Drug dependence is characterized by behavioral and other responses which include a strong compulsion to take the substance on a continuous basis in order to experience its psychic effects, or to avoid the discomfort of its absence.
Chemical Dependency means the abuse of, psychological or physical dependence on, or addiction to alcohol or a controlled substance. Medical cannabis means the same as that term is defined in Section a Highly susceptible population means PERSONS who are more likely than other people in the general population to experience foodborne disease because they are:.
Attending physician means the physician selected by, or assigned to, the patient who has primary responsibility for the treatment and care of the patient. Practitioner means a physician, dentist, veterinarian, scientific investigator, pharmacy, hospital, or other person licensed, registered, or otherwise permitted to distribute, dispense, conduct research with respect to, or administer a controlled dangerous substance in the course of professional practice or research in this state.
Diagnosis means the act or process of identifying or determining the nature and cause of a Disease or Injury through evaluation of patient history, examination, and review of laboratory data.
Chemical dependency professional means a person certified as a chemical dependency professional by the department of health under chapter Applied Behavior Analysis means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior.
Volunteer firefighter s organization" means any organization of volunteer firefighters, as defined in Ohio R. Cosmetologist means any person who administers cosmetic treatments; manicures or pedicures the nails of any person; arranges, dresses, curls, waves, cuts, shapes, singes, waxes, tweezes, shaves, bleaches, colors, relaxes, straightens, or performs similar work, upon human hair, or a wig or hairpiece, by any means, including hands or mechanical or electrical apparatus or appliances unless such acts as adjusting, combing, or brushing prestyled wigs or hairpieces do not alter the prestyled nature of the wig or hairpiece, and practices cosmetology for compensation.
The term "cosmetologist" shall not include hair braiding upon human hair, or a wig or hairpiece. A disability examiner or judge will evaluate all medical opinions on the same basis, whether they are from treating doctors or Social Security's consultative examiners doctors paid by Social Security.
The new rule says that the most weight should be given to the most persuasive opinion, and that the most important factors that should be considered in evaluating the persuasiveness of an opinion are "supportability" and "consistency. The first factor, supportability, means that a medical opinion should well-supported by medical tests, such as x-rays or blood tests, symptoms, and a doctor's clinical notes. The second factor, consistency, refers to whether the medical opinion is consistent with the rest of the evidence in the file for instance, the applicant's statements and other doctors' opinions.
The new rule also says that if there are opinions from two or more doctors for instance, the treating doctor and the Social Security doctor that are equally well-supported and consistent with the applicant's file, Social Security will then consider the length of the patient's relationship with the doctor and whether the doctor is a specialist.
So an applicant's treating doctor can still be very important to a disability claim, as long as his or her medical opinion is supported by and consistent with the evidence. However, the doctors' familiarity with Social Security rules and with the applicant's disability file will also be considered, and this factor tends to be in favor of Social Security's consultative doctors.
For more details, see our article on when Social Security can ignore your medical provider's opinion. If you filed your Social Security disability claim filed before March 27, , and it is still being appealed, Social Security has to give substantial weight to your treating doctor's opinion.
To benefit from this special consideration given to treating physicians, you have to have had an ongoing relationship with the doctor. A specialist you had seen once probably wouldn't count as a treating physician. Generally, the longer a doctor treated you, and the more times you saw the doctor, the more weight Social Security has to give to that doctor's medical opinion.
If the time and place described for the deposition creates a hardship, the physician should immediately notify the parties. While these instances may be rare, they occur often enough to arouse concern. Generally, fact witnesses cannot charge expert witness fees and may receive only the statutory witness fees for testifying, which vary but are lower than expert fees.
However, most attorneys will exercise professional courtesy and pay a treating physician witness a reasonable fee for his time. For example, the Tennessee Bar Association and the Tennessee Medical Association have collaborated on a Code of Cooperation that provides that physicians should be compensated for their time. In this instance, compensation rests principally on contract or is determined by custom and past practice. It is advisable that physicians establish a standard rate for providing deposition testimony and base the rate on what they would earn if they were treating patients instead of giving a deposition.
Regardless, if there is any question as to the charge, it should be discussed and worked out before the deposition. Conclusion A treating physician called upon to testify about his treatment of a plaintiff should consider the role he wants to play in the case before agreeing to review any materials other than his own chart. Additionally, if the physician wishes to charge for his time, he should work this out with counsel prior to the deposition. Finally, all treating physicians should be aware they are statutorily exempt from subpoena to testify at trial and can require the parties to conduct their deposition instead of appearing at trial.
References: 1. Tennessee Medical Association: Depositions. TMA Law Guide. Lewis v. Brooks, 66 S.
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