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Everything you need to legally safeguard your mental health practice
Fully revised, The Portable Lawyer for Mental Health Professionals, Third Edition identifies, explores, and presents solutions to both the simple and complex legal questions that mental health practices must deal with daily. Written by Thomas Hartsell Jr. and Barton Bernsteinattorneys and therapists specializing in legal issues concerning mental healththis essential guide arms professionals with the expert knowledge needed to avoid a legal violation, or to know how to handle a situation if a complaint is filed.
With downloadable sample forms and contractsincluding the new Informed Consent for Psychological Testing and Professional Limited Liability Member Agreement formsthis complete resource features step-by-step guidance, helpful case studies, and "legal light bulbs" to alert clinicians to warning signs and help them steer clear of legally questionable situations.
New to the Third Edition:
- Coverage of how to conduct business in a digital world, including how to handle confidentiality issues surrounding electronic health records and cloud computing, distance therapy, and maintaining a professional client-therapist relationship in a Facebook world
- Vital information on a variety of associations' ethics guidelines
- A look at the Health Information Technology for Economic and Clinical Health (HITECH) Act
- Considerations for using or not using evidence-based treatments
- New information on working with minors and dealing with homicidal clients
Convenient and comprehensive, The Portable Lawyer for Mental Health Professionals, Third Edition is the quick-reference resource that mental health professionals, graduate students, attorneys, and clients alike can rely on to make informed legal decisions.
THOMAS L. HARTSELL Jr., JD, is an attorney and mediator in private practice in Dallas, Texas. He is a frequent workshop presenter on topics related to ethics, managed care, confidentiality, informed consent, abuse allegations, and other legal aspects of mental health practice.
BARTON E. BERNSTEIN, JD, LMSW, is an attorney in private practice in Dallas, Texas, and a Licensed Master Social Worker. He conducts workshops and seminars throughout the United States.
Table of Contents
SECTION ONE: CLINICAL RECORDS: PROTECTED OR NOT
Chapter 01 Clinical Notes
Chapter 02 Consent Forms
Chapter 03 Correcting Errors
Chapter 04 Discharge or Termination
Chapter 05 Electronic Records
Chapter 06 Intake and Consent Forms
Chapter 07 Maintaining Records
Chapter 08 Treatment Plans & Client Access To Records
SECTION TWO: CONFIDENTIALITY
Chapter 09 Couples, Family, and Group Therapy
Chapter 10 Insider Information
Chapter 11 Third-Party Payers
SECTION THREE: CONTRACTS
Chapter 12 Capitation Agreements
Chapter 13 “Gag Rules”
Chapter 14 Office Leases
SECTION FOUR: FEES
Chapter 15 Setting Fees
Chapter 16 Sliding Fee Scales
Chapter 17 Recovering Unpaid Fees
SECTION FIVE: FORENSIC ISSUES
Chapter 18 Abuse Allegations
Chapter 19 Child Custody and Consent-to-Treat Issues
Chapter 20 Children as Witnesses
Chapter 21 Expert Witness
Chapter 22 Forensic Evaluation
Chapter 23 Involuntary Commitment
Chapter 24 Threats of Violence
SECTION SIX: PRACTICE MODELS
Chapter 25 Groups
Chapter 26 Partnerships
Chapter 27 Solo Practitioner: Incorporate or Not?
SECTION SEVEN: HOW TO AVOID MALPRACTICE CHARGES
Chapter 28 Acts of Commission
Chapter 29 Acts of Omission
Chapter 30 What to Do If You Get Sued
SECTION EIGHT: MANAGED CARE
Chapter 31 Confidentiality Issues
Chapter 32 Duty to Appeal
SECTION NINE: TEAMWORK
Chapter 33 Legal Aspects of Delegating
Chapter 34 Supervisor/Supervisee Responsibilities
SECTION TEN: Unusual Practices
Chapter 35 Geriatric Practice
Chapter 36 Nontraditional and Exotic Therapies
Chapter 37 Internet Therapy
Chapter 38 Social Media
SECTION ELEVEN: Federal Regulations
Chapter 39 Introduction and Overview
Chapter 40 Privacy Rule
Chapter 41 Personal Representatives
Chapter 42 Business Associate Contracts
Chapter 43 Uses & Disclosures For Treatment, Payment & Health Care Operations
Chapter 44 Disclosures For Public Health Activities & Workers Compensation
Chapter 45 Marketing & Research
Chapter 46 Notice Of Privacy Practices For Protected Health Information
Chapter 47 Restrictions On Government Access To Health Information
Chapter 48 Security Rule
Chapter 49 HITECH Act