Author Archives: Richard Leslie

Discipline and “Due Process”

Licensing by the state is not a right, but rather, a privilege. Those who are licensed, whether as marriage and family therapists, [...]

Home-Based Office / Making Home Visits

Avoiding Liability Bulletin – December 2022   HOME-BASED OFFICE  A …

Crimes and Confidentiality

HIPAA and state laws recognize the importance of confidentiality, but also recognize that confidentiality is not absolute. There are [...]

CONFIDENTIALITY – High Risk Behavior of Patient

A CPH-insured mental health practitioner requested that I comment on a situation with a patient that raised questions about the duty of [...]

AVOIDING LIABILITY – SOME BASICS

Much of what I write in this monthly column/blog  is about a variety of specific legal topics and issues that affect mental health [...]

Insurance Fraud, Minors and Privilege, Neglect

According to the National Health Care Anti-Fraud Association, which is an organization founded in 1985 by several private health [...]

Mental Illness and Treating Dangerous Patients

It seems that each time there is a mass shooting, followed by an outcry for gun control legislation (and improvements to school [...]

Reminders and Information to Avoid Liability

Advertisements by licensed mental health practitioners must not be false, fraudulent, misleading or deceptive. Care should therefore be [...]

TERMINATION AND REFERRAL – When Does the Duty to the Patient End?

One aspect of termination and referral that I have not previously written about involves the issue of follow-through after a referral [...]

SCOPE OF COMPETENCE/SCOPE OF LICENSE

May a licensed marriage and family therapist, psychologist, LCSW, or a licensed professional clinical counselor provide a patient or [...]

HIPAA’s PRIVACY RULE and STATE PRIVACY/CONFIDENTIALITY LAWS – CONFLICTS

Mental health practitioners and health care entities must determine whether or not they are “covered providers” or “covered entities” [...]

Advocacy – A Caution

Licensed mental health practitioners may sometimes act as advocates (sometimes unwittingly) for their patients (e.g., contesting [...]

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