Legal and Ethical Issues in Behavioral Health in Kentucky

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

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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.

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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 Kentucky 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 Kentucky.

Outline

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

• 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?

• 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

• 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

• Reasons to Use a Voluntary Commitment or an Involuntary Commitment
• Grounds for an Involuntary Commitment: Dangerousness (as Defined by Statute)
• Mental Illness
• Procedures

• 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

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

Target Audience

• Addiction Counselors
• Counselors
• Marriage & Family Therapists
• Nurses
• Psychologists
• Social Workers
• Other Mental Health Professionals

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