199 0 obj <> endobj xref 199 48 0000000016 00000 n A host of legal considerations relevant to tangential issues exist, but there is no doctrine, no protocol, and no treatise specific to aging physicians and their ability to provide quality medical care. (Not only those in failing health are subject to death or incapacity, as accidents or other unforeseen may occur). 0000006207 00000 n 0000006627 00000 n In sum, one should not look to the disability laws for support of generally applied age-triggered screening. State licensing bodies, already established with the infrastructure to review questions of professional competency and to respond to the particular conditions of their licensees by way of practice restrictions, mandated supplementary education and oversight requirements, are undoubtedly in the best position to undertake age-based screening. Wingman Cheung contributed to this report. 0000005819 00000 n Ethical considerations go further than pure clinical assessments and include all consequences of starting and/or withholding of cure and care. To the contrary, disability jurisprudence stands for the idea of case specific, individualized assessment. non-employed) medical staff members – including the implementation of age-based competency screening. As you plan for the future, ask the attorney about the following documents: If you cannot afford an attorney, legal forms can be accessed through resources including books and the Internet. The decisions a guardian may make include where a person may live, what care and medical treatment will be provided, and what religious and educational activities will be made available. 0000014317 00000 n If the screening is conducted in the employment context, the Health Insurance Portability and Accountability Act (HIPAA) will not afford protection to medical information obtained during the test because HIPAA does not protect employment records. 0000026497 00000 n As courts are extremely reticent to qualify medical staff members as anything other than independent contractors, the application of the discrimination laws to medical staff members is highly unlikely. © 2005 - 2019 WebMD LLC. 0000011903 00000 n He provides strategic guidance and corporate legal counsel to healthcare clients. 0000007294 00000 n 0000006515 00000 n In the 1889 case, Dent v. West Virginia, the Supreme Court stated: Few professions require more careful preparation by one who seeks to enter it than that of medicine…Reliance must by placed upon the assurance given by his license, issued by an authority competent to judge in that respect, that he possesses the requisite qualifications. 0000034071 00000 n 3 Things Every Massachusetts Podiatrist Should Know About the Proposed Amendments to Podiatry Regulations, How Recent Changes to the Fair Labor Standards Act’s “White Collar” Exemptions May Affect Your Small Business.