North Dakota Legal & Ethical Issues for Mental Health Clinicians

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Join Susan Lewis, psychologist and attorney, for this must-attend seminar that will prepare you for litigation issues which can put your client, your license and your practice at risk. You will learn how to structure your practice to limit exposure of risk, as well as discover simple records, notes and actions that will protect you in the event of a complaint. Susan will provide you with the following take-home tools to minimize risk:

• Updates on HIPAA and North Dakota laws and regulations
• Risk management strategies
• How to avoid litigation dilemmas, complaints and malpractice actions
• Best practices in the professional relationship, informed consent and office policies

You will learn through problem-solving discussions that are representative of actual ethical decisions you encounter in your clinical practice. The blending of Susan’s experience as a lawyer, work within the court system and extensive clinical experience makes her a hands-on, knowledgeable instructor!

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.