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Legal & Ethical Issues in Behavioral Health in Florida

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Court Orders: Must you Appear? When Not to Release Your Documentation Prevent Liability and Avoid Paying Damages Protect your Client, License & Practice Do...
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Information

Faculty:
Lois Fenner
Duration:
5 Hours 55 Minutes
Format:
Audio and Video
Copyright:
Jan 27, 2017

Description

  • Court Orders: Must you Appear?

  • When Not to Release Your Documentation

  • Prevent Liability and Avoid Paying Damages

  • Protect your Client, License & Practice

  • Do’s and Don’t’s of Documentation

  • Why and When to call an Attorney

  • Avoid the Litigation Hot seat

For those working in the mental/behavioral health field, dealing with the day-to-day challenges of treating clients can be overwhelming in and of itself. However, the administrative and legal responsibilities are equally crucial. There are weighty decisions - the legal and prudent responses to a wide variety of situations - that demand a proper legal awareness in order to stay in compliance. Without such knowledge, many well meaning providers may face grave legal and financial consequences. The purpose of this seminar is to provide important guidance and insight into mental health laws and regulations. Social workers, therapists, nurses, psychologists, counselors, addiction professionals and healthcare administrators who work in the mental health field will find this seminar to be eye-opening and invaluable.

Handouts

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

Faculty

Lois Fenner, R.N., M.S., Attorney at Law Related seminars and products: 14


Lois Fenner, R.N., M.S., Attorney at Law, is an honor graduate of the University of Maryland Graduate School of Nursing, Undergraduate School of Nursing, and University of Maryland Law School. She is an attorney admitted to practice before the United States Supreme Court, a registered nurse, and a certified clinical specialist.

Ms. Fenner is a founding member of The American Nurse Attorneys Association, past president of the Monumental Bar Association, member of the Women’s Bar Association, Phi Kappa Phi and Sigma Theta Tau Honor Societies, and the National Exchange Club. She has been recognized by the Alliance of Black Women Attorneys with the Distinguished Women in Law Award; the Baltimore Marketing Association Harold Young Leadership Award, and the Baltimore County Diversity Award.

Additionally, she is a three-time recipient of the Daily Record’s Top 100 Women in Maryland award and was inducted into the Circle of Excellence. Attorney Fenner has been recognized as a Baltimore Business Journals Who’s Who in Law and was selected as one of the Super Lawyers twice. Her practice focuses on medical litigation and health care including medical malpractice, personal injury, accreditation, wrongful death, Professional Board, and licensure issues. 

Ms. Fenner is a recognized educator and lecturer throughout the country providing realistic and current information in dynamic presentations.

Speaker Disclosures:

Financial: Lois A. Fenner is in private practice. She receives a speaking honorarium from PESI, Inc.

Non-Financial: Lois A. Fenner has no relevant non-financial relationships to disclose.