Product Detail

1. Understand the process of implementing reasonable and appropriate security measures and knowledge of how to access policy and procedure templates.
2. Develop policies on ethical issues such as restraints, seclusion and individual rights.
3. Recognize security breach analysis and notification strategies.
4. Describe the major requirements in responding to a deposition or responding to questions asked in a court of law.
5. List the updated HIPAA and HITECH Act laws and how they pertain directly to Behavioral Health in Kansas.
6. Compare and contrast the differences between HIPAA and other laws and know which takes priority.
7. Identify at least three issues for which mental health professionals may be held legally liable if not compliant with existing regulations or laws.
8. Equip healthcare organizations with the knowledge and practical applications to achieve “audit readiness”.

Clinical Information Requirements

• Overview of HIPAA’s Requirements
• Documentation Requirements
• Retention Requirements

Confidentiality of Mental Health, HIV & Substance Abuse Records

• What is Confidentiality?
• Confidentiality versus Privacy
• Mental Health Information
• Substance Abuse Information under 42 C.F.R. Part II
• When & To Whom Records Can Be Released
• Alcohol/Drug and AIDS/HIV Treatment Records
• Protected Health Information under HIPAA
• HIPAA versus Other Laws-Which Takes Priority?

Implementing Security and Privacy Under HIPAA and Other Confidentiality Laws

• Key Changes under the HITECH Act
• Criminal and Civil Liability for Violations
• Risk Analysis with Case Study
• Implementing Reasonable and Appropriate Security Measures
• Writing and Adopting Required Policies

Rights

• State and Federal Laws
• Informed Consent
• Minors
  • Refuse/Consent to Medication/Treatment
  • Alcohol/Drug Abuse
  • Access to Records
• Parental Rights
  • Rights to Records
  • Custodial versus Non-Custodial Parents
• Child Abuse Allegations
• Competency Issues

HIPAA Rights

• Access to Patient Records
• Accounting Records
• Requesting Corrections
• Requesting Restrictions
• Alternate Communications

Professional Ethics and Legal Liabilities

• Disciplinary Proceedings
• Expert Testimony
• Duty to Warn Issues
• Professional Obligations and Standards

Mental Health Professionals & the Legal System

• How to Respond to a Breach
• In Deposition or the Court Room:
• Responding to Questions
• Testimonial Privileges
• Divorce
• Criminal/Civil

Richard D. Dvorak, is a shareholder in Tomes & Dvorak, Chartered, a Kansas City area law firm. After serving eight years in the United States Marine Corps, Richard obtained his law degree from Chicago-Kent College of Law in 1992. He is licensed to practice law in Illinois, Missouri, and Kansas, including various U.S federal courts. Mr. Dvorak’s extensive litigation experience includes medical malpractice, physician licensure, mental health disability cases, military cases, and criminal cases, among others. As vice president of Veterans Press, Inc., Richard has been instrumental in producing cost-effective health information compliance tools. Along with Jonathan P. Tomes, and Michael I. Spak, Richard is also coauthor of the book Medical Records Retention Guide, 4th ed., published by Veterans Press in 2011.

As vice president of EMR Legal, Inc., Richard provides consulting services for clients ranging from a large county government, with eight different health entities that need HIPAA compliance help, to a small transcription service. His specialty is helping smaller entities comply in a cost-effective manner using his extensive technical computer knowledge and business acumen. As a small businessman, Richard understands the need to help others learn how to comply with government regulations in a reasonable, cost-effective manner.



Speaker Disclosures:

Financial: Richard Dvorak is a Managing Partner for Tomes & Dvorak, Chartered. He receives a speaking honorarium from PESI, Inc. He has no relevant financial relationships with ineligible organizations.

Non-financial: Richard Dvorak has no relevant non-financial relationship to disclose.

For U.S. and Canadian customers, a CE test is available for $9.99 USD per participant. International CE rates may vary; please contact our Customer Service at 1-800-844-8260 for more details.

Listed below are the continuing education credit(s) currently available for this non-interactive self-study package. Please note, your state licensing board dictates whether self study is an acceptable form of continuing education. Please refer to your state rules and regulations.

Certificates of Successful Completion may be emailed, faxed or mailed to participants completing the post-test/evaluation and paying the CE fee.

**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.

All members of the PESI, Inc. planning committee have provided disclosures of financial relationships with ineligible organizations and any relevant non-financial relationships prior to planning content for this activity. None of the committee members had relevant financial relationships with ineligible companies or other potentially biasing relationships to disclose to learners. For speaker disclosures, please see the faculty biography.

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Ethics
This self-study course includes 6.25 hours of state specific ethics instruction. Not all boards allow ethics credit for self-study products. 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.

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Addiction Counselors

This self-study 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.

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Counselors
This intermediate self-study 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.

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Marriage & Family Therapists
This self-study 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 this self-study activity and contact your state board or organization to determine specific filing requirements.

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Nurses, Nurse Practitioners, and Clinical Nurse Specialists
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.

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Psychologists
This self-study 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 and the certificate of completion you receive from this self-study activity. Contact us for more information on your state board or organization specific filing requirements.

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Social Workers
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 self-study course. ACE provider approval period: January 27, 2017 - January 27, 2020. Social Workers completing this course receive 6.0 Ethics continuing education credits for completing this self-study course. 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.

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Other Professions
This self-study activity qualifies for 6.0 clock hours of instructional content as required by many national, state and local licensing boards and professional organizations. Retain your certificate of completion and contact your board or organization for specific filing requirements.

Disclaimer: **Information obtained in this course should be used within your scope of practice.
**It is your ethical responsibility to report accurate hours to your licensing board.
**All self-study participants must complete and pass (80% or better) a post-test and evaluation prior to receiving a certificate of completion. If you require a copy of the test/evaluation for CE purposes, please print at the time you take the test. Or you may call our customer service department and a copy of your test/evaluation will be emailed to you. Please allow 30-45 days.

Addiction Counselors, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers, and other Mental Health Professionals