Full Course Description

Legal and Ethical Issues with Technology in Mental Health

Program Information

Objectives

  1. Articulate the legal and ethical codes that relate to utilizing technology while providing mental health services.
  2. Establish ethical practices to ensure safety when utilizing telemental health services.
  3. Consider ethical dilemmas clinicians may face related to therapeutic boundaries with respect to utilizing technology in clinical practice.
  4. Specify interjurisdictional laws and regulations for using technology in clinical practice.
  5. Consider cultural differences when using technology and articulate how this may inform the clinician’s choice of treatment interventions.
  6. Utilize an ethical decision making framework to recognize, analyze, resolve or prevent ethical dilemmas in your clinical practice.

Outline

Ethics of Using Technology

  • Covering the codes
  • Similarities and differences
  • Competency and skills for using technology

The Benefits of Using Technology

  • Enhance services
  • Increased client access to services
  • Convenience for all parties
  • Financial benefits to all

Risks and Reluctance to Using Technology

  • Safety concerns
  • Trouble building therapeutic alliance
  • Misunderstandings and misinterpretations
  • Equipment failure
  • Insurance reimbursement
  • Baby boomer reluctance to technology

Safety Concerns When Using Technology

  • Privacy of client and MHP
  • Identification of client
  • Identity fraud

Using Technology Across Different States

  • Residency of the client
  • License requirements
  • Clients on vacation or going to college
  • Services to other countries
  • Distance counseling

Laws Concerning Technology

  • Confidentiality
  • Informed consent
  • HIPAA and HITECH

Skype, Cell Phones, Computers and Social Media

  • The HIPAA compliance controversy
  • To text or not to text
  • What the codes say about
  • Facebook

Resources for Using Technology

  • Video-conferencing
  • State licensing boards
  • Federal resources
  • Code of Ethics

Target Audience

Addiction Counselors, Case Managers, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers, and other Mental Health Professionals.

Copyright : 04/20/2017

Alabama Legal and Ethical Issues for Mental Health Clinicians

OUTLINE

Clinician-Client Relationship

  • Law vs. ethics
  • Elements of legal informed consent
  • Nuts and bolts of office policies
  • Records vs. psychotherapy notes
  • What to put in a record
  • Limitations on confidentiality
  • Alabama case law & danger to others
  • Alabama duty to warn potential victims
  • HIPAA
  • The latest updates you need to know

Practical Approach to Risk Management

  • Elements of consent
  • Competence & scope of practice
  • Boundary violations/crossings
  • Issues with modern technology
  • Texting, cell phones, e-mail, video psychotherapy
  • Perils of supervision

Litigation

  • Licensing complaints & malpractice lawsuits
  • Alabama specific statues
  • Alabama rules and regulations
  • Case law and how to find it

Navigate the Legal System

  • Roles of attorneys
  • Confidentiality/privilege
  • Subpoena & disclosure of confidential information
  • Depositions, interrogatories, expert testimony

Treatment of Minors

  • Alabama age of majority
  • Consent to treatment
  • Privilege/confidentiality
  • Separation & divorce

Case Studies

OBJECTIVES

  1. Specify the best practices in the professional relationship; informed consent, office policies and Alabama limits on confidentiality.
  2. Compile updates on HIPAA and Alabama laws and regulations.
  3. Determine risk management strategies in clinical practice.
  4. Communicate how to avoid litigation dilemmas, licensing complaints and malpractice actions.
  5. Analyze the Alabama legal system to better your understanding.
  6. Explore the differences for treatment of minors.

Program Information

Target Audience

Addiction Counselors, Counselors, Marriage and Family Therapists, Nurse, Psychologists, Social Workers

Objectives

  1. Specify the best practices in the professional relationship; informed consent, office policies and Alabama limits on confidentiality.
  2. Compile updates on HIPAA and Alabama laws and regulations.
  3. Determine risk management strategies in clinical practice.
  4. Communicate how to avoid litigation dilemmas, licensing complaints and malpractice actions.
  5. Analyze the Alabama legal system to better your understanding.
  6. Explore the differences for treatment of minors.

Outline

Clinician-Client Relationship

  • Law vs. ethics
  • Elements of legal informed consent
  • Nuts and bolts of office policies
  • Records vs. psychotherapy notes
  • What to put in a record
  • Limitations on confidentiality
  • Alabama case law & danger to others
  • Alabama duty to warn potential victims
  • HIPAA
  • The latest updates you need to know

Practical Approach to Risk Management

  • Elements of consent
  • Competence & scope of practice
  • Boundary violations/crossings
  • Issues with modern technology
  • Texting, cell phones, e-mail, video psychotherapy
  • Perils of supervision

Litigation

  • Licensing complaints & malpractice lawsuits
  • Alabama specific statues
  • Alabama rules and regulations
  • Case law and how to find it

Navigate the Legal System

  • Roles of attorneys
  • Confidentiality/privilege
  • Subpoena & disclosure of confidential information
  • Depositions, interrogatories, expert testimony

Treatment of Minors

  • Alabama age of majority
  • Consent to treatment
  • Privilege/confidentiality
  • Separation & divorce

Case Studies

Copyright : 05/24/2017

Arizona Ethical Principles in the Practice of Mental Health Professionals

OUTLINE

Understand the Legal System

  • Statutes
  • Rules and regulations
  • Case law
  • Finding the law

Legal Exposure

  • Criminal liability
  • Civil liability
  • Licensing complaints
  • Organization complaints

Establish the Treatment Relationship

  • The professional relationship
  • The legal and ethical principle of informed consent
  • Informed consent as part of the treatment modality
  • Use of and reliance upon written consent forms

Record-Keeping Practices

  • Record-keeping regulations
  • Items which constitute the record, personal notes vs. charting, raw data, computer printouts and third-party records
  • Access to records by written requests, subpoenas and court orders

The Ethics of Duty to Warn

  • Duty to warn potential third-party victims
  • Review of specific Arizona case law governing danger to others
  • A clinical approach to the duty to protect

Treatment of Minors

  • Age of majority
  • Consent to treatment and access to records
  • Clinical implications in the treatment of the older adolescent
  • Treatment of minors in situations of family separation and divorce

Non-Sexual Boundary Violations

  • Email correspondence and cell phone contacts
  • Treatment vs. advocacy for patients
  • Professional contacts with attorneys and the legal profession
  • In-court expert testimony

OBJECTIVES

  • Identify state and administrative laws that impact clinical practice.
  • Explain the ethical and legal principle of informed consent.
  • Identify the notes, documents, reports, forms, and clinical data that constitute the record.
  • Evaluate current record-keeping practices.
  • Discuss how to comply with third-party requests for records.
  • Discuss the consent necessary to treat minors and release records of minors’.

Program Information

Target Audience

Addiction Counselors, Case Managers, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers, and other Mental Health Professionals.

Copyright : 12/09/2016

Arkansas Legal and Ethical Issues in Behavioral Health

Program Information

Objectives

  1. Establish practices for ensuring HIPAA compliance to protect client’s privacy and minimize risk of litigation.
  2. Compare the different requirements for release of protected health information via subpoenas and court orders.
  3. Explore the legal and ethical considerations for the treatment of minor populations in Arkansas with regard to age of consent, confidentiality and custody concerns.
  4. Differentiate between the processes for voluntary and involuntary commitment for treatment and determine the clinician’s role in each.
  5. Develop policies on ethical issues such as restraints, seclusion and informed consent.
  6. Designate the treatment provider’s responsibilities relating to mental health issues and duty to warn law in Arkansas.

Outline

Overview/Confidentiality of Mental Health Records

  • When and to Whom Records Can Be Released
  • Mandatory Disclosure Requirements
  • Alcohol/Drug and AIDS/HIV Treatment Records
  • Necessary Documentation

HIPAA 101 - Federal Confidentiality Regulations

  • What Is HIPAA Today?
  • How Do I Comply with the Regulations?
  • What Are “Psychotherapy Notes”?
  • When May I Release Records?
  • How Much Paperwork Will This Be for My Office?

Responding to Subpoenas, Court Orders and Law Enforcement

  • Subpoenas; Types of Subpoenas; Duty to Respond; Time Limits
  • Search Warrants & Court Orders
  • Authority to Obtain Information
  • Investigations
  • Development of Policies and Procedures to Respond

Balancing the Rights of Minors & Parents

  • Minors’ Rights
  • Age of Majority
  • Access to Records
  • Rights of Minors to Refuse/Consent to Medication and Treatment
  • Alcohol, Drug Abuse and Treatment Issues for Minors
  • Parental Rights
  • Custodial and Divorce Factors
  • Child Abuse Allegations
  • Custodial vs. Non-Custodial Parent’s Rights to Records

Voluntary and Involuntary Mental Health Commitments

  • Reasons to Use a Voluntary Commitment or an Involuntary Commitment
  • Grounds for an Involuntary Commitment: Dangerousness (as Defined by Statute)
  • Mental Illness
  • Procedures

Professional Ethics and Boundary Issues

  • Consent Elements and Competency Issues
  • Medication: Right to Refuse
  • Restraints and Seclusion
  • Individual’s Legal Rights
  • Informed Consent
  • Boundary Issues: Where the Lines Are Blurred
  • Prescribing Practices
  • Board of Health Professionals Investigation - Disciplinary Proceedings

Legal Liabilities of the Professional

  • Duty to Warn Issues
  • Professional Obligations and Standards
  • Fraud & Abuse Issues
  • Billing & Coding Errors
  • Documentation
  • Compliance with Contradictory Laws

Target Audience

Addiction Counselors, Case Managers, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers, and other Mental Health Professionals

Copyright : 05/18/2016

California Legal and Ethical Issues for Mental Health Clinicians

Program Information

Objectives

  1. Communicate how to avoid litigation dilemmas, licensing complaints and malpractice actions.
  2. Explore the legal and ethical considerations for the treatment of minor populations in California with regard to age of consent, confidentiality and custody concerns.
  3. Communicate how an understanding of common boundary and dual relationship issues/dilemmas can help you maintain appropriate relationships with your clients.
  4. Recognize ethical challenges you should consider when responding to subpoenas that request disclosure of client records.
  5. Analyze the limits of confidentiality as it relates to duty to warn law in California.
  6. Articulate how risk management strategies regarding technology can keep client information secure and avoid violating HIPAA.

Outline

Clinician-Client Relationship

  • Law vs. ethics
  • Elements of legal informed consent
  • Nuts and bolts of office policies
    1. Records vs. psychotherapy notes
    2. What to put in a record
  • Limitations on confidentiality
    1. California case law & danger to others
    2. California duty to warn potential victims
  • HIPAA
    1. The latest updates you need to you
Practical Approach to Risk Management
  • Elements of consent
  • Competence & scope of practice
  • Boundary violations/crossings
  • Issues with modern technology
    1. Texting, cell phones, e-mail, video psychotherapy
  • Perils of supervision
Litigation
  • Licensing complaints & malpractice lawsuits
    1. California specific statues
    2. California rules and regulations
    3. Case law and how to find it
Navigating the Legal System
  • Roles of attorneys
  • Confidentiality/privilege
  • Subpoena & disclosure of confidential information
  • Depositions, interrogatories, expert testimony
Treatment of Minors
  • California age of majority
  • Consent to treatment
  • Privilege/confidentiality
  • Separation & divorce
Case Studies

Target Audience

Addiction Counselors, Case Managers, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers, and other Mental Health Professionals

Copyright : 08/18/2016

Colorado Legal and Ethical Issues for Mental Health Clinicians

Program Information

Objectives

  1. Communicate how to avoid litigation dilemmas, licensing complaints and malpractice actions.
  2. Explore the legal and ethical considerations for the treatment of minor populations in Colorado with regard to age of consent, confidentiality and custody concerns.
  3. Communicate how an understanding of common boundary and dual relationship issues/dilemmas can help you maintain appropriate relationships with your clients.
  4. Recognize ethical challenges you should consider when responding to subpoenas that request disclosure of client records.
  5. Analyze the limits of confidentiality as it relates to duty to warn law in Colorado.
  6. Articulate how risk management strategies regarding technology can keep client information secure and avoid violating HIPAA.

Outline

Clinician-Client Relationship

  • Law vs. ethics
  • Elements of legal informed consent
  • Nuts and bolts of office policies
    • Records vs. psychotherapy notes
    • What to put in a record
  • Limitations on confidentiality
    • Colorado case law & danger to others
    • Colorado duty to warn potential victims
  • HIPAA
    • The latest updates you need to know

 

Practical Approach to Risk Management

  • Elements of consent
  • Competence & scope of practice
  • Boundary violations/crossings
  • Issues with modern technology
    • Texting, cell phones, e-mail, video psychotherapy
  • Perils of supervision

 

Litigation

  • Licensing complaints & malpractice lawsuits
    • Colorado specific statues
    • Colorado rules and regulations
    • Case law and how to find it

 

Navigate the Legal System

  • Roles of attorneys
  • Confidentiality/privilege
  • Subpoena & disclosure of confidential information
  • Depositions, interrogatories, expert testimony

 

Treatment of Minors

  • Colorado age of majority
  • Consent to treatment
  • Privilege/confidentiality
  • Separation & divorce

 

Case Studies

Target Audience

Addiction Counselors, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers, and other Mental Health Professionals

Copyright : 05/12/2017

Connecticut Legal and Ethical Issues for Mental Health Clinicians

Program Information

Objectives

  1. Communicate how to avoid litigation dilemmas, licensing complaints and malpractice actions.
  2. Explore the legal and ethical considerations for the treatment of minor populations in Connecticut with regard to age of consent, confidentiality and custody concerns.
  3. Communicate how an understanding of common boundary and dual relationship issues/dilemmas can help you maintain appropriate relationships with your clients.
  4. Recognize ethical challenges you should consider when responding to subpoenas that request disclosure of client records.
  5. Analyze the limits of confidentiality as it relates to duty to warn law in Connecticut.
  6. Articulate how risk management strategies regarding technology can keep client information secure and avoid violating HIPAA.

Outline

Clinician-Client Relationship

  • Law vs. ethics
  • Elements of legal informed consent
  • Nuts and bolts of office policies
    1. Records vs. psychotherapy notes
    2. What to put in a record
  • Limitations on confidentiality
    1. Connecticut case law & danger to others
    2. Connecticut duty to warn potential victims
  • HIPAA
    1. The latest updates you need to know
Practical Approach to Risk Management
  • Elements of consent
  • Competence & scope of practice
  • Boundary violations/crossings
  • Issues with modern technology
    1. Texting, cell phones, e-mail, video psychotherapy
  • Perils of supervision
Litigation
  • Licensing complaints & malpractice lawsuits
    1. Connecticut specific statues
    2. Connecticut rules and regulations
    3. Case law and how to find it
Navigating the Legal System
  • Roles of attorneys
  • Confidentiality/privilege
  • Subpoena & disclosure of confidential information
  • Depositions, interrogatories, expert testimony
Treatment of Minors
  • Connecticut age of majority
  • Consent to treatment
  • Privilege/confidentiality
  • Separation & divorce
Case Studies

Target Audience

Addiction Counselors, Case Managers, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers and other Mental Health Professionals

Copyright : 07/18/2017

Delaware Ethical Principles in the Practice of Mental Health Professionals

OUTLINE

Understand the Legal System

  • Statutes
  • Rules and regulations
  • Case law
  • Finding the law

Legal Exposure

  • Criminal liability
  • Civil liability
  • Licensing complaints
  • Organization complaints

Establish the Treatment Relationship

  • The professional relationship
  • The legal and ethical principle of informed consent
  • Informed consent as part of the treatment modality
  • Use of and reliance upon written consent forms

Record-Keeping Practices

  • Record-keeping regulations
  • Items which constitute the record, personal notes vs. charting, raw data, computer printouts and third-party records
  • Access to records by written requests, subpoenas and court orders

The Ethics of Duty to Warn

  • Duty to warn potential third-party victims
  • Review of specific Delaware case law governing danger to others
  • A clinical approach to the duty to protect

Treatment of Minors

  • Age of majority
  • Consent to treatment and access to records
  • Clinical implications in the treatment of the older adolescent
  • Treatment of minors in situations of family separation and divorce

Non-Sexual Boundary Violations

  • Email correspondence and cell phone contacts
  • Treatment vs. advocacy for patients
  • Professional contacts with attorneys and the legal profession
  • In-court expert testimony

OBJECTIVES

  1. Identify state and administrative laws that impact clinical practice.
  2. Explain the ethical and legal principle of informed consent.
  3. Identify the notes, documents, reports, forms, and clinical data that constitute the record.
  4. Evaluate current record-keeping practices.
  5. Discuss how to comply with third-party requests for records.
  6. Discuss the consent necessary to treat minors and release records of minors’.

Program Information

Target Audience

Addiction Counselors, Case Managers, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers and other Mental Health Professionals

Copyright : 01/15/2016

Florida Legal & Ethical Issues in Behavioral Health

OUTLINE

Overview/Confidentiality of Mental Health Records

  • When and to Whom Records Can Be Released

  • Mandatory Disclosure Requirements

  • Alcohol/Drug and AIDS/HIV Treatment Records

  • Necessary Documentation

HIPAA 101 - Federal Confidentiality Regulations

  • What Is HIPAA Today?

  • How Do I Comply with the Regulations?

  • What Are “Psychotherapy Notes”?

  • When May I Release Records?

  • How Much Paperwork Will This Be for My Office?

Responding to Subpoenas, Court Orders and Law Enforcement

  • Subpoenas; Types of Subpoenas; Duty to Respond; Time Limits

  • Search Warrants & Court Orders

  • Authority to Obtain Information

  • Investigations

  • Development of Policies and Procedures to Respond

Balancing the Rights of Minors & Parents

  • Minors’ Rights

  • Age of Majority

  • Access to Records

  • Rights of Minors to Refuse/Consent to Medication and Treatment

  • Alcohol, Drug Abuse and Treatment Issues for Minors

  • Parental Rights

  • Custodial and Divorce Factors

  • Child Abuse Allegations

  • Custodial vs. Non-Custodial Parent’s Rights to Records

Voluntary and Involuntary Mental Health Commitments

  • Reasons to Use a Voluntary Commitment or an Involuntary Commitment

  • Grounds for an Involuntary Commitment: Dangerousness (as Defined by Statute)

  • Mental Illness

  • Procedures

Professional Ethics and Boundary Issues

  • Consent Elements and Competency Issues

  • Medication: Right to Refuse

  • Restraints and Seclusion

  • Individual’s Legal Rights

  • Informed Consent

  • Boundary Issues: Where the Lines Are Blurred

  • Prescribing Practices

  • Board of Health Professionals Investigation -

  • Disciplinary Proceedings

Legal Liabilities of the Professional

  • Duty to Warn Issues

  • Professional Obligations and Standards

  • Fraud & Abuse Issues

  • Billing & Coding Errors

  • Documentation

  • Compliance with Contradictory Laws

OBJECTIVES

  • Explain how to comply with HIPAA regulations.

  • Describe the process for responding to subpoenas and court orders.

  • Identify the rights of minors and parents in mental health treatment and legal determinations.

  • Describe the role of the mental health professional in the commitment process.

  • Develop policies on ethical issues such as restraints, seclusion and informed consent.

  • Identify the treatment provider’s responsibilities relating to mental health issues and the legal duty to warn.

Program Information

Target Audience

Addiction Counselors, Case Managers, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers, and other Mental Health Professionals

Objectives

  • Explain how to comply with HIPAA regulations.

  • Describe the process for responding to subpoenas and court orders.

  • Identify the rights of minors and parents in mental health treatment and legal determinations.

  • Describe the role of the mental health professional in the commitment process.

  • Develop policies on ethical issues such as restraints, seclusion and informed consent.

  • Identify the treatment provider’s responsibilities relating to mental health issues and the legal duty to warn.

Outline

Overview/Confidentiality of Mental Health Records

  • When and to Whom Records Can Be Released

  • Mandatory Disclosure Requirements

  • Alcohol/Drug and AIDS/HIV Treatment Records

  • Necessary Documentation

HIPAA 101 - Federal Confidentiality Regulations

  • What Is HIPAA Today?

  • How Do I Comply with the Regulations?

  • What Are “Psychotherapy Notes”?

  • When May I Release Records?

  • How Much Paperwork Will This Be for My Office?

Responding to Subpoenas, Court Orders and Law Enforcement

  • Subpoenas; Types of Subpoenas; Duty to Respond; Time Limits

  • Search Warrants & Court Orders

  • Authority to Obtain Information

  • Investigations

  • Development of Policies and Procedures to Respond

Balancing the Rights of Minors & Parents

  • Minors’ Rights

  • Age of Majority

  • Access to Records

  • Rights of Minors to Refuse/Consent to Medication and Treatment

  • Alcohol, Drug Abuse and Treatment Issues for Minors

  • Parental Rights

  • Custodial and Divorce Factors

  • Child Abuse Allegations

  • Custodial vs. Non-Custodial Parent’s Rights to Records

Voluntary and Involuntary Mental Health Commitments

  • Reasons to Use a Voluntary Commitment or an Involuntary Commitment

  • Grounds for an Involuntary Commitment: Dangerousness (as Defined by Statute)

  • Mental Illness

  • Procedures

Professional Ethics and Boundary Issues

  • Consent Elements and Competency Issues

  • Medication: Right to Refuse

  • Restraints and Seclusion

  • Individual’s Legal Rights

  • Informed Consent

  • Boundary Issues: Where the Lines Are Blurred

  • Prescribing Practices

  • Board of Health Professionals Investigation -

  • Disciplinary Proceedings

Legal Liabilities of the Professional

  • Duty to Warn Issues

  • Professional Obligations and Standards

  • Fraud & Abuse Issues

  • Billing & Coding Errors

  • Documentation

  • Compliance with Contradictory Laws

Copyright : 01/27/2017

Georgia Ethical Principles in the Practice of Mental Health Professionals

Program Information

Objectives

  1. Identify specific state and administrative laws that are pertinent to establishing and maintaining an ethical clinical practice.
  2. Determine potential nonsexual boundary violations.
  3. Explain which notes, documents, reports, forms, and clinical data constitute an official medical record.
  4. Evaluate your current record-keeping practices in order to ensure compliance with ethical and legal requirements.
  5. List the treatment providers’ responsibilities relating to mental health issues and duty to warn law.
  6. Analyze the legal and ethical considerations for the treatment of minor populations with regard to age of consent, confidentiality and custody concerns.

Outline

Understanding the Legal System

  • Statutes
  • Rules and regulations
  • Case law
  • Finding the law

Legal Exposure

  • Criminal liability
  • Civil liability
  • Licensing complaints
  • Organization complaints

Establishing the Treatment Relationship

  • The professional relationship
  • The legal and ethical principle of informed consent
  • Informed consent as part of the treatment modality
  • Use of and reliance upon written consent forms

Record Keeping Practices

  • Record keeping regulations
  • Items which constitute the record, personal notes vs. charting, raw data, computer printouts and third party records
  • Access to records by written requests, subpoenas and court orders


The Ethics of Duty to Warn

  • Duty to warn potential third-party victims
  • Review of specific Georgia case law governing danger to others
  • A clinical approach to the duty to protect

Treatment of Minors

  • Age of majority
  • Consent to treatment and access to records
  • Clinical implications in the treatment of the older adolescent
  • Treatment of minors in situations of family separation and divorce

Non-Sexual Boundary Violations

  • E-mail correspondence and cell phone contacts
  • Treatment vs. advocacy for patients
  • Professional contacts with attorneys and the legal profession
  • In-court expert testimony

Target Audience

Addiction Counselors, Case Managers, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers, and other Mental Health Professionals

Copyright : 05/13/2016

Hawaii Legal and Ethical Issues for Mental Health Clinicians

OUTLINE

Establishing the Professional Association: Scope and Limitations in the Clinician-Client Relationship

  • Law vs. ethics
  • Elements of legal informed consent
  • Nuts and bolts of office policies
    • Records vs. psychotherapy notes
    • What to put in a record
  • Limitations on confidentiality
    • Hawaii case law & danger to others
    • Hawaii duty to warn potential victims
  • HIPAA

Practical Approach to Risk Management

  • Elements of consent
  • Competence & scope of practice
  • Boundary violations/crossings
  • Issues with modern technology
    • Texting, cell phones, e-mail, video psychotherapy
  • Perils of supervision

Litigation

  • Licensing complaints & malpractice lawsuits
    • Hawaii specific statues
    • Hawaii rules and regulations
    • Case law and how to find it

Understanding the Legal System

  • Roles of attorneys
  • Confidentiality/privilege
  • Subpoena & disclosure of confidential information
  • Depositions, interrogatories, expert testimony

Treatment of Minors

  • Hawaii age of majority
  • Consent to treatment
  • Privilege/confidentiality
  • Separation & divorce

Case Studies

OBJECTIVES

  1. Explain the best practices in the professional relationship; informed consent, office policies and Hawaii limits on confidentiality.
  2. Discuss updates on HIPAA and Hawaii laws and regulations.
  3. Identify risk management strategies in clinical practice.
  4. Describe how to avoid litigation dilemmas, licensing complaints and malpractice actions.
  5. Summarize the Hawaii legal system to better your understanding.
  6. Outline the differences for treatment of minors.

Program Information

Target Audience

Psychotherapists, Therapists, Counselors, Mental Health Professionals, Social Workers, Psychologists, Addiction Counselors, Marriage and Family Therapists, Nurses, Other caring professionals

Objectives

  1. Explain the best practices in the professional relationship; informed consent, office policies and Hawaii limits on confidentiality.
  2. Discuss updates on HIPAA and Hawaii laws and regulations.
  3. Identify risk management strategies in clinical practice.
  4. Describe how to avoid litigation dilemmas, licensing complaints and malpractice actions.
  5. Summarize the Hawaii legal system to better your understanding.
  6. Outline the differences for treatment of minors.

Outline

Establishing the Professional Association: Scope and Limitations in the Clinician-Client Relationship

  • Law vs. ethics
  • Elements of legal informed consent
  • Nuts and bolts of office policies
    • Records vs. psychotherapy notes
    • What to put in a record
  • Limitations on confidentiality
    • Hawaii case law & danger to others
    • Hawaii duty to warn potential victims
  • HIPAA

Practical Approach to Risk Management

  • Elements of consent
  • Competence & scope of practice
  • Boundary violations/crossings
  • Issues with modern technology
    • Texting, cell phones, e-mail, video psychotherapy
  • Perils of supervision

Litigation

  • Licensing complaints & malpractice lawsuits
    • Hawaii specific statues
    • Hawaii rules and regulations
    • Case law and how to find it

Understanding the Legal System

  • Roles of attorneys
  • Confidentiality/privilege
  • Subpoena & disclosure of confidential information
  • Depositions, interrogatories, expert testimony

Treatment of Minors

  • Hawaii age of majority
  • Consent to treatment
  • Privilege/confidentiality
  • Separation & divorce

Case Studies

Copyright : 02/15/2017

Idaho Legal & Ethical Issues in Behavioral Health

Program Information

Objectives

  1. Ascertain the relationship between your mental health professional practice & family law as it relates to clients.
  2. Explore the legal and ethical considerations for the treatment of minor populations in Idaho with regard to age of consent, confidentiality and custody concerns.
  3. Evaluate the laws regarding confidentiality of mental health records for clients.
  4. Recognize ethical challenges you should consider when responding to subpoenas that request disclosure of client records.
  5. Communicate the basic civil commitment procedures in Idaho and determine the clinician’s role in each.
  6. Consider ethical dilemmas clinicians face surrounding boundary setting with clinical practice.

Outline

Mental Health Professionals & Family Law

  • Parental Rights
  • Legal and Physical Custody
  • Custodial Factors
  • Custody Evaluations
  • Expert vs. Fact Testimony
  • Child Abuse Allegations
  • Parental Alienation Syndrome
  • Deal with Minor’s Counsel
Minor’s Rights
  • Age of Majority
  • Access to Records
  • Minor’s Consent to Treatment
  • Right to Refuse Treatment
Confidentiality of Mental Health Records
  • When and to Whom Records Can Be Released
  • Mandatory Disclosures
  • Alcohol/Drug Records
  • HIV Records
  • HIPAA Update/Business Associate Agreement
Respond to Subpoenas and Court Orders
  • Confidentiality vs. Testimonial Privileges
  • Types of Subpoenas
  • Duty to Respond
  • Time Limits
  • Assert Confidentiality
  • Produce Documents
  • Limit the Amount of Disclosure
  • Motions to Quash
Administrative Disciplinary Proceedings
  • Codes of Ethics
  • Violations of State Laws/Regulations
  • Investigations by Regulatory Agency
  • Conflicts of Interest
  • Informed Consent
Professional Ethics, Boundary Issues and Legal Liability
  • Consent
  • Competency
  • Right to Refuse Medication
  • Restraints and Seclusion
  • Duty to Warn
  • Documentation

Target Audience

Addiction Counselors, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers, and other Mental Health Professionals.

Copyright : 01/20/2017

Illinois Legal and Ethical Issues in Behavioral Health

Program Information

Objectives

  1. Establish practices for ensuring HIPAA compliance to protect client’s privacy and minimize risk of litigation.
  2. Compare the different requirements for release of protected health information via subpoenas and court orders.
  3. Explore the legal and ethical considerations for the treatment of minor populations in Illinois with regard to age of consent, confidentiality and custody concerns.
  4. Differentiate between the processes for voluntary and involuntary commitment for treatment and determine the clinician’s role in each.
  5. Develop policies on ethical issues such as restraints, seclusion and informed consent.
  6. Designate the treatment provider’s responsibilities relating to mental health issues and duty to warn law in Illinois.

Outline

Overview/Confidentiality of Mental Health Records

  • When and to Whom Records Can Be Released
  • Mandatory Disclosure Requirements
  • Alcohol/Drug and AIDS/HIV Treatment Records
  • Necessary Documentation

HIPAA 101 - Federal Confidentiality Regulations

  • What Is HIPAA Today?
  • How Do I Comply with the Regulations?
  • What Are “Psychotherapy Notes”?
  • When May I Release Records?
  • How Much Paperwork Will This Be for My Office?

Responding to Subpoenas, Court Orders and Law Enforcement

  • Subpoenas; Types of Subpoenas; Duty to Respond; Time Limits
  • Search Warrants & Court Orders
  • Authority to Obtain Information
  • Investigations
  • Development of Policies and Procedures to Respond

Balancing the Rights of Minors & Parents

  • Minors’ Rights
  • Age of Majority
  • Access to Records
  • Rights of Minors to Refuse/Consent to Medication and Treatment
  • Alcohol, Drug Abuse and Treatment Issues for Minors
  • Parental Rights
  • Custodial and Divorce Factors
  • Child Abuse Allegations
  • Custodial vs. Non-Custodial Parent’s Rights to Records

Voluntary and Involuntary Mental Health Commitments

  • Reasons to Use a Voluntary Commitment or an Involuntary Commitment
  • Grounds for an Involuntary Commitment: Dangerousness (as Defined by Statute)
  • Mental Illness
  • Procedures

Professional Ethics and Boundary Issues

  • Consent Elements and Competency Issues
  • Medication: Right to Refuse
  • Restraints and Seclusion
  • Individual’s Legal Rights
  • Informed Consent
  • Boundary Issues: Where the Lines Are Blurred
  • Prescribing Practices
  • Board of Health Professionals Investigation - Disciplinary Proceedings

Legal Liabilities of the Professional

  • Duty to Warn Issues
  • Professional Obligations and Standards
  • Fraud & Abuse Issues
  • Billing & Coding Errors
  • Documentation
  • Compliance with Contradictory Laws

Target Audience

Addiction Counselors, Case Managers, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers, and other Mental Health Professionals

Copyright : 11/08/2016

Indiana Legal and Ethical Issues for Mental Health Clinicians

Program Information

Objectives

  1. Communicate how to avoid litigation dilemmas, licensing complaints and malpractice actions.
  2. Explore the legal and ethical considerations for the treatment of minor populations in Indiana with regard to age of consent, confidentiality and custody concerns.
  3. Communicate how an understanding of common boundary and dual relationship issues/dilemmas can help you maintain appropriate relationships with your clients.
  4. Recognize ethical challenges you should consider when responding to subpoenas that request disclosure of client records.
  5. Analyze the limits of confidentiality as it relates to duty to warn law in Indiana.
  6. Articulate how risk management strategies regarding technology can keep client information secure and avoid violating HIPAA.

Outline

Clinician-Client Relationship

  • Law vs. ethics
  • Elements of legal informed consent
  • Nuts and bolts of office policies
    1. Records vs. psychotherapy notes
    2. What to put in a record
  • Limitations on confidentiality
    1. Indiana case law & danger to others
    2. Indiana duty to warn potential victims
  • HIPAA
    1. The latest updates you need to you

Practical Approach to Risk Management

  • Elements of consent
  • Competence & scope of practice
  • Boundary violations/crossings
  • Issues with modern technology
    1. Texting, cell phones, e-mail, video psychotherapy
  • Perils of supervision

Litigation

  • Licensing complaints & malpractice lawsuits
    1. Indiana specific statues
    2. Indiana rules and regulations
    3. Case law and how to find it

Navigating the Legal System

  • Roles of attorneys
  • Confidentiality/privilege
  • Subpoena & disclosure of confidential information
  • Depositions, interrogatories, expert testimony

Treatment of Minors

  • Indiana age of majority
  • Consent to treatment
  • Privilege/confidentiality
  • Separation & divorce

Case Studies

Target Audience

Addiction Counselors, Case Managers, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers and other Mental Health Professionals.

Copyright : 04/07/2017

Iowa Legal and Ethical Issues for Mental Health Clinicians

Program Information

Objectives

  1. Communicate how to avoid litigation dilemmas, licensing complaints and malpractice actions.
  2. Explore the legal and ethical considerations for the treatment of minor populations in Iowa with regard to age of consent, confidentiality and custody concerns.
  3. Communicate how an understanding of common boundary and dual relationship issues/dilemmas can help you maintain appropriate relationships with your clients.
  4. Recognize ethical challenges you should consider when responding to subpoenas that request disclosure of client records.
  5. Analyze the limits of confidentiality as it relates to duty to warn law in Iowa.
  6. Articulate how risk management strategies regarding technology can keep client information secure and avoid violating HIPAA.

Outline

Clinician-Client Relationship

  • Law vs. ethics
  • Elements of legal informed consent
  • Nuts and bolts of office policies
    1. Records vs. psychotherapy notes
    2. What to put in a record
  • Limitations on confidentiality
    1. Iowa case law & danger to others
    2. Iowa duty to warn potential victims
  • HIPAA
    1. The latest updates you need to you

Practical Approach to Risk Management

  • Elements of consent
  • Competence & scope of practice
  • Boundary violations/crossings
  • Issues with modern technology
    1. Texting, cell phones, e-mail, video psychotherapy
  • Perils of supervision

Litigation

  • Licensing complaints & malpractice lawsuits
    1. Iowa specific statues
    2. Iowa rules and regulations
    3. Case law and how to find it

Navigating the Legal System

  • Roles of attorneys
  • Confidentiality/privilege
  • Subpoena & disclosure of confidential information
  • Depositions, interrogatories, expert testimony

Treatment of Minors

  • Iowa age of majority
  • Consent to treatment
  • Privilege/confidentiality
  • Separation & divorce

Case Studies

Target Audience

Addiction Counselors, Case Managers, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers, and other Mental Health Professionals.

Copyright : 03/29/2017

Kansas Legal and Ethical Issues for Mental Health Clinicians

OUTLINE

Clinician-Client Relationship

  • Law vs. ethics
  • Elements of legal informed consent
  • Nuts and bolts of office policies
    • Records vs. psychotherapy notes
    • What to put in a record
  • Limitations on confidentiality
    • Kansas case law & danger to others
    • Kansas duty to warn potential victims
  • HIPAA
    • The latest updates you need to know

Practical Approach to Risk Management

  • Elements of consent
  • Competence & scope of practice
  • Boundary violations/crossings
  • Issues with modern technology
    • Texting, cell phones, e-mail, video psychotherapy
  • Perils of supervision

Litigation

  • Licensing complaints & malpractice lawsuits
    • Kansas specific statues
    • Kansas rules and regulations
    • Case law and how to find it

Navigate the Legal System

  • Roles of attorneys
  • Confidentiality/privilege
  • Subpoena & disclosure of confidential information
  • Depositions, interrogatories, expert testimony

Treatment of Minors

  • Kansas age of majority
  • Consent to treatment
  • Privilege/confidentiality
  • Separation & divorce

Case Studies

OBJECTIVES

  • Explain the best practices in the professional relationship; informed consent, office policies and Kansas limits on confidentiality.
  • Discuss updates on HIPAA and Kansas laws and regulations.
  • Identify risk management strategies in clinical practice.
  • Describe how to avoid litigation dilemmas, licensing complaints and malpractice actions.
  • Summarize the Kansas legal system to better your understanding.
  • Outline the differences for treatment of minors.

Program Information

Target Audience

Addiction Counselors, Case Managers, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers and other Mental Health Professionals

Copyright : 09/20/2016

Kentucky Legal and Ethical Issues in Behavioral Health

OUTLINE

Overview/Confidentiality of Mental Health Records

  • When and to Whom Records Can Be Released
  • Mandatory Disclosure Requirements
  • Alcohol/Drug and AIDS/HIV Treatment Records
  • Necessary Documentation

HIPAA 101 - Federal Confidentiality Regulations

  • What Is HIPAA Today?
  • How Do I Comply with the Regulations?
  • What Are “Psychotherapy Notes”?
  • When May I Release Records?
  • How Much Paperwork Will This Be for My Office?

Responding to Subpoenas, Court Orders and Law Enforcement

  • Subpoenas; Types of Subpoenas; Duty to Respond; Time Limits
  • Search Warrants & Court Orders
  • Authority to Obtain Information
  • Investigations
  • Development of Policies and Procedures to Respond

Balancing the Rights of Minors & Parents

  • Minors’ Rights
  • Age of Majority
  • Access to Records
  • Rights of Minors to Refuse/Consent to Medication and Treatment
  • Alcohol, Drug Abuse and Treatment Issues for Minors
  • Parental Rights
  • Custodial and Divorce Factors
  • Child Abuse Allegations
  • Custodial vs. Non-Custodial Parent’s Rights to Records

Voluntary and Involuntary Mental Health Commitments

  • Reasons to Use a Voluntary Commitment or an Involuntary Commitment
  • Grounds for an Involuntary Commitment: Dangerousness (as Defined by Statute)
  • Mental Illness
  • Procedures

Professional Ethics and Boundary Issues

  • Consent Elements and Competency Issues
  • Medication: Right to Refuse
  • Restraints and Seclusion
  • Individual’s Legal Rights
  • Informed Consent
  • Boundary Issues: Where the Lines Are Blurred
  • Prescribing Practices
  • Board of Health Professionals Investigation - Disciplinary Proceedings

Legal Liabilities of the Professional

  • Duty to Warn Issues
  • Professional Obligations and Standards
  • Fraud & Abuse Issues
  • Billing & Coding Errors
  • Documentation
  • Compliance with Contradictory Laws

OBJECTIVES

  1. Explain how to comply with HIPAA regulations.
  2. Describe the process for responding to subpoenas and court orders.
  3. Identify the rights of minors and parents in mental health treatment and legal determinations.
  4. Describe the role of the mental health professional in the commitment process.
  5. Develop policies on ethical issues such as restraints, seclusion and informed consent.
  6. Identify the treatment provider’s responsibilities relating to mental health issues and the legal duty to warn.

Program Information

Target Audience

Addiction Counselors, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers and other Mental Health Professionals.

Objectives

  1. Explain how to comply with HIPAA regulations.
  2. Describe the process for responding to subpoenas and court orders.
  3. Identify the rights of minors and parents in mental health treatment and legal determinations.
  4. Describe the role of the mental health professional in the commitment process.
  5. Develop policies on ethical issues such as restraints, seclusion and informed consent.
  6. Identify the treatment provider’s responsibilities relating to mental health issues and the legal duty to warn.

Outline

Overview/Confidentiality of Mental Health Records

  • When and to Whom Records Can Be Released
  • Mandatory Disclosure Requirements
  • Alcohol/Drug and AIDS/HIV Treatment Records
  • Necessary Documentation

HIPAA 101 - Federal Confidentiality Regulations

  • What Is HIPAA Today?
  • How Do I Comply with the Regulations?
  • What Are “Psychotherapy Notes”?
  • When May I Release Records?
  • How Much Paperwork Will This Be for My Office?

Responding to Subpoenas, Court Orders and Law Enforcement

  • Subpoenas; Types of Subpoenas; Duty to Respond; Time Limits
  • Search Warrants & Court Orders
  • Authority to Obtain Information
  • Investigations
  • Development of Policies and Procedures to Respond

Balancing the Rights of Minors & Parents

  • Minors’ Rights
  • Age of Majority
  • Access to Records
  • Rights of Minors to Refuse/Consent to Medication and Treatment
  • Alcohol, Drug Abuse and Treatment Issues for Minors
  • Parental Rights
  • Custodial and Divorce Factors
  • Child Abuse Allegations
  • Custodial vs. Non-Custodial Parent’s Rights to Records

Voluntary and Involuntary Mental Health Commitments

  • Reasons to Use a Voluntary Commitment or an Involuntary Commitment
  • Grounds for an Involuntary Commitment: Dangerousness (as Defined by Statute)
  • Mental Illness
  • Procedures

Professional Ethics and Boundary Issues

  • Consent Elements and Competency Issues
  • Medication: Right to Refuse
  • Restraints and Seclusion
  • Individual’s Legal Rights
  • Informed Consent
  • Boundary Issues: Where the Lines Are Blurred
  • Prescribing Practices
  • Board of Health Professionals Investigation - Disciplinary Proceedings

Legal Liabilities of the Professional

  • Duty to Warn Issues
  • Professional Obligations and Standards
  • Fraud & Abuse Issues
  • Billing & Coding Errors
  • Documentation
  • Compliance with Contradictory Laws

Copyright : 02/07/2017

Louisiana Legal and Ethical Issues in Behavioral Health

OUTLINE

Overview/Confidentiality of Mental Health Records

  • When and to Whom Records Can Be Released
  • Mandatory Disclosure Requirements
  • Alcohol/Drug and AIDS/HIV Treatment Records
  • Necessary Documentation

HIPAA 101 - Federal Confidentiality Regulations

  • What Is HIPAA Today?
  • How Do I Comply with the Regulations?
  • What Are “Psychotherapy Notes”?
  • When May I Release Records?
  • How Much Paperwork Will This Be for My Office?

Responding to Subpoenas, Court Orders and Law Enforcement

  • Subpoenas; Types of Subpoenas; Duty to Respond; Time Limits
  • Search Warrants & Court Orders
  • Authority to Obtain Information
  • Investigations
  • Development of Policies and Procedures to Respond

Balancing the Rights of Minors & Parents

  • Minors’ Rights
  • Age of Majority
  • Access to Records
  • Rights of Minors to Refuse/Consent to Medication and Treatment
  • Alcohol, Drug Abuse and Treatment Issues for Minors
  • Parental Rights
  • Custodial and Divorce Factors
  • Child Abuse Allegations
  • Custodial vs. Non-Custodial Parent’s Rights to Records

Voluntary and Involuntary Mental Health Commitments

  • Reasons to Use a Voluntary Commitment or an Involuntary Commitment
  • Grounds for an Involuntary Commitment: Dangerousness (as Defined by Statute)
  • Mental Illness
  • Procedures

Professional Ethics and Boundary Issues

  • Consent Elements and Competency Issues
  • Medication: Right to Refuse
  • Restraints and Seclusion
  • Individual’s Legal Rights
  • Informed Consent
  • Boundary Issues: Where the Lines Are Blurred
  • Prescribing Practices
  • Board of Health Professionals Investigation - Disciplinary Proceedings

Legal Liabilities of the Professional

  • Duty to Warn Issues
  • Professional Obligations and Standards
  • Fraud & Abuse Issues
  • Billing & Coding Errors
  • Documentation
  • Compliance with Contradictory Laws

OBJECTIVES

  1. Explain how to comply with HIPAA regulations.
  2. Describe the process for responding to subpoenas and court orders.
  3. Identify the rights of minors and parents in mental health treatment and legal determinations.
  4. Describe the role of the mental health professional in the commitment process.
  5. Develop policies on ethical issues such as restraints, seclusion and informed consent.
  6. Identify the treatment provider’s responsibilities relating to mental health issues and the legal duty to warn.

Program Information

Target Audience

Addiction Counselors, Case Managers, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers, and other Mental Health Professionals.

Copyright : 03/30/2017

Maine Legal and Ethical Issues for Mental Health Clinicians

Program Information

Objectives

  1. Communicate how to avoid litigation dilemmas, licensing complaints and malpractice actions.
  2. Explore the legal and ethical considerations for the treatment of minor populations in Maine with regard to age of consent, confidentiality and custody concerns.
  3. Communicate how an understanding of common boundary and dual relationship issues/dilemmas can help you maintain appropriate relationships with your clients.
  4. Recognize ethical challenges you should consider when responding to subpoenas that request disclosure of client records.
  5. Analyze the limits of confidentiality as it relates to duty to warn law in Maine.
  6. Articulate how risk management strategies regarding technology can keep client information secure and avoid violating HIPAA.

Outline

Clinician-Client Relationship

  • Law vs. ethics
  • Elements of legal informed consent
  • Nuts and bolts of office policies
    • Records vs. psychotherapy notes
    • What to put in a record
  • Limitations on confidentiality
    • Maine case law & danger to others
    • Maine duty to warn potential victims
  • HIPAA
    • The latest updates you need to know

Practical Approach to Risk Management

  • Elements of consent
  • Competence & scope of practice
  • Boundary violations/crossings
  • Issues with modern technology
    • Texting, cell phones, e-mail, video psychotherapy
  • Perils of supervision

Litigation

  • Licensing complaints & malpractice lawsuits
    • Maine-specific statues
    • Maine rules and regulations
    • Case law and how to find it

Navigate the Legal System

  • Roles of attorneys
  • Confidentiality/privilege
  • Subpoena & disclosure of confidential information
  • Depositions, interrogatories, expert testimony

Treatment of Minors

  • Maine age of majority
  • Consent to treatment
  • Privilege/confidentiality
  • Separation & divorce

Case Studies

Target Audience

Addiction Counselors, Case Managers, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers and other Mental Health Professionals

Copyright : 04/12/2017

Maryland Ethical Principles in the Practice of Mental Health Professionals

Program Information

Objectives

  1. Identify specific state and administrative laws that are pertinent to establishing and maintaining an ethical clinical practice.
  2. Determine potential nonsexual boundary violations.
  3. Explain which notes, documents, reports, forms, and clinical data constitute an official medical record.
  4. Evaluate your current record-keeping practices in order to ensure compliance with ethical and legal requirements.
  5. List the treatment provider’s responsibilities relating to mental health issues and duty to warn law.
  6. Analyze the legal and ethical considerations for the treatment of minor populations with regard to age of consent, confidentiality and custody concerns.

Outline

Understand the Legal System

  • Statutes
  • Rules and regulations
  • Case law
  • Finding the law
Legal Exposure
  • Criminal liability
  • Civil liability
  • Licensing complaints
  • Organization complaints
Establish the Treatment Relationship
  • The professional relationship
  • The legal and ethical principle of informed consent
  • Informed consent as part of the treatment modality
  • Use of and reliance upon written consent forms
Record Keeping Practices
  • Record keeping regulations
  • Items which constitute the record, personal notes vs. charting, raw data, computer printouts and third party records
  • Access to records by written requests, subpoenas and court orders
The Ethics of Duty to Warn
  • Duty to warn potential third-party victims
  • Review of specific Maryland case law governing danger to others
  • A clinical approach to the duty to protect
Treatment of Minors
  • Age of majority
  • Consent to treatment and access to records
  • Clinical implications in the treatment of the older adolescent
  • Treatment of minors in situations of family separation and divorce
Non-Sexual Boundary Violations
  • Email correspondence and cell phone contacts
  • Treatment vs. advocacy for patients
  • Professional contacts with attorneys and the legal profession
  • In-court expert testimony

Target Audience

Addiction Counselors, Case Managers, Marriage & Family Therapists, Nurses, Psychologists, Social Workers, and other Mental Health Professionals

Copyright : 09/22/2016

Massachusetts Ethical Principles in the Practice of Mental Health Professionals

OUTLINE

Understand the Legal System

  • Statutes
  • Rules and regulations
  • Case law
  • Finding the law

Legal Exposure

  • Criminal liability
  • Civil liability
  • Licensing complaints
  • Organization complaints

Establish the Treatment Relationship

  • The professional relationship
  • The legal and ethical principle of informed consent
  • Informed consent as part of the treatment modality
  • Use of and reliance upon written consent forms

Record Keeping Practices

  • Record keeping regulations
  • Items which constitute the record, personal notes vs. charting, raw data, computer printouts and third party records
  • Access to records by written requests, subpoenas and court orders

The Ethics of Duty to Warn

  • Duty to warn potential third-party victims
  • Review of specific Massachusetts case law governing danger to others
  • A clinical approach to the duty to protect

Treatment of Minors

  • Age of majority
  • Consent to treatment and access to records
  • Clinical implications in the treatment of the older adolescent
  • Treatment of minors in situations of family separation and divorce

Non-Sexual Boundary Violations

  • Email correspondence and cell phone contacts
  • Treatment vs. advocacy for patients
  • Professional contacts with attorneys and the legal profession
  • In-court expert testimony

OBJECTIVES

  • Identify state and administrative laws that impact clinical practice.
  • Explain the ethical and legal principle of informed consent.
  • Identify the notes, documents, reports, forms, and clinical data that constitute the record.
  • Evaluate current record keeping practices.
  • Discuss how to comply with third party requests for records.
  • Discuss the consent necessary to treat minors and release records of minor’s.

Program Information

Target Audience

Psychologists, Counselors, Social Workers, Addiction Counselors, Marriage & Family Therapists, Nurses, and other Mental Health Professionals

Objectives

  • Identify state and administrative laws that impact clinical practice.
  • Explain the ethical and legal principle of informed consent.
  • Identify the notes, documents, reports, forms, and clinical data that constitute the record.
  • Evaluate current record keeping practices.
  • Discuss how to comply with third party requests for records.
  • Discuss the consent necessary to treat minors and release records of minor’s.

Outline

Understand the Legal System

  • Statutes
  • Rules and regulations
  • Case law
  • Finding the law

Legal Exposure

  • Criminal liability
  • Civil liability
  • Licensing complaints
  • Organization complaints

Establish the Treatment Relationship

  • The professional relationship
  • The legal and ethical principle of informed consent
  • Informed consent as part of the treatment modality
  • Use of and reliance upon written consent forms

Record Keeping Practices

  • Record keeping regulations
  • Items which constitute the record, personal notes vs. charting, raw data, computer printouts and third party records
  • Access to records by written requests, subpoenas and court orders

The Ethics of Duty to Warn

  • Duty to warn potential third-party victims
  • Review of specific Massachusetts case law governing danger to others
  • A clinical approach to the duty to protect

Treatment of Minors

  • Age of majority
  • Consent to treatment and access to records
  • Clinical implications in the treatment of the older adolescent
  • Treatment of minors in situations of family separation and divorce

Non-Sexual Boundary Violations

  • Email correspondence and cell phone contacts
  • Treatment vs. advocacy for patients
  • Professional contacts with attorneys and the legal profession
  • In-court expert testimony

Copyright : 03/27/2014

Michigan Legal and Ethical Issues for Mental Health Clinicians

Program Information

Objectives

  1. Communicate how to avoid litigation dilemmas, licensing complaints and malpractice actions.
  2. Explore the legal and ethical considerations for the treatment of minor populations in Michigan with regard to age of consent, confidentiality and custody concerns.
  3. Communicate how an understanding of common boundary and dual relationship issues/dilemmas can help you maintain appropriate relationships with your clients.
  4. Recognize ethical challenges you should consider when responding to subpoenas that request disclosure of client records.
  5. Analyze the limits of confidentiality as it relates to duty to warn law in Michigan.
  6. Articulate how risk management strategies regarding technology can keep client information secure and avoid violating HIPAA.

Outline

Clinician-Client Relationship

  • Law vs. ethics
  • Elements of legal informed consent
  • Nuts and bolts of office policies
    • Records vs. psychotherapy notes
    • What to put in a record
  • Limitations on confidentiality
    • Michigan case law & danger to others
    • Michigan duty to warn potential victims
  • HIPAA
    • The latest updates you need to know

Practical Approach to Risk Management

  • Elements of consent
  • Competence & scope of practice
  • Boundary violations/crossings
  • Issues with modern technology
    • Texting, cell phones, e-mail, video psychotherapy
  • Perils of supervision

Litigation

  • Licensing complaints & malpractice lawsuits
    • Michigan-specific statues
    • Michigan rules and regulations
    • Case law and how to find it

Navigate the Legal System

  • Roles of attorneys
  • Confidentiality/privilege
  • Subpoena & disclosure of confidential information
  • Depositions, interrogatories, expert testimony

Treatment of Minors

  • Michigan age of majority
  • Consent to treatment
  • Privilege/confidentiality
  • Separation & divorce

Case Studies

Target Audience

Addiction Counselors, Case Managers, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers and other Mental Health Professionals

Copyright : 10/25/2016

Minnesota Legal and Ethical Issues for Mental Health Clinicians

Program Information

Objectives

  1. Communicate how to avoid litigation dilemmas, licensing complaints and malpractice actions.
  2. Explore the legal and ethical considerations for the treatment of minor populations in Minnesota with regard to age of consent, confidentiality and custody concerns.
  3. Communicate how an understanding of common boundary and dual relationship issues/dilemmas can help you maintain appropriate relationships with your clients.
  4. Recognize ethical challenges you should consider when responding to subpoenas that request disclosure of client records.
  5. Analyze the limits of confidentiality as it relates to duty to warn law in Minnesota.
  6. Articulate how risk management strategies regarding technology can keep client information secure and avoid violating HIPAA.

Outline

  • Law vs. ethics
  • Elements of legal informed consent
  • Nuts and bolts of office policies
    1. Records vs. psychotherapy notes
    2. What to put in a record
  • Limitations on confidentiality
    1. Minnesota case law & danger to others
    2. Minnesota duty to warn potential victims
  • HIPAA


Practical Approach to Risk Management

  • Elements of consent
  • Competence & scope of practice
  • Boundary violations/crossings
  • Issues with modern technology
    1. Texting, cell phones, e-mail, video psychotherapy
  • Perils of supervision


Litigation

  • Licensing complaints & malpractice lawsuits
    1. Minnesota specific statues
    2. Minnesota rules and regulations
    3. Case law and how to find it


Understanding the Legal System

  • Roles of attorneys
  • Confidentiality/privilege
  • Subpoena & disclosure of confidential information
  • Depositions, interrogatories, expert testimony


Treatment of Minors

  • Minnesota age of majority
  • Consent to treatment
  • Privilege/confidentiality
  • Separation & divorce


Case Studies

Target Audience

Psychologists, Counselors, Social Workers, Case Managers, Addiction Counselors, Marriage & Family Therapists, Nurses, and other Mental Health Professionals

Copyright : 06/03/2016

Mississippi Legal and Ethical Issues in Behavioral Health

Program Information

Objectives

  1. Establish practices for ensuring HIPAA compliance to protect client’s privacy and minimize risk of litigation.
  2. Compare the different requirements for release of protected health information via subpoenas and court orders.
  3. Explore the legal and ethical considerations for the treatment of minor populations in Mississippi with regard to age of consent, confidentiality and custody concerns.
  4. Differentiate between the processes for voluntary and involuntary commitment for treatment and determine the clinician’s role in each.
  5. Develop policies on ethical issues such as restraints, seclusion and informed consent.
  6. Designate the treatment provider’s responsibilities relating to mental health issues and duty to warn law in Mississippi.

Outline

Overview/Confidentiality of Mental Health Records

  • When and to Whom Records Can Be Released
  • Mandatory Disclosure Requirements
  • Alcohol/Drug and AIDS/HIV Treatment Records
  • Necessary Documentation

HIPAA 101 - Federal Confidentiality Regulations

  • What Is HIPAA Today?
  • How Do I Comply with the Regulations?
  • What Are “Psychotherapy Notes”?
  • When May I Release Records?
  • How Much Paperwork Will This Be for My Office?

Responding to Subpoenas, Court Orders and Law Enforcement

  • Subpoenas; Types of Subpoenas; Duty to Respond; Time Limits
  • Search Warrants & Court Orders
  • Authority to Obtain Information
  • Investigations
  • Development of Policies and Procedures to Respond

Balancing the Rights of Minors & Parents

  • Minors’ Rights
  • Age of Majority
  • Access to Records
  • Rights of Minors to Refuse/Consent to Medication and Treatment
  • Alcohol, Drug Abuse and Treatment Issues for Minors
  • Parental Rights
  • Custodial and Divorce Factors
  • Child Abuse Allegations
  • Custodial vs. Non-Custodial Parent’s Rights to Records

Voluntary and Involuntary Mental Health Commitments

  • Reasons to Use a Voluntary Commitment or an Involuntary Commitment
  • Grounds for an Involuntary Commitment: Dangerousness (as Defined by Statute)
  • Mental Illness
  • Procedures

Professional Ethics and Boundary Issues

  • Consent Elements and Competency Issues
  • Medication: Right to Refuse
  • Restraints and Seclusion
  • Individual’s Legal Rights
  • Informed Consent
  • Boundary Issues: Where the Lines Are Blurred
  • Prescribing Practices
  • Board of Health Professionals Investigation - Disciplinary Proceedings

Legal Liabilities of the Professional

  • Duty to Warn Issues
  • Professional Obligations and Standards
  • Fraud & Abuse Issues
  • Billing & Coding Errors
  • Documentation
  • Compliance with Contradictory Laws

Target Audience

Addiction Counselors, Case Managers, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers, and other Mental Health Professionals.

Copyright : 03/16/2017

Missouri Legal and Ethical Issues in Behavioral Health

OUTLINE

Overview/Confidentiality of Mental Health Records

  • When and to Whom Records Can Be Released
  • Mandatory Disclosure Requirements
  • Alcohol/Drug and AIDS/HIV Treatment Records
  • Necessary Documentation

HIPAA 101 - Federal Confidentiality Regulations

  • What Is HIPAA Today?
  • How Do I Comply with the Regulations?
  • What Are “Psychotherapy Notes”?
  • When May I Release Records?
  • How Much Paperwork Will This Be for My Office?

Responding to Subpoenas, Court Orders and Law Enforcement

  • Subpoenas; Types of Subpoenas; Duty to Respond; Time Limits
  • Search Warrants & Court Orders
  • Authority to Obtain Information
  • Investigations
  • Development of Policies and Procedures to Respond

Balancing the Rights of Minors & Parents

  • Minors’ Rights
  • Age of Majority
  • Access to Records
  • Rights of Minors to Refuse/Consent to Medication and Treatment
  • Alcohol, Drug Abuse and Treatment Issues for Minors
  • Parental Rights
  • Custodial and Divorce Factors
  • Child Abuse Allegations
  • Custodial vs. Non-Custodial Parent’s Rights to Records

Voluntary and Involuntary Mental Health Commitments

  • Reasons to Use a Voluntary Commitment or an Involuntary Commitment
  • Grounds for an Involuntary Commitment: Dangerousness (as Defined by Statute)
  • Mental Illness
  • Procedures

Professional Ethics and Boundary Issues

  • Consent Elements and Competency Issues
  • Medication: Right to Refuse
  • Restraints and Seclusion
  • Individual’s Legal Rights
  • Informed Consent
  • Boundary Issues: Where the Lines Are Blurred
  • Prescribing Practices
  • Board of Health Professionals Investigation - Disciplinary Proceedings

Legal Liabilities of the Professional

  • Duty to Warn Issues
  • Professional Obligations and Standards
  • Fraud & Abuse Issues
  • Billing & Coding Errors
  • Documentation
  • Compliance with Contradictory Laws

OBJECTIVES

  1. Explain how to comply with HIPAA regulations.
  2. Describe the process for responding to subpoenas and court orders.
  3. Identify the rights of minors and parents in mental health treatment and legal determinations.
  4. Describe the role of the mental health professional in the commitment process.
  5. Develop policies on ethical issues such as restraints, seclusion and informed consent.
  6. Identify the treatment provider’s responsibilities relating to mental health issues and the legal duty to warn.

Program Information

Target Audience

Addiction Counselors, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers and other Mental Health Professionals

Copyright : 09/21/2016

Montana Legal and Ethical Issues for Mental Health Clinicians

Program Information

Objectives

  1. Communicate how to avoid litigation dilemmas, licensing complaints and malpractice actions.
  2. Explore the legal and ethical considerations for the treatment of minor populations in Montana with regard to age of consent, confidentiality and custody concerns.
  3. Communicate how an understanding of common boundary and dual relationship issues/dilemmas can help you maintain appropriate relationships with your clients.
  4. Recognize ethical challenges you should consider when responding to subpoenas that request disclosure of client records.
  5. Analyze the limits of confidentiality as it relates to duty to warn law in Montana.
  6. Articulate how risk management strategies regarding technology can keep client information secure and avoid violating HIPAA.

Outline

Clinician-Client Relationship

  • Law vs. ethics
  • Elements of legal informed consent
  • Nuts and bolts of office policies
    1. Records vs. psychotherapy notes
    2. What to put in a record
  • Limitations on confidentiality
    1. Montana case law & danger to others
    2. Montana duty to warn potential victims
  • HIPAA
    1. The latest updates you need to you
Practical Approach to Risk Management
  • Elements of consent
  • Competence & scope of practice
  • Boundary violations/crossings
  • Issues with modern technology
    1. Texting, cell phones, e-mail, video psychotherapy
  • Perils of supervision
Litigation
  • Licensing complaints & malpractice lawsuits
    1. Montana specific statues
    2. Montana rules and regulations
    3. Case law and how to find it
Navigating the Legal System
  • Roles of attorneys
  • Confidentiality/privilege
  • Subpoena & disclosure of confidential information
  • Depositions, interrogatories, expert testimony
Treatment of Minors
  • Montana age of majority
  • Consent to treatment
  • Privilege/confidentiality
  • Separation & divorce
Case Studies

Target Audience

Addiction Counselors, Case Managers, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers, and other Mental Health Professionals

Copyright : 10/14/2016

Nebraska Legal and Ethical Issues for Mental Health Clinicians

Program Information

Objectives

  1. Communicate how to avoid litigation dilemmas, licensing complaints and malpractice actions.
  2. Explore the legal and ethical considerations for the treatment of minor populations in Nebraska with regard to age of consent, confidentiality and custody concerns.
  3. Communicate how an understanding of common boundary and dual relationship issues/dilemmas can help you maintain appropriate relationships with your clients.
  4. Recognize ethical challenges you should consider when responding to subpoenas that request disclosure of client records.
  5. Analyze the limits of confidentiality as it relates to duty to warn law in Nebraska.
  6. Articulate how risk management strategies regarding technology can keep client information secure and avoid violating HIPAA.

Outline

Clinician-Client Relationship

  • Law vs. ethics
  • Elements of legal informed consent
  • Nuts and bolts of office policies
    1. Records vs. psychotherapy notes
    2. What to put in a record
  • Limitations on confidentiality
    1. Nebraska case law & danger to others
    2. Nebraska duty to warn potential victims
  • HIPAA
    1. The latest updates you need to you
Practical Approach to Risk Management
  • Elements of consent
  • Competence & scope of practice
  • Boundary violations/crossings
  • Issues with modern technology
    1. Texting, cell phones, e-mail, video psychotherapy
  • Perils of supervision
Litigation
  • Licensing complaints & malpractice lawsuits
    1. Nebraska specific statues
    2. Nebraska rules and regulations
    3. Case law and how to find it
Navigating the Legal System
  • Roles of attorneys
  • Confidentiality/privilege
  • Subpoena & disclosure of confidential information
  • Depositions, interrogatories, expert testimony
Treatment of Minors
  • Nebraska age of majority
  • Consent to treatment
  • Privilege/confidentiality
  • Separation & divorce
Case Studies

Target Audience

Addiction Counselors, Case Managers, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers, and other Mental Health Professionals

Copyright : 03/08/2016

Nevada Legal and Ethical Issues for Mental Health Clinicians

Program Information

Objectives

  1. Communicate how to avoid litigation dilemmas, licensing complaints and malpractice actions.
  2. Explore the legal and ethical considerations for the treatment of minor populations in Nevada with regard to age of consent, confidentiality and custody concerns.
  3. Communicate how an understanding of common boundary and dual relationship issues/dilemmas can help you maintain appropriate relationships with your clients.
  4. Recognize ethical challenges you should consider when responding to subpoenas that request disclosure of client records.
  5. Analyze the limits of confidentiality as it relates to duty to warn law in Nevada.
  6. Articulate how risk management strategies regarding technology can keep client information secure and avoid violating HIPAA.

Outline

Clinician-Client Relationship

  • Law vs. ethics
  • Elements of legal informed consent
  • Nuts and bolts of office policies
    • Records vs. psychotherapy notes
    • What to put in a record
  • Limitations on confidentiality
    • Nevada case law & danger to others
    • Nevada duty to warn potential victims
  • HIPAA
    • The latest updates you need to know
    Practical Approach to Risk Management
    • Elements of consent
    • Competence & scope of practice
    • Boundary violations/crossings
    • Issues with modern technology
      • Texting, cell phones, e-mail, video psychotherapy
    • Perils of supervision
    Litigation
    • Licensing complaints & malpractice lawsuits
      • Nevada specific statues
      • Nevada rules and regulations
      • Case law and how to find it
    Navigate the Legal System
    • Roles of attorneys
    • Confidentiality/privilege
    • Subpoena & disclosure of confidential information
    • Depositions, interrogatories, expert testimony
    Treatment of Minors
    • Nevada age of majority
    • Consent to treatment
    • Privilege/confidentiality
    • Separation & divorce
    Case Studies

Target Audience

Addiction Counselors, Case Managers, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers, and other Mental Health Professionals

Copyright : 02/19/2016

New Hampshire Legal & Ethical Issues in Behavioral Health

Program Information

Objectives

  1. Discuss access to patient records relating to confidentiality.
  2. Describe the process for responding to subpoenas and court orders and explain how to comply with HIPAA regulations.
  3. Explore the legal and ethical considerations for the treatment of minor populations in New Hampshire with regard to age of consent, confidentiality and custody concerns.
  4. Differentiate between the processes for voluntary and involuntary commitment for treatment and determine the clinician’s role in each.
  5. Develop policies on ethical issues such as competency issues, rights to refuse medication and informed consent.
  6. Designate the treatment provider’s responsibilities relating to mental health issues and the legal duty to warn law in New Hampshire.

Outline

Confidentiality of Records

  • HIPAA Privacy Rules and Effect on State law
  • Disclosure Requirements
  • Mandatory Reporting Requirements
  • Consequences of Improper Reporting and Disclosure

HIPAA Compliance

  • Releases for Treatment, Payment, and Healthcare Operations
  • Notice of Privacy Practices
  • Authorizations
  • Business Associates
  • Psychotherapy Notes
  • The HI TECH Act

Responding to Subpoenas, Court Orders, and Law Enforcement Personnel

  • Subpoenas:
    • Types of Subpoenas, Duty to Respond, Time Limits
  • Court Orders:
    • Duty to Respond, Search Warrants
  • Law Enforcement:
    • Authority to Obtain Information, Investigations, Development of Policies and Procedures to Respond

HIPAA 101 - Revised Federal Confidentiality Regulations

  • What Is HIPAA Today?
  • How Do I Comply with the Revised Regulations?
  • What Are “Psychotherapy Notes”?
  • When May I Release Records?
  • How Much Paperwork Will This be for My Office?

Balancing the Rights of Minors & Parents

  • Minors' Rights
  • Age of Majority
  • Access to Records
  • Rights of Minors to Refuse/Consent to Medication and Treatment
  • Alcohol, Drug Abuse and Treatment Issues for Minors
  • Parental Rights
  • Custodial and Divorce Factors
  • Child Abuse Allegations
  • Custodial vs. Non-Custodial Parent’s Rights to Records

 

Voluntary and Involuntary Mental Health Commitments

  • Reasons to Use a Voluntary Commitment
  • Reasons to Use an Involuntary Commitment
  • Grounds for an Involuntary Commitment: Dangerousness (as Defined by Statute)
  • Procedures

Professional Ethics and Boundary Issues

  • Consent Elements and Competency Issues
  • Individual’s Legal Rights
  • Informed Consent
  • Boundary Issues: Where the Lines are Blurred
  • Board of Health Professionals Investigation - Disciplinary Proceedings

Legal Liabilities for the Professional

  • Duty to Warn Issues
  • Professional Obligations and Standards
  • Fraud & Abuse Issues
  • Billing & Coding Errors
  • Documentation

Target Audience

Addiction Counselors, Case Managers, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers, and other Mental Health Professionals

Copyright : 02/06/2015

New Jersey Ethical Principles in the Practice of Mental Health Professionals

Program Information

Objectives

  1. Determine specific state and administrative laws that are pertinent to establishing and maintaining an ethical clinical practice.
  2. Develop policies on ethical issues such as restraints, seclusion and informed consent.
  3. Determine which notes, documents, reports, forms, and clinical data constitute an official medical record in the state of New Jersey.
  4. Evaluate your current record-keeping practices in order to ensure compliance with ethical and legal requirements in the state of New Jersey.
  5. Designate the treatment provider’s responsibilities relating to mental health issues and duty to warn law in New Jersey.
  6. Explore the legal and ethical considerations for the treatment of minor populations in New Jersey with regard to age of consent, confidentiality and custody concerns.

Outline

Understand the Legal System

  • Statutes
  • Rules and regulations
  • Case law
  • Finding the law
Legal Exposure
  • Criminal liability
  • Civil liability
  • Licensing complaints
  • Organization complaints
Establish the Treatment Relationship
  • The professional relationship
  • The legal and ethical principle of informed consent
  • Informed consent as part of the treatment modality
  • Use of and reliance upon written consent forms
Record Keeping Practices
  • Record keeping regulations
  • Items which constitute the record, personal notes vs. charting, raw data, computer printouts and third party records
  • Access to records by written requests, subpoenas and court orders
The Ethics of Duty to Warn
  • Duty to warn potential third-party victims
  • Review of specific New Jersey case law governing danger to others
  • A clinical approach to the duty to protect
Treatment of Minors
  • Age of majority
  • Consent to treatment and access to records
  • Clinical implications in the treatment of the older adolescent
  • Treatment of minors in situations of family separation and divorce
Non-Sexual Boundary Violations
  • Email correspondence and cell phone contacts
  • Treatment vs. advocacy for patients
  • Professional contacts with attorneys and the legal profession
  • In-court expert testimony

Target Audience

Addiction Counselors, Case Managers, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers and other Mental Health Professionals

Copyright : 07/20/2016

New Mexico Legal and Ethical Issues in Behavioral Health

OUTLINE

Overview/Confidentiality of Mental Health Records

  • When and to Whom Records Can Be Released
  • Mandatory Disclosure Requirements
  • Alcohol/Drug and AIDS/HIV Treatment Records
  • Necessary Documentation

HIPAA 101 - Federal Confidentiality Regulations

  • What Is HIPAA Today?
  • How Do I Comply with the Regulations?
  • What Are “Psychotherapy Notes”?
  • When May I Release Records?
  • How Much Paperwork Will This Be for My Office?

Responding to Subpoenas, Court Orders and Law Enforcement

  • Subpoenas; Types of Subpoenas; Duty to Respond; Time Limits
  • Search Warrants & Court Orders
  • Authority to Obtain Information
  • Investigations
  • Development of Policies and Procedures to Respond

Balancing the Rights of Minors & Parents

  • Minors’ Rights
  • Age of Majority
  • Access to Records
  • Rights of Minors to Refuse/Consent to Medication and Treatment
  • Alcohol, Drug Abuse and Treatment Issues for Minors
  • Parental Rights
  • Custodial and Divorce Factors
  • Child Abuse Allegations
  • Custodial vs. Non-Custodial Parent’s Rights to Records

Voluntary and Involuntary Mental Health Commitments

  • Reasons to Use a Voluntary Commitment or an Involuntary Commitment
  • Grounds for an Involuntary Commitment: Dangerousness (as Defined by Statute)
  • Mental Illness
  • Procedures

Professional Ethics and Boundary Issues

  • Consent Elements and Competency Issues
  • Medication: Right to Refuse
  • Restraints and Seclusion
  • Individual’s Legal Rights
  • Informed Consent
  • Boundary Issues: Where the Lines Are Blurred
  • Prescribing Practices
  • Board of Health Professionals Investigation - Disciplinary Proceedings

Legal Liabilities of the Professional

  • Duty to Warn Issues
  • Professional Obligations and Standards
  • Fraud & Abuse Issues
  • Billing & Coding Errors
  • Documentation
  • Compliance with Contradictory Laws

OBJECTIVES

  • Explain how to comply with HIPAA regulations.
  • Describe the process for responding to subpoenas and court orders.
  • Identify the rights of minors and parents in mental health treatment and legal determinations.
  • Describe the role of the mental health professional in the commitment process.
  • Develop policies on ethical issues such as restraints, seclusion and informed consent.
  • Identify the treatment provider’s responsibilities relating to mental health issues and the legal duty to warn.

Program Information

Target Audience

Addiction Counselors, Case Managers, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers, and other Mental Health Professionals

Objectives

  • Explain how to comply with HIPAA regulations.
  • Describe the process for responding to subpoenas and court orders.
  • Identify the rights of minors and parents in mental health treatment and legal determinations.
  • Describe the role of the mental health professional in the commitment process.
  • Develop policies on ethical issues such as restraints, seclusion and informed consent.
  • Identify the treatment provider’s responsibilities relating to mental health issues and the legal duty to warn.

Outline

Overview/Confidentiality of Mental Health Records

  • When and to Whom Records Can Be Released
  • Mandatory Disclosure Requirements
  • Alcohol/Drug and AIDS/HIV Treatment Records
  • Necessary Documentation

HIPAA 101 - Federal Confidentiality Regulations

  • What Is HIPAA Today?
  • How Do I Comply with the Regulations?
  • What Are “Psychotherapy Notes”?
  • When May I Release Records?
  • How Much Paperwork Will This Be for My Office?

Responding to Subpoenas, Court Orders and Law Enforcement

  • Subpoenas; Types of Subpoenas; Duty to Respond; Time Limits
  • Search Warrants & Court Orders
  • Authority to Obtain Information
  • Investigations
  • Development of Policies and Procedures to Respond

Balancing the Rights of Minors & Parents

  • Minors’ Rights
  • Age of Majority
  • Access to Records
  • Rights of Minors to Refuse/Consent to Medication and Treatment
  • Alcohol, Drug Abuse and Treatment Issues for Minors
  • Parental Rights
  • Custodial and Divorce Factors
  • Child Abuse Allegations
  • Custodial vs. Non-Custodial Parent’s Rights to Records

Voluntary and Involuntary Mental Health Commitments

  • Reasons to Use a Voluntary Commitment or an Involuntary Commitment
  • Grounds for an Involuntary Commitment: Dangerousness (as Defined by Statute)
  • Mental Illness
  • Procedures

Professional Ethics and Boundary Issues

  • Consent Elements and Competency Issues
  • Medication: Right to Refuse
  • Restraints and Seclusion
  • Individual’s Legal Rights
  • Informed Consent
  • Boundary Issues: Where the Lines Are Blurred
  • Prescribing Practices
  • Board of Health Professionals Investigation - Disciplinary Proceedings

Legal Liabilities of the Professional

  • Duty to Warn Issues
  • Professional Obligations and Standards
  • Fraud & Abuse Issues
  • Billing & Coding Errors
  • Documentation
  • Compliance with Contradictory Laws

Copyright : 06/16/2016

New York Ethical Principles in the Practice of Mental Health Professionals

OUTLINE

Understand the Legal System

  • Statutes
  • Rules and regulations
  • Case law
  • Finding the law

Legal Exposure

  • Criminal liability
  • Civil liability
  • Licensing complaints
  • Organization complaints

Establish the Treatment Relationship

  • The professional relationship
  • The legal and ethical principle of informed consent
  • Informed consent as part of the treatment modality
  • Use of and reliance upon written consent forms

Record-Keeping Practices

  • Record-keeping regulations
  • Items which constitute the record, personal notes vs. charting, raw data, computer printouts and third-party records
  • Access to records by written requests, subpoenas and court orders

The Ethics of Duty to Warn

  • Duty to warn potential third-party victims
  • Review of specific New York case law governing danger to others
  • A clinical approach to the duty to protect

Treatment of Minors

  • Age of majority
  • Consent to treatment and access to records
  • Clinical implications in the treatment of the older adolescent
  • Treatment of minors in situations of family separation and divorce

Non-Sexual Boundary Violations

  • Email correspondence and cell phone contacts
  • Treatment vs. advocacy for patients
  • Professional contacts with attorneys and the legal profession
  • In-court expert testimony

OBJECTIVES

  1. Identify state and administrative laws that impact clinical practice.
  2. Explain the ethical and legal principle of informed consent.
  3. Identify the notes, documents, reports, forms, and clinical data that constitute the record.
  4. Evaluate current record-keeping practices.
  5. Discuss how to comply with third-party requests for records.
  6. Discuss the consent necessary to treat minors and release records of minors’.

Program Information

Target Audience

Addiction Counselors, Case Managers, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers and other Mental Health Professionals

Objectives

  1. Determine state and administrative laws that impact clinical practice.
  2. Apply the ethical and legal principle of informed consent.
  3. Analyze the notes, documents, reports, forms, and clinical data that constitute the record.
  4. Evaluate current record-keeping practices.
  5. Determine how to comply with third-party requests for records.
  6. Determine the consent necessary to treat minors and release records of minors’.

Outline

Understand the Legal System

  • Statutes
  • Rules and regulations
  • Case law
  • Finding the law

Legal Exposure

  • Criminal liability
  • Civil liability
  • Licensing complaints
  • Organization complaints

Establish the Treatment Relationship

  • The professional relationship
  • The legal and ethical principle of informed consent
  • Informed consent as part of the treatment modality
  • Use of and reliance upon written consent forms

Record-Keeping Practices

  • Record-keeping regulations
  • Items which constitute the record, personal notes vs. charting, raw data, computer printouts and third-party records
  • Access to records by written requests, subpoenas and court orders

The Ethics of Duty to Warn

  • Duty to warn potential third-party victims
  • Review of specific New York case law governing danger to others
  • A clinical approach to the duty to protect

Treatment of Minors

  • Age of majority
  • Consent to treatment and access to records
  • Clinical implications in the treatment of the older adolescent
  • Treatment of minors in situations of family separation and divorce

Non-Sexual Boundary Violations

  • Email correspondence and cell phone contacts
  • Treatment vs. advocacy for patients
  • Professional contacts with attorneys and the legal profession
  • In-court expert testimony

Copyright : 03/30/2016

North Carolina Ethical Principles in the Practice of Mental Health Professionals

Program Information

Objectives

  1. Identify specific state and administrative laws that are pertinent to establishing and maintaining an ethical clinical practice.
  2. Determine potential nonsexual boundary violations.
  3. Explain which notes, documents, reports, forms, and clinical data constitute an official medical record.
  4. Evaluate your current record-keeping practices in order to ensure compliance with ethical and legal requirements.
  5. List the treatment provider’s responsibilities relating to mental health issues and duty to warn law.
  6. Analyze the legal and ethical considerations for the treatment of minor populations with regard to age of consent, confidentiality and custody concerns.

Outline

Understand the Legal System

  • Statutes
  • Rules and regulations
  • Case law
  • Finding the law

Legal Exposure

  • Criminal liability
  • Civil liability
  • Licensing complaints
  • Organization complaints

Establish the Treatment Relationship

  • The professional relationship
  • The legal and ethical principle of informed consent
  • Informed consent as part of the treatment modality
  • Use of and reliance upon written consent forms

Record-Keeping Practices

  • Record-keeping regulations
  • Items which constitute the record, personal notes vs. charting, raw data, computer printouts and third-party records
  • Access to records by written requests, subpoenas and court orders

The Ethics of Duty to Warn

  • Duty to warn potential third-party victims
  • Review of specific North Carolina case law governing danger to others
  • A clinical approach to the duty to protect

Treatment of Minors

  • Age of majority
  • Consent to treatment and access to records
  • Clinical implications in the treatment of the older adolescent
  • Treatment of minors in situations of family separation and divorce

Non-Sexual Boundary Violations

  • Email correspondence and cell phone contacts
  • Treatment vs. advocacy for patients
  • Professional contacts with attorneys and the legal profession
  • In-court expert testimony

Objectives

  1. Identify specific state and administrative laws that are pertinent to establishing and maintaining an ethical clinical practice.
  2. Determine potential nonsexual boundary violations.
  3. Explain which notes, documents, reports, forms, and clinical data constitute an official medical record.
  4. Evaluate your current record-keeping practices in order to ensure compliance with ethical and legal requirements.
  5. List the treatment provider’s responsibilities relating to mental health issues and duty to warn law.
  6. Analyze the legal and ethical considerations for the treatment of minor populations with regard to age of consent, confidentiality and custody concerns.

Target Audience

  • Counselors
  • Social Workers
  • Psychologists
  • Case Managers
  • Addiction Counselors
  • Therapists
  • Marriage & Family Therapists
  • Nurses
  • Other Mental Health Professionals

Copyright : 04/29/2016

North Dakota Legal & Ethical Issues for Mental Health Clinicians

OUTLINE

Clinician-Client Relationship

  • Law vs. ethics
  • Elements of legal informed consent
  • Nuts and bolts of office policies
    • Records vs. psychotherapy notes
    • What to put in a record
  • Limitations on confidentiality
    • North Dakota case law & danger to others
    • North Dakota duty to warn potential victims
  • HIPAA
    • The latest updates you need to know

Practical Approach to Risk Management

  • Elements of consent
  • Competence & scope of practice
  • Boundary violations/crossings
  • Issues with modern technology
    • Texting, cell phones, e-mail, video psychotherapy
  • Perils of supervision

Litigation

  • Licensing complaints & malpractice lawsuits
    • North Dakota specific statues
    • North Dakota rules and regulations
    • Case law and how to find it

Navigate the Legal System

  • Roles of attorneys
  • Confidentiality/privilege
  • Subpoena & disclosure of confidential information
  • Depositions, interrogatories, expert testimony

Treatment of Minors

  • North Dakota age of majority
  • Consent to treatment
  • Privilege/confidentiality
  • Separation & divorce

Case Studies

OBJECTIVES

  1. Explain the best practices in the professional relationship; informed consent, office policies and North Dakota limits on confidentiality.
  2. Discuss updates on HIPAA and North Dakota laws and regulations.
  3. Identify risk management strategies in clinical practice.
  4. Describe how to avoid litigation dilemmas, licensing complaints and malpractice actions.
  5. Summarize the North Dakota legal system to better your understanding.
  6. Outline the differences for treatment of minors.

Program Information

Target Audience

Addiction Counselors, Case Managers, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers, and other Mental Health Professionals

Copyright : 11/18/2015

Ohio Legal and Ethical Issues for Mental Health Clinicians

OUTLINE

Clinician-Client Relationship

  • Law vs. ethics
  • Elements of legal informed consent
  • Nuts and bolts of office policies
    • Records vs. psychotherapy notes
    • What to put in a record
  • Limitations on confidentiality
    • Ohio case law & danger to others
    • Ohio duty to warn potential victims
  • HIPAA
    • The latest updates you need to know

Practical Approach to Risk Management

  • Elements of consent
  • Competence & scope of practice
  • Boundary violations/crossings
  • Issues with modern technology
    • Texting, cell phones, e-mail, video psychotherapy
  • Perils of supervision

Litigation

  • Licensing complaints & malpractice lawsuits
    • Ohio specific statues
    • Ohio rules and regulations
    • Case law and how to find it

Navigate the Legal System

  • Roles of attorneys
  • Confidentiality/privilege
  • Subpoena & disclosure of confidential information
  • Depositions, interrogatories, expert testimony

Treatment of Minors

  • Ohio age of majority
  • Consent to treatment
  • Privilege/confidentiality
  • Separation & divorce

Case Studies

OBJECTIVES

  • Explain the best practices in the professional relationship; informed consent, office policies and Ohio limits on confidentiality.
  • Discuss updates on HIPAA and Ohio laws and regulations.
  • Identify risk management strategies in clinical practice.
  • Describe how to avoid litigation dilemmas, licensing complaints and malpractice actions.
  • Summarize the Ohio legal system to better your understanding.
  • Outline the differences for treatment of minors.

Program Information

Target Audience

Counselors, Social Workers, Psychologists, Case Managers, Addiction Counselors, Therapists, Marriage & Family Therapists, Other Mental Health Professionals, Nurses

Objectives

  • Explain the best practices in the professional relationship; informed consent, office policies and Ohio limits on confidentiality.
  • Discuss updates on HIPAA and Ohio laws and regulations.
  • Identify risk management strategies in clinical practice.
  • Describe how to avoid litigation dilemmas, licensing complaints and malpractice actions.
  • Summarize the Ohio legal system to better your understanding.
  • Outline the differences for treatment of minors.

Outline

Clinician-Client Relationship

  • Law vs. ethics
  • Elements of legal informed consent
  • Nuts and bolts of office policies
    • Records vs. psychotherapy notes
    • What to put in a record
  • Limitations on confidentiality
    • Ohio case law & danger to others
    • Ohio duty to warn potential victims
  • HIPAA
    • The latest updates you need to know

Practical Approach to Risk Management

  • Elements of consent
  • Competence & scope of practice
  • Boundary violations/crossings
  • Issues with modern technology
    • Texting, cell phones, e-mail, video psychotherapy
  • Perils of supervision

Litigation

  • Licensing complaints & malpractice lawsuits
    • Ohio specific statues
    • Ohio rules and regulations
    • Case law and how to find it

Navigate the Legal System

  • Roles of attorneys
  • Confidentiality/privilege
  • Subpoena & disclosure of confidential information
  • Depositions, interrogatories, expert testimony

Treatment of Minors

  • Ohio age of majority
  • Consent to treatment
  • Privilege/confidentiality
  • Separation & divorce

Case Studies

Copyright : 11/19/2014

Oklahoma Legal and Ethical Issues for Mental Health Clinicians

OUTLINE

Clinician-Client Relationship

  • Law vs. ethics
  • Elements of legal informed consent
  • Nuts and bolts of office policies
    • Records vs. psychotherapy notes
    • What to put in a record
  • Limitations on confidentiality
    • Oklahoma case law & danger to others
    • Oklahoma duty to warn potential victims
  • HIPAA
    • The latest updates you need to know

Practical Approach to Risk Management

  • Elements of consent
  • Competence & scope of practice
  • Boundary violations/crossings
  • Issues with modern technology
    • Texting, cell phones, e-mail, video psychotherapy
  • Perils of supervision

Litigation

  • Licensing complaints & malpractice lawsuits
  • Oklahoma specific statues
  • Oklahoma rules and regulations
  • Case law and how to find it

Navigate the Legal System

  • Roles of attorneys
  • Confidentiality/privilege
  • Subpoena & disclosure of confidential information
  • Depositions, interrogatories, expert testimony

Treatment of Minors

  • Oklahoma age of majority
  • Consent to treatment
  • Privilege/confidentiality
  • Separation & divorce

Case Studies

OBJECTIVES

  • Explain the best practices in the professional relationship; informed consent, office policies and Oklahoma limits on confidentiality.
  • Discuss updates on HIPAA and Oklahoma laws and regulations.
  • Identify risk management strategies in clinical practice.
  • Describe how to avoid litigation dilemmas, licensing complaints and malpractice actions.
  • Summarize the Oklahoma legal system to better your understanding.
  • Outline the differences for treatment of minors.

Program Information

Target Audience

Addiction Counselors, Case Managers, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers, and other Mental Health Professionals

Copyright : 08/07/2015

Oregon Legal and Ethical Issues for Mental Health Clinicians

OUTLINE

Clinician-Client Relationship

  • Law vs. ethics
  • Elements of legal informed consent
  • Nuts and bolts of office policies
    • Records vs. psychotherapy notes
    • What to put in a record
  • Limitations on confidentiality
    • Oregon case law & danger to others
    • Oregon duty to warn potential victims
  • HIPAA
    • The latest updates you need to know

Practical Approach to Risk Management

  • Elements of consent
  • Competence & scope of practice
  • Boundary violations/crossings
  • Issues with modern technology
    • Texting, cell phones, e-mail, video psychotherapy
  • Perils of supervision

Litigation

  • Licensing complaints & malpractice lawsuits
    • Oregon specific statues
    • Oregon rules and regulations
    • Case law and how to find it

Navigate the Legal System

  • Roles of attorneys
  • Confidentiality/privilege
  • Subpoena & disclosure of confidential information
  • Depositions, interrogatories, expert testimony

Treatment of Minors

  • Oregon age of majority
  • Consent to treatment
  • Privilege/confidentiality
  • Separation & divorce

Case Studies

OBJECTIVES

  • Explain the best practices in the professional relationship; informed consent, office policies and Oregon limits on confidentiality.
  • Discuss updates on HIPAA and Oregon laws and regulations.
  • Identify risk management strategies in clinical practice.
  • Describe how to avoid litigation dilemmas, licensing complaints and malpractice actions.
  • Summarize the Oregon legal system to better your understanding.
  • Outline the differences for treatment of minors.

Program Information

Target Audience

Addiction Counselors, Case Managers, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers and other Mental Health Professionals

Copyright : 02/05/2016

Pennsylvania Ethical Principles in the Practice of Mental Health Professionals

OUTLINE

Understanding the Legal System

  • Statutes
  • Rules and regulations
  • Case law
  • Finding the law

Legal Exposure

  • Criminal liability
  • Civil liability
  • Licensing complaints
  • Organization complaints

Establishing the Treatment Relationship

  • The professional relationship
  • The legal and ethical principle of informed consent
  • Informed consent as part of the treatment modality
  • Use of and reliance upon written consent forms

Record Keeping Practices

  • Record keeping regulations
  • Items which constitute the record, personal notes vs. charting, raw data, computer printouts and third party records
  • Access to records by written requests, subpoenas and court orders

The Ethics of Duty to Warn

  • Duty to warn potential third-party victims
  • Review of specific Pennsylvania case law governing danger to others
  • A clinical approach to the duty to protect

Treatment of Minors

  • Age of majority
  • Consent to treatment and access to records
  • Clinical implications in the treatment of the older adolescent
  • Treatment of minors in situations of family separation and divorce

Non-Sexual Boundary Violations

  • E mail correspondence and cell phone contacts
  • Treatment vs. advocacy for patients
  • Professional contacts with attorneys and the legal profession
  • In-court expert testimony

OBJECTIVES

  • Identify state, and administrative laws that impact clinical practice.
  • Explain the ethical and legal principle of informed consent.
  • Identify the notes, documents, reports, forms, and clinical data that constitute the record.
  • Evaluate current record keeping practices.
  • Discuss how to comply with third party requests for records.
  • Discuss the consent necessary to treat minors and release records of minor’s.

Program Information

Target Audience

Addiction Counselors, Case Managers, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers, and other Mental Health Professionals

Outline

Understanding the Legal System

  • Statutes
  • Rules and regulations
  • Case law
  • Finding the law

Legal Exposure

  • Criminal liability
  • Civil liability
  • Licensing complaints
  • Organization complaints

Establishing the Treatment Relationship

  • The professional relationship
  • The legal and ethical principle of informed consent
  • Informed consent as part of the treatment modality
  • Use of and reliance upon written consent forms

Record Keeping Practices

  • Record keeping regulations
  • Items which constitute the record, personal notes vs. charting, raw data, computer printouts and third party records
  • Access to records by written requests, subpoenas and court orders

The Ethics of Duty to Warn

  • Duty to warn potential third-party victims
  • Review of specific Pennsylvania case law governing danger to others
  • A clinical approach to the duty to protect

Treatment of Minors

  • Age of majority
  • Consent to treatment and access to records
  • Clinical implications in the treatment of the older adolescent
  • Treatment of minors in situations of family separation and divorce

Non-Sexual Boundary Violations

  • E mail correspondence and cell phone contacts
  • Treatment vs. advocacy for patients
  • Professional contacts with attorneys and the legal profession
  • In-court expert testimony

 

Objectives

  1. Determine specific state and administrative laws that are pertinent to establishing and maintaining an ethical clinical practice.
  2. Determine which notes, documents, reports, forms, and clinical data constitute an official medical record in the state of Pennsylvania.
  3. Evaluate your current record-keeping practices in order to ensure compliance with ethical and legal requirements in the state of Pennsylvania.
  4. Designate the treatment provider’s responsibilities relating to mental health issues and duty to warn law in Pennsylvania.
  5. Analyze the legal and ethical considerations for the treatment of minor populations in Pennsylvania with regard to age of consent, confidentiality and custody concerns.
  6. Articulate issues related to the assessment, treatment and management of clients at risk to die from suicide.

Copyright : 10/27/2015

Rhode Island Ethical Principles in the Practice of Mental Health Professionals

OUTLINE

Understand the Legal System

  • Statutes
  • Rules and regulations
  • Case law
  • Finding the law

Legal Exposure

  • Criminal liability
  • Civil liability
  • Licensing complaints
  • Organization complaints

Establish the Treatment Relationship

  • The professional relationship
  • The legal and ethical principle of informed consent
  • Informed consent as part of the treatment modality
  • Use of and reliance upon written consent forms

Record-Keeping Practices

  • Record-keeping regulations
  • Items which constitute the record, personal notes vs. charting, raw data, computer printouts and third-party records
  • Access to records by written requests, subpoenas and court orders

The Ethics of Duty to Warn

  • Duty to warn potential third-party victims
  • Review of specific Rhode Island case law governing danger to others
  • A clinical approach to the duty to protect

Treatment of Minors

  • Age of majority
  • Consent to treatment and access to records
  • Clinical implications in the treatment of the older adolescent
  • Treatment of minors in situations of family separation and divorce

Non-Sexual Boundary Violations

  • Email correspondence and cell phone contacts
  • Treatment vs. advocacy for patients
  • Professional contacts with attorneys and the legal profession
  • In-court expert testimony

OBJECTIVES

  • Identify state and administrative laws that impact clinical practice.
  • Explain the ethical and legal principle of informed consent.
  • Identify the notes, documents, reports, forms, and clinical data that constitute the record.
  • Evaluate current record-keeping practices.
  • Discuss how to comply with third-party requests for records.
  • Discuss the consent necessary to treat minors and release records of minors’.

Program Information

Target Audience

Counselors, Social Workers, Psychologists, Case Managers, Addiction Counselors, Therapists, Marriage & Family Therapists, Other Mental Health Professionals, Nurses

Copyright : 03/25/2015

South Carolina Legal & Ethical Issues in Behavioral Health

Program Information

Objectives

  1. Discuss confidentiality related to HIPAA, behavioral health (including alcohol and drug), electronic medical records and privacy and security requirements.
  2. Describe the process for subpoenas and court orders for behavioral health records and how to respond, including court testimony.
  3. Identify the rights of minors in treatment, consent and legal determinations.
  4. Describe the role of the behavioral health professional in the emergency admission or civil commitment process.
  5. Develop policies consistent with legal, ethical and licensing requirements.
  6. Discuss a behavioral health professional’s Duty to Report, Protect and/or Warn .

Outline

HIPAA Privacy & Security

  • Overview of HIPAA Privacy Rules
  • HITECH Security Breach notification requirements

Confidentiality of Mental Health and Alcohol and Drug Program Records

  • When other federal and state privacy laws are more restrictive than HIPAA
  • Disclosures which require patient consent and those which do not
  • Abuse, neglect or exploitation reporting and other mandatory disclosures

Responding to Subpoenas, Court Orders & Law Enforcement

  • Types of subpoenas; Duty to Respond
  • Types of court orders; Duty to Respond
  • Testimony in Court and Depositions
  • Law enforcement investigation and prosecution

Balancing the Rights of Minors, Parents and the Provider

  • Minors: Age of majority; access to records; consent to treatment; alcohol and drug treatment
  • Parents/Guardians: Custody and divorce; access to records; allegations of abuse and neglect
  • Role of the Provider: Who is the Client? What Duty do you Owe?

Behavioral Health Professionals in the Legal System

  • Clients with legal problems; avoid the client’s problem from becoming your problem
  • Responding to legal proceedings in a professional manner

Decisions in Behavioral Health; Emergency Admission, Civil Commitment and Involuntary Treatment

  • Consent, Capacity, Adult Health Care Consent Act, Substitute Decision Maker, POA and Guardianship
  • Emergency admission and civil commitment laws and procedures

Professional Ethics and Boundary Issues

  • Professional obligations and standards
  • Labor, Licensing & Regulation (professional licensing boards) reporting and enforcement

Legal Liabilities of the Professional

  • Malpractice issues
  • Duty to Warn and Duty to Protect
  • Billing issues: Fraud & abuse

Target Audience

Addiction Counselors, Case Managers, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers, and other Mental Health Professionals.

Copyright : 08/18/2017

South Dakota Legal & Ethical Issues for Mental Health Clinicians

OUTLINE

Clinician-Client Relationship

  • Law vs. ethics
  • Elements of legal informed consent
  • Nuts and bolts of office policies
    • Records vs. psychotherapy notes
    • What to put in a record
  • Limitations on confidentiality
    • South Dakota case law & danger to others
    • South Dakota duty to warn potential victims
  • HIPAA
    • The latest updates you need to know

Practical Approach to Risk Management

  • Elements of consent
  • Competence & scope of practice
  • Boundary violations/crossings
  • Issues with modern technology
    • Texting, cell phones, e-mail, video psychotherapy
  • Perils of supervision

Litigation

  • Licensing complaints & malpractice lawsuits
    • South Dakota specific statues
    • South Dakota rules and regulations
    • Case law and how to find it

Navigate the Legal System

  • Roles of attorneys
  • Confidentiality/privilege
  • Subpoena & disclosure of confidential information
  • Depositions, interrogatories, expert testimony

Treatment of Minors

  • South Dakota age of majority
  • Consent to treatment
  • Privilege/confidentiality
  • Separation & divorce

Case Studies

OBJECTIVES

  1. Explain the best practices in the professional relationship; informed consent, office policies and South Dakota limits on confidentiality.
  2. Discuss updates on HIPAA and South Dakota laws and regulations.
  3. Identify risk management strategies in clinical practice.
  4. Describe how to avoid litigation dilemmas, licensing complaints and malpractice actions.
  5. Summarize the South Dakota legal system to better your understanding.
  6. Outline the differences for treatment of minors.

Program Information

Target Audience

Addiction Counselors, Case Managers, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers, and other Mental Health Professionals

Copyright : 11/19/2015

Tennessee Ethical Principles in the Practice of Mental Health Professionals

OUTLINE

Understanding the Legal System

  • Statutes
  • Rules and regulations
  • Case law
  • Finding the law

Legal Exposure

  • Criminal liability
  • Civil liability
  • Licensing complaints
  • Organization complaints

Establishing the Treatment Relationship

  • The professional relationship
  • The legal and ethical principle of informed consent
  • Informed consent as part of the treatment modality
  • Use of and reliance upon written consent forms

Record Keeping Practices

  • Record keeping regulations
  • Items which constitute the record, personal notes vs. charting, raw data, computer printouts and third party records
  • Access to records by written requests, subpoenas and court orders

The Ethics of Duty to Warn

  • Duty to warn potential third-party victims
  • Review of specific Tennessee case law governing danger to others
  • A clinical approach to the duty to protect

Treatment of Minors

  • Age of majority
  • Consent to treatment and access to records
  • Clinical implications in the treatment of the older adolescent
  • Treatment of minors in situations of family separation and divorce

Non-Sexual Boundary Violations

  • Email correspondence and cell phone contacts
  • Treatment vs. advocacy for patients
  • Professional contacts with attorneys and the legal profession
  • In-court expert testimony

OBJECTIVES

  • Identify state, and administrative laws that impact clinical practice.
  • Explain the ethical and legal principle of informed consent.
  • Identify the notes, documents, reports, forms, and clinical data that constitute the record.
  • Evaluate current record keeping practices.
  • Discuss how to comply with third party requests for records.
  • Discuss the consent necessary to treat minors and release records of minor’s.

Program Information

Target Audience

Psychologists, Counselors, Social Workers, Case Managers, Addiction Counselors, Marriage & Family Therapists, Nurses, and other Mental Health Professionals

Copyright : 08/26/2015

Texas Ethical Principles in the Practice of Mental Health Professionals

Program Information

Objectives

  1. Identify specific state and administrative laws that are pertinent to establishing and maintaining an ethical clinical practice.
  2. Determine potential nonsexual boundary violations.
  3. Explain which notes, documents, reports, forms, and clinical data constitute an official medical record.
  4. Evaluate your current record-keeping practices in order to ensure compliance with ethical and legal requirements.
  5. List the treatment provider’s responsibilities relating to mental health issues and duty to warn law.
  6. Analyze the legal and ethical considerations for the treatment of minor populations with regard to age of consent, confidentiality and custody concerns.

Outline

Understanding the Legal System

  • Statutes
  • Rules and regulations
  • Case law
  • Finding the law
Legal Exposure
  • Criminal liability
  • Civil liability
  • Licensing complaints
  • Organization complaints
Establishing the Treatment Relationship
  • The professional relationship
  • The legal and ethical principle of informed consent
  • Informed consent as part of the treatment modality
  • Use of and reliance upon written consent forms
Record Keeping Practices
  • Record keeping regulations
  • Items which constitute the record, personal notes vs. charting, raw data, computer printouts and third party records
  • Access to records by written requests, subpoenas and court orders
The Ethics of Duty to Warn
  • Duty to warn potential third-party victims
  • Review of specific Texas case law governing danger to others
  • A clinical approach to the duty to protect
Treatment of Minors
  • Age of majority
  • Consent to treatment and access to records
  • Clinical implications in the treatment of the older adolescent
  • Treatment of minors in situations of family separation and divorce
Non-Sexual Boundary Violations
  • Email correspondence and cell phone contacts
  • Treatment vs. advocacy for patients
  • Professional contacts with attorneys and the legal profession
  • In-court expert testimony

Target Audience

Counselors, Social Workers, Psychologists, Case Managers, Addiction Counselors, Therapists, Marriage & Family Therapists, Other Mental Health Professionals, Nurses

Copyright : 10/25/2016

Utah Legal and Ethical Issues for Mental Health Clinicians

OUTLINE

Clinician-Client Relationship

  • Law vs. ethics
  • Elements of legal informed consent
  • Nuts and bolts of office policies
    • Records vs. psychotherapy notes
    • What to put in a record
  • Limitations on confidentiality
    • Utah case law & danger to others
    • Utah duty to warn potential victims
  • HIPAA
    • The latest updates you need to know

Practical Approach to Risk Management

  • Elements of consent
  • Competence & scope of practice
  • Boundary violations/crossings
  • Issues with modern technology
    • Texting, cell phones, e-mail, video psychotherapy
  • Perils of supervision

Litigation

  • Licensing complaints & malpractice lawsuits
    • Utah specific statues
    • Utah rules and regulations
    • Case law and how to find it

Navigate the Legal System

  • Roles of attorneys
  • Confidentiality/privilege
  • Subpoena & disclosure of confidential information
  • Depositions, interrogatories, expert testimony

Treatment of Minors

  • Utah age of majority
  • Consent to treatment
  • Privilege/confidentiality
  • Separation & divorce

Case Studies

OBJECTIVES

  1. Explain the best practices in the professional relationship; informed consent, office policies and Utah limits on confidentiality.
  2. Discuss updates on HIPAA and Utah laws and regulations.
  3. Identify risk management strategies in clinical practice.
  4. Describe how to avoid litigation dilemmas, licensing complaints and malpractice actions.
  5. Summarize the Utah legal system to better your understanding.
  6. Outline the differences for treatment of minors.

Program Information

Target Audience

Addiction Counselors, Case Managers, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers, and other Mental Health Professionals

Copyright : 02/18/2016

Virginia Ethical Principles in the Practice of Mental Health Professionals

Program Information

Objectives

  1. Identify specific state and administrative laws that are pertinent to establishing and maintaining an ethical clinical practice.
  2. Write policies on ethical issues such as restraints, seclusion and informed consent that are consistent with state laws and requirements.
  3. Explain which notes, documents, reports, forms, and clinical data constitute an official medical record.
  4. Evaluate your current record-keeping practices in order to ensure compliance with ethical and legal requirements.
  5. List the treatment provider’s responsibilities relating to mental health issues and duty to warn law.
  6. Analyze the legal and ethical considerations for the treatment of minor populations with regard to age of consent, confidentiality and custody concerns.

Outline

Understanding the Legal System

  • Statutes
  • Rules and regulations
  • Case law
  • Finding the law
Legal Exposure
  • Criminal liability
  • Civil liability
  • Licensing complaints
  • Organization complaints
Establish the Treatment Relationship
  • The professional relationship
  • The legal and ethical principle of informed consent
  • Informed consent as part of the treatment modality
  • Use of and reliance upon written consent forms
Record Keeping Practices
  • Record keeping regulations
  • Items which constitute the record, personal notes vs. charting, raw data, computer printouts and third party records
  • Access to records by written requests, subpoenas and court orders
The Ethics of Duty to Warn
  • Duty to warn potential third-party victims
  • Review of specific Virginia case law governing danger to others
  • A clinical approach to the duty to protect
Treatment of Minors
  • Age of majority
  • Consent to treatment and access to records
  • Clinical implications in the treatment of the older adolescent
  • Treatment of minors in situations of family separation and divorce
Non-Sexual Boundary Violations
  • Email correspondence and cell phone contacts
  • Treatment vs. advocacy for patients
  • Professional contacts with attorneys and the legal profession
  • In-court expert testimony

Target Audience

Addiction Counselors, Case Managers, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers, and other Mental Health Professionals

Copyright : 02/19/2016

Washington Legal and Ethical Issues for Mental Health Clinicians

Program Information

Objectives

  1. Communicate how to avoid litigation dilemmas, licensing complaints and malpractice actions.
  2. Explore the legal and ethical considerations for the treatment of minor populations in Washington with regard to age of consent, confidentiality and custody concerns.
  3. Communicate how an understanding of common boundary and dual relationship issues/dilemmas can help you maintain appropriate relationships with your clients.
  4. Recognize ethical challenges you should consider when responding to subpoenas that request disclosure of client records.
  5. Analyze the limits of confidentiality as it relates to duty to warn law in Washington.
  6. Articulate how risk management strategies regarding technology can keep client information secure and avoid violating HIPAA.

Outline

Clinician-Client Relationship
  • Law vs. ethics
  • Elements of legal informed consent
  • Nuts and bolts of office policies
    • Records vs. psychotherapy notes
    • What to put in a record
  • Limitations on confidentiality
  • Washington case law & danger to others
  • Washington duty to warn potential victims
  • HIPAA
    • The latest updates you need to know 
 
Practical Approach to Risk Management
  • Elements of consent
  • Competence & scope of practice
  • Boundary violations/crossings
  • Issues with modern technology
    • Texting, cell phones, e-mail, video psychotherapy
  • Perils of supervision
Litigation
  • Licensing complaints & malpractice lawsuits
    • Washington specific statues
    • Washington rules and regulations
    • Case law and how to find it
Navigating the Legal System
  • Roles of attorneys
  • Confidentiality/privilege
  • Subpoena & disclosure of confidential information
  • Depositions, interrogatories, expert testimony
Treatment of Minors
  • Washington age of majority
  • Consent to treatment
  • Privilege/confidentiality
  • Separation & divorce
Case Studies

Target Audience

Addiction Counselors, Case Managers, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers, and other Mental Health Professionals

Copyright : 12/01/2016

Wisconsin Ethical Principles in the Practice of Mental Health Professionals

Program Information

Objectives

  1. Identify specific state and administrative laws that are pertinent to establishing and maintaining an ethical clinical practice.
  2. Determine potential nonsexual boundary violations.
  3. Explain which notes, documents, reports, forms, and clinical data constitute an official medical record.
  4. Evaluate your current record-keeping practices in order to ensure compliance with ethical and legal requirements.
  5. List the treatment providers’ responsibilities relating to mental health issues and duty to warn law.
  6. Analyze the legal and ethical considerations for the treatment of minor populations with regard to age of consent, confidentiality and custody concerns.

Outline

Understand the Legal System

  • Statutes
  • Rules and regulations
  • Case law
  • Finding the law

Legal Exposure

  • Criminal liability
  • Civil liability
  • Licensing complaints
  • Organization complaints

Establish the Treatment Relationship

  • The professional relationship
  • The legal and ethical principle of informed consent
  • Informed consent as part of the treatment modality
  • Use of and reliance upon written consent forms

Record-Keeping Practices

  • Record-keeping regulations
  • Items which constitute the record, personal notes vs. charting, raw data, computer printouts and third-party records
  • Access to records by written requests, subpoenas and court orders

The Ethics of Duty to Warn

  • Duty to warn potential third-party victims
  • Review of specific Wisconsin case law governing danger to others
  • A clinical approach to the duty to protect

Treatment of Minors

  • Age of majority
  • Consent to treatment and access to records
  • Clinical implications in the treatment of the older adolescent
  • Treatment of minors in situations of family separation and divorce

Non-Sexual Boundary Violations

  • Email correspondence and cell phone contacts
  • Treatment vs. advocacy for patients
  • Professional contacts with attorneys and the legal profession
  • In-court expert testimony

Target Audience

Addiction Counselors, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers

Copyright : 06/23/2017

Wyoming Legal & Ethical Issues for Mental Health Clinicians

OUTLINE
Clinician-Client Relationship

  • Law vs. ethics
  • Elements of legal informed consent
  • Nuts and bolts of office policies
    • Records vs. psychotherapy notes
    • What to put in a record
  • Limitations on confidentiality
    • Wyoming case law & danger to others
    • Wyoming duty to warn potential victims
  • HIPAA
    • The latest updates you need to know

Practical Approach to Risk Management

  • Elements of consent
  • Competence & scope of practice
  • Boundary violations/crossings
  • Issues with modern technology
    • Texting, cell phones, e-mail, video psychotherapy
  • Perils of supervision

Litigation

  • Licensing complaints & malpractice lawsuits
    • Wyoming specific statues
    • Wyoming rules and regulations
    • Case law and how to find it

Navigate the Legal System

  • Roles of attorneys
  • Confidentiality/privilege
  • Subpoena & disclosure of confidential information
  • Depositions, interrogatories, expert testimony

Treatment of Minors

  • Wyoming age of majority
  • Consent to treatment
  • Privilege/confidentiality
  • Separation & divorce

Case Studies

OBJECTIVES

  1. Specify the best practices in the professional relationship; informed consent, office policies and Wyoming limits on confidentiality.
  2. Compile updates on HIPAA and Wyoming laws and regulations.
  3. Determine risk management strategies in clinical practice.
  4. Communicate how to avoid litigation dilemmas, licensing complaints and malpractice actions.
  5. Analyze the Wyoming legal system to better your understanding.
  6. Explore the differences for treatment of minors.

Program Information

Target Audience

Addiction Counselors, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers, and other Mental Health Professionals

Objectives

  1. Specify the best practices in the professional relationship; informed consent, office policies and Wyoming limits on confidentiality.
  2. Compile updates on HIPAA and Wyoming laws and regulations.
  3. Determine risk management strategies in clinical practice.
  4. Communicate how to avoid litigation dilemmas, licensing complaints and malpractice actions.
  5. Analyze the Wyoming legal system to better your understanding.
  6. Explore the differences for treatment of minors.

Outline

Clinician-Client Relationship

  • Law vs. ethics
  • Elements of legal informed consent
  • Nuts and bolts of office policies
    • Records vs. psychotherapy notes
    • What to put in a record
  • Limitations on confidentiality
    • Wyoming case law & danger to others
    • Wyoming duty to warn potential victims
  • HIPAA
    • The latest updates you need to know

Practical Approach to Risk Management

  • Elements of consent
  • Competence & scope of practice
  • Boundary violations/crossings
  • Issues with modern technology
    • Texting, cell phones, e-mail, video psychotherapy
  • Perils of supervision

Litigation

  • Licensing complaints & malpractice lawsuits
    • Wyoming specific statues
    • Wyoming rules and regulations
    • Case law and how to find it

Navigate the Legal System

  • Roles of attorneys
  • Confidentiality/privilege
  • Subpoena & disclosure of confidential information
  • Depositions, interrogatories, expert testimony

Treatment of Minors

  • Wyoming age of majority
  • Consent to treatment
  • Privilege/confidentiality
  • Separation & divorce

Case Studies

Copyright : 05/09/2017