Legal and Ethical Issues in Behavioral Health in Missouri by Lois Fenner
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
- 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
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
- Compliance with Contradictory Laws
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. If you watch only one recording this year, make it this one. Watch attorney Lois Fenner for an entertaining and enlightening experience and leave with a greater understanding of the latest Missouri 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.
R.N., M.S., Attorney at Law
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.
She is a recognized educator and lecturer throughout the country providing realistic and current information in dynamic presentations.
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.