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Seminar Detail

Legal & Ethical Issues in Behavioral Health in Oregon

Where:
PORTLAND, OR
When:
Monday, February 17, 2020 at 8:00 AM - 3:45 PM

This event is not currently available for purchase.

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

A better understanding of your ethical and legal obligations can not only help you provide more effective treatment to your clients, but can help you avoid costly mistakes. This seminar will provide you with the necessary tools to avoid a wide range of ethical and legal pitfalls.

If you attend only one seminar this year, make it this one. Join attorneys Paul Cooney and David Madigan for this entertaining and enlightening day and leave with a greater understanding of the latest Oregon law as it relates to mental 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. Develop policies on ethical issues such as restraints, seclusions and informed consent.
  2. Designate the treatment provider’s responsibilities relating to mental health issues and duty to warn law in Oregon.
  3. Explore the legal and ethical considerations for the treatment of minor populations in Oregon with regard to age of consent, confidentiality and custody concerns.
  4. Establish practices for ensuring HIPAA compliance to protect client’s privacy and minimize risk of litigation.
  5. Compare the different requirements for responding to subpoenas and court orders for mental health records.
  6. Determine the legal considerations for a clinician to be prepared when called for a deposition.
OUTLINE

Professional Ethics and Boundary Issues
  • Informed Consent Issues
  • Ethics & Board Complaints
Legal Liabilities of the Professional
  • Current Litigation Trends & Liability for Lost Data
  • Clients Who Threaten You or Your Staff
  • Business Issues for the Private Practitioner
  • Business Issues for the Rural Practitioner
  • Duty to Warn
  • Suicidal Patients – Treatment and Documentation
  • Abuse Reporting – Child/Elder/Developmentally Disabled
Balance the Rights of Minors & Parents
  • Minors Rights
    • Age of Majority
    • Access to Records
    • Rights of Minors to Refuse/Consent to Medication and Treatment
  • Parental Rights
    • Custodial and Divorce Factors
    • Child Abuse Allegations
    • Custodial vs. Non-Custodial Parent’s Rights to Records
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
Compliance with HIPAA and State Confidentiality Laws
  • What Protections are Necessary to Insure Compliance?
  • What are the Potential Liability Issues for Breaches of Confidentiality?
  • What are the “Best Practices” for Health Care Providers to Insure Compliance/
  • Practicing in the Digital Age
Responding to Subpoenas, Court Orders and Law Enforcement
  • Subpoenas
    • Types of Subpoenas
    • Duty to Respond
    • Time Limits
  • Court Orders
    • Duty to Respond
Litigation Issues & Board Complaints
  • How to Prepare for a Deposition
  • Documentation Issues
  • What Can Be Done in Advance to Better Protect the Provider and the Clients
Ethics of Electronic Communication
  • Encryption
  • Email and Texting
  • Tele-Mental Health
Target Audience

  • Social Workers
  • Psychologists
  • Counselors
  • Marriage & Family Therapists
  • AODA Professionals
  • Case Managers
  • Nurses
  • Health Information Managers
  • Medical Records Professionals

PAUL A. COONEY, J.D.

Paul A. Cooney, J.D., is a healthcare attorney who has been in practice for 22 years. Mr. Cooney is managing partner at Cooney, Cooney and Madigan LLC where he specializes in healthcare litigation and represents a wide variety of healthcare professionals in all aspects of their practice. Mr. Cooney is general counsel for the Oregon Psychological Association. He represents mental health professionals in malpractice cases, licensing and discipline matters as well as general business matters. He is licensed to practice in Oregon and Washington and is a frequent speaker on legal issues and risk management.



Speaker Disclosures:

Financial: Paul Cooney is managing partner at Cooney, Cooney and Madigan LLC. He receives a speaking honorarium from PESI, Inc.

Nonfinancial: Paul Cooney has no relevant nonfinancial relationship to disclose.

DAVID J. MADIGAN, J.D.

David J. Madigan, J.D., is a partner at Cooney, Cooney and Madigan LLC. Dave has been in practice for 13 years and is licensed in both Oregon and Washington. As a healthcare attorney, Dave’s practice focuses on defending board complaints and advising healthcare practices on federal regulations, including Medicare, HIPAA and Stark regulations as well as setting up group practices. In the Cooney, Cooney and Madigan office, Dave is known as the subpoena guru.



Speaker Disclosures:

Financial: David J. Madigan is partner at Cooney, Cooney and Madigan LLC. He receives a speaking honorarium from PESI, Inc.

Non-financial: David J. Madigan has no relevant non-financial relationship 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.

The planning committee and staff who controlled the content of this activity have no relevant financial relationships to disclose. For speaker disclosures, please see speaker bios.

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




Ethics
This seminar includes 6.0 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, & 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 6.0 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.

Oregon Counselors: This intermediate activity consists of 6.0 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.


Marriage & Family Therapists
This activity consists of 365 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.


Nurses, Nurse Practitioners, and Clinical Nurse Specialists
American Nurses Credentialing Center Logo
PESI, Inc. is accredited as a provider of nursing continuing professional development by the American Nurses Credentialing Center’s Commission on Accreditation. Nurses in full attendance will earn 6.0 contact hours. Partial contact hours will be awarded for partial attendance.

Oregon Psychologists: CE credit is available. This live activity consists of 6.0 hours of continuing education instruction and is designed to meet the requirements of the Oregon Board of Psychology. Please save the course outline, certificate of completion, and any other supporting documentation you receive from this live activity in case it is requested by the board.


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 6.0 Ethics continuing education credits. 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.


Other Professions
This activity qualifies for 365 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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