Product Detail

1. Discuss confidentiality related to HIPAA, behavioral health (including alcohol and drug), electronic medical records and privacy and security requirements
2. Describe the process for subpoenas and court orders for behavioral health records and how to respond, including court testimony
3. Identify the rights of minors in treatment, consent and legal determinations
4. Describe the role of the behavioral health professional in the emergency admission or civil commitment process
5. Develop policies consistent with legal, ethical and licensing requirements
6. Discuss a behavioral health professional’s Duty to Report, Protect and/or Warn

HIPAA Privacy & Security

• Overview of HIPAA Privacy Rules
• HITECH Security Breach notification requirements and other changes in auditing and enforcement of HIPAA

Confidentiality of Mental Health and Alcohol and Drug Program Records

• When other federal and state privacy laws are more restrictive than HIPAA
• Disclosures which require patient consent and those which do not
• Required documentation to authorize and record permitted disclosures
• Mandatory disclosures required by law
• Abuse, neglect or exploitation reporting and investigations

Responding to Subpoenas, Court Orders & Law Enforcement

• Types of subpoenas; Duty to Respond; Time limits; court orders
• Types of court orders; Duty to Respond In the court room
• Testimony and responding to questions
• Law enforcement, investigations and warrants

Balancing the Rights of Minors, Parents and the Provider

• Minors
  1. Age of majority; access to records; consent to treatment; alcohol and drug treatment
• Parents/Guardians
  1. Custody and divorce; access to child’s medical records; allegations of abuse and neglect
• Role of the Provider
  1. Access to information issues: What must be disclosed
  2. What is discretionary; residential treatment issues: Visitation, telephone calls, passes

Behavioral Health Professionals in the Legal System

• Clients with legal problems; avoid the client’s problem from becoming your problem
• Responding to legal proceedings in a professional manner

Decision Making in Behavioral Health; Emergency Admission, Civil Commitment and Involuntary Treatment

• Consent, capacity, Adult Health Care Consent Act and Guardianship
• Emergency admission and civil commitment laws and procedures
• Involuntary treatment: Refusal of medication; seclusion and restraint

Professional Ethics and Boundary Issues

• Professional obligations and standards
• Labor, Licensing & Regulation (professional licensing boards) reporting and enforcement

Legal Liabilities of the Professional

• Malpractice issues
• Duty to Warn and Duty to Protect
• Billing issues: Fraud & abuse

R. Alan Powell, JD received his Juris Doctorate from the University of South Carolina School of Law, and his undergraduate degree also from the University of South Carolina. Mr. Powell is General Counsel for the South Carolina Department of Mental Health (SCDMH). Mr. Powell supervises the Office of General Counsel, including its several attorneys, law clerks, SCDMH Risk Manager, and related administrative personnel. Mr. Powell otherwise advises and represents SCDMH, its officials and employees, facilities, and programs statewide.

Mr. Powell has presented numerous seminars for SCDMH staff and other public agencies, as well as the S.C. Association of Counties, S.C. Hospital Association, S.C. Bar Association, S.C. Probate Judges Association, S.C. Criminal Justice Academy, S.C. Sheriffs Association, and local hospitals. Mr. Powell has provided training through SCETV broadcasts and the SCDMH/USC “Emergency Department Crisis Stabilization Training” DVD Series.

Mr. Powell also serves as Assistant Professor, Department of Neuropsychiatry and Behavioral Science, University of South Carolina School of Medicine. In this capacity, Mr. Powell provides instruction to residents, students and fellows on medical-legal topics in forensic, emergency, child and adolescent, and general psychiatry and behavioral health.

Speaker Disclosures:

Financial: R. Alan Powell has an employment relationship with the South Carolina Department of Mental Health. He receives a speaking honorarium from PESI, Inc.

Non-financial: R. Alan Powell has no relevant non-financial relationship to disclose.

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.

South Carolina Counselors: This self-study program has been approved for 6.0 continuing education hours by the South Carolina Board of Examiners for Licensure of Professional Counselors, Marriage and Family Therapists, and Psycho-Educational Specialists. Provider #4540.

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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.

South Carolina Marriage & Family Therapists: This self-study program has been approved for 6.0 continuing education hours by the South Carolina Board of Examiners for Licensure of Professional Counselors, Marriage and Family Therapists, and Psycho-Educational Specialists. Provider #4540.

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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 08/18/2017. It was last reviewed on 12/25/2018 and is valid until 12/25/2021. 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.

South Carolina Psycho-Educational Specialists: This self-study program has been approved for 6.0 continuing education hours by the South Carolina Board of Examiners for Licensure of Professional Counselors, Marriage and Family Therapists, and Psycho-Educational Specialists. Provider #4540.

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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.

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