Seminar Detail

Pennsylvania Mental Health & The Law - 2020
Where:
HARRISBURG, PA
When:
Monday, February 17, 2020 at 8:00 AM - 4:00 PM

This event is not currently available for purchase.

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

As a mental health professional, you not only deal with critical clinical matters with your clients – you must also stay up-to-date on seemingly ever-changing laws and procedures. Keeping up-to-date is essential in order to protect your clients and yourself. At this comprehensive one-day seminar you will gain an understanding of confidentiality, risk management, recent legislation and trends in mental health law in Pennsylvania, guardianship, commitment, practical legal options-and more, that will help you stay on top of issues that arise in everyday clinical situations.
Objectives:

  1. Explain the potential role of mental health professionals in legal proceedings related to client care.
  2. Identify client confidentiality issues and when clinicians are obligated to disclose protected health information.
  3. Navigate the legal and ethical issues related with the use of technology as related to clinical care.
  4. Articulate the role and responsibility of the treatment provider as related to duty to warn law in Pennsylvania.
  5. Compare the different requirements for release of protected health information via subpoenas and court orders.
  6. Summarize the standards and enforcement penalties under the HITECH Act.
OUTLINE

Privacy, Confidentiality and Disclosure of Mental Health Information in Pennsylvania
  • Constitutional right to privacy and mental health information
  • Inpatient and outpatient mental health services and the Mental Health Procedures Act – what survives HIPAA
  • HIPAA as amended by the HITECH act and as a base line National Privacy, Confidentiality and Disclosure Code
  • Informed Consent and the duty to explain the limits of confidentiality under state board regulations, including psychologists and recently enacted regulations for SW, MFT, and LPCs
  • Balancing the rights of children, adolescents and parents; the Minor’s Consent Act as amended by Act 147; rights of adolescents to control the release of the record
Special Issues
  • Social media and devices: Legal and ethical considerations for agencies and private practitioners – policy considerations
  • Shared legal custody and control of mental health information under Act 147 and the newly enacted Child Custody Law (Act 112 of 2010)
  • Legal Guardianship
Discovery Demands, Law Suits, and Audits
  • Professional licensure and privileged communications: Your legal and ethical duties as a private practitioner
  • Subpoenas and court orders: Duty to respond
  • Electronic discovery and implications for disclosure of mental health information and social media
  • Responding to investigations and audits
HITECH Act and Breach Notification Rules
  • Standards and enforcement penalties under the HITECH Act
  • Who is covered and what is a “breach”?
  • Who must be notified and how to notify?
Legal Liabilities of the Professional
  • Duty to Warn Issues/Professional Obligations and Standards
  • Fraud & Abuse Issues
  • Billing & Coding Errors
  • Documentation
Target Audience

  • Psychologists
  • Counselors
  • Social Workers
  • Marriage and Family Therapists
  • Risk Managers
  • Addiction Professionals
  • Case Managers
  • Nurses

RENEE H. MARTIN, JD, RN, MSN

Renee H. Martin, JD, RN, MSN, exclusively practices health care law and advises both individual and institutional behavioral health care providers on regulatory and transactional matters including patient safety and quality of care, fraud and abuse, reimbursement, compliance, and the development of corporate compliance plans. A significant portion of her practice centers on HIPAA compliance and informational privacy. She has represented numerous providers facing OCR audits and investigations and has brought each to a successful conclusion. As a registered nurse with over 15 years of clinical experience, she is uniquely qualified to assist clients in risk management, quality of care, and patient safety issues. Ms. Martin frequently writes and speaks nationally on a variety of health law issues.

Ms. Martin received her Diploma in Nursing from Bryn Mawr Hospital in 1977, B.S.N. magna cum laude from Neumann College in 1982, her M.S.N. magna cum laude from Villanova University in 1988, where she was listed in “Who’s Who in American Nursing,” and her J.D. from Villanova University School of Law in 1994, where she was a member of the Moot Court Board.

Ms. Martin is admitted to practice in Pennsylvania and is a registered nurse in the Commonwealth of Pennsylvania. She is a member of the American and the Pennsylvania Bar Associations. She is a member of the firm of Dilworth Payson, LP.

Disclosures:

Financial: Renee H. Martin is Of Counsel in its Health Care Practice Group for Dilworth Paxson, LLP. She receives a speaking honorarium from PESI, Inc.

Non-financial: : Renee H. Martin is a member of the American Bar Association; and the Pennsylvania Bar Association.
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 includes 4.0 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.

Pennsylvania Addiction Counselors: This course has been reviewed and approved for by the Pennsylvania Certification Board. This course will award 6.0 PCB Approved Hours of Education. (Valid for PA locations only)


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.

Pennsylvania Counselors: The Pennsylvania State Board of Social Workers, Marriage and Family Therapists and Professional Counselors accepts many national association CE approvals, several of which PESI offers. For a full list, please see your State Board regulations at https://www.dos.pa.gov/ProfessionalLicensing/BoardsCommissions/. This Intermediate activity consists of 6.25 clock hours of continuing education instruction.


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.

Pennsylvania Marriage & Family Therapists: The Pennsylvania State Board of Social Workers, Marriage and Family Therapists and Professional Counselors accepts many national association CE approvals, several of which PESI offers. For a full list, please see your State Board regulations at https://www.dos.pa.gov/ProfessionalLicensing/BoardsCommissions/. This Intermediate activity consists of 6.25 clock hours of continuing education instruction.


Nurses, Nurse Practitioners, and Clinical Nurse Specialists
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PESI, Inc. is accredited as a provider of continuing nursing education by the American Nurses Credentialing Center’s Commission on Accreditation.

Nurses in full attendance will earn 6.3 contact hours. Partial contact hours will be awarded for partial attendance.

Pennsylvania Psychologists: CE credit is available. PESI, Inc. is approved by the Pennsylvania State Board of Psychology to offer continuing education for psychologists. Provider #PSY000211. PESI maintains responsibility for the program(s). This program qualifies for 6.25 continuing education hours.


Social Workers
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PESI, Inc., #1062, is approved to offer social work continuing education by the Association of Social Work Boards (ASWB) Approved Continuing Education (ACE) program. Organizations, not individual courses, are approved as ACE providers. State and provincial regulatory boards have the final authority to determine whether an individual course may be accepted for continuing education credit. PESI, Inc. maintains responsibility for this course. ACE provider approval period: January 27, 2020 - January 27, 2023. Social Workers completing this course receive 2.25 Clinical Practice and 4.0 Ethics continuing education credits. No more than 6.25 total CE hours may be awarded for this activity. Course Level: Intermediate. Full attendance is required; no partial credits will be offered for partial attendance. A certificate of attendance will be awarded at the end of the program to social workers who complete the program evaluation.

Pennsylvania Social Workers: The Pennsylvania State Board of Social Workers, Marriage and Family Therapists and Professional Counselors accepts many national association CE approvals, several of which PESI offers. For a full list, please see your State Board regulations at https://www.dos.pa.gov/ProfessionalLicensing/BoardsCommissions/. This Intermediate activity consists of 6.25 clock hours of continuing education instruction.


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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