Seminar Detail

Legal Issues in Behavioral Health in Maryland: Legal and Ethical Considerations
Legal Issues in Behavioral Health in Maryland: Legal and Ethical Considerations

Where:   TIMONIUM, MD

When:  Wednesday, August 22, 2018 at 8:00 AM - 4:00 PM

This event is not currently available for purchase.

For more information: Call (800) 844-8260
Course Description:

Without the proper legal awareness needed to stay in compliance, you may face grave legal and financial consequences. This seminar will show you how to continue to help the people you’ve been trained to help while still protecting yourself from many legal pitfalls. If you attend only one seminar this year, make it this one.

Join attorney Lois Fenner for an entertaining and enlightening day and leave with a greater understanding of the latest Maryland laws as they relate to behavioral health. You will take home practical strategies to minimize and manage legal and ethical risks and you will learn how to immediately implement these risk reducing strategies into your practice.
Objectives:

  1. Establish practices for ensuring HIPAA compliance to protect client’s privacy and minimize risk of litigation.
  2. Compare the different requirements for release of protected health information via subpoenas and court orders.
  3. Explore the legal and ethical considerations for the treatment of minor populations in Maryland with regard to age of consent, confidentiality and custody concerns.
  4. Differentiate between the processes for voluntary and involuntary commitment for treatment and determine the clinician’s role in each.
  5. Develop policies on ethical issues such as restraints, seclusion and informed consent.
  6. Designate the treatment provider’s responsibilities relating to mental health issues and duty to warn law in Maryland.
OUTLINE

Overview/Confidentiality of Mental Health Records
  • When and to Whom Records Can Be Released
  • Mandatory Disclosure Requirements
  • Alcohol/Drug and AIDS/HIV Treatment Records
  • Necessary Documentation
HIPAA 101 – Federal Confidentiality Regulations
  • What is HIPAA Today?
  • How Do I Comply with the Regulations?
  • What Are “Psychotherapy Notes”?
  • When May I Release Records?
  • How Much Paperwork Will This Be for My Office?
Responding to Subpoenas, Court Orders and Law Enforcement
  • Subpoenas: Types of Subpoenas; Duty to Respond; Time Limits
  • Search Warrants & Court Orders
  • Authority to Obtain Information
  • Investigations
  • Development of Policies and Procedures to Respond
Balance the Rights of Minors & Parents
  • Minors’ Rights
  • Age of Majority
  • Access to Records
  • Rights of Minors to Refuse/Consent to Medication and Treatment
  • Alcohol, Drug Abuse and Treatment Issues for Minors
  • Parental Rights
  • Custodial and Divorce Factors
  • Child Abuse Allegations
  • Custodial vs. Non-Custodial Parent’s Rights to Records
Voluntary and Involuntary Mental Health Commitments
  • Reasons to Use a Voluntary Commitment or an Involuntary Commitment
  • Grounds for an Involuntary Commitment: Dangerousness (as Defined by Statute)
  • Mental Illness
  • Procedures
Professional Ethics and Boundary Issues
  • Consent Elements and Competency Issues
  • Medication: Right to Refuse
  • Restraints and Seclusion
  • Individual’s Legal Rights
  • Informed Consent
  • Boundary Issues: Where the Lines Are Blurred
  • Prescribing Practices
  • Board of Health Professionals Investigation - Disciplinary Proceedings
Legal Liabilities of the Professional
  • Duty to Warn Issues
  • Professional Obligations and Standards
  • Fraud & Abuse Issues
  • Billing & Coding Errors
  • Documentation
  • Compliance with Contradictory Laws

LOIS A FENNER, R.N., M.S., ATTORNEY AT LAW

Lois Fenner, R.N., M.S., Attorney at Law, is an honors graduate of the University of Maryland School of Nursing Graduate School and the University of Maryland School of Law. She is an attorney and Registered Nurse, Certified Clinical Specialist. Ms. Fenner is a member of the Maryland Trial Lawyers Association, The American Nurse Attorneys Association, Women's Bar Association, past President of the Monumental City Bar Association, Phi Kappa Phi and Sigma Theta Tau Honor Societies and the National Exchange Club. She has been recognized by the Alliance of Black Women Attorneys with the 1997 Distinguished Women in Law Award, the Baltimore Marketing Association Harold Young Leadership Award in 2000, and the Baltimore County Diversity Award in 2001. Additionally, she is a three-time recipient of the Daily Record's Top 100 Women in Maryland Award, and has been recognized as a Baltimore Business Journal's Who's Who in Law in 2003.

She was selected as one of the Super Lawyers in 2009 and 2010. Her practice focuses on medical litigation and health care to include medical malpractice, personal injury, accreditation, workers compensation, wrongful death and licensure issues.

Speaker Disclosures: Financial: Lois A. Fenner is in private practice. She receives a speaking honorarium from PESI, Inc. Nonfinancial: Lois A. Fenner has no relevant nonfinancial relationships to disclose.
Credits listed below are for full attendance at the live event only. After attendance has been verified, pre-registered attendees will receive an email from PESI Customer Service with the subject line, “Evaluation and Certificate” within one week. This email will contain a link to complete the seminar evaluation and allow attendees to print, email or download a certificate of completion if in full attendance. For those in partial attendance (arrived late or left early), a letter of attendance is available through that link and an adjusted certificate of completion reflecting partial credit will be issued within 30 days (if your board allows). Please see “live seminar schedule” for full attendance start and end times. NOTE: Boards do not allow credit for breaks or lunch.

If your profession is not listed, please contact your licensing board to determine your continuing education requirements and check for reciprocal approval. For other credit inquiries not specified below, or questions on home study credit availability, please contact cepesi@pesi.com or 800-844-8260 before the event.

Materials that are included in this course may include interventions and modalities that are beyond the authorized practice of mental health professionals. As a licensed professional, you are responsible for reviewing the scope of practice, including activities that are defined in law as beyond the boundaries of practice in accordance with and in compliance with your professions standards.

PESI, Inc. offers continuing education programs and products under the brand names PESI, PESI Healthcare, PESI Rehab and Psychotherapy Networker.




ETHICS
This seminar qualifies for 6.25 hours of State specific ethics instruction. If ethics is not specified within your licensing board’s approval statement below, please contact your board to determine the applicability and amount of ethics allowed.


ADDICTION COUNSELORS
This course has been approved by PESI, Inc., as a NAADAC Approved Education Provider, for 6.0 CE in the Legal, Ethical and Professional Development skill group. NAADAC Provider #77553. PESI, Inc. is responsible for all aspects of their programming. Full attendance is required; no partial credit will be awarded for partial attendance.


COUNSELORS
This intermediate activity consists of 6.25 clock hours of continuing education instruction. Credit requirements and approvals vary per state board regulations. Please save the course outline, the certificate of completion you receive from the activity and contact your state board or organization to determine specific filing requirements.

MARYLAND COUNSELORS: This intermediate activity is approved for 6.25 clock hours of continuing education instruction. The Maryland Board of Professional Counselors recognizes courses and providers that are approved by the NAADAC. A certificate of attendance will be awarded at the end of the program to counselors who complete the program evaluation, to submit to their state board.


MARRIAGE & FAMILY THERAPISTS
This activity consists of 380 minutes of continuing education instruction. Credit requirements and approvals vary per state board regulations. You should save this course outline, the certificate of completion you receive from the activity and contact your state board or organization to determine specific filing requirements.


NURSE/NURSE PRACTITIONERS/CLINICAL NURSE SPECIALISTS
This intermediate activity consists of 6.25 clock hours of continuing education instruction. Credit requirements and approvals vary per state board regulations. Please contact your licensing board to determine if they accept programs or providers approved by other national or state licensing boards. A certificate of attendance will be awarded at the end of the program to participants who are in full attendance and who complete the program evaluation.


PSYCHOLOGISTS
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PESI, Inc. is approved by the American Psychological Association to sponsor continuing education for psychologists. PESI maintains responsibility for this program and its content. PESI is offering this activity for 6.25 hours of continuing education credit. Full attendance is required; no partial credits will be offered for partial attendance.


SOCIAL WORKERS
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PESI, Inc. Provider #:1062, is approved as a provider for social work continuing education by the Association of Social Work Boards (ASWB), www.aswb.org through the Approved Continuing Education (ACE) Program. PESI, Inc. maintains responsibility for the program. ASWB Approval Period: January 27, 2017 - January 27, 2020. Social workers should contact their regulatory board to determine course approval for continuing education credits. Social workers participating in this course will receive 6.25 (Ethics) continuing education clock hours for this Intermediate course. A certificate of attendance will be awarded at the end of the program to social workers who complete the program evaluation.


OTHER PROFESSIONS
This activity qualifies for 380 minutes of instructional content as required by many national, state and local licensing boards and professional organizations. Save your course outline and certificate of completion, and contact your own board or organization for specific requirements.

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