglect or Exploitation of an ADULT

When is one required to report abuse, neglect, or exploitation of an adult?

- Does NOT apply to...

Back 6

1. If required reporter and...
2. "Reasonable cause" to believe an adult is being abused, neglected, or exploited or is in a condition which is the result of such
3. Immediately REPORT to county department of job and family services

- Doesn't apply to employees of hospital (hospital or inpatient unit licensed by dept. of mental health and addition services) or public hospital (facility that is tax-support and under jurisdiction of dept. of mental health and addition services)

Hint 6

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.

This section does not apply to employees of any hospital or public hospital as defined
in section 5122.01 of the Revised Code.

(B) 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.

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Area 4: Related Laws
Duty to Report Abuse Neglect or Exploitation of an Adult

Who is required to report abuse, neglect, or exploitation of an adult?

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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

Hint 7

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
an adult care facility as defined in section 3722.01 of the Revised Code, any employee of a community alternative home as defined in section 3724.01 of the
Revised Code, any employee of a nursing home, residential care facility, or home for the aging, as defined in section 3721.01 of the Revised Code, any senior service
provider, any peace officer, coroner, clergyman, any employee of a community
mental health facility, and any person engaged in social work or counseling

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Area 4: Related Laws

Duty to Report Abuse Neglect or Exploitation of an Adult

1. How should one report abuse, neglect, or exploitation of an adult?
2. What information should be included? (4)

Back 8

1. Orally, or in writing if requested
2. Written reports should include:
a. Name, address, and approximate age of adult
b. Name & address of individual responsible for the adult's care, if any & if this individual is known.
c. Nature and extent of alleged abuse, neglect, or exploitation
d. Basis of reporter's belief that adult has been abused, neglected, or exploited

Hint 8

(C) 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:
(1) The 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 any
individual is, and if the individual is known;
(3) The nature and extent of the alleged abuse, neglect, or exploitation of the adult;
(4) The basis of the reporter's belief that the adult has been abused, neglected, or
exploited.

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Area 4: Related Laws

Duty to Report Abuse Neglect or Exploitation of an Adult

If you report suspected or known abuse, neglect, or exploitation of an adult, are you at risk for any civil or criminal liability?

Back 9

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)

Hint 9

(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
perjury, unless the person has acted in bad faith or with malicious purpose.

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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

Immunity of Mental Health Professional or Organization as to Violent Behavior by the Client or Patient

Define: "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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Area 4: Related Laws
Immunity of Mental Health Professional or Organization as to Violent Behavior by the Client or Patient

Define: "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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Area 4: Related Laws
Immunity of Mental Health Professional or Organization as to Violent Behavior by the Client or Patient

Define: "Mental health professional"

Back 13

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

Define: "knowledgeable person"

Back 14

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

If a person is threatening harm to a "readily identifiable structure" is there a "clearly identifiable potential victim"?

Back 15

YES,

The "clearly identifiable potential victim" includes any potential occupant of the structure

Hint 15

(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.

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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

When can a mental health professional or organization be held liable (in damages in a civil action) or subject to disciplinary action by an entity with licensing or regulatory authority over the profession for serious physical harm/death for failing to predict, warn, or take precautions to provide protections from violent beh. of a mental health client/patient?

Back 16

ONLY if...
1. Client or a knowledgeable person has communicated to professional or org. an explicit threat of imminent, serious physical harm to or death of one or more clearly identifiable victims
AND 2. Professional or org. has reason to believe client has ABILITY & INTENT to carry out threat
AND 3. Professional or org. FAILS to take one or more actions in a TIMELY manner

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Area 4: Related Laws

What action(s) should a professional or org. take if informed of a threat to others AND believes the client has ability and intent to carry out threat?

Back 17

a. Hospitalize on an emergency basis
b. Voluntarily or involuntarily hospitalize
c. Establish and undertake tx plan that is "reasonably calculated," "appropriate standards of prof. practice, to eliminate possibility that client will carry out threat & also make arrangements for 2nd opinion risk assessment thru a management consultation about tx plan (w/ clinical director or if not part of an org. any licensed mental health professional)
d. Contact law enforcement agency w/ jurisdiction, AND "if feasible" contact each potential victim or victim's parent (w/ info re: nature of threat, identity of client making the threat, identity of each potential victim)

Hint 17

(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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Area 4: Related Laws

If a psychologist takes one or more of the actions required if there is a threat of violent behavior by a client...

1. How should one make the decision of what to do? (3)

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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

Hint 18

(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?

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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.

Hint 19

(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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Area 4: Related Laws

If you are aware, or have "reasonable cause to believe," that a client is a victim of domestic violence, what should you do?

Back 20

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)

Hint 20

(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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Area 4: Related Laws

Who is required to document domestic violence in a client's records?

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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

What should you do if a client discloses that he/she has committed a felony?

Back 22

1. Report it to law enforcement authorities (if you know that a felony has been, or is being, committed)

UNLESS ANY of the following:
- the information is privileged (e.g. attorney, doctor, licensed psychologist/school, clergy, member of clergy or any person communicating information confidentially to the member of clergy for a religious counseling purpose, husband/wife, or a communications assistant and those who are party to a telecommunications relay service call
- NOT liable for a breach of confidentiality or confidence if information re: felony is disclosed

Hint 22

(A) No person, knowing that a felony has been or is being committed, shall knowingly fail to report such information to law enforcement authorities.
(G) Divisions (A) and (D) of this section do not require disclosure of information, when any of the following applies:
(1) The information 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 any person communicating information 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.
(H) No disclosure of information pursuant to this section gives rise to any liability or recrimination for a breach of privilege or confidence.

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Area 4: Related Laws

Is a non-residential parent entitled to access to a child's records?

Back 23

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!)

Hint 23

(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?

Back 24

- 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)

Hint 24

(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?

Back 25

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

Hint 25

(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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Define: "Medical Record"

Back 26

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"

Back 27

(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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Define: "Patient's representative"
a. If deceased - who is the "patient's representative"?
b. What does the definition NOT include as a "patient's representative"?

Back 28

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?

Back 29

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)

Hint 29

(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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Area 4: Related Laws

Access to Medical Record

3. How quickly should a psychologist respond to a request to examine or obtain a copy of one's medical record?
4. Can a psychologist charge a client who wishes to review his/her record on site/in person?

Back 30

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)

Hint 30

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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Access to Medical Record

5. What if it is deemed that disclosure of the record is "likely to have an adverse effect on the patient"?
a. Who determines this (who's explicitly stated anyway)?
6. What is expected of the psychologist to ensure that records are only released to those who should have access to them?

Back 31

5. The record can be provided to the physician or chiropractor designated by the patient
a. physician or chiropractor - must include "clearly stated tx reasons" why the disclosure is likely to have an adverse effect
6. "take reasonable steps to establish the identify of the person making the request to examine or obtain a copy of the patient's record"

Hint 31

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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Area 4: Related Laws

Access to Medical Record

7. What if a health provider fails to furnish a medical record as required?

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7. Health provider is liable for a civil action to enforce the patient's right of access to the record

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(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.