Lois Fenner – Legal & Ethical Issues in Behavioral Health in Florida

Lois Fenner – Legal & Ethical Issues in Behavioral Health in Florida

• 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.

• 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.

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

Lois Fenner – Legal & Ethical Issues in Behavioral Health in Florida

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

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