The Serious Illness and Doctor treating it seems conflictual

From Florida:
One of our employees became seriously incapcitated with a mental-type condition. She had been under the care of a Psychiatrist taking some potent medicine to offset the effects of her condition. Then she applied for FMLA and apparently changed doctors.

We gave her the Certification papers to be completed with a date to return them by.

She complied with that request but when I checked the Certification papers, they were signed by a doctor with the appendage, "D.O."

I'm not a medical expert, however, I felt concern about this. Correct me if I'm wrong, but doesn't D.O. mean Doctor of Osteopath? And doesn't that mean that those doctors believe that adjustments to the skeleton can correct maladies?

Where does an HR person's obligations cease? Should we question the paperwork when a doctor whose specialty is not psychiatry certifies for a patient having those problems to the degree of having to use twelve weeks from work? If so, please advise.


Comments

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  • An osteopath, or D.O., is considered a physician and is interchangeable with an M.D. for every purpose I'm aware of as far as general/family medicine is concerned. My family practice doc is a D.O. and practices alongside M.D.s and does all the same things they do. The doctors who make skeletal adjustments, etc., are chiropractors, and they are NOT interchangeable with M.D.s.

    I do not know if D.O.'s can specialize in psychiatry, and while you may have a legitimate concern that a person with a serious mental health condition is being treated by someone other than a psychiatrist, I don't know that the FMLA allows you to specify the medical specialty of the physician (other than going the employer-paid second opinion route).

    Bottom line: Treat this certification as you would if it were signed by an M.D. with an unspecified speciality.
  • [font size="1" color="#FF0000"]LAST EDITED ON 12-03-03 AT 06:49PM (CST)[/font][br][br]And I thought a D.O. was a Dr. Of Optometry. You need only check your state regulations to see who and what specialists operating in your state are recognized as medical practitioners. They vary by state and the Federal regulations require that you recognize them and accept their paperwork. But, in any event, what paperwork do you possess to acknowledge psychiatric problems with the employee? And if you do possess that paperwork, by what means did you come to have it? FMLA does not allow us to ask for diagnoses or any other forms of documentation that would reveal psychiatric treatment or the details of any other medical condition. Your mention of 'mental type condition' and 'potent medication' cause me to wonder if you are fully versed in the requirements of administering the FMLA. You mention that 'she changed doctors'. What is the relevance of that? She has a right to change doctors. You are required to consider the documentation provided. If you question its authenticity, you may have a second opinion at your expense. I am often accused of being harsh. Sorry, I know of no other way to converse. If I am unclear, I apologize.

    (Edit) P.S. Doctors of Chiropractic are also recognized under FMLA regs in states where they are licensed to practice.
  • This employee had submitted paperwork to us indicating that she was under the care of a psychiatrist with a prescription for a well-known drug that I know to be potent.

    The reason we know this is because she had physical trembling to the extent that it was almost impossible for her to speak and be understood. Her job requires her to be on the phone 8 hours a day - which, of course, is why she ended up on FMLA: she couldn't perform her duties.

    The point is: That's how we knew: her privacy was not impeached by HR - her trembling was so bad the whole company couldn't help but notice it.

    I only posed this question because I wondered if anyone else had some experience when you believe there may be some question as to "whom" is signing the Certification Papers, especially with the discovery that paperwork is signed by a doctor whose background didn't SEEM to match the ailment.

    I had (nor presently have) no intent of making this my business EXCEPT to the extent that the paperwork should be PROPER paperwork - in this case, signed by credible signatures. My concern was for the employee herself, whether she was on a treatment plan that would serve her needs presented by a doctor whose knowledge would include depth in mental illness. (Otherwise, a phone job would be in jeporady if one cannot use the phone.)

    And last - What, if anything, is HR personnel to do about paperwork which seems to be questionable: at which point does HR's obligation end?
  • What is the law in Florida? In NY, only psychiatrists can prescribe certain medications.
  • Generally only doctors with MDs or equivalents, and in some states Nurse Practioners are allowed to prescribe medications. I know of no law that says only certain types of doctors can prescribe certain types of medications. Remember there is a difference between a psychatrist (sp?) who is a medical doctor and a psychologist who is not (they can not prescribe medications).

    Regardless as Don D stated, it is not up to us to question the type of doctor that employees have treat them as long as they are recognized under FMLA statutes.
  • Under this scenario, FMLA doesn't require that the physician who prescribes medication for a patient be the same medical practitioner who certifies the need for her absence under FMLA. If she was on medication and if she was seeing a psychiatriast, that really doesn't impeach the document submitted by her current practitioner, who appears to be a D.O. If the company has reason to doubt the legitimacy of the document or its signature, the company can consider requiring a second opinion, or you may deny the leave outright. We will never get 'in trouble' for approving a medical leave of absence that on another day might be denied. We will, however, get 'in trouble' for not approving one that was justified. I hope this works out for both the company and the employee. Hopefully she'll get back to work soon.
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