Category Archives: Ethics and HIPAA

Violation of Ethics Code – Notification of Licensing Board?

Can your license be revoked or otherwise disciplined by the state licensing board for a violation of the code of ethics of the [...]

Conviction of a Crime

Do you believe that a licensed mental health professional should lose his or her license (and perhaps a successful career) after the [...]

Potpourri

Administrative Due Process – The term “administrative due process” refers to the due process rights of licensed mental health [...]

Mental Illness, Guns and Dangerous Patients

It seems that every time there is a mass shooting event, followed by an outcry for gun control legislation (and school safety), there [...]

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, [...]

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