[Download Now] Legal & Ethical Issues in Behavioral Health in Oregon – David J. Madigan & Paul A. Cooney

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A better understanding of your legal obligations can help you provide more effective treatment to your clients and help you avoid costly mistakes. The seminar will show you how to avoid ethical and legal pitfalls.

If you only watch one seminar this year, make it this one. Join attorney Paul Cooney for an entertaining and enlightening day and leave with a better understanding of the latest Oregon law as it relates to mental health. You will learn how to immediately implement risk reducing strategies after taking home practical strategies to minimize and manage legal and ethical risks.

1. Develop policies on ethical issues such as restraints, seclusions and informed consent.
2. Designate the treatment provider’s responsibilities relating to mental health issues and duty to warn law in Oregon.
3. Explore the legal and ethical considerations for the treatment of minor populations in Oregon with regard to age of consent, confidentiality and custody concerns.
4. Establish practices for ensuring HIPAA compliance to protect client’s privacy and minimize risk of litigation.
5. Compare the different requirements for responding to subpoenas and court orders for mental health records.
6. Determine the legal considerations for a clinician to be prepared when called for a deposition.

Boundary issues and professional ethics.

• Informed Consent Issues
• Ethics & Board Complaints

There are legal problems of the professional.

• Current Litigation Trends & Liability for Lost Data
• Clients Who Threaten You or Your Staff
• Business Issues for the Private Practitioner
• Duty to Warn

The rights of children and parents are balanced.

• Minors Rights
  1. Age of Majority
  2. Access to Records
  3. Rights of Minors to Refuse/Consent to Medication and Treatment
• Parental Rights
  1. Custodial and Divorce Factors
  2. Child Abuse Allegations
  3. Custodial vs. Non-Custodial Parent’s Rights to Records

Mental health records can be confidential.

• When and to Whom Records Can Be Released
• Mandatory Disclosure Requirements
• Alcohol/Drug and AIDS/HIV Treatment Records
• Necessary Documentation

Compliance with confidentiality laws.

• What protections are necessary to insure compliance?
• What are the potential liability issues for breaches of confidentiality?
• What are the “best practices” for health care providers to insure compliance?

Complying with court orders and law enforcement.

• Subpoenas
  1. Types of Subpoenas
  2. Duty to Respond
  3. Time Limits
• Court Orders
  1. Duty to Respond

There are litigation issues.

• How to Prepare for a Deposition
• Documentation Issues
• What Can Be Done in Advance to Better Protect the Provider and the Clients

Delivery Method