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Americans w/ Disabilities Act and Mandated Reporting

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MDonline

Junior Member
What is the name of your state (only U.S. law)? Missouri

Hello,

I am a Child, Adolescent and Adult Psychiatrist. Recently a colleague was faced with the following issue which caused much Debate amonst my colleagues:

A 22 year old college student with Severe Pervasive Developmental Disorder applied for and easily met criteria for protection for his Disability under the ADA- at the university he was attending. My colleague (and I) believe, that several incidents recently occurred which violated his ADA rights.

My understanding of the physician's role as Mandated Reporter includes that any perceived violation within that physician's area of expertise requires that the physician report the perceived transgressions to the appropriate State regulatory board.

My colleagues argued that ONLY PHYSICAL/MENTAL ABUSE or Imminent Risk of HARM are grounds for mandated reporting, and therefore, my colleague was not required to report these perceived transgressions. This interpretation seems much too narrow. I have tried various serches on the Web and mainly find information dealing with abuse of minors and Elderly persons, with just traces dealing with ADA issues.

Could you provide some advice, possible Web Sites/Sources of information, and, if possible, the legal statute(s) that cover Mandated Reporting with respect to ADA violations.

Thank you,
John
 
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garrula lingua

Senior Member
SPDD ... sounds like a very 'subjective' diagnosis.
Is this a physical or mental disability ?
How does it manifest, in this case ?

What is the specific act (or inaction) which you believe constitutes a violation of the ADA ?
 

garrula lingua

Senior Member
Check out ada's website at ada.gov.
Also:

ADA Information Line

The U.S. Department of Justice provides information about the Americans with Disabilities Act (ADA) through a toll-free ADA Information Line. This service permits businesses, State and local governments, or others to call and ask questions about general or specific ADA requirements including questions about the ADA Standards for Accessible Design.

ADA specialists are available Monday through Friday from 9:30 AM until 5:30 PM (eastern time) except on Thursday when the hours are 12:30 PM until 5:30 PM.

Spanish language service is also available.

For general ADA information, answers to specific technical questions, free ADA materials, or information about filing a complaint, call:

800 - 514 - 0301 (voice)

800 - 514 - 0383 (TTY)
 

ecmst12

Senior Member
As far as I am aware, mandated reporting only refers to an imminent danger to the patient or others. Outside of that, you may NOT discuss anything told to you during treatment sessions without the patient's permission.

The treating therapist would do well to advise the patient on how to request accomodations under the ADA - which can't be violated unless accomodations have been requested.
 

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