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    kitkatkk's Avatar
    kitkatkk Posts: 2, Reputation: 1
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    #1

    Nov 20, 2012, 07:24 AM
    Can anything be done?
    I work for a behavioral center and the owner has no clinical background nor any type of license. The owner is constantly in the nurses office when trying to get information from patients to room with physc doc, he talks to patients with regard to medications, again he has not one certification, he tries to diagnose patients and stands in the room looking at pt paperwork. He solicits a medical doctor who joined the practice and lets him prescribe physc meds even though we have a physc doctor in the building. Is this a hipaa violation with him being the owner of the company??
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Nov 20, 2012, 07:58 AM
    I don't think this has anything to do with HIPAA. If she is the owner of the company, then it sounds like she is making sure everything is running properly. I don't think you, as an employee, have any right to judge how she is handling they day to day activities.
    kitkatkk's Avatar
    kitkatkk Posts: 2, Reputation: 1
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    #3

    Nov 20, 2012, 08:25 AM
    Its not judging by far. But, I guess in some degrees that is correct it may not be considered a hippa violation.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Nov 21, 2012, 08:52 AM
    HIPAA says nothing about what credentials the owner of a company providing covered medical services must have. The medical professionals who work for the establishment may, however, be governed by state-enacted professional rules which might pertain to the situation. It may be, for example, that a company owned by a non-professional is limited with respect to what, if any, medical service it may provide.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #5

    Nov 21, 2012, 09:26 AM
    It sounds as though this person may be trying to practice medicine without a license?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Nov 21, 2012, 09:47 AM
    That too, although I don't quite undertand this part:

    "He solicits a medical doctor who joined the practice and lets him prescribe physc meds even tho we have a physc doctor in the building."

    A medical doctor can prescribe all sorts of medication, including presumably "physc meds". It would be clearly improper for the physician to let the owner dictate what to prescribe or what not to prescribe.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
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    #7

    Nov 21, 2012, 09:52 AM
    I'm confused. Is the owner, who doesn't have a medical license, trying to diagnose and prescribe? If so, and you are in the US, this is practising medicine without a license and is a felony.

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