[Download Now] Legal & Ethical Issues in Behavioral Health in Florida – Lois Fenner

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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’s and Don’t’s of Documentation
• Why and When to call an Attorney
• Avoid the Litigation Hot seat

Dealing with the day-to-day challenges of treating clients can be overwhelming for those working in the mental/behavioral health field. Administrative and legal responsibilities are equally important. The legal and prudent responses to a wide variety of situations require proper legal awareness in order to stay in compliance. Many providers may face grave legal and financial consequences without such knowledge. This seminar is intended to give 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 valuable.

• 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.

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

There are 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?

Complying with 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

The rights of children and parents are balanced.

• 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

There are voluntary and involuntarily 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

Boundary issues and professional ethics.

• 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

There are legal problems of the professional.

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

Legal and ethical issues in behavioral health in Florida. Legal and ethical issues in behavioral health in Florida. Legal and ethical issues in behavioral health in Florida.

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