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1. Communicate how to comply with HIPAA regulations.
2. Determine the process for responding to subpoenas and court orders.
3. Articulate the rights of minors and parents in mental health treatment and legal determinations.
4. Specify the role of the mental health professional in the commitment process.
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 the legal duty to warn.

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

Balancing 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 McBride, RN, MS, JD, Attorney at Law, is an honor’s graduate of the University of Maryland Graduate School of Nursing, Undergraduate School of Nursing, and University of Maryland Francis King Carey School of Law. She is an attorney admitted to practice before the Supreme Court of the United States, the Federal Bar and the Maryland Bar. Nurse-Attorney Fenner is a compact licensed registered nurse and a certified clinical nurse specialist.

She is a founding member of The American Association of Nurse Attorneys, past president of the Monumental Bar Association, a member of the Women’s Bar Association, and the Trial Lawyer’s Association. Nurse-Attorney Fenner has been recognized by the Alliance of Black Women Attorneys with the Distinguished Women in Law award and has been recognized as a Baltimore Business Journal’s Who’s Who in Law, with a selection as a Super Lawyer twice. Her law practice focuses on medical/healthcare litigation and consulting including medical malpractice, personal injury, accreditation, human resources, wrongful death, risk management, credentialing and professional boards/licensure.

Speaker Disclosures:
Financial: Lois Fenner McBride receives compensation as a Nurse Attorney, HR Consultant, and Educator-Lecturer. She receives a speaking honorarium and recording royalties from PESI, Inc. She has no relevant financial relationships with ineligible organizations.
Non-financial: Lois Fenner McBride has no relevant non-financial relationships.

Save time and $10 off the price of other submission methods – purchase & take the CE test online for $9.99 USD per participant. Additional processing fees apply for other submission methods (i.e. mail, fax, etc.). 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 are available for email, download and/or printing from your online account immediately following the successful completion of the post-test/evaluation.

**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 6.25 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.

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

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Psychologists & Physicians
PHYSICIANS: PESI, Inc. is accredited by the Accreditation Council for Continuing Medical Education to provide continuing medical education for physicians. PESI, Inc. designates this enduring material for a maximum of 6.0 AMA PRA Category 1 Credit(s)™. This activity was originally recorded on 03/30/2017. It was last reviewed on 12/21/2018 and is valid until 12/21/2021. Physicians should only claim credit commensurate with the extent of their participation in the activity.

PSYCHOLOGISTS: The following state psychologist boards recognize activities sponsored by PESI, Inc. as an approved ACCME provider: Alaska, Arkansas, California, Colorado, Georgia, Illinois, Indiana, Kentucky, Maine, Maryland, Missouri, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, Oklahoma, Pennsylvania, South Carolina and Wisconsin. This self-study activity consists of 6.0 clock hours of continuing education instruction. Certificates of attendance will be issued for you to submit to your state licensing board to recognize for continuing education credit. You are required to successfully complete and submit a post-test prior to receiving a certificate of completion.

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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 course. ACE provider approval period: January 27, 2020 - January 27, 2023. Social Workers completing this course receive 6.25 Ethics continuing education credits.

Course Level: Intermediate. Format: Asynchronous distance learning. Full attendance is required; no partial credits will be offered for partial attendance.

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Other Professions
This self-study activity qualifies for 6.25 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, Case Managers, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers, and other Mental Health Professionals