Category Archives: Ethics and HIPAA

Mandatory Reporting, Confidentiality When Communicating With Other Health Care Professionals and Access to Records vs. Subpoena for Records

Most licensed mental health practitioners are aware of their duty to report knowledge or reasonable suspicion of child abuse, elder [...]

Patient Access to Treatment Records

While mental health treatment records are owned by the practitioner (assuming a private practitioner/sole proprietorship), patients [...]

Cyber Liability: Laptop Theft and Other PHI Breach Risks

Mental and allied health providers, especially business entities, have a heightened cyber security risk exposure because we're not just [...]

Privilege and Confidentiality – A Deeper Look

In the September 2017 issue of this Avoiding Liability Bulletin, I raised several questions regarding the related but different [...]

General Topics / Considerations for Mental Health Professionals to Prevent Exposure to Licensing Board Complaints

Below is a second outline to the previous article, "An Outline of Commonly Encountered Litigation Issues for Mental Health [...]

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 [...]

Breach of Confidentiality Claims

Therapists and counselors are expected to be keenly aware of their duty of confidentiality, but it is often the case that confidential [...]

Spousal Abuse & Confidentiality

Therapists and counselors will encounter a variety of situations where they learn of (or reasonably suspect) an act that constitutes, [...]

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 [...]

Ethics – Enforcement

What is the difference between an ethics violation and a violation of a state law or regulation governing professional conduct? If your [...]

Advertising, Options for Patient Request for Copy of Records & Holding Insurers Accountable

Advertising is one way in which therapists and counselors can attempt to expand their private practices. Mental health practitioners [...]

Licensing Board Issues Warning to Patients who Travel Out of State! (Regarding Telephone Counseling / Psychotherapy)

Suppose that you have been treating or counseling an adult individual, or a couple, or a child for a period of time for a particular [...]

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