Sexual battery. Two Florida Statutes cover reporting of a crime of sexual battery: ○ Florida statute 794.027 requires that any person who observes the commission of a crime of sexual battery must immediately report such offense to a law enforcement officer. ○ Florida’s School Law (s. 1012.799) mandates that instructional personnel or administrative personnel having knowledge that a sexual battery has been committed by a student upon another student must report the offense to a law enforcement agency having jurisdiction over the school or over the place where the sexual battery occurred, if not on the grounds of the school. This mandate covers the social worker regardless of whether the school or an outside agency employs them. Deaths. Florida statute 39.201(6) requires that any person who has reasonable cause to suspect that a child died as a result of child abuse, abandonment, or neglect report his or her suspicion to the appropriate medical examiner. Florida statutes 406.11 and 406.12 require that any person in the district where a death occurs who becomes aware of the death of any person in the state occurring under the following circumstances, report such death and circumstances to the district medical examiner: ○ As a result of criminal violence. ○ By accident. ○ By suicide. ○ Suddenly, when in apparent good health. ○ Unattended by a practicing physician or other recognized practitioner. ○ In any prison or penal institution. ○ In police custody. ○ In any suspicious or unusual circumstance. ○ By criminal abortion. ○ By poison. ○ By disease constituting a threat to public health. ○ By disease, injury, or toxic agent resulting from employment. Public health surveillance. Florida Statutes mandate reporting of the following diseases and injuries to the Florida Department of Health: ○ Sexually transmissible diseases or HIV/AIDS (s. 384.25). ○ Tuberculosis (s. 392.53). ○ Cancer (s. 385.202). ○ Adverse incidents involving medical treatment (ss. 458.351 and 459.026). Workers’ compensation. Florida Statute 440.13(4)(c) mandates that, upon the request of the employer; the carrier; an authorized, qualified rehabilitation provider; or the attorney for the employer or carrier, the medical records of an injured employee be furnished to those persons and the medical condition of the injured employee be discussed with those persons, if the records and the discussions are restricted to conditions relating to the workplace injury. Disclosures to law enforcement. Florida Statute 456.057(7)(a)(3) directs that medical records be furnished in any case or criminal action, unless otherwise prohibited by law, upon the issuance of a subpoena from a court of competent jurisdiction, provided proper notice is given to the patient or the patient’s legal representative by the party seeking such records.
Signed consent forms for authorizing the release of medical records do not cover psychotherapy or case notes unless the document specifically includes them in the consent form. These notes must be stored separately from the client’s records, and it is the decision of the social worker whether to keep and store the notes (Wertheimer, 2016). Even now that Florida law has been revised to make the duty to warn more clear, the following guidelines may be helpful. Reamer (2003) outlines 10 steps that may be followed when a social worker has reason to believe that a client poses a threat to another party: 1. Consult an attorney who is familiar with state law on the duty to warn or protect third parties. 2.
Consider asking the client to warn the victim (unless the social worker believes this contact would only increase the risk). Seek the client’s consent for the social worker to warn a potential victim. Disclose only the minimum amount necessary to protect the potential victim and the public. Encourage the client to agree to a joint session with the potential victim to discuss the issues surrounding the threat (unless this might increase the risk). Encourage the client to surrender any weapons they may have. Increase the frequency of therapeutic sessions and other forms of monitoring. Be available or have a backup clinician available, at least by telephone.
3.
4.
5.
6.
7.
8.
9. Refer the client to a psychiatrist if medication might be appropriate and helpful or if a psychiatric evaluation appears to be warranted. 10. Consider hospitalization, preferably voluntary, if appropriate. When making decisions about disclosure of PHI, HIPAA and the Florida Statutes must be reviewed. The HIPAA Privacy Rule provides an extensive list of permitted disclosures. However, where Florida State Statutes provide greater privacy protections or privacy rights with respect to patients’ PHI, state laws will apply, overriding HIPAA (HealthIT.gov, 2017). The Florida Statutes and HIPAA are in agreement with the mandatory requirement to disclose the following information: Gunshot wounds and life-threatening injuries. Florida statute 790.24 requires that a physician, nurse, or employee of a hospital, sanitarium, clinic, or nursing home knowingly treating or receiving a request for such treatment report the situation immediately to the sheriff’s department of the county in which the treatment is administered or the request is received. Suspected child abuse. Florida statute 39.201(1) requires that any person, including a health care provider, who knows or has reasonable cause to suspect child abuse, abandonment, or neglect by a parent, legal custodian, caregiver, or other person responsible for the child’s welfare report such knowledge or suspicion to the central abuse hotline. Vulnerable adult abuse. Florida statute 415.1034 requires that any mandated reporter (including “bank, savings and loan, or credit union officer, trustee, or employee” and “dealer, investment adviser, or associated person”) who knows or has reasonable cause to suspect the abuse, neglect, or exploitation of vulnerable adults immediately report such knowledge to the central abuse hotline.
EliteLearning.com/Social-Work
Book Code: SWFL1825
Page 59
Powered by FlippingBook