We had an issue rise recently regarding who should, or who may, attend a certification hearing.

In our county, the clinicians go through training to present the evidence for certification, the psychiatrist only appeared at Reese hearings.

Recently, a psychiatrist wanted to attend the certification hearing, and the patient advocate told him he could not do so.

I could not find anything in the code which prohibits his attendance. We had a meeting with the hospital administrator, and he insisted the psychiatrist should be allowed in the hearing if he so chooses.

I told him I had no problem with that, but did not want duplicate testimony. I further told him the psychiatrist could attend, but if he was going to present the evidence, he should notify the clinician not to prepare for the hearing.

Any thoughts from anyone out there in LPS-Land.

Don Sutton

September 22, 2008 | Don Sutton

Hi Don,

The advocate and the patient cannot prohibit the treating psychiatrist from attending the certification review hearing. In our county, we prefer the psychiatrists presenting the evidence since they are more familiar with the case. The psychiatrist would be the main presenter. If the other clinician has additional information, I also hear it. For other staff who just want to observe the hearing, they need to have the permission of the patient, not the advocate. The advocate does not determine who can be in the hearing. I usually ask the patient or allow the staff person to ask the patient at the beginning of the hearing.

October 17, 2008 | Hoa Glassey

Thanks Hoa…I appreciate your input.

October 19, 2008 | Don Sutton

Don,
In L.A. the patient gets to determine who, in addition to the presenting hospital employee, may attend the hearing with them. Under this general rule, family, even the treating psychiatrist could be excluded. Only one presenter is permitted. The question is, why isn’t the treating psychiatrist presenting if so concerned about the hearing. We in L.A., could possibly get around the exclusion if the doctor was there in a supervisory capacity, but not giving evidence. For the hospital it is not a collective effort.
Frank

August 21, 2012 | Frank Ciafone