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Digital Seminar

Legal and Ethical Issues in Behavioral Health in California


Average Rating:
   12
Faculty:
Lois A Fenner-McBride, RN, MS, JD, Attorney at Law
Duration:
6 Hours 23 Minutes
Format:
Audio and Video
Copyright:
Jun 17, 2020
Product Code:
POS061695


Description

Without the proper legal awareness needed to stay in compliance, you may face grave legal and financial consequences. This recording will show you how to continue to help the people you’ve been trained to help while still protecting yourself from many legal pitfalls.

Join attorney Lois Fenner in this entertaining and enlightening recording and gain a greater understanding of the latest California laws as they relate to behavioral health. You will take home practical strategies to minimize and manage legal and ethical risks and you will learn how to immediately implement these risk-reducing strategies into your practice.

Credit


**

NOTE: Tuition includes one free CE Certificate (participant will be able to print the certificate of completion after completing the on-line post-test (80% passing score) and completing the evaluation). 

Continuing Education Information:  Listed below are the continuing education credit(s) currently available for this non-interactive self-study package. Please note, your state licensing board dictates whether self-study is an acceptable form of continuing education, as well as which credit types are acceptable for continuing education hours. Please refer to your state rules and regulations. If your profession is not listed, please contact your licensing board to determine your continuing education requirements and check for reciprocal approval. For other credit inquiries not specified below, please contact cepesi@pesi.com or 800-844-8260 before the event.

Materials that are included in this course may include interventions and modalities that are beyond the authorized practice of your profession.  As a licensed professional, you are responsible for reviewing the scope of practice, including activities that are defined in law as beyond the boundaries of practice in accordance with and in compliance with your profession's standards.  

For Planning Committee disclosures, please statement above.  For speaker disclosures, please see the faculty biography.


Ethics

This self-study activity includes 6.25 hours of State Specific ethics instruction. Not all boards allow ethics credit for self-study products. If ethics is not specified within your licensing board’s approval statement below, please contact your board to determine the applicability and amount of ethics allowed.


California Counselors

The California Board of Behavioral Sciences accepts CE programs that are approved by other approval agencies, including several that approve PESI and its programs.  A full list of approval agencies accepted by the BBS can be found at www.bbs.ca.gov/licensees/cont_ed.html under “Where to find CE Courses.” This intermediate level self-study activity consists of 6.0 clock hours of continuing education instruction.


Social Workers - National ASWB ACE

PESI, Inc., #1062, is approved to offer social work continuing education by the Association of Social Work Boards (ASWB) Approved Continuing Education (ACE) program. Organizations, not individual courses, are approved as ACE providers. State and provincial regulatory boards have the final authority to determine whether an individual course may be accepted for continuing education credit. PESI, Inc. maintains responsibility for this course. ACE provider approval period: January 27, 2020 - January 27, 2023. Social Workers completing this course receive 6.25 Ethics continuing education credits.

 

Course Level: Intermediate. Format: Asynchronous distance learning. Full attendance is required; no partial credits will be offered for partial attendance. 


California Social Workers

The California Board of Behavioral Sciences accepts CE programs that are approved by other approval agencies, including several that approve PESI and its programs.  A full list of approval agencies accepted by the BBS can be found at www.bbs.ca.gov/licensees/cont_ed.html under “Where to find CE Courses.” This intermediate level self-study activity consists of 6.0 clock hours of continuing education instruction.


California Psychologists

CE credit is available. This self-study course consists of 6.0 continuing education credit hours for California Psychologists. The California Department of Consumer Affairs Board of Psychology recognizes and accepts for continuing education credit courses that are specifically applicable and pertinent to the practice of psychology and by entities approved by the ACCME (Accreditation Council for Continuing Medical Education). This enduring material is certified for a maximum of 6.0 AMA PRA Category 1 Credits™ by PESI as an accredited ACCME provider authorized to award credit by the AMA. PESI, Inc. is accredited by the Accreditation Council for Continuing Medical Education to provide continuing medical education for physicians.


California Marriage & Family Therapists

The California Board of Behavioral Sciences accepts CE programs that are approved by other approval agencies, including several that approve PESI and its programs.  A full list of approval agencies accepted by the BBS can be found at www.bbs.ca.gov/licensees/cont_ed.html under “Where to find CE Courses.” This intermediate level self-study activity consists of 6.0 clock hours of continuing education instruction.


California Alcoholism & Drug Abuse Counselors (CCAPP-EI)

PESI, Inc. is an approved provider by the CCAPP-EI, Provider #: OS-03-036-1025. This activity meets the qualifications for 6.0 CEH's (continuing education hours).


California Alcoholism & Drug Abuse Counselors (CADTP)

PESI, Inc. is an approved provider by the CADTP, Provider #: 201. This Category H activity meets the qualifications for 6.0 CEU's (continuing education hours).


California Nurses

PESI, Inc. is a provider approved by the California Board of  Registered Nursing, Provider #: 17118 for 6.0 self-study contact hours. 

** You will need to provide your license number to PESI. PESI must have this number on file in order for your hours to be valid.


California Licensed Educational Psychologists

The California Board of Behavioral Sciences accepts CE programs that are approved by other approval agencies, including several that approve PESI and its programs.  A full list of approval agencies accepted by the BBS can be found at www.bbs.ca.gov/licensees/cont_ed.html under “Where to find CE Courses.” This intermediate level self-study activity consists of 6.0 clock hours of continuing education instruction.


Other Professions

This self-study activity qualifies for 6.25 continuing education clock hours as required by many national, state and local licensing boards and professional organizations. Save your activity advertisement and certificate of completion, and contact your own board or organization for specific requirements.



Handouts

Faculty

Lois A Fenner-McBride, RN, MS, JD, Attorney at Law's Profile

Lois A Fenner-McBride, RN, MS, JD, Attorney at Law Related seminars and products


Lois A. Fenner McBride, RN, MS, JD, Attorney at Law, is an honor’s graduate of the University of Maryland Graduate School of Nursing, Undergraduate School of Nursing, and University of Maryland Francis King Carey School of Law. She is an attorney admitted to practice before the Supreme Court of the United States, the Federal Bar and the Maryland Bar. Nurse-Attorney Fenner is a compact licensed registered nurse and a certified clinical nurse specialist.

She is a founding member of The American Association of Nurse Attorneys, past president of the Monumental Bar Association, a member of the Women’s Bar Association, and the Trial Lawyer’s Association. Nurse-Attorney Fenner has been recognized by the Alliance of Black Women Attorneys with the Distinguished Women in Law award and has been recognized as a Baltimore Business Journal’s Who’s Who in Law, with a selection as a Super Lawyer twice. Her law practice focuses on medical/healthcare litigation and consulting including medical malpractice, personal injury, accreditation, human resources, wrongful death, risk management, credentialing and professional boards/licensure.

 

Speaker Disclosures:
Financial: Lois Fenner McBride receives compensation as a Nurse Attorney, HR Consultant, and Educator-Lecturer. She receives a speaking honorarium and recording royalties from PESI, Inc. She has no relevant financial relationships with ineligible organizations.
Non-financial: Lois Fenner McBride is a member of the Maryland State Bar Association, The American Nurse-Attorney Association, and the American Bar Association.


Additional Info

Access for Self-Study (Non-Interactive)

Access never expires for this product.


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 California with regard to age of consent, confidentiality and custody concerns.
  4. Formulate risk management strategies using technology that can safeguard patient health information (PHI) and minimize HITECH violations.
  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 California.

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

  • Social Workers
  • Counselors
  • Psychologists
  • Marriage and Family Therapists
  • AODA Alcohol and Other Drug Abuse Counselors
  • Health Information Managers
  • Medical Records Professionals
  • Nurses

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Reviews

5
4
3
2
1

Overall:      4.7

Total Reviews: 12

Comments

Harold G - Pasadena, California

"exellent course"

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