Medico-legal Issues in Occupational Medicine

Slides:

View the September 7th Legal Issues OccMed Programs via Google Drive

View the September 7th Legal Issues OccMed Programs via Dropbox

Should occmed providers have access to the entire medical record?
How should this be disclosed or acknowledged by the patient/examinee?
Is removing THC from drug testing a good idea in these (legal and decriminalized) states (for non-DOT/regulated)?
What’s the difference between fully legal and de-criminalized states?
Can employers require employees to be vaccinated?
What if they refuse?
Can employers require Covid testing?
Does testing have to be for both vaccinated and unvaccinated or can it be only for those not providing documentation of vaccination?
How should those companies handle the 3rd booster, e.g. if only 2/3 shots were attained?

Video:

In the field of occupational medicine, healthcare professionals often find themselves grappling with various legal aspects that can impact their practice. From navigating worker’s compensation laws to understanding legal obligations related to medical records, it is crucial for healthcare professionals to stay informed and up-to-date. In this blog post, we will delve into some of the key medico-legal issues in occupational medicine and provide insights and recommendations to help healthcare practitioners navigate these complex challenges.

Legal Experts Weigh In:
To shed light on these medico-legal issues, we sought the expertise of Adam R. Makarowski and Robert E. Makarowski, partners of Ruskin and Makarowski, a law firm specializing in workers’ compensation and related areas of the law. Their insights provide valuable guidance on legal considerations found within the script provided.

Access to Medical Records:
One important consideration raised by Adam and Robert is whether ACMED providers should have access to the entire medical record. Both legal experts concur that ACMED providers should indeed have access to the complete medical history of individuals being evaluated. This access allows for a better understanding of the patient’s condition, coordination of medications, and informed decision-making. However, it is crucial to have explicit consent from the patient and establish clear guidelines to ensure that privacy and legal obligations are met.

Informed Consent and Disclosure:
The conversation also touched upon the topic of informed consent and disclosure. When obtaining consent from patients, it is crucial to clearly outline the purpose and extent of information that will be accessed and shared. Adam and Robert emphasize the importance of simplifying consent forms to enhance patient understanding and ensuring their wishes are respected. Additionally, they advise practitioners to refer employers to their attorneys for legal advice and not provide specific legal opinions themselves.

THC Testing in States Where Marijuana is Legalized:
The discussion further explored the issue of marijuana testing in states where its recreational or medicinal use has been legalized. It was noted that employers can decide whether to include THC testing in their drug panels, regardless of its legal status in the state. Healthcare providers should follow the employer’s guidelines and disclosure protocols, ensuring that relevant consent forms are completed by the patient, clearly outlining the scope of testing and disclosure.

COVID-19 Vaccination and Testing:
In light of the ongoing pandemic, the conversation shifted toward employers’ rights to require COVID-19 vaccinations and testing. Both Adam and Robert affirm that employers can mandate COVID-19 vaccinations for employees, with exceptions for religious or medical reasons. Similarly, employers have the authority to require testing, irrespective of vaccination status, as a means of ensuring workplace safety. It is crucial to stay updated on guidance from relevant public health authorities, such as the CDC, when implementing testing and vaccination protocols.

Best Practices and Documentation:
To mitigate potential legal risks, it is recommended that healthcare practitioners engage in open communication with employers and clearly outline the purpose, scope, and limitations of their services. Utilizing standardized templates and consent forms that are specific to the employer’s needs can promote transparency and help manage patient and employer expectations. However, it is important to remember that healthcare professionals should always defer to legal experts for advice on legal matters.

Medico-legal issues in occupational medicine require careful consideration and adherence to relevant regulations, guidelines, and individual state laws. This blog post has explored various aspects of medico-legal challenges, drawing insights from legal experts Adam R. Makarowski and Robert E. Makarowski. By staying informed, maintaining open communication, and seeking legal guidance when necessary, healthcare professionals can ensure they provide the best possible care while navigating the complexities of occupational medicine in a legally compliant manner.

Contact:

Adam R. Maciorowski | Attorney
RUSIN & MACIOROWSKI
10 S. Riverside Plaza, Suite 1925, Chicago, IL 60606
T (312) 454-5293 | F (312) 454-6166
amaciorowski@rusinlaw.com|www.rusinlaw.com

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