Legal & Ethical Issues in Behavioral Health in Florida by Lois Fenner
- ourt 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.
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
More information about Medical:
Medicine is the science and practice of establishing the diagnosis, prognosis, treatment, and prevention of disease.
Medicine encompasses a variety of health care practices evolved to maintain and restore health by the prevention and treatment of illness.
Contemporary medicine applies biomedical sciences, biomedical research, genetics, and medical technology to diagnose, treat, and prevent injury and disease,
typically through pharmaceuticals or surgery, but also through therapies as diverse as psychotherapy, external splints and traction, medical devices, biologics, and ionizing radiation, amongst others.
Medicine has been around for thousands of years, during most of which it was an art (an area of skill and knowledge) frequently having connections to the religious and
philosophical beliefs of local culture. For example, a medicine man would apply herbs and say prayers for healing, or an ancient philosopher and physician would apply bloodletting according to the theories of humorism.
In recent centuries, since the advent of modern science, most medicine has become a combination of art and science (both basic and applied, under the umbrella of medical science).
While stitching technique for sutures is an art learned through practice, the knowledge of what happens at the cellular and molecular level in the tissues being stitched arises through science.