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Re: Question of ethics

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Answer:

YES (Assuming you received the report/info. via proper request channels... i.e.

patient request form).

NO (If you recv'd the report/information informally at a cocktail party or

somehow got it without paient's blessing).

>

> Members of the jury: At a docs meeting today a question came up for which

> we would appreciate some input. Here in Corvallis we have access to imaging

> done by the medical community. So if a pt has had an MRI at the hospital or

> plain films at one of the clinics we can view the radiologist's report and

> the films. As many of you may know it is very helpful to get this timely

> information.

>

>

>

> The situation is this: Let's say an orthopedist has ordered an MRI on a pt

> of mine. The pt is very anxious about the findings of the MRI but does not

> have an appointment with the orthopedist for another 10 days. If I have

> seen the MRI and know that the MRI was negative; is it ethical for me to

> share that information with the pt before they see the orthopedist so they

> don't worry and fret about it for the next 10 days?

>

>

>

> Thanks in advance for all your responses.

>

>

>

>

>

> Larry L. Oliver, DC

>

> 408 NW 7th

>

> Corvallis, OR

>

> 541-757-9933

>

> fax 541-757-7713

>

> www.heresco.com

>

>

>

> The information contained in this electronic message may contain protected

> health information which is confidential under applicable law and is

> intended only for the use of the individual or entity named above. If the

> recipient of the message is not the intended recipient, you are hereby

> notified that any dissemination, copying or disclosure of this communication

> is strictly prohibited. If you have received the communication in error,

> please notify Heresco Chiropractic & Associates, 408 NW 7th St, Corvallis,

> OR 97330, 541-757-9933 and purge the communication immediately without

> making any copy or distribution

>

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If your question is this: I am in the possession of protected health information of a patient of mine that I acquired lawfully and with the express consent of the patient. Answer: I would think it would almost always be ethical and proper for you to share protected health information concerning a patient with that patient--assuming doing so would not cause harm to the patient. I would relay just information that you accessed with the client's consent. I would not share diagnostic impressions, just because you'd run the risk of having a war with the actual referring doctor who might accuse you of practicing outside the scope of your license. If the MRI concerns matters within your scope of practice, then that would be different than if the MRI concerned whether or not the person had pancreatic cancer. As a matter of professional courtesy, I would let the orthopod know of the conveyance of the information to the patient, what information was conveyed, why it was conveyed, and I would expressly indicate that it was access and conveyed at the express request of the patient. I would also want to check to see who "owns" the MRI. If it's the orthopod who ordered the test, then you might be invading/trespassing upon that doctor's property (his records). But my question to you would be why would you want to do that?? If you ordered an MRI or a series on a patient, would you want the patient's dentist to be calling your patient with the results, just because the dentist was able to access the xrays you had ordered?? (Imagine the dentist is posting on the dental listserve: Here in Corvallis, we dentists have access to the imaging studies requested by the Chiropractic Community--my dental patient's chiropractor ordered a cervical xray and her appointment is not till next week, since I have access to her xrays here in Corvallis, I know her neck looks fine on the films, can I go ahead and convey that information to my dental patient, because she's really worried there might be something wrong with her neck. Are you independently reading the mri and interpreting it as negative, or are you simply reading and conveying the contents of the radiologists report that is available online to whomever has lawful access?

However, if your question is this: Because I'm here in Corvallis, we have a special deal with some of the radiology clinics whereby we can remotely access diagnostic images ordered by any doctor on any patient--we all just trust each other not to access or release patient information we are not legally authorized to access or release. Because I have this blanket access, a patient of mine told me he/she had an mri done at the request of Dr. Joan Q. Orthopedist, but that she wasn't going to get the results for 10 days. She wants them sooner. So can I go ahead and ethically access the images ordered by the orthopedist and share the results with the patient to calm her down. Answer: Whew! Tread carefully--both ethically and politically. What if it wasn't an MRI but a cardiogram? A colonoscopy? A uterine ultrasound? An HIV blood test? A dna paternity test? A UA? See where I'm going?? Why do you "here in Corvallis have access to imaging done by the medical community?"

G.

Gatti, Gatti, Maier, Sayer, Thayer, & Associates

1781 Liberty St. SE

Salem, OR 97302

1-(800) 289-3443

msmith@...

From: [mailto: ] On Behalf Of Larry OliverSent: Thursday, August 05, 2010 3:08 PMChiroListServeSubject: Question of ethics

Members of the jury: At a docs meeting today a question came up for which we would appreciate some input. Here in Corvallis we have access to imaging done by the medical community. So if a pt has had an MRI at the hospital or plain films at one of the clinics we can view the radiologist’s report and the films. As many of you may know it is very helpful to get this timely information.

The situation is this: Let’s say an orthopedist has ordered an MRI on a pt of mine. The pt is very anxious about the findings of the MRI but does not have an appointment with the orthopedist for another 10 days. If I have seen the MRI and know that the MRI was negative; is it ethical for me to share that information with the pt before they see the orthopedist so they don’t worry and fret about it for the next 10 days?

Thanks in advance for all your responses.

Larry L. Oliver, DC

408 NW 7th

Corvallis, OR

541-757-9933

fax 541-757-7713

www.heresco.com

The information contained in this electronic message may contain protected health information which is confidential under applicable law and is intended only for the use of the individual or entity named above. If the recipient of the message is not the intended recipient, you are hereby notified that any dissemination, copying or disclosure of this communication is strictly prohibited. If you have received the communication in error, please notify Heresco Chiropractic & Associates, 408 NW 7th St, Corvallis, OR 97330, 541-757-9933 and purge the communication immediately without making any copy or distribution

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Gotta love the attorneys

ph Medlin D.C.Spine Tree Chiropractic1607 NE Alberta StPDX, OR 97211503-788-6800

Question of ethics

Members of the jury: At a docs meeting today a question came up for which we would appreciate some input. Here in Corvallis we have access to imaging done by the medical community. So if a pt has had an MRI at the hospital or plain films at one of the clinics we can view the radiologist’s report and the films. As many of you may know it is very helpful to get this timely information.

The situation is this: Let’s say an orthopedist has ordered an MRI on a pt of mine. The pt is very anxious about the findings of the MRI but does not have an appointment with the orthopedist for another 10 days. If I have seen the MRI and know that the MRI was negative; is it ethical for me to share that information with the pt before they see the orthopedist so they don’t worry and fret about it for the next 10 days?

Thanks in advance for all your responses.

Larry L. Oliver, DC

408 NW 7th

Corvallis, OR

541-757-9933

fax 541-757-7713

www.heresco.com

The information contained in this electronic message may contain protected health information which is confidential under applicable law and is intended only for the use of the individual or entity named above. If the recipient of the message is not the intended recipient, you are hereby notified that any dissemination, copying or disclosure of this communication is strictly prohibited. If you have received the communication in error, please notify Heresco Chiropractic & Associates, 408 NW 7th St, Corvallis, OR 97330, 541-757-9933 and purge the communication immediately without making any copy or distribution

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, you need more hobbies ha! ha! ha!

Vern SAboe

From:

[mailto: ] On Behalf Of

Sent: Thursday, August 05, 2010 4:02 PM

Larry Oliver; ChiroListServe

Subject: RE: Question of ethics

If your question is this: I am in the possession of protected

health information of a patient of mine that I acquired lawfully and with the

express consent of the patient. Answer: I would think it would

almost always be ethical and proper for you to share protected health

information concerning a patient with that patient--assuming doing so would not

cause harm to the patient. I would relay just information that you

accessed with the client's consent. I would not share diagnostic

impressions, just because you'd run the risk of having a war with the actual

referring doctor who might accuse you of practicing outside the scope of your

license. If the MRI concerns matters within your scope of practice, then

that would be different than if the MRI concerned whether or not the person had

pancreatic cancer. As a matter of professional courtesy, I would let the

orthopod know of the conveyance of the information to the patient, what

information was conveyed, why it was conveyed, and I would expressly indicate

that it was access and conveyed at the express request of the patient. I

would also want to check to see who " owns " the MRI. If it's the

orthopod who ordered the test, then you might be invading/trespassing upon that

doctor's property (his records). But my question to you would be why

would you want to do that?? If you ordered an MRI or a series on a

patient, would you want the patient's dentist to be calling your patient with

the results, just because the dentist was able to access the xrays you had

ordered?? (Imagine the dentist is posting on the dental listserve:

Here in Corvallis, we dentists have access to the imaging studies requested by

the Chiropractic Community--my dental patient's chiropractor ordered a cervical

xray and her appointment is not till next week, since I have access to her

xrays here in Corvallis, I know her neck looks fine on the films, can I go

ahead and convey that information to my dental patient, because she's really

worried there might be something wrong with her neck. Are you

independently reading the mri and interpreting it as negative, or are you

simply reading and conveying the contents of the radiologists report that is available

online to whomever has lawful access?

However, if your question is this: Because I'm here in

Corvallis, we have a special deal with some of the radiology clinics whereby we

can remotely access diagnostic images ordered by any doctor on any patient--we

all just trust each other not to access or release patient information we

are not legally authorized to access or release. Because I have this

blanket access, a patient of mine told me he/she had an mri done at the request

of Dr. Joan Q. Orthopedist, but that she wasn't going to get the results for 10

days. She wants them sooner. So can I go ahead and ethically access

the images ordered by the orthopedist and share the results with the patient to

calm her down. Answer: Whew! Tread carefully--both ethically

and politically. What if it wasn't an MRI but a cardiogram? A

colonoscopy? A uterine ultrasound? An HIV blood test? A dna

paternity test? A UA? See where I'm going?? Why do you

" here in Corvallis have access to imaging done by the medical

community? "

G.

Gatti, Gatti, Maier, Sayer, Thayer,

& Associates

1781 Liberty St. SE

Salem, OR 97302

1-(800) 289-3443

msmith@...

From: [mailto: ]

On Behalf Of Larry Oliver

Sent: Thursday, August 05, 2010 3:08 PM

ChiroListServe

Subject: Question of ethics

Members

of the jury: At a docs meeting today a question came up for which we

would appreciate some input. Here in Corvallis we have access to imaging

done by the medical community. So if a pt has had an MRI at the hospital

or plain films at one of the clinics we can view the radiologist’s report and

the films. As many of you may know it is very helpful to get this timely

information.

The

situation is this: Let’s say an orthopedist has ordered an MRI on a

pt of mine. The pt is very anxious about the findings of the MRI but does

not have an appointment with the orthopedist for another 10 days. If I

have seen the MRI and know that the MRI was negative; is it ethical for me to

share that information with the pt before they see the orthopedist so they

don’t worry and fret about it for the next 10 days?

Thanks

in advance for all your responses.

Larry L. Oliver, DC

408 NW 7th

Corvallis, OR

541-757-9933

fax 541-757-7713

www.heresco.com

The information contained in this electronic message may

contain protected health information which is confidential under applicable law

and is intended only for the use of the individual or entity named above.

If the recipient of the message is not the intended recipient, you are hereby

notified that any dissemination, copying or disclosure of this communication is

strictly prohibited. If you have received the communication in error,

please notify Heresco Chiropractic & Associates, 408 NW 7th St, Corvallis,

OR 97330, 541-757-9933 and purge the communication immediately without

making any copy or distribution

No virus

found in this incoming message.

Checked by AVG - www.avg.com

Version: 8.5.441 / Virus Database: 271.1.1/3052 - Release Date: 08/05/10

06:35:00

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