Welcome to the Nexus of Ethics, Psychology, Morality, Philosophy and Health Care

Welcome to the nexus of ethics, psychology, morality, technology, health care, and philosophy
Showing posts with label Professional Obligation. Show all posts
Showing posts with label Professional Obligation. Show all posts

Tuesday, March 8, 2022

"Without Her Consent" Harvard Allegedly Obtained Title IX Complainant’s Outside Psychotherapy Records, Absent Her Permission

Colleen Flaherty
Inside Higher Ed
Originally published 10 FEB 22

Here are two excerpts:

Harvard provided background information about how its dispute resolution office works, saying that it doesn’t contact a party’s medical care provider except when a party has indicated that the provider has relevant information that the party wants the office to consider. In that case, the office receives information from the care provider only with the party’s consent.

Multiple legal experts said Wednesday that this is the established protocol across higher education.

Asked for more details about what happened, Kilburn’s lawyer, Carolin Guentert, said that Kilburn’s therapist is a private provider unaffiliated with Harvard, and “we understand that ODR contacted Ms. Kilburn’s therapist and obtained the psychotherapy notes from her sessions with Ms. Kilburn, without first seeking Ms. Kilburn’s written consent as required under HIPAA,” the Health Insurance Portability and Accountability Act of 1996, which governs patient privacy.

Asked if Kilburn ever signed a privacy waiver with her therapist that would have granted the university access to her records, Guentert said Kilburn “has no recollection of signing such a waiver, nor has Harvard provided one to us.”

(cut)

Even more seriously, these experts said that Harvard would have had no right to obtain Kilburn’s mental health records from a third-party provider without her consent.

Andra J. Hutchins, a Massachusetts-based attorney who specializes in education law, said that therapy records are protected by psychotherapist-patient privilege (something akin to attorney-client privilege).

“Unless the school has an agreement with and a release from the student to provide access to those records or speak to the student’s therapist—which can be the case if a student is placed on involuntary leave due to a mental health issue—there should be no reason that a school would be able to obtain a student’s psychotherapy records,” she said.

As far as investigations under Title IX (the federal law against gender-based discrimination in education) go, questions from the investigator seeking information about the student’s psychological records aren’t permitted unless the student has given written consent, Hutchins added. “Schools have to follow state and federal health-care privacy laws throughout the Title IX process. I can’t speculate as to how or why these records were released.”

Daniel Carter, president of Safety Advisors for Educational Campuses, said that “it is absolutely illegal and improper for an institution of higher education to obtain one of their students’ private therapy records from a third party. There’s no circumstance under which that is permissible without their consent.”

Sunday, August 8, 2021

Spreading False Vax Info Might Cost You Your Medical License

Ryan Basen
Medpagetoday.com
Originally posted 3 Aug 21

Physicians who intentionally spread misinformation or disinformation about the COVID-19 vaccines could be disciplined by state medical boards and may have their licenses suspended or taken away, said the Federation of State Medical Boards (FSMB).

Due "to a dramatic increase in the dissemination of COVID-19 vaccine misinformation and disinformation by physicians and other health care professionals on social media platforms, online and in the media," the FSMB, a national nonprofit representing medical boards that license and discipline allopathic and osteopathic physicians, issued the following statement:
Physicians who willfully generate and spread COVID-19 vaccine misinformation or disinformation are risking disciplinary action by state medical boards, including the suspension or revocation of their medical license. Due to their specialized knowledge and training, licensed physicians possess a high degree of public trust and therefore have a powerful platform in society, whether they recognize it or not. They also have an ethical and professional responsibility to practice medicine in the best interests of their patients and must share information that is factual, scientifically grounded and consensus driven for the betterment of public health. Spreading inaccurate COVID-19 vaccine information contradicts that responsibility, threatens to further erode public trust in the medical profession and puts all patients at risk.

The FSMB is aiming to remind physicians that words matter, that they have a platform, and that misinformation and disinformation -- especially within the context of the pandemic -- can cause harm, said president and CEO Humayun Chaudhry, DO. "I hope that physicians and other licensees get the message," he added.

The info is here.

Monday, December 21, 2020

Physicians' Ethics Change With Societal Trends

Batya S. Yasgur
MedScape.com
Originally posted 23 Nov 20

Here is an excerpt:

Are Romantic Relationships With Patients Always Off Limits?

Medscape asked physicians whether it was acceptable to become romantically or sexually involved with a patient. Compared to 2010, in 2020, many more respondents were comfortable with having a relationship with a former patient after 6 months had elapsed. In 2020, 2% said they were comfortable having a romance with a current patient; 26% were comfortable being romantic with a person who had stopped being a patient 6 months earlier, but 62% said flat-out 'no' to the concept. In 2010, 83% said "no" to the idea of dating a patient; fewer than 1% agreed that dating a current patient was acceptable, and 12% said it was okay after 6 months.

Some respondents felt strongly that romantic or sexual involvement is always off limits, even months or years after the physician is no longer treating the patient. "Once a patient, always a patient," wrote a psychiatrist.

On the other hand, many respondents thought being a "patient" was not a lifelong status. An orthopedic surgeon wrote, "After 6 months, they are no longer your patient." Several respondents said involvement was okay if the physician stopped treating the patient and referred the patient to another provider. Others recommended a longer wait time.

"Although most doctors have traditionally kept their personal and professional lives separate, they are no longer as bothered by bending of boundaries and have found a zone of acceptability in the 6-month waiting period," Goodman said.

Packer added that the "greater relaxation of sexual standards and boundaries in general" might have had a bearing on survey responses because "doctors are part of those changing societal norms."

Evans suggested that the rise of individualism and autonomy partially accounts for the changing attitudes toward physician-patient (or former patient) relationships. "Being prohibited from having a relationship with a patient or former patient is increasingly being seen as an infringement on civil liberties and autonomy, which is a major theme these days."