Medicolegal Issues

What are your responsibilities after a screening call?

Current Psychiatry. 2014 September;13(9):54-57

References

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Prescribing
Although features of the original screening interview indicated that Ms. C was not yet Dr. S’s patient, prescribing certainly would commence a physician-patient relationship.¹⁸ But even if the screening had made Ms. C a patient, refilling her prescription now probably is a bad idea.

Assuming that a physician-patient relationship exists, it is unlikely that a short telephone interview gave Dr. S enough information about Ms. C’s medical history and present mental status to ensure that his diagnostic reasoning would not be faulty. It also is unlikely that telephone screening allowed Dr. S to meet the standard of care for prescribing—a process that involves choosing medications suitable to the patient’s clinical needs, checking the results of any necessary lab tests, and obtaining appropriate informed consent.¹⁹

Satisfying duties
Outpatient facilities can instruct telephone screeners to conduct interviews in ways that reduce inadvertent establishment of a treatment relationship, but establishing such a relationship cannot be avoided in all cases. If a caller is distraught or in crisis, for example, compassion dictates helping him, and some callers (eg, Ms. C) may feel they have a firmer treatment relationship than actually exists.

Once you have created a physician-patient relationship, you must continue that relationship until you end it appropriately.³ That does not mean you have to provide definitive treatment; you simply need to exercise “reasonable care according to the standards of the profession.”^16,20 If a caller telephones in an emergency situation, for example, the screening clinician should take appropriate steps to ensure safety, which might include calling law enforcement or facilitating hospitalization.³

One way to fulfill the duties of a physician-patient relationship inadvertently established during initial screening is through explicit discharge (if medically appropriate) or transfer of care to another physician.¹⁵ A prudent clinic or practitioner will describe other mental health resources in the community and sometimes assist with referral if the inquiring potential patient needs services that the provider does not offer.

In many communities, finding appropriate mental health resources is difficult. Creative approaches to this problem include transitional psychiatry or crisis support clinics that serve as a “bridge” to longer-term services,^21,22 preliminary process groups,²³ and telepsychiatry transitional clinics.²⁴ When a clinic does not accept a person as a patient, the clinic should clearly document 1) key features of the contact and 2) the rationale for that decision

Bottom Line
You have a right and a responsibility to screen prospective patients for good fit to your treatment services. In doing so, however, you might inadvertently create a physician-patient relationship. If this happens, you should fulfill your clinical responsibilities, as you would for any patient, by helping the patient get appropriate care from you or another provider.

Disclosures
The authors report no financial relationship with any company whose products are mentioned in this article or with manufacturers of competing products.

What are your responsibilities after a screening call?

References

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