Are doctors required by law to notify POA when they choose to change a patient's medication?

Mark,

Be Nice! You are angry at your doctor, and I don't blame you. But why lash out at a VOLUNTEER who is trying to help you?

If you want a 100% correct legal opinion, consider hiring a lawyer. Or look for a website that is focused on the law, like elderlawanswers or the NAELA website.

Individuals here share their knowledge based on their individual experience and expertise. We have plenty of legal experts, especially about elder abuse, Medicaid and veterans benefits. The focus of this website, however, is the emotional, physical, medical and financial aspects of caregiving. This is a support group. You are welcome to participate, and you will be amazed at how helpful we are.

Yes, you made it clear that you have POA, but that is not the same as MEDICAL POA, so it is good to know you have that, too. It does seem to me that since Mom is incompetent the doctor should work with the people who have authority to make decisions for her. That "should" is an opinion of the ethics of the situation. I don't know about the legal requirements. Does this doctor know that she is incompetent and that you are her proxy?

Mark, I am a Guardian in NY. Anytime the MD needs prior consent, I have to sign for my sister. I have also notified her group home in writing that prior consent MUST be obtained before changing medications or times given. Note that a Guardian has more power than a POA in NY. Florida may have different rules. The key here is to clarify your position in writing to the facility and the MD.

I personally can't find anything that legally binds a physician to consulting with healthcare proxy before making treatment decisions. He/she is bound to provide information about treatment when asked. As healthcare proxy, you can choose to not let your mother continue a drug or treatment if it is in her best interest, or you know it is what she would want. You can also choose to change doctors if you feel her doctor is not doing a good job. I can't find anything that states the doctor has to consult a proxy before writing a new prescription. Really, the doctor didn't sign anything when you became the proxy. There may be something out there somewhere about physicians being legally bound to notify a proxy about changes, but I wouldn't be surprised if there isn't for most states.

Just Google searching Florida statues doesn't come up with anything. With me in two different states it was very hit or miss. I had both POAs, they were both in effect with incompetency letters, but somtimes I would get a call for topical antibiotics and sometimes I would not get a call on a psychotropic that had been tried already with bad effects. I once had to acctually present HIPAA papers and even then the nurse really did not want to give me the medication list; I uncovered a problem with a medication being inappropriately discontinued. Short answer is you can ask to be called with everything and graciously accept a few silly calls in the bargain, but still keep an eye out and periodically get a med list. The other thing to do is put bad adverse reactions inot their allergy list even if not true allergies...I hate to do that, but sometimes its the only way to make someone stop and think hey there might be a reason this person is not on _____ that is usually indicated in this situation.

How serious of a side effect are you writing about? Was it something you would have know to say no to if only you had been asked?

that's what finally got things going with my mom when she finally started getting appointments at a different doc, which she changed to in frustration with what was happening with the ones I was having trouble with, which she wasn't doing with them, she was going as walk-ins, which actually turned out to be the problem, which I realize is different, but it turned things around when she did start having them and telling me when they were so I could call while she was there

Each states have their own "legal" requirements by the medical community. Some states accept Medical POA, some don't. Those who don't, requires Another kind of document for the Medical aspects. I forgot the word of that document but I did read it here on AC by another poster who ran into problems with the hospital not accepting her Medical POA. Like above, you may need to check with an Elder care lawyer to make sure you have all your documents or maybe a new law was passed that requires additional documents, etc...

that's the Federal HIPAA law that if you're not listed as someone to be allowed to receive her info then, yes, they are not supposed to; I ran into that with my mom with her being in Kentucky and me in Alabama.

Thank you for your reply. Frustrating as this is, I'm glad to know my experience was on the up and up. Thanks!

Health Insurance Portability and Accountability Act is a Federal Law that prevents doctors, nurses, psychologists, etc., from disclosing identifiable medical information about a patient to a third party if the patient has not signed a release HIPAA form or Medical Power of Attorney) indicating that they want that information released. Have your mom sign one the next time she's in the Dr's office, if she wants you to have information from the doctor.

Better yet, arrange to call in to the doctor's office next time she has an appointment .