Scales

  
Select A Topic . . .
Access to Records - "Noncustodial Parent"

Advertising

Advertising - "Expertise"

Advertising - Sliding Fee Scale

Attending the Patient's Wedding (or Other Significant Event)

Authorization Forms

Avoid These Common Errors

Bequest from Patient

Business License

Child Abuse

Child Abuse - Emancipation of Minor

Child Abuse Report Required or Permitted?

Child Abuse Reporting

Child Abuse Reporting - Duty to Investigate?

Child Abuse Reporting - Neglect

Confidentiality - "No Secrets" Policy (Couple Being Treated)

Confidentiality - AIDS/HIV

Confidentiality - Child Abuse Investigations

Confidentiality - Conflicting Requests

Confidentiality - Couple Being Treated

Confidentiality - Dangerous Patient?

Confidentiality - Death of the Patient

Confidentiality - Exception

Confidentiality - Fact of the Relationship

Confidentiality - Group Therapy

Confidentiality - Pregnancy of a Minor

Confidentiality - The Search Warrant

Confidentiality - The Unexpected Caller

Confidentiality and Authorization Forms

Confidentiality and HIPAA

Confidentiality and the Dangerous Patient

Conflicts

Consent to Treat Minor (Sole and Joint Legal Custody)

Consent vs. Authorization

Custody and Visitation Disputes - The Big Mistake

Dangerous Patient - Immunity From Liability

Dangerous Patients and the “Tarasoff Duty"

Dangerous Patients and the Therapist's Duty

Disciplinary Actions

Dual or Multiple Relationships - An Overview

Elder Abuse

Elder Abuse/Dependent Adult Abuse Reporting

Ethical Standards - Conflict with the Law

Ethics

Family Law - "Joint Custody"

Fees

Fees - Barter

Fees - Raising Fees

Fees - Sue the Patient?

Fees - The Sliding Fee Scale

Gifts - To and From Patients

HIPAA

HIPAA - Enforcement

HIPAA - Patient Access to "Psychotherapy Notes"

HIPAA - Psychotherapy Notes/Records

HIPAA - Right to Amend Records

HIPAA - Subpoena for Records and Notes

Hypnosis/Hypnotherapy

Immunity From Liability

Informed Consent

Informed Consent - Videotaping/Risks

Informed Consent: Hugs and Other Touching

Laws, Regulations, and the Attorney Generals' Opinions

Liability for the Acts of Others

Licensing and Certification

Mandatory Continuing Education - Does it work?

Negligence vs. Gross Negligence

Online Therapy

Online Therapy - Disclosure

Online Therapy - HIPAA

Online Therapy - Insurance Coverage

Parental Access to Records of Minor

Partnerships - Be Careful

Privilege - A Common Waiver

Privilege - Group Therapy

Privilege - Waiver

Privilege and Confidentiality

Privileged Communications

Professional Corporations

Records - Destruction at the Request of the Patient?

Records - Removal of Information From File

Records - Stolen, Lost or Destroyed

Referrals

Scope of Competence

Scope of License

Self Disclosure

Something Lighter - Cancel the Appointment

Something Lighter - Law and Sausage!

Something Lighter - Reimbursement

Something Lighter - Self Defense

Something Lighter: A Definition of "Psychotherapy"

Telemedicine - Hours of Experience Toward Licensure?

Telemedicine: Telephone Counseling/Therapy?

Termination - Who is the Patient

Termination and Referral - When Does the Duty to the Patient End?

Termination of Employment: Who "Owns" the Patient?

Termination of Treatment

Testifying in Court

Think About This - Child Abuse?

Treating Children

Treating Multiple Members of a Family - Conflicts

Treatment Records

Treatment Records - Ownership

Using Patient Information in Public Presentations

Verbal Abuse - Free Speech

 

Bulletin Archives

 

Bulletin Archive

 
by Richard S. Leslie, J.D. Click here for profile.
Attorney at Law - "At the Intersection of Law and Psychotherapy"


Termination of Treatment

(May 2005
, Volume 1)

… If the termination of treatment process is not properly carried out, the attempt to end the professional relationship can constitute, or at least be argued as, an abandonment of the patient/client. This could lead to a lawsuit for damages, a complaint to the licensing board, and a complaint to the ethics committee of your professional association(s). While patients generally have a right to terminate at any time and for any reason, not so with therapists!

Therapists typically terminate when the patient can no longer pay for services, when the therapist determines that the patient’s problem is beyond the therapist’s scope of competence or scope of license, when the therapist determines that the patient is not benefiting from the treatment, when the course of treatment comes to an end because of the improvement of the patient, or when the therapist is unable or unwilling, for appropriate reasons, to continue to provide care.

Because the termination process can sometimes be so difficult, the therapist might want to consider adding some provisions to their disclosure statement (given to the patient prior to treatment) that address the issue of termination. Perhaps the patient will think twice about pursuing a complaint against the therapist when reminded that it was disclosed to them, at the outset of treatment, that the therapist is under an ethical duty to terminate when the therapist determines that the patient is not sufficiently benefiting from the treatment and the therapist believes that the patient needs a different level or kind of care (or words to that effect).


Termination of Treatment

(June 2005
, Volume 1)

… Here’s a common situation that often creates a dilemma for therapists. Suppose you are treating a minor, eleven years of age, with the consent of both parents. The court had ordered joint legal custody and the court order specifies that: “the consent of both parents shall be necessary in order to make any decisions with respect to the rendering of health care, whether physical or mental, to the minor.” Prior to the commencement of treatment, you obtain the consent to treat from both parents, complying with whatever the requirements are for documenting such approval. Three months later, one of the joint custodians calls the therapist and says that he withdraws his consent. He demands that the therapy end. The other joint custodian wants treatment to continue. Must the therapist comply with the request to end or terminate therapy?

This is not an easy issue to resolve, and a proper resolution will depend upon the interpretations and nuances of state law. Here’s what I have successfully argued in several cases over the years: The therapist had the permission of both parents to treat, as per the court order. Now, one of the parents is in essence asking the therapist to terminate treatment. The therapist, however, has determined that the minor needs continued treatment. The therapist does not want to abandon the patient, and since the therapist does not have both joint custodians agreeing to a termination of treatment (e.g., the mother wants her child to get continued care and believes that the father is acting in bad faith and in his own selfish interests) as the court order appears to require, the therapist properly continued to see the child in therapy. The consent to treat was given at the beginning and cannot be “taken back.” Now the issue is not consent to treat, but rather, termination.

Caution – whether or not the above line of reasoning or argument will work for you in your state and with your license, is a matter that must be carefully examined. The answer will depend upon the applicable state law or regulation and the wording of the court order, which may be ambiguous.