LEGAL & ETHICAL ISSUES IN BEHAVIORAL HEALTH IN IDAHO – SHANE BENGOECHEA
For those working in the mental/behavioral health field, dealing with the day-to-day challenges of treating clients can be overwhelming in and of itself. However, the administrative and legal responsibilities are equally crucial. There are weighty decisions – the legal and prudent responses to a wide variety of situations – that demand a proper legal awareness in order to stay in compliance.
Without such knowledge, many well-meaning providers may face grave legal and financial consequences. The purpose of this practical recording is to gain important guidance and insight into mental health laws and regulations.
- Ascertain the relationship between your mental health professional practice & family law as it relates to clients.
- Explore the legal and ethical considerations for the treatment of minor populations in Idaho with regard to age of consent, confidentiality and custody concerns.
- Evaluate the laws regarding confidentiality of mental health records for clients.
- Recognize ethical challenges you should consider when responding to subpoenas that request disclosure of client records.
- Communicate the basic civil commitment procedures in Idaho and determine the clinician’s role in each.
- Consider ethical dilemmas clinicians face surrounding boundary setting with clinical practice.
Mental Health Professionals & Family Law
- Parental Rights
- Legal and Physical Custody
- Custodial Factors
- Custody Evaluations
- Expert vs. Fact Testimony
- Child Abuse Allegations
- Parental Alienation Syndrome
- Consent for Treatment When Parents are Divorcing/Divorced
- Deal with Minor’s Counsel
Minor’s Rights
- Age of Majority
- Access to Records
- Minor’s Consent to Treatment
- Right to Refuse Treatment
Confidentiality of Mental Health Records
- When and to Whom Records Can Be Released
- Mandatory Disclosures
- Alcohol/Drug Records
- HIV Records
- HIPAA Update/Business Associate Agreement
Respond to Subpoenas and Court Orders
- Confidentiality vs. Testimonial Privileges
- Types of Subpoenas
- Duty to Respond
- Time Limits
- Assert Confidentiality
- Produce Documents
- Limit the Amount of Disclosure
- Motions to Quash
Administrative Disciplinary Proceedings
- Codes of Ethics
- Violations of State Laws/Regulations
- Investigations by Regulatory Agency
- Conflicts of Interest
- Informed Consent
Professional Ethics, Boundary Issues and Legal Liability
- Consent
- Competency
- Right to Refuse Medication
- Restraints and Seclusion
- Duty to Warn
- Documentation
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