Avoid Unnecessary Liability and High-Risk Situations
Mental health providers are not lawyers; mental health providers don't want to be lawyers. But providers face complicated issues because of their special relationship with clients. How can you be a caring helper and still protect yourself from lawsuits, licensing board complaints, and liability? How can you enjoy helping the people you've been trained to help while maintaining simple and manageable records that will protect you? This seminar will introduce you to both the essential demands of professional liability and the regulatory demands that mental health providers face. You will learn how to structure your practice and your business to limit exposure to risk, as well as discover simple records, notes, and actions that will protect you in the event of a complaint. Stop feeling overwhelmed by lawyers and the law. Allow Dr. Flynn to empower you in your practice and impart the knowledge to implement these processes immediately, which will enable you to avoid many possible high-risk situations with clients.
Course Content
THE LAW
u Introduction
- law as prevention
- how lawyers and MHPs are different
u Negligence law, malpractice, and personal injury lawsuits
- fiduciary doctrine
- tort doctrine
- general liability
- the professional standard of care and the per se rule
u How to deal with your licensing boards
THE PAPER TRAIL
u Psychotherapist privilege and confidentiality
- privacy as a fundamental right
- your responsibility to keep client information private
u Records and office forms—YOUR best protection
- informed consent
- treatment plans and why they are valuable
- case notes: simple, brief, and professional
- the one file every practice should have
u How to stay out of court and away from lawyers
u HIPAA
- the long and the short of handling HIPAA
STRUCTURING OF YOUR BUSINESS TO AVOID RISK
u Overview
- the agency problem
- vicarious liability
- the problem with colleagues
u Available options in a nutshell and the risk management benefits of each
- sole proprietorships
- partnerships
- corporations
- LLCs
- independent contractors
- office sharing agreements
- and what is risk management anyway?
u Final advice
- IRS never forgets
- managed care companies are not your friends or allies
HIGH-RISK SITUATIONS
u Number one risk—what is it?
u Sexual abuse allegations—what to do
u Dual relationships
u The more hurried the visit, the more risk undertaken
This course has been approved by , as a NAADAC Approved Education Provider, for 6 continuing education hour(s). NAADAC Provider #77600, is responsible for all aspects of their programming. Content includes elements of one of the NAADAC 8 Counselor Skills Group. Full attendance is required to receive credit, variable credit for partial attendance may not be awarded based on the NAADAC guidelines.
is an approved provider with the Florida Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling Provider #50-466. This program is approved for 6 continuing education credit(s).
is approved through the State of Ohio Counselor, Social Worker and Marriage and Family Therapist Board (provider #RCT091001). This program is offered for six (6) clock hour(s) of continuing education for counselors only. Licensed counselors in other states should contact their individual state jurisdiction to review the current continuing education requirements for licensure renewal.
is an approved sponsor with the South Carolina Board of Examiners for LPC, AC and MFTs (Provider #104). This program is offered for 6 continuing education hour(s).
is an approved sponsor of continuing education for licensed professional counselors through the Texas State Board of Examiners of Professional Counselors (Provider number 2709). This course is offered for 6 clock hour(s).
This educational offering is offered for 6.0 hour(s) of continuing education of which 6 hour(s) includes discussion of ethics issues.
is an approved provider with the Florida Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling Provider #50-466. This program is approved for 6 continuing education credit(s).
is approved through the State of Ohio Counselor, Social Worker and Marriage and Family Therapist Board (provider #RCT091001). This program is offered for six (6) clock hour(s) of continuing education for counselors and marriage family therapists. Licensed counselors and marriage and family therapists in other states should contact their individual state jurisdiction to review the current continuing education requirements for licensure renewal.
is an approved sponsor with the South Carolina Board of Examiners for LPC, AC and MFTs (Provider #104). This program is offered for 6 continuing education hour(s).
is an approved sponsor of continuing education for licensed marriage and family therapists through the Texas State Board of Examiners of Marriage and Family Therapists (Provider number 195). This course is offered for 6 clock hour(s).
This educational offering qualifies for 6 continuing education hour(s) as required by many national, state and local licensing boards and professional organizations. Save your course outline and certificate of completion, and contact your own board or organization for specific filing requirements.
is approved by the American Psychological Association to sponsor continuing education for psychologists. maintains responsibility for this program and its content. This program offers 6 CE credit(s) for psychologists. Full attendance is required to receive credit for psychologist, variable credit for partial attendance may not be awarded based on the APA guidelines.
is approved as a provider for social work continuing education by the Association of Social Work Boards (ASWB), through the Approved Continuing Education (ACE) program (an approved provider since 1999, approved period 1/27/2018-1/27/2021). maintains responsibility for the program. Social workers will receive 6 Ethics Social Work continuing education clock hour(s) for participating in this course. Licensed social workers should contact their individual state jurisdiction to review the current continuing education requirements for licensure renewal. Visit ASWB's website at www.aswb.org for more information. This educational offering is at the Intermediate level for social workers.
is an approved provider with the Florida Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling Provider #50-466. This program is approved for 6 continuing education credit(s).
, SW CPE is recognized by the New York State Education Department’s State Board for Social Work as an approved provider of continuing education for licensed Social Workers #0043. This educational offering is acceptable for 6 continuing education hour(s). Full attendance is required to receive credit for Social Workers; variable credit for partial attendance may not be awarded based on the State Board guidelines.
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| Handouts (3.2 MB) | Available after Purchase |
MICHAEL H. FLYNN, JD, PhD, is a licensed psychologist and practicing attorney in Texas. After 25 years in clinical practice as a psychologist, he became an attorney as well. For the past two decades, Dr. Flynn has conducted psychological evaluations and expert testimony for litigants, defendants, and agencies in matters of disputed custody, criminal defense and competency, personal injury, employment disputes, and testamentary capacity. Dr. Flynn continues to conduct psychological evaluations and consults with lawyers and the courts regarding mental health issues, as well as providing legal counsel in family law, criminal, and other legal matters including representing mental health professionals involved in disputes with their licensing boards. He received his Bachelor of Science in Psychology from Middle Tennessee State University, his Master of Science degree and Doctorate in Clinical Psychology from the University of North Texas, and his Juris Doctorate from Texas Wesleyan University School of Law. Dr. Flynn is a member of the American College of Forensic Psychology, the Texas Psychological Association, the Texas Bar Association, the Tarrant County Bar Association, the Tarrant County Family Law Association, and other local groups in Fort Worth, Texas, and is listed in the National Register of Health Service Providers in Psychology. He has taught abnormal psychology, human development, and personality theory at the University of North Texas, Texas Woman's University, and Holy Family College in Philadelphia, Pennsylvania. Dr. Flynn's wealth of knowledge and experience make him an unforgettable and dynamic instructor!
Disclosure:
Financial-Receives a speaking honorarium from Vyne, LLC.
Nonfinancial-No relevant nonfinancial relationships exist.
Psychiatrists, Psychologists, Social Workers, Counselors, Marriage and Family Therapists, Pastoral Counselors, School Counselors, Alcoholism and Drug Abuse Counselors, Mental Health Nurses, Mental Health Nurse Practitioners, Case Managers, Mental Health Office Managers , Hospital Risk Managers, Lawyers who represent mental health agencies and professionals
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