Product Detail

1. Discuss access to patient records relating to confidentiality.
2. Describe the process for responding to subpoenas and court orders and explain how to comply with HIPAA regulations.
3. Explore the legal and ethical considerations for the treatment of minor populations in New Hampshire with regard to age of consent, confidentiality and custody concerns.
4. Differentiate between the processes for voluntary and involuntary commitment for treatment and determine the clinician’s role in each.
5. Develop policies on ethical issues such as competency issues, rights to refuse medication and informed consent.
6. Designate the treatment provider’s responsibilities relating to mental health issues and the legal duty to warn law in New Hampshire.

Confidentiality of Records

• HIPAA Privacy Rules and Effect on State law
• Disclosure Requirements
• Mandatory Reporting Requirements
• Consequences of Improper Reporting and Disclosure

HIPAA Compliance

• Releases for Treatment, Payment, and Healthcare Operations
• Notice of Privacy Practices
• Authorizations
• Business Associates
• Psychotherapy Notes
• The HI TECH Act

Responding to Subpoenas, Court Orders, and Law Enforcement Personnel

• Subpoenas:
  • Types of Subpoenas, Duty to Respond, Time Limits
• Court Orders:
  • Duty to Respond, Search Warrants
• Law Enforcement:
  • Authority to Obtain Information, Investigations, Development of Policies and Procedures to Respond

HIPAA 101 - Revised Federal Confidentiality Regulations

• What Is HIPAA Today?
• How Do I Comply with the Revised Regulations?
• What Are “Psychotherapy Notes”?
• When May I Release Records?
• How Much Paperwork Will This be for My Office?

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
• Reasons to Use an Involuntary Commitment
• Grounds for an Involuntary Commitment: Dangerousness (as Defined by Statute)
• Procedures

Professional Ethics and Boundary Issues

• Consent Elements and Competency Issues
• Individual’s Legal Rights
• Informed Consent
• Boundary Issues: Where the Lines are Blurred
• Board of Health Professionals Investigation - Disciplinary Proceedings

Legal Liabilities for the Professional

• Duty to Warn Issues
• Professional Obligations and Standards
• Fraud & Abuse Issues
• Billing & Coding Errors
• Documentation

Biron Bedard, is a director and shareholder with the law firm Ransmeier & Spellman, PC, in Concord, New Hampshire. He represents a number of mental healthcare providers and skilled nursing facilities in his practice. The focus areas of his practice include litigation, business and commercial transactions, as well as mental health law. Mr. Bedard is admitted to practice in New Hampshire and Maine, as well as the United States District Court, District of New Hampshire, and District of Vermont, and the United States Bankruptcy Court, District of New Hampshire. He was first admitted to the Bar over 20 years ago following receipt of his J.D. degree from the University of New Hampshire School of Law, and a B.A. degree, with honors, from St. Anselm College.

Speaker Disclosures:
Financial: Biron Bedard has employment relationships with Ransmeier & Spellman, P.C. and the University of New Hampshire. He receives a speaking honorarium and recording royalties from PESI, Inc. He has no relevant financial relationships with ineligible organizations.
Non-financial: Biron Bedard has no relevant non-financial relationships.

Andrea L. Daly is a shareholder and director in the ligation department with the law firm of McLane, Graf, Raulerson & Middleton, Professional Association, where she concentrates her practice in the areas of mental health law and probate litigation. She has extensive experience defending licensed mental health professionals before the New Hampshire Board of Mental Health Practice. Ms. Daly has also represented patients who have brought claims of extreme professional boundary violations against organizations and individual practitioners. Additionally, she has substantial experience providing risk management advice to mental health professionals. Ms. Daly recently completed a six year term as a member of the board of directors of the National Alliance on Mental Illness of New Hampshire. She received her undergraduate degree in Political Science from Boston University in Boston, Massachusetts, and received her J.D. degree from Vermont Law School. Ms. Daly is admitted to practice in the states of New Hampshire and Massachusetts and in the U.S. District Court for the District of New Hampshire. She is a member of the New Hampshire and American Bar Associations. For more information, see http://www.mclane.com



Speaker Disclosures:

Financial: Andrea Daly is the Litigation Director of McLane, Graf, Raulerson & Middleton. She receives a speaking honorarium and recording royalties from PESI, Inc. She has no relevant financial relationships with ineligible organizations.

Non-financial: Andrea Daly 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 5.75 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 5.5 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 5.75 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 5.75 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 5.75 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 5.5 AMA PRA Category 1 Credit(s)™. This activity was originally recorded on 05/29/2019. It was last reviewed on 12/22/2018 and is valid until 12/22/2021. 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 5.5 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 5.25 Clinical 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 5.75 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