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

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A better understanding of your ethical and legal obligations can not only help you provide more effective treatment to your clients, but can help you avoid costly mistakes. This seminar will provide you with the necessary tools to avoid a wide range of ethical and legal pitfalls.

If you watch only one seminar recording this year, make it this one. Join attorney Paul Cooney for an entertaining and enlightening day and leave with a greater understanding of the latest Oregon law as it relates to mental 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.

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.

Professional Ethics and Boundary Issues

• Informed Consent Issues
• Ethics & Board Complaints

Legal Liabilities 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

Balancing the Rights of Minors & Parents

• 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

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

Compliance with HIPAA and State 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?

Responding to Subpoenas, Court Orders and Law Enforcement

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

Litigation Issues

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

Get Legal & Ethical Issues in Behavioral Health in Oregon of author David J. Madigan & Paul A. Cooney