Legal Issues: Michigan case crucial on duty-to-warn issue

Legal Issues in Treating Pain and Addiction (DRAFT)

10.1093/med/9780190265366.003.0007 ◽

2018 ◽

Author(s):

Edwin A. Salsitz

Keyword(s):

Substance Use ◽

Substance Use Disorders ◽

Legal Issues ◽

Federal State ◽

Duty To Warn ◽

Reporting Requirements ◽

Federal Laws ◽

State And Local ◽

Federal Rule ◽

Laws And Regulations

Competent treatment of both pain and addiction requires an understanding of applicable federal, state, and local laws and regulations. Key requirements of federal laws and regulations are outlined in this chapter; the authors emphasize the need for an understanding of local and regional laws and precedents, which goes beyond the scope of the chapter, and a separate text box is provided with resources. Also provided is a text box analyzing 2017 changes to the federal Rule 42, CFR, relating to confidentiality and re-disclosure of information specific to treatment of substance use disorders. Areas of chapter focus include: HIPAA, confidentiality, general medical recordkeeping principles and obligations, federal audits (DATA 2000 and buprenorphine), medication storage, reporting requirements and the duty to warn, reports to employers, and the management of an office closure.

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Legal Issues in Medical Management of Violent and Threatening Patients

The Canadian Journal of Psychiatry ◽

10.1177/070674378603100816 ◽

1986 ◽

Vol 31 (8) ◽

pp. 772-780 ◽

Cited By ~ 4

Author(s):

Bernard M. Dickens

Keyword(s):

Medical Management ◽

Legal Issues ◽

Patient Relationship ◽

Duty To Warn ◽

Legal Duty

The responsibility of professionals in the medical management of violent and threatening patients is discussed using the Tarasoff case (American) and the Lawson case (Canadian) as landmark cases influencing subsequent jurisprudence. It is becoming increasingly important to be aware of the court's interpretations in such areas as confidentiality, predictions regarding dangerousness, the duty to warn, and the legal duty to strangers to the therapist/patient relationship. A number of other issues relating to the risks involved in management of patients potentially dangerous as a result of the use of drugs are also discussed.

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