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162031 AAPL News September 2015_rev6.qxp_September 2015 10/30/15 4:57 PM Page 1 AAPL Newsletter American Academy of Psychiatry and the Law September 2015 • Vol. 40, No. 3 American Medical Association 2015 selves or members of their own fami- lies. However, it may be acceptable Annual Meeting Highlights to do so in limited circumstances in Barry Wall, MD, Delegate, Ryan Hall, MD, Alternate Delegate, Jennifer emergency settings … oMr faoyr short- Piel, MD, J.D. Young Physician Delegate term, minor problems.” was proposed to be defined as an action is ethically permissible when qualifying conditions are met. Thmeaeyxample given for the usage of was “Physicians may disclose personal health information without the specific consent of the patient to other health care personnel for purposes of providing care or for health care operations.” Although these changes were proposed, there was still concern regarding word usage in the code as well as the process by which the code was being presented to the House of Delegates. Until the mod- ernized code is approved, the current existing AMA code of medical ethics The American Medical Associa- content and the presentation format is still in effect. tion’s (AMA) June 2015 Annual of the medical code of ethics more Among other general highlights, Meeting in Chicago focused on poli- appropriate for 21st-century medi- AMA delegates passed resolutions cy, medical education, health initia- cine. Major revisions proposed at limiting non-medical exemptions for tives, and elections for leadership this meeting were to further define childhood vaccines; advancing mili- positions. Dr. Steven Stack, an emer- terms such as “must,” “should,” and tary medical policies for transgender gency medicine physician from Ken- “may” to make it more evident what individuals (a resolution by a psychi- tucky, was installed as President and discretion physicians have when deal- atrist from the Gay and Lesbian Med- Dr. Andy Gurman, a private practice ing with ethics situations and to ical Association), supporting a two- orthopedic hand surgeon from Penn- address medico-legal concernsmwuistht year grace period for implementation sylvania, was elected President-Elect. these terms. Use of the word “ ” of ICD 10 for purposes of CPT cod- Dr. Patrice Harris, a child and foren- was proposed to indicate that an ing, supporting study by AMA on sic psychiatrist, who is a member of action is ethically required and physi- means to prevent violent acts against AAPL, was re-elected to her second cians cannot use individual judgment health care providers; and a call for term on the AMA Board of Trustees or discretion. The example provided more transparency and education sur- (BOT), where she currently serves in in the report was “Physicians who rounding Maintenance of Certifica- the position of BOT Secretary and testify as fact witnesses in legal tion. In addition, the BOT issued a will soon become the BOT’s Chair. claimSshmouuldst deliver honest testimo- report regarding background checks The AMA Council on Ethical and ny.” was proposed to indicate for firearm purchases, which refer- Judicial Affairs (CEJA) presented an action or obligation that is strong- enced and closely mirrored the Amer- reports on Ethical Practice in ly recommended as a matter of pro- ican Psychiatric Association policy. Telemedicine and Prescribing and fessional ethics, but which may have However, there was debate on the Dispensing Prescription Medication some exceptions such as special cir- floor as to whether the policy would Samples. Both reports were referred cumstances or consideratiosnhso.uTldhe require background checks for all back for additional modifications. examples for the usage of purchases and transfers or only for CEJA also presented its second offi- were “Physicians should routinely purchases (e.g. may be limited times cial revised version for the modern- inquire about physical, sexual, and where transfers for safety such as ization of the medical code of ethics. psychological abuse as part of the with a suicidal patient should not be Code modernization, which started in medical history,” and “In general, delayed). The report was referred 2008, is supposed to make both the physicians should not treat them- (continued on page 2) American Academy of Psychiatry and the Law Newsletter September 2015 • 1 162031 AAPL News September 2015_rev6.qxp_September 2015 10/30/15 4:57 PM Page 2 American COVER STORY Academy of Psychiatry American Medical raised by a delegate not related to and the Law Association AAPL is that social media is becom- continued from page 1 ing more prevalent in forensic work in general, as well as in clinical work, Editor as a way to reduce waste, fraud, or back to the BOT for more study. abuse. It was the contention of that Charles Dike, MD, MPH, FRCPsych Resolutions which had specific delegate that if CEJA does issue an Associate Editors forensic psychiatric themes included; opinion on use of social media Mental Health Crisis Interventions Philip Candilis, MD regarding patients, CEJA needs to resolution, Maintaining Mental Steven H. Berger, MD keeps in mind the potential benefit to Health Services by States resolution, Susan Hatters Friedman, MD society from physicians’ use of social and Prevention of Unnecessary Hos- media, as well as the potential harm Neil S. Kaye, MD pitalization and Jail Confinement of to the patient. The AAPL delegation Former Editors the Mentally Ill. These resolutions requested that if CEJA does issue an encouraged the AMA to support iden- Victoria Harris, MD, MPH (2003-2008) opinion on this topic, it should issue tification, referral and treatment of Michael A. Norko, MD (1996-2003) two separate opinions (one on clinical the mentally ill along with education Robert Miller, MD PhD (1994-1996) situations and one for forensic situa- of law enforcement as a way to try to Alan R. Felthous, MD (1988-1993) tions) or at least acknowledge that reduce incarceration of the mentally Robert M. Wettstein, MD (1983-1988) clinical use of social media may dif- ill. Many of the recommendations Phillip J. Resnick, MD (1979-1983) fer from use in forensic settings. No made were consistent with the recent- Loren H. Roth, MD, MPH (1976-1979) direct forensic concerns were raised ly announced APA initiative with Officers in the cultural sensitivity discussion local governments called: ‘Stepping President which focused more on how to define Up’ to Reduce the Number of People and teach the topic. Graham Glancy, MB, ChB, FRCPsych, with Mental Illnesses in U.S. Jails. FRCP(c) AAPL Delegate Dr. Barry Wall President-elect again served as Co-vice-chair for the Emily Keram, MD “This year, the topics of psychiatric caucus. In addition, he Vice President again worked with the medical stu- Googling one’s patients dent section on resolutions regarding Christopher Thompson, MD Vice President solitary confinement in adults. Dr. (e.g. using social media Wall’s work and input with the med- Barry Wall, MD Secretary ical student section was influential in to obtain information) shaping the approved resolution Susan Hatters Friedman, MD regarding children at the last meeting Treasurer and cultural sensitivity and how the medical student section Douglas Mossman, MD will approach correctional issues in Immediate Past President were discussed.” the future. Robert Weinstock, MD AAPL Alternate Delegate Dr. Ryan Hall served as an election teller, The AAPL Newsletter is published by In addition to the House of Dele- which required him to assist in over- AAPL, One Regency Drive, PO Box 30, gates activities, CEJA also hosted an seeing the election process and certi- Bloomfield, CT 06002. Opinions open forum to obtain input from fying the votes. expressed in bylined articles and members. This year, the topics of Young Physician Delegate Dr. Jen- columns in the Newsletter are solely “Googling one’s patients” (e.g. using nifer Piel again served as the Chair those of the authors and do not neces- social media to obtain information) sarily represent the official position for the Young Physicians section’s and “cultural sensitivity” were dis- of AAPL or Newsletter editors. Internal Resolution Committee (see cussed. The primary concern in the Manuscripts are invited for publication attached photo). social media discussion was patient in the Newsletter. They should be The AAPL Delegation would also privacy if a physician obtained or dis- submitted to the editor via email to like to announce the Council’s covered information using social [email protected]. appointment of a new Alternate Dele- media. The discussion included The Newsletter is published in gate, Dr. Linda Gruenberg, and a new January (deadline for submission is examples of the doctor- patient rela- Young Physician Delegate, Dr. Tobias November 15), April (deadline Febru- tionship being potentially damaged Wasser. Dr. Ryan Hall has rotated out ary 1), and September (deadline July 1). due to information discovered, ques- of the AAPL’s Young Physician Dele- tions if information in social media www.aapl.org gate position but will remain active in was different from information print- organized medicine. AAPL thanks Dr. ed in newspapers, and how state- © 2015 AAPL. ALL RIGHTS RESERVED. Hall for his leadership skills within maintained controlled substance data- bases could be affected. A point (continued on page 27) 2 • September 2015 American Academy of Psychiatry and the Law Newsletter 162031 AAPL News September 2015_rev6.qxp_September 2015 10/30/15 4:57 PM Page 3 FROM THE EDITOR On The Question Of Being An Expert thereby prompting the psychiatrists to learn about them. I can almost hear Psychiatrist sharp criticism from colleagues in Charles C. Dike MD, MPH, FRCPsych academic institutions, large private practice groups who still get visits from drug reps, or the proactive solo The visit of patient asked if her blood pressure practitioner who diligently seeks out the Pope to the which I had just taken, was in keep- new knowledge; “that is the reason USA generated ing with the “newly released” guide- for obtaining CMEs,” they assert.

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