Sentences with phrase «professional judgment whether»

Section 164.510 (b) of the final rule, disclosures to family or friends involved in the individual's care, states that when an individual is unable to agree or object to the disclosure due to incapacity or another emergency situation, a covered entity must determine based on the exercise of professional judgment whether it is in the individual's best interest to disclose the information.

Not exact matches

Unfortunately, concerning bedsharing, many health - county - regional - state - professionals apparently think all parents are equally unable to make reasonable judgments for themselves as regards whether they are able or not to bedshare safely, to weigh the relative risks and benefits, and that therefore, it must be done for them, and with as much legal authority and veiled threats as they can present.

With respect to oversight decisions, there are processes on the books for probation, but the actual decision to refer something to the Board is discretionary, relying heavily on the Director's professional judgment as to whether a particular infraction merits a frank conversation or raising the issue to the level of Board attention.

Determining whether a teacher has those skills will require us to rely on the professional judgment of administrators and other teachers who observe a teacher's practices, the work she assigns, and her students» work.

(g) As the MRO, you must exercise your best professional judgment in deciding whether the employee has established a legitimate medical explanation.

If a licensee is asked to perform a treatment that is questionable or unusual, the licensee must use his own professional judgment about whether he will perform this treatment.

Not allowing veterinarians to use information received by way of electronic means, whether or not a VCPR had been established in person, inappropriately prohibits veterinarians from exercising their professional judgment.

I anticipate that some folks will say that whether or not an attorney is competent to take a case rests with that attorney's professional judgment.

Moore - Bick LJ, giving the leading judgment identified the primary issue as being «whether a person who suffers damage as a result of findings of personal or professional misconduct leading to dismissal and loss of professional status that were made against him in disciplinary proceedings conducted in breach of contract, but which would not otherwise have been made, can recover damages at large».

The Committee noted that the Code, like the New York Rules of Professional Conduct (RPC), defines «differing interests» to mean «every interest that will adversely affect either the judgment or loyalty of a lawyer to a client, whether it be conflicting, inconsistent, diverse or other interest.»

The arbitration fees clause between the parties stated: «The prevailing party in any arbitration or litigation will be entitled to recover all attorneys» fees (including if the firm is the prevailing party, the value of the time of all professionals in our firm who perform legal services in connection with the dispute, computed at their normal billing rates), all experts» fees and expenses and all costs (whether or not these costs would be recoverable under the California Code of Civil Procedure) that may be incurred in obtaining or collecting any judgment and / or arbitration award, in addition to any other relief to which that party may be entitled.»

HELD Whether or not a solicitor withdrew was a matter for professional judgment.

Furthermore, when a covered entity can not practicably obtain an individual's agreement before disclosing protected health information to a relative or to a person involved in the individual's care and is making decisions about such disclosures consistent with the exercise of professional judgment regarding the individual's best interest, covered entities must take into account whether such a disclosure is likely to put the individual at risk of serious harm.

The rule waives the requirement for individual agreement if the victim is unable to agree due to incapacity or other emergency circumstance and: (1) The law enforcement official represents that the protected health information is needed to determine whether a violation of law by a person other than the victim has occurred and the information is not intended to be used against the victim; (2) the law enforcement official represents that immediate law enforcement activity that depends on such disclosure would be materially and adversely affected by waiting until the individual is able to agree to the disclosure; and (3) the covered entity, in the exercise of professional judgment, determines that the disclosure is in the individual's best interests.

In each case, we require only that the covered entity exercise professional judgment, in the best interest of the patient, in deciding whether to make a disclosure.

The final rule waives the requirement for agreement if the covered entity is unable to obtain the individual's agreement due to incapacity or other emergency circumstance, and (1) the law enforcement official represents that the information is needed to determine whether a violation of law by a person other than the victim has occurred and the information is not intended to be used against the victim; (2) the law enforcement official represents that immediate law enforcement activity that depends on the disclosure would be materially and adversely affected by waiting until the individual is able to agree to the disclosure; and (3) the covered entity determines, in the exercise of professional judgment, that the disclosure is in the individual's best interests.

In these circumstances, we believe it is appropriate to rely on the covered entity, in the exercise of professional judgment, to determine whether the disclosure is in the individual's best interests.

Procedures for disclosures to next of kin, other family members and persons assisting in an individual's care are also discussed in § 164.510 (b), which allows the covered entity to exercise professional judgment as to whether the disclosure is in the individual's best interest when the individual is not available to agree to the disclosure or is incapacitated.

By allowing covered entities, in the exercise of professional judgment, to determine whether such disclosures are in the individual's best interests, the final rule recognizes the importance of the provider - patient relationship.

Whereas the NPRM would have allowed health care providers to disclose an incapacitated patient's information to the facility's directory «at its discretion and consistent with good medical practice and any prior expressions of preference of which the covered entity [was] aware,» the final rule states that in these situations (and in other emergency treatment circumstances), covered health care providers must make the decision on whether to include the patient's information in the facility's directory in accordance with professional judgment as to the patient's best interest.

Specifically, we include provisions in the final rule that allow individuals to opt out of certain types of disclosures and require covered entities to use professional judgment to determine whether disclosure of protected health information is in a patient's best interest (see § 164.510 (a) on use and disclosure for facility directories and § 164.510 (b) on uses and disclosures for assisting in an individual's care and notification purposes).

The solicitor in question must use his professional judgment as to whether to invoke the rule.

That's six seconds to evaluate all of your professional accomplishments and make a snap judgment on whether you're worth a closer look.