Share Link This federal court case involving unlicensed health care practice sheds light on some CAM testing methods. Many of these testing methods lie in a legal gray zone, and our law offices advises physicians and others incorporating novel CAM diagnostic methods.
Reamer, PhD October Ethical challenges in social work come in all shapes and sizes. Some involve clinical issues pertaining to confidentiality exceptions and dual relationships.
Others involve management and policy decisions about allocating scarce resources. Many ethical issues—although certainly not all—require some knowledge of the law. When I am asked to consult on complex ethics cases, I am often asked what laws may be relevant. Thoughtful answers regarding these issues require considerable knowledge about laws that come in different forms.
In the United States, three branches of government create laws: Statutory laws, regulatory laws, case laws, the U. Constitution, and executive orders often have profound implications when social workers make ethical decisions. Statutory Law Many federal statutes enacted by Congress and state statutes enacted by legislatures affect social workers.
Imagine a social worker who provides counseling services to a year-old client struggling with clinical depression. During one clinical session, the teen discloses that he has been abusing drugs, including cocaine and crystal methamphetamine.
The client pleads with the social worker to help him with his emerging drug addiction but refuses to permit the social worker to tell his parents about his drug problems. Social workers who make ethical decisions in such situations without knowledge or consultation of relevant law do so at their own peril.
Regulatory Law Social work practice also is governed by many regulations promulgated by federal and state government agencies, such as the U.
Department of Health and Human Services and state human service, child welfare, and mental health agencies.
Under our system of law, federal and state agencies have the authority to establish enforceable regulations. Public agencies must follow strict procedures when they create regulations e. Once enacted, federal and state regulations have the force of law.
The detective asks the social worker whether she has seen her client recently. Case Law Courts create many laws relevant to social work in the context of litigation and judicial rulings.
For example, a judge may need to interpret the meaning or application of existing law, resolve conflicts between laws, or fill gaps in existing laws. Such rulings by appellate courts become legal precedent or case law.View the step-by-step solution to: Find an article or a current legal case involving a critical regulatory issue in health care for discussion in class.
Nurse-doctor communication is such a problem that the Joint Commission on the Accreditation of Healthcare Organizations requires all hospitals to create policies and procedures to improve nursing communication of critical lab values -- We focus on medical malpractice cases.
Covered Entity: Health Care Provider / General Hospital Issue: Impermissible Disclosure A nurse and an orderly at a state hospital discussed the HIV/AIDS status of a patient and the patient's spouse within earshot of other patients without making reasonable efforts to prevent the disclosure.
26 Because physicians know the most about patients’ clinical needs and financial resources and also have the greatest control over where care is rendered, these issues are likely to arise in cases involving hospital–physician relations. For example, critics argue that specialty hospitals are simply the latest scheme of cherry-picking high-end .
The Affordable Care Act of (ACA) brought continued substantial changes to the health care system. For Congress and Trump administration took limited steps toward repealing, replacing or revising the law.
issue ECOs and TDOs if these criteria are met, rather than the previous “may” issue.
Finally, the Legal and Ethical Challenges in Mental Health Law: A Primer for Virginia Lawyers by Molly A. Huffman need of critical psychiatric care. This poses many ethical and legal problems for hospitals. On the.