Category Archives: Client Death, Suicide Risks or Criminal Acts

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 [...]

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 [...]

CONFIDENTIALITY – Death of Patient

While thankfully not an everyday occurrence, it is not a rarity that a patient unexpectedly dies during the course of treatment or [...]

Patient Reveals Sex With Prior Therapist – Protecting the Public?

Some may ask why there is no requirement for the subsequent therapist to report such alleged unlawful or criminal behavior on the part [...]

A Brief Review of Some Duties and Requirements

What are the various duties or obligations of a licensed mental health practitioner? Are there both legal duties and ethical duties, [...]

Know Your Risks: Family Law, Fictitious Business Names, Privilege / Confidentiality, Subpoenas / Privilege, Testimony Under Oath and Child Abuse Reporting

One of the most important things for practitioners to know about family law involves the issue of child custody. More specifically, it [...]

Dangerous Patients – Duty to Warn / Duty to Protect

I have written extensively on this topic in this Avoiding Liability Bulletin and elsewhere. Over the years, statutes may have been [...]

Brief Reminders / Questions For New Year

Advocacy: Do you consider yourself to be an advocate for your clients? Is advocacy a part of your legal or ethical responsibilities or [...]

Sandy Hook Elementary School

As we reflect on another mass shooting, we find tragically that in all of the mass killings, which go back to the Oklahoma City Federal [...]

“Predicting” and Preventing Suicide

While practitioners cannot be expected to reliably “predict” or foretell suicide, competent practitioners are expected to be [...]

Treating Children – Selected Legal Issues

Therapists and counselors treat children both with and without the consent of one or both parents. It is not uncommon for practitioners [...]

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