David Baxter PhD
Late Founder
Do the Rules Apply to Dr. Phil?
January 10, 2008
Most doctors and therapists won?t disclose the names of their patients, let alone comment on their mental states. Federal and state licensing rules typically forbid it.
But TV therapist Phil McGraw, who recently visited frazzled pop star Britney Spears at Cedars-Sinai Medical Center in Los Angeles, not only confirmed the meeting to Entertainment Tonight, but said the diva was ?in dire need of medical and psychological intervention.? Now the Internet is buzzing with questions about whether Dr. Phil, as he is known, violated Ms. Spears?s privacy.
But patient privacy guidelines are decided by state licensing boards and federal rules, experts said today, and none of these appears to apply to Dr. McGraw.
State medical ethics rules are not applicable, according to legal specialists, because Dr. McGraw is not a licensed therapist. He holds a Ph.D. in clinical psychology from North Texas State University and was licensed for 20 years in Texas, according to a spokeswoman at CBS, which airs his show. But he is no longer licensed in Texas, nor in California, where he now lives.
At the national level, the federal Health Insurance Portability and Accountability Act, known as HIPAA, also prevents doctors, therapists and health care workers from disclosing patients? medical information. Yet the act governs only providers who use electronic billing, says Kirk J. Nahra, head of the privacy practice at law firm Wiley Rein in Washington, D.C.
?If he never bills anybody for counseling services, he very well may not be covered by HIPAA,? said Mr. Nahra. ?Depending on his licensing, he may not have professional ethical obligations, either.?
Finally, Ms. Spears isn?t Dr. McGraw?s patient, according to his spokeswoman.
?He did not go to counsel her, but rather as a private citizen,'? Theresa Corigliano, vice president of communications at CBS Corp., wrote in an e-mail message. Despite his statement to Entertainment Tonight, Ms. Corigliano added, ?He has never spoken publicly about what happened in that hospital room, and will not.?
A few bloggers have also questioned whether Cedars-Sinai violated HIPAA by allowing Ms. Spears?s parents to invite Dr. Phil to her room.
A Cedars-Sinai spokeswoman said the hospital had no comment on the matter. Ms. Corigliano said the visit was handled ?by the book? by Cedars-Sinai employees, volunteers and security.
?He and the family hoped that he would have some quiet time to talk to Ms. Spears about seeking reliable medical and psychological assistance,'? she said. ?He was escorted to her room by family members, and she greeted him. There was no drama of any kind.'?
Dr. Jeffrey Sugar, chief of child and adolescent psychiatry, crisis and emergency service at the University of Southern California, told the Associated Press that even though Ms. Spears?s parents invited Dr. McGraw, the pop star, 26, is an adult and has the right to decide whom she lets into her hospital room.
A spokeswoman for the Spears family told NBC?s Today show the star?s parents had asked Dr. McGraw to visit her in a hospital last week, but that he violated their trust by talking about it.
Mr. Nahra notes that though many workers aren?t bound by federal or state ethics rules on privacy, most are nonetheless reluctant to disclose personal medical information about others.
?There are lots of people who don?t have to follow those rules who still don?t talk about the health care status of people,? said Mr. Nahra. ?I can?t put myself in either Britney?s or his shoes. It?s a whole different world. There?s an element of publicity that?s not involved when you visit your family physician.?
January 10, 2008
Most doctors and therapists won?t disclose the names of their patients, let alone comment on their mental states. Federal and state licensing rules typically forbid it.
But TV therapist Phil McGraw, who recently visited frazzled pop star Britney Spears at Cedars-Sinai Medical Center in Los Angeles, not only confirmed the meeting to Entertainment Tonight, but said the diva was ?in dire need of medical and psychological intervention.? Now the Internet is buzzing with questions about whether Dr. Phil, as he is known, violated Ms. Spears?s privacy.
But patient privacy guidelines are decided by state licensing boards and federal rules, experts said today, and none of these appears to apply to Dr. McGraw.
State medical ethics rules are not applicable, according to legal specialists, because Dr. McGraw is not a licensed therapist. He holds a Ph.D. in clinical psychology from North Texas State University and was licensed for 20 years in Texas, according to a spokeswoman at CBS, which airs his show. But he is no longer licensed in Texas, nor in California, where he now lives.
At the national level, the federal Health Insurance Portability and Accountability Act, known as HIPAA, also prevents doctors, therapists and health care workers from disclosing patients? medical information. Yet the act governs only providers who use electronic billing, says Kirk J. Nahra, head of the privacy practice at law firm Wiley Rein in Washington, D.C.
?If he never bills anybody for counseling services, he very well may not be covered by HIPAA,? said Mr. Nahra. ?Depending on his licensing, he may not have professional ethical obligations, either.?
Finally, Ms. Spears isn?t Dr. McGraw?s patient, according to his spokeswoman.
?He did not go to counsel her, but rather as a private citizen,'? Theresa Corigliano, vice president of communications at CBS Corp., wrote in an e-mail message. Despite his statement to Entertainment Tonight, Ms. Corigliano added, ?He has never spoken publicly about what happened in that hospital room, and will not.?
A few bloggers have also questioned whether Cedars-Sinai violated HIPAA by allowing Ms. Spears?s parents to invite Dr. Phil to her room.
A Cedars-Sinai spokeswoman said the hospital had no comment on the matter. Ms. Corigliano said the visit was handled ?by the book? by Cedars-Sinai employees, volunteers and security.
?He and the family hoped that he would have some quiet time to talk to Ms. Spears about seeking reliable medical and psychological assistance,'? she said. ?He was escorted to her room by family members, and she greeted him. There was no drama of any kind.'?
Dr. Jeffrey Sugar, chief of child and adolescent psychiatry, crisis and emergency service at the University of Southern California, told the Associated Press that even though Ms. Spears?s parents invited Dr. McGraw, the pop star, 26, is an adult and has the right to decide whom she lets into her hospital room.
A spokeswoman for the Spears family told NBC?s Today show the star?s parents had asked Dr. McGraw to visit her in a hospital last week, but that he violated their trust by talking about it.
Mr. Nahra notes that though many workers aren?t bound by federal or state ethics rules on privacy, most are nonetheless reluctant to disclose personal medical information about others.
?There are lots of people who don?t have to follow those rules who still don?t talk about the health care status of people,? said Mr. Nahra. ?I can?t put myself in either Britney?s or his shoes. It?s a whole different world. There?s an element of publicity that?s not involved when you visit your family physician.?
