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Subject:
From:
Elizabeth Brooks <[log in to unmask]>
Reply To:
Lactation Information and Discussion <[log in to unmask]>
Date:
Fri, 18 Jul 2008 13:43:05 -0400
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Robin -- you are absolutely right that consent forms at a hospital include
(or assume) consent to be touched.  You are absolutely correct that many of
them have fine print somewhere saying that information about the patient may
be exchanged with other health care providers (HCPs).

BUT (and this is where the non-USA-Lactnetters can stop reading) the
USA-federal HIPAA regulations impose an *additional* series of documentary
requirements that IBCLCs must meet, as health care providers.  HCPs must
have a "Notice of Privacy Practices" (NPP) that they distribute or make
availalble to their patients.  They also have to verify (i.e. get a
signature) that they have given their NPP to their patients.  (Note there is
not a requirement that the HCP make sure the patient reads and understands
the NPP.  Only that they hand over a copy and say "sign here.")

As IBCLCs, we have been protecting the privacy of our moms anyway:  it is
what our Code of Ethics and Standards of Practice require; it is how we use
consult using best professional practices.  But HIPAA does give us a new
obligation to churn out pieces of paper to that effect.  And you are
absolutely correct that a lawyer is *not* needed to fashion these documents
... many medical form suppliers have them, or you can "crib" your own from
the NPP you got the last time you visited your dentist, doctor, pharmacist,
chirporactor, etc..
-- 
Liz Brooks JD IBCLC
Wyndmoor, PA, USA

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