Disabled drivers. Florida Statute 322.126(2) authorizes any physician, person, or agency having knowledge of any licensed driver’s or applicant’s mental or physical disability to drive or need to obtain or to wear a medical identification bracelet to report such knowledge to the Department of Highway Safety and Motor Vehicles. The report should be made in writing giving the full name, date of birth, address, and description of the alleged disability of any person over 15 years of age having mental or physical disorders that could affect their driving ability. Florida Statute 316.1933(2)(a)(1),(2) requires that, when any health care provider who is providing medical care in a health care facility to a person injured in a motor vehicle crash becomes aware, as a result of any blood test performed in the course of medical treatment, that the person’s blood-alcohol level meets or exceeds 0.08 grams of alcohol per 100 milliliters of blood (per s. 316.193[1][b]), the health care provider may notify any law enforcement officer or law enforcement agency. The notice must be given within a reasonable time after the health care provider receives the test result. The notice is limited to the name of the person being treated, the name of the person who drew the blood, the blood- alcohol level indicated by the test, and the date and time of the administration of the test. HIPAA AND THE USE OF LONG-DISTANCE TECHNOLOGY IN SERVICE DELIVERY In 2019, Florida approved a new statute, s. 456.47, to cover Driving under the influence and motor vehicle accidents.
benefits associated with technology-assisted services; (c) ensure the security of their communication medium; and (d) only commence electronic therapy or supervision after appropriate education, training, or supervised experience using the relevant technology. The AMHCA Code of Ethics (2020) provides the following directives related to the use of technology in counseling: I.B.6. The Use of Technology Supported Counseling and Communications (TSCC) . CMHCs recognize that technology has become culturally normative worldwide and may employ modern technology communications judiciously, attentive to both the benefits and risks to clients and to the therapeutic process of using technologies to arrange, deliver, or support counseling. The NASW Code of Ethics (2021), Principle 1.03, Informed Consent, states in subsections f and g: (f) Social workers who use technology to provide social work services should obtain informed consent from the individuals using these services during the initial screening or interview and prior to initiating services. Social workers should assess clients’ capacity to provide informed consent and, when using technology to communicate, verify the identity and location of clients. (g) Social workers who use technology to provide social work services should assess the clients’ suitability and capacity for electronic and remote services. Social workers should consider the clients’ intellectual, emotional, and physical ability to use technology to receive services and the clients’ ability to understand the potential benefits, risks, and limitations of such services. If clients do not wish to use services provided through technology, social workers should help them identify alternate methods of service. The NASW has posted online a telehealth consent form that includes an optional section on telehealth during a national emergency (NASW, 2020a). Per federal law 45 CFR Section 160.103, the social worker, as a covered entity under HIPAA, must comply with security measures that cover PHI that is stored or transmitted electronically. According to the Clinical Social Work Association (2008): Clinicians must be HIPAA-compliant BEFORE any patient information is sent electronically (by computer, computer fax, or telephone key pad). This means that clinicians have created their own privacy Policies and Procedures; their Notice of Privacy Practices; their Business Associate Agreement; designate[d] a Privacy Officer.
“telehealth,” which the statute defines as: The use of synchronous or asynchronous
telecommunications technology by a telehealth provider to provide health care services, including, but not limited to, assessment, diagnosis, consultation, treatment, and monitoring of a patient; transfer of medical data; patient and professional health-related education; public health services; and health administration. The term does not include audio-only telephone calls, email messages, or facsimile transmissions. According to the statute, social workers, marriage and family therapists, and mental health counselors (anyone covered by Chapter 491) are included in those who practice telehealth (Florida Senate, 2021). HIPAA Privacy Rules apply to the delivery of service to clients using electronic systems over distances when direct service with clients is difficult. This allows the practitioner to reach more clients without expending time for travel and to reach clients in rural or underserved areas. It has also been an important benefit for clients in a time when a pandemic has necessitated social distancing. Skype and Zoom are popular electronic systems widely used in the field of social work as well as for the delivery of medical and mental health services. The NASW has drawn some conclusions about the use of technology as it relates to HIPAA Privacy Rules, which must be followed in all states. The NASW, ASWB, AAMFT, and AMHCA codes of ethics address the use of electronic systems, and these documents should be studied in detail. A brief summary of the guidelines from these organizations is included for purposes of comparison. (It should be noted that, during the COVID-19 public health emergency, the HHS allowed some discretion in enforcing rules concerning the privacy and security of platforms used for electronic communication [HHS, 2021]). Standard VI of the American Association for Marriage and Family Therapy Code of Ethics (2015) addresses technology- assisted professional services: 6.1 Technology-assisted services. Prior to commencing therapy services through electronic means (including but not limited to phone and Internet), marriage and family therapists ensure that they are compliant with all relevant laws for the delivery of such services. Additionally, marriage and family therapists must: (a) determine that technology-assisted services or supervision are appropriate for clients or supervisees, considering professional, intellectual, emotional, and physical needs; (b) inform clients or supervisees of the potential risks and
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Book Code: SWFL1825
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