The Legal Guide for Practicing Psychotherapy in Colorado 2003

by Lane, Denis K.

• ISBN13: 9781883726201
• ISBN10: 1883726204
• Format: Paperback
• Copyright: 2003-06-01
• Publisher: Bradford Pub Co

Summary

An essential guide to help understand how to comply with the legal standards established by the Colorado Legislature for the practice of psychotherapy. It also outlines Colorado law pertaining to the duty of confidentiality and sets forth the circumstances under which communications between client and therapist are considered confidential.

Table of Contents

Colorado Judicial System	1	(12)
Judicial Districts	1	(1)
County Court	1	(1)
Small Claims	2	(1)
District Court	3	(1)
Court of Appeals	4	(1)
Colorado Supreme Court	4	(1)
Municipal Courts	5	(1)
Federal Courts	5	(1)
Players and Roles	6	(7)
Confidentiality	13	(34)
Duty of Confidentiality	13	(1)
Sources of Confidentiality	13	(2)
Colorado Confidentiality Statute	15	(2)
Common Law	17	(2)
Ethical Duties	19	(1)
Federal Privacy Statutes	19	(1)
Statutory Privilege	20	(1)
Physician-Patient Privilege	21	(1)
Therapist-Client Privilege	22	(1)
Confidential Intermediary	23	(1)
Exceptions to Confidentiality	23	(1)
Mandatory Reporting of Child Abuse or Neglect	23	(5)
Criminal Prosecutions for Child Abuse	28	(1)
Duty to Warn	28	(3)
Duty to Report a Crime	31	(1)
Duty to Report Mistreatment of an At-Risk Adult/Elder Abuse	32	(2)
Waiver by Client	34	(1)
Care and Treatment of the Mentally Ill	35	(1)
Parental Responsibility/Parenting Time Evaluations	36	(2)
Treating Adolescents	38	(1)
Federal Law Regarding Confidentiality and HIPAA	39	(2)
Practice Pointers	41	(1)
Releasing Files and Records	41	(1)
Office Management	42	(1)
Legal Responses	43	(4)
Testifying as an Expert	47	(16)
Expert Witness Testimony	47	(1)
Offered Testimony Must Be Helpful	47	(2)
Qualifying as an Expert	49	(1)
Types of Testimony	49	(1)
Basis of Testimony	50	(1)
Disclosure of Underlying Facts or Data	51	(1)
Being Retained	51	(2)
Preparing a Report	53	(1)
Deposition Practice	54	(2)
Preparation for Trial	56	(1)
On the Witness Stand	57	(2)
Your Rights as a Witness	59	(1)
Immunity	60	(1)
Testifying Is Fun	61	(2)
Malpractice and Professional Liability	63	(30)
Negligence	63	(3)
Specific Types of Negligence	66	(1)
A Word of Caution	67	(2)
Duty to Warn and Protect	69	(3)
Invasion of Privacy	72	(1)
Outrageous Conduct	72	(1)
Sexual Relations with a Client	73	(2)
Failure to Report Child Abuse	75	(1)
Insurance Fraud	75	(2)
Responding to a Lawsuit	77	(1)
Malpractice Insurance	78	(1)
Malpractice Prevention	78	(5)
Informed Consent	83	(1)
Current Litigation Trends and Controversies	84	(4)
Maintaining Client Records	88	(1)
Pastoral Counseling/Spiritual Counseling	89	(4)
Restriction of Client Liberties	93	(44)
Guardianship	93	(9)
Conservatorship	102	(1)
Restraining Orders	103	(4)
Involuntary Mental Health Commitments	107	(11)
Care and Treatment of a Minor	118	(2)
Treatment of Alcoholics	120	(4)
Care and Treatment of the Developmentally Disabled	124	(4)
Allocation of Parental Responsibilities	128	(2)
Parenting Time	130	(2)
Criminal Insanity	132	(3)
The Role of the Psychotherapist	135	(2)
Licensing Considerations	137	(26)
Licensed Professionals	137	(4)
Mandatory Disclosure of Information	141	(2)
Non-Disclosure of Confidential Communications	143	(1)
Grievance Procedures	144	(2)
Rules of the Mental Health Boards	146	(4)
Prohibited Activities	150	(2)
Unlawful Acts	152	(1)
Professional Service Corporations	153	(1)
Psychiatrists	154	(4)
Drug and Alcohol Counselors	158	(1)
Approved Domestic Violence Treatment Providers	158	(2)
Psychiatric Technicians	160	(3)
Business Aspects	163	(20)
Government Employment	163	(1)
Nonprofit Corporations	163	(1)
Business Entities	164	(1)
Sole Proprietorship	164	(2)
Partnerships	166	(3)
Corporations for Profit	169	(3)
Employees or Independent Contractors	172	(4)
Employment Law	176	(3)
Workers' Compensation	179	(1)
Employer Payroll Taxes	179	(1)
Employee Withholdings	179	(1)
Insurance	180	(1)
Collecting Fees	180	(1)
Estate Planning	181	(1)
Use of Professionals	181	(2)
Forms	183	(8)
Table of Statutes	191	(6)
Index	197