Product Detail

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

Paul A. Cooney, J.D., is a healthcare attorney who has been in practice for 22 years. Mr. Cooney is managing partner at Cooney, Cooney and Madigan LLC where he specializes in healthcare litigation and represents a wide variety of healthcare professionals in all aspects of their practice. Mr. Cooney is general counsel for the Oregon Psychological Association. He represents mental health professionals in malpractice cases, licensing and discipline matters as well as general business matters. He is licensed to practice in Oregon and Washington and is a frequent speaker on legal issues and risk management.

Speaker Disclosures:

Financial: Paul Cooney is managing partner at Cooney, Cooney and Madigan LLC. He receives a speaking honorarium from PESI, Inc. He has no relevant financial relationships with ineligible organizations.

Non-financial: Paul Cooney has no relevant non-financial relationship to disclose.

For U.S. and Canadian customers, a CE test is available for $9.99 USD per participant. International CE rates may vary; please contact our Customer Service at 1-800-844-8260 for more details.

Listed below are the continuing education credit(s) currently available for this non-interactive self-study package. Please note, your state licensing board dictates whether self study is an acceptable form of continuing education. Please refer to your state rules and regulations.

Certificates of Successful Completion may be emailed, faxed or mailed to participants completing the post-test/evaluation and paying the CE fee.

**Materials that are included in this course may include interventions and modalities that are beyond the authorized practice of mental health professionals. As a licensed professional, you are responsible for reviewing the scope of practice, including activities that are defined in law as beyond the boundaries of practice in accordance with and in compliance with your professions standards.

All members of the PESI, Inc. planning committee have provided disclosures of financial relationships with ineligible organizations and any relevant non-financial relationships prior to planning content for this activity. None of the committee members had relevant financial relationships with ineligible companies or other potentially biasing relationships to disclose to learners. For speaker disclosures, please see the faculty biography.

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Ethics
This self-study course includes 6.0 hours of state specific ethics instruction. Not all boards allow ethics credit for self-study products. If ethics is not specified within your licensing board’s approval statement below, please contact your board to determine the applicability and amount of ethics allowed.

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Addiction Counselors

This self-study course has been approved by PESI, Inc., as a NAADAC Approved Education Provider, for 6.0 CE in the Legal, Ethical and Professional Development skill group. NAADAC Provider #77553. PESI, Inc. is responsible for all aspects of their programming. Full attendance is required; no partial credit will be awarded for partial attendance.

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Counselors
This intermediate self-study activity consists of 6.0 clock hours of continuing education instruction. Credit requirements and approvals vary per state board regulations. Please save the course outline, the certificate of completion you receive from the activity and contact your state board or organization to determine specific filing requirements.

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Marriage & Family Therapists
This self-study activity consists of 6.0 clock hours of continuing education instruction. Credit requirements and approvals vary per state board regulations. Please save the course outline, the certificate of completion you receive from this self-study activity and contact your state board or organization to determine specific filing requirements.

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Nurses, Nurse Practitioners, and Clinical Nurse Specialists
This intermediate activity consists of 6.0 clock hours of continuing education instruction. Credit requirements and approvals vary per state board regulations. Please contact your licensing board to determine if they accept programs or providers approved by other national or state licensing boards. A certificate of attendance will be awarded at the end of the program to participants who are in full attendance and who complete the program evaluation.

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Psychologists
This self-study activity consists of 6.0 clock hours of continuing education instruction. Credit requirements and approvals vary per state board regulations. Please save the course outline and the certificate of completion you receive from this self-study activity. Contact us for more information on your state board or organization specific filing requirements.

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Social Workers
PESI, Inc., #1062, is approved to offer social work continuing education by the Association of Social Work Boards (ASWB) Approved Continuing Education (ACE) program. Organizations, not individual courses, are approved as ACE providers. State and provincial regulatory boards have the final authority to determine whether an individual course may be accepted for continuing education credit. PESI, Inc. maintains responsibility for this course. ACE provider approval period: January 27, 2020 - January 27, 2023. Social Workers completing this course receive 6.0 Ethics continuing education credits.

Course Level: Intermediate. Format: Asynchronous distance learning. Full attendance is required; no partial credits will be offered for partial attendance.

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Other Professions
This self-study activity qualifies for 6.0 clock hours of instructional content as required by many national, state and local licensing boards and professional organizations. Retain your certificate of completion and contact your board or organization for specific filing requirements.

Disclaimer: **Information obtained in this course should be used within your scope of practice.
**It is your ethical responsibility to report accurate hours to your licensing board.
**All self-study participants must complete and pass (80% or better) a post-test and evaluation prior to receiving a certificate of completion. If you require a copy of the test/evaluation for CE purposes, please print at the time you take the test. Or you may call our customer service department and a copy of your test/evaluation will be emailed to you. Please allow 30-45 days.

Social Workers, Psychologists, Counselors, Marriage & Family Therapists, AODA Professionals, Case Managers, Nurses, Health Information Managers, Medical Records Professionals