Product Detail

1. Determine the legal considerations when opening and maintaining a private mental health practice.
2. Evaluate the potential role of mental health professionals in legal proceedings related to client care.
3. Determine client confidentiality issues and when clinicians are obligated to disclose protected health information.
4. Develop a plan to navigate the legal and ethical issues related with the use of technology as related to clinical practice, and considerations during a public health crisis.
5. Investigate recent changes to the law that affect mental health services, providers, and patients.
6. Differentiate and determine various options when presented with high-risk clients and situations.

Session 1 – The Professional: The Business of Private Practice – Joseph C.F. Willluweit

• Practice Formation
• Professor Licensure
• Employees & Independent Contractors
• Practice Succession

Session 2 – Being John Doe: Confidentiality of Mental Health Records and Communications – John W. Whitcomb

• Involvement in Legal Proceedings
• Records and Subpoenas
• Minors Issues

Session 3 – Fear and Loathing in Springfield: What’s New in Mental Health Law – Monique C. Patton

• Case Law Update
• Legislative Update

Session 4 – Eyes Wide Open: Risk Management for the Mental Health Professional – Joseph T. Monahan

• Telehealth and the Pandemic
• Mandated Reporting
• Duty to Warn
• High Risk Clients

Joseph T. Monahan, MSW, ACSW, JD, is the founder of Monahan Law Group, LLC and one of the preeminent mental health law attorneys in Illinois. Under Mr. Monahan’s direction, Monahan Law Group, LLC provides legal services to over 80 hospitals and numerous mental health clinics, child welfare agencies, and social service agencies. In addition to professional clients, the firm also represents individuals at all levels of administrative and judicial proceedings.

Mr. Monahan has tried countless guardianship, mental health, and child welfare cases over the past 34 years. From confidentiality of mental health records to same-sex adoption, Mr. Monahan has successfully argued cases at every level of the Illinois court system, including the Illinois Supreme Court. He has been appointed by the court to represent persons with disabilities in complex or extraordinary mental health cases. His background as a social worker makes him acutely aware of the legal issues that impact social service professionals and the people they serve. He currently serves as President of the Board of Directors of the NASW Risk Retention Group, the malpractice insurance company for social workers, and has been an active member of NASW for decades.

Speaker Disclosures:
Financial: Joseph Monahan is a founder and partner at Monahan Law Group, LLC. He receives a speaking honorarium and recording royalties from PESI, Inc. He has no relevant financial relationships with ineligible organizations.
Non-financial: Joseph Monahan is a member of the Illinois State Bar Association, the National Association of Social Workers, the Mental Health Law Committee, and the Chicago Bar Association.

John W. Whitcomb, J.D., joined Monahan Law Group, LLC on January 5, 2015 and became a partner in 2018. Mr. Whitcomb has over 25 years of experience representing clients in State and Federal trial and appellate court. Prior to joining Monahan Law Group, LLC, Mr. Whitcomb was a Senior Attorney at Equip for Equality for 15 years. In his capacity as Senior Attorney, Mr. Whitcomb represented clients in issues relating to guardianship, the Illinois Mental Health and Developmental Disabilities Confidentiality Act, the Mental Health and Developmental Disabilities Code, and community placement of disabled individuals in the community. Mr. Whitcomb also represented clients in abuse and neglect proceedings in juvenile court.

Mr. Whitcomb is the recipient of the 2012 Recipient of Access Living’s “Lead On!” Award, and LAF’s 1996 and 1994 Equal Justice Award. Mr. Whitcomb is the former and currently Chair of the Chicago Bar Association’s Mental Health and Disability Law Committee. Mr. Whitcomb has a Teacher Training Certificate with the National Institute of Trial Advocacy and has trained other lawyers in trial advocacy and deposition taking. John teaches Mental Health Law for Children as an adjunct faculty member at Loyola University Chicago School of Law.

Joseph C. F. Willuweit, J.D., joined Monahan Law Group, LLC on November 11, 2016. Mr. Willuweit concentrates his practice in mental health law and confidentiality, risk management, health care law, professional licensure, and representing mental health and social services professionals in private practice. Prior to Monahan Law Group, Joe interned in the general counsel’s office at a Chicago-area hospital and a national health care professional association. Additionally, he interned for the City of Chicago and volunteered at the Pro Se Adult Guardianship Help Desk for the Cook County Circuit Court. Mr. Willuweit currently serves as the Program Liaison for the Cook County Civil Mental Health Pro Bono Pilot Program.

Speaker Disclosures:
Financial: Joseph C. F. Willuweit, J.D. is an attorney with Monahan Law Group, LLC. He serves as the Program Coordinator for the Cook Count Civil Mental Health Pro Bono Pilot Program. Joseph receives a speaking honorarium from PESI, Inc. He has no relevant financial relationships with ineligible organizations.
Non-financial: Joseph C. F. Willuweit, J.D is a member of the Chicago Bar Association; Illinois State Bar Association; and Illinois Association of Healthcare Attorneys.

Monique C. Patton, J.D., joined Monahan Law Group, LLC on January 14, 2019. Ms. Patton’s practice consists of complex litigation, risk management, mental health law and confidentiality, health care law as well as guardianship and probate matters. Prior to Monahan Law Group, Monique was an Assistant State’s Attorney with the Cook County State’s Attorney’s Office. She was initially assigned to the Criminal Appeals Division, where she authored approximately two dozen appellate briefs on various criminal law issues and successfully presented oral arguments before the First Judicial District of the Appellate Court of Illinois. After the Criminal Appeals Division, Monique was assigned to the Juvenile Justice Bureau Child Protection Division. While in Child Protection, she skillfully litigated contested abuse and neglect trials involving physical abuse, sexual abuse, neglect caused by mental illness, drug and alcohol addiction and inadequate supervision or medical care. Subsequently, Ms. Patton served in the Juvenile Delinquency Division. In this division, Monique gained significant experience in motion practice and trial litigation.

Speaker Disclosures:

Financial: Monique C. Patton has an employment relationship with Monahan Law Group, LLC. She receives a speaking honorarium and recording royalties from PESI, Inc. She has no relevant financial relationships with ineligible organizations.

Non-financial: Monique C. Patton is a member of the Chicago Bar Association, Cook County Bar Association, Illinois Bar Association, and the Women’s Bar Association of Illinois.

Save time and $10 off the price of other submission methods – purchase & take the CE test online for $19.99 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 4.0 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 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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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.

Illinois Marriage & Family Therapists: PESI, Inc. has been approved as a provider of continuing education by the State of Illinois, Department of Financial and Professional Regulation, Division of Professional Regulation. Provider #: 168-000156. Full attendance at this self-study activity qualifies for 6.0 credits.

Illinois Psychologists: PESI, Inc is an approved provider with the State of Illinois, Department of Financial and Professional Regulation, Division of Professional Regulation. License #: 268.000102. Full attendance at this course qualifies for 6.0 self-study contact hours.

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School Social Workers - National ASWB ACE
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 6.0 Clinical continuing education credits.

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

Illinois Social Workers: PESI, Inc. is an approved provider with the State of Illinois, Department of Financial and Professional Regulation, Division of Professional Regulation. License #: 159-000154. Successful completion of this self-study activity qualifies for 6.0 contact hours.

• Psychologists
• Social Workers
• Marriage and Family Therapists
• Counselors
• Risk Managers
• Addiction Professionals
• Case Managers
• Nurses