California Law and Ethics for Behavioral Health Professionals

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Handouts/Brochure

Speaker

Pamela Harmell, PhD Related seminars and products

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Dr. Pamela Harmell is a national lecturer specializing in legal and ethical issues in clinical practice. She is a Clinical Professor at the Pepperdine University Graduate School of Education and Psychology. Dr. Harmell has written extensively on legal and ethical treatment of patients and has formally studied law. Additionally Dr. Harmell conducted her dissertation research on countertransference titled “The Effects of Therapist Self-Awareness on Countertransference.” Dr. Harmell is a psychologist licensed in the state of California and has a private practice specializing in clients abused by former therapists and also treats adults and couples. She is the Past President of the Board of Psychology, the former Chair of the California State Ethics Committee and former long term member of the Los Angeles County Psychological Association Ethics Committee. She served on the Board of Directors of the California Psychological Association and is Past President of the Los Angeles County Psychological Association. Dr Harmell was honored by Pepperdine University to be a 2024 recipient of the Howard A. White award for teaching excellence which is only given to professors considered to be outstanding educators. Dr. Harmell is well known for her expertise in legal and ethical considerations in clinical practice and is sought after by clinicians, educators and attorneys for consultation related to legal and ethical dilemmas. Dr Harmell has been doing research and professional presentations on the topic of legal and ethical issues for over three decades.

 

Speaker Disclosures:
Financial: Pamela Harmell maintains a private practice and has an employment relationship with Pepperdine University Graduate School of Education & Psychology. She receives a speaking honorarium from PESI, Inc. She has no relevant financial relationships with ineligible organizations.
Non-financial: Pamela Harmell serves as the chair for LACPA Ethics Committee and the CPA Ethics Committee. She is a member of the American Psychological Association and the Los Angeles County Psychological Association.

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Objectives

1. Utilize the Four Bins Method to handle ethical dilemmas in clinical practice.
2. Examine countertransference as a tool to avoid therapist burnout.
3. Determine when self-disclosure will build trust or when it will deter a client from sharing important clinical material.
4. Differentiate when it may be ethical to work across state lines and when it is deemed practicing without a license to work across state lines.
5. Utilize the revised reporting requirements for “duty to protect” in Tarasoff/Ewing cases in California.
6. Determine when to report sexting and sexual behavior among minors as child abuse to DCFS.

Outline

Ethics and the Legal System

• The four mechanisms holding therapists accountable
  • Duty of care
  • Standard of care
  • Demonstrable harm
  • Proximate cause
• Civil and criminal situations
• Case law and statute
• Four Bins method of Ethical decision making
• Limitations of the research and potential risks

Seven Step Cultural Decision Making Model

• Use a wide diversity lens
• Consult ethical standards
• Self reflection
• Consultation with diverse therapists
• Develop options
• Implement action plan
• Reflect on decision making process

Recognize and Minimize Counter Transference and Burnout in Practice

• Three types of counter transference 
  • Reaction to patients transference
  • That pertaining to therapists own issues
  • A normal reaction to the patients behavior or comments
• Positive and negative counter transference
• Clinical impact of unresolved counter-transference
• How unresolved countertransference breaches the standard of care
• The dangers of inappropriate contact with clients
• Countertransference and breaches of confidentiality
• Strategies to gain awareness of countertransference
• Importance of self care

Ethical Standards Around Therapist Self-Disclosure

• Three types of self disclosure
  • Inescapable
  • Immediate and unplanned
  • Deliberate
• Iconic research findings
• Two elements to consider prior to self-disclosure
• Positive and negative effects of self-disclosure

Reach Out and Shrink Someone – The Age of Technology  

• Working across state lines
• Applying evidence-based therapy online
• Requirements for a specific informed consent for telehealth
• Awareness of encryption
• Payment methods and programs that are hipaa compliant
• Knowledge of the cures act
• Appropriate and safe hipaa compliant record keeping
• The “third party rule”

Duty to Protect for California Psychotherapists

• Original Tarasoff
• Case Law Additions to Tarasoff 
  • 2004 Ewing ruling
• California no longer a Duty to Warn state
• Assessment and detection

Abuse Reporting California Laws: Child Abuse 

• How to report child abuse to DCFS
• Assessment and detection of abuse
• Department of Consumer Affairs decision about reporting
• Sexting and sexual behavior and reporting to DCFS
• NSSI and minors
• Working with minors without parental consent
• Guidelines for letter writing at patient request

Target Audience

• California Mental Health Professionals