Category Archives: Avoiding Liability Bulletin

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 [...]

No Surprises Act

The policy underlying the No Surprises Act (“NSA”) is to protect consumers from unanticipated and expensive bills for out-of-network [...]

Potpourri

Advocate – Health care practitioners do not typically think of themselves as advocates for their patients. They are treatment [...]

Conflicts

Mental health practitioners may encounter conflicts, or what is also referred to as “conflicts of interest,” during the course of [...]

CONFIDENTIALITY

Confidentiality is the cornerstone of psychotherapy and most patients expect it. Many patients, however, perhaps most, are not aware of [...]

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 [...]

New Texas Abortion Statute

On September 1st, 2021 Texas Senate Bill No. 8, known as the Texas Heartbeat Act, became law.  Its intention was to severely limit a [...]

Treating Children

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

Conflicts – Treating Multiple Members of a Family

Many mental health practitioners treat more than one member of a family, either concurrently or consecutively. This occurs most [...]

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