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Digital Seminar

Legal and Ethical Issues in Behavioral Health in California


Average Rating:
   12
Faculty:
Lois A Fenner-McBride, RN, MS, JD
Duration:
6 Hours 23 Minutes
Format:
Audio and Video
Copyright:
Jun 17, 2020
Product Code:
POS061695
Media Type:
Digital Seminar - Also available: DVD

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Description

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.

Join attorney Lois Fenner in this entertaining and enlightening recording and gain a greater understanding of the latest California 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.

Credit

Handouts

Faculty

Lois A Fenner-McBride, RN, MS, JD's Profile

Lois A Fenner-McBride, RN, MS, JD Related seminars and products


Lois A. Fenner McBride, RN, MS, JD, is an honor’s graduate of the University of Maryland Graduate School of Nursing, Undergraduate School of Nursing, and University of Maryland Francis King Carey School of Law. She is an attorney admitted to practice before the Supreme Court of the United States, the Federal Bar and the Maryland Bar. Nurse-Attorney Fenner is a compact licensed registered nurse and a certified clinical nurse specialist.

She is a founding member of The American Association of Nurse Attorneys, past president of the Monumental Bar Association, a member of the Women’s Bar Association, and the Trial Lawyers Association. Nurse-Attorney Fenner has been recognized by the Alliance of Black Women Attorneys with the Distinguished Women in Law award and has been recognized as a Baltimore Business Journal’s Who’s Who in Law, with a selection as a Super Lawyer twice.

Nurse-Attorney Fenner’s law practice today focuses on medical/healthcare litigation and consulting including medical malpractice, licensure, credentialing, administrative and litigation matters. She is a dynamic speaker with a realistic hands-on approach to resolving issues and minimizing risks for patients, clients and health care professionals.

 

Speaker Disclosures:
Financial: Lois Fenner maintains a private practice. She receives compensation as a Nurse Attorney, Consultant, Educator-Lecturer, and Nurse Clinical Specialist. Lois Fenner receives a speaking honorarium and recording royalties from PESI, Inc. She has no relevant financial relationships with ineligible organizations.
Non-financial: Lois Fenner is a member of the Maryland Bar Association, the American Nurse-Attorney Association, the American Bar Association, and others. For a complete list, please contact info@pesi.com.


Additional Info

Access for Self-Study (Non-Interactive)

Access never expires for this product.


Objectives

  1. Establish practices for ensuring HIPAA compliance to protect client’s privacy and minimize risk of litigation.
  2. Compare the different requirements for release of protected health information via subpoenas and court orders.
  3. Explore the legal and ethical considerations for the treatment of minor populations in California with regard to age of consent, confidentiality and custody concerns.
  4. Formulate risk management strategies using technology that can safeguard patient health information (PHI) and minimize HITECH violations.
  5. Develop policies on ethical issues such as restraints, seclusion and informed consent.
  6. Designate the treatment provider’s responsibilities relating to mental health issues and duty to warn law in California.

Outline

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
  • 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

Target Audience

  • Social Workers
  • Counselors
  • Psychologists
  • Marriage and Family Therapists
  • AODA Alcohol and Other Drug Abuse Counselors
  • Health Information Managers
  • Medical Records Professionals
  • Nurses

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Reviews

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Overall:      4.7

Total Reviews: 12

Comments

Harold G - Pasadena, California

"exellent course"

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