Portable Lawyer for Mental Health Professionals: An A-Z Guide to Protecting Your Clients, Your Practice, and Yourself
The Portable Lawyer for Mental Health Professionals is an indispensable survival guide for mental health professionals practicing in these most litigious of times. Written by two attorneys specializing in the legal aspects of the mental health professions, it arms you with the expert knowledge you need to protect yourself and your practice, while serving your clients. Keeping the legal jargon to a bare minimum, Barton Bernstein and Thomas Hartsell, Jr. explain how to handle tricky practice...
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Safeguard your mental health practice with up-to-date information and savvy advice on practicing in today’s legal environmentToday’s mental health professional must approach the legal aspects of practice with both sensitivity and foreknowledge. The array of legal guidelines and ethical standards to comprehend is increasing in scope and complexity. Licensing issues, ethics questions, and malpractice suits all present pitfalls that, if ignored or misapprehended, can interrupt or even end a career. Written by two attorneys specializing in the legal aspects of mental health care, The Portable Lawyer for Mental Health Professionals, Second Edition is an indispensable survival guide for all clinicians. The authors explain how to handle allegations of malpractice, cope with threats of violence, preserve client confidentiality, and more. Each chapter features step-by-step guidance, helpful case studies, "legal light bulbs" highlighting important concepts, answers to frequently asked questions, dos and don’ts, and sample forms and contracts to help you safeguard your practice. Completely revised and updated, the Second Edition also includes new information on: HIPAATreating older adults Using "exotic" therapy techniquesEthical and legal aspects of office leasesAnd moreThe Portable Lawyer for Mental Health Professionals, Second Edition offers the latest information for practicing in today’s legal environment. Mental health caregivers, graduate students, attorneys, and clients alike will find this guide to be an invaluable resource. Aimee St. Pierre This reference on legal aspects of clinical practice for mental health professionals includes sample forms and letters for use with clients. It is intended to provide easily accessible legal information for mental health professionals. This is a worthy goal, and this book should be useful for busy clinicians who may refer to it regarding a variety of issues that regularly arise in mental health practices. The authors have targeted all mental health professionals. However, psychiatrists will find this book somewhat lacking since it does not address issues related to medical diagnosis and treatment. The credibility of the authors is high; both are attorneys, and one is also a clinical social worker. This book addresses the fundamentals of clinical practice (e.g., confidentiality, fee arrangements, termination of treatment) and also includes legal aspects of business practice such as incorporation and managed care. Brief clinical vignettes are used to introduce important legal issues, and significant points are bulleted for quick reference. Sample forms are a particularly useful feature. The failure to include the aspects of practice unique to psychiatrists, especially related to somatic treatments, is a particular shortcoming of this book. Also, the lengthy sample incorporation documents are of little utility to the reader. This book is a unique and valuable addition to the paucity of literature addressing the legal aspects of conducting a mental health practice. The quality of the legal information is excellent without being overly detailed or obscure. While the book has obvious usefulness for students and beginning practitioners, its format and organization make it a resourcealso for busy clinicians who have specific questions or are in need of an update on legal aspects of practice management.
Sect. 1Clinical Records: Protected or Not1Clinical Notes32Consent Forms103Correcting Errors184Discharge or Termination255Electronic Records336Intake and Consent Forms417Maintaining Records598Treatment Plans68Sect. 2Confidentiality9Couples, Family, and Group Therapy7910Insider Information8511Thirty-Party Payers90Sect. 3Contracts12Capitation Agreements10113"Gag Rules"10814Office Leases116Sect. 4Fees15Sliding Fee Scales12716Recovering Unpaid Fees133Sect. 5Forensic Issues17Abuse Allegations14518Child Custody and Consent-to-Treat Issues15319Children as Witnesses16120Expert Witness16821Forensic Evaluation17822Involuntary Commitment18623Threats of Violence194Sect. 6Practice Models24Groups20525Partnerships21226Solo Practitioner: Incorporate or Not?220Sect. 7How to Avoid Malpractice Charges27Acts of Commission23128Acts of Omission24129What to Do If You Are Sued251Sect. 8Managed Care30Confidentiality Issues25931Duty to Appeal266Sect. 9Teamwork32Legal Aspects of Delegating27533Supervisor/Supervisee Responsibilities280Sect. 10Unusual Practices34Geriatric Clients28935Nontraditional and Exotic Therapies29736Internet Therapy304Sect. 11The Health Insurance Portability and Accountability Act (HIPAA)37HIPAA Overview31538HIPAA Privacy Rule31839Personal Representatives (45 CFR 164.502(g))33340Business Associates (45 CFR 164.502(e), 164.504(e), 164.532(d) and (e))33841Uses and Disclosures for Treatment, Payment, and Health Care Operations (45 CFR 164.506)34542Disclosures for Public Health Activities and Workers' Compensation35443Marketing and Research (Accounting for Disclosures)36044Notice of Privacy Practices for Protected Health Information (45 CFR 164.520)36945Restrictions on Government Access to Health Information (45 CFR Part 160, Subpart C; 164.512(f))37446HIPAA Security Rule378App. ABylaws for an IPA397App. BPartnership Agreement412App. CArticles of Incorporation: Professional Corporation417App. DArticles of Incorporation: General Corporation421App. ESample Business Associate Contract425App. FBusiness Associate Contract (Attorney Services)431App. GAuthorization for the Use and Disclosure of Protected Health Information436App. HClient Information Amendment Form437App. INotice of Privacy Practices of Susan A. Jones, LPC439App. JAccounting of Disclosures of Protected Health Information444App. KRequest for Accounting of Protected Health Information Disclosures445App. LAuthorization Revocation Form446References and Reading Materials447Index449
\ Aimee St. PierreThis reference on legal aspects of clinical practice for mental health professionals includes sample forms and letters for use with clients. It is intended to provide easily accessible legal information for mental health professionals. This is a worthy goal, and this book should be useful for busy clinicians who may refer to it regarding a variety of issues that regularly arise in mental health practices. The authors have targeted all mental health professionals. However, psychiatrists will find this book somewhat lacking since it does not address issues related to medical diagnosis and treatment. The credibility of the authors is high; both are attorneys, and one is also a clinical social worker. This book addresses the fundamentals of clinical practice (e.g., confidentiality, fee arrangements, termination of treatment) and also includes legal aspects of business practice such as incorporation and managed care. Brief clinical vignettes are used to introduce important legal issues, and significant points are bulleted for quick reference. Sample forms are a particularly useful feature. The failure to include the aspects of practice unique to psychiatrists, especially related to somatic treatments, is a particular shortcoming of this book. Also, the lengthy sample incorporation documents are of little utility to the reader. This book is a unique and valuable addition to the paucity of literature addressing the legal aspects of conducting a mental health practice. The quality of the legal information is excellent without being overly detailed or obscure. While the book has obvious usefulness for students and beginning practitioners, its format and organization make it a resourcealso for busy clinicians who have specific questions or are in need of an update on legal aspects of practice management.\ \ \ \ \ From The CriticsReviewer: Aimee St. Pierre, MD (Rush University Medical Center)\ Description: This reference on legal aspects of clinical practice for mental health professionals includes sample forms and letters for use with clients. \ Purpose: It is intended to provide easily accessible legal information for mental health professionals. This is a worthy goal, and this book should be useful for busy clinicians who may refer to it regarding a variety of issues that regularly arise in mental health practices. \ Audience: The authors have targeted all mental health professionals. However, psychiatrists will find this book somewhat lacking since it does not address issues related to medical diagnosis and treatment. The credibility of the authors is high; both are attorneys, and one is also a clinical social worker. \ Features: This book addresses the fundamentals of clinical practice (e.g., confidentiality, fee arrangements, termination of treatment) and also includes legal aspects of business practice such as incorporation and managed care. Brief clinical vignettes are used to introduce important legal issues, and significant points are bulleted for quick reference. Sample forms are a particularly useful feature. The failure to include the aspects of practice unique to psychiatrists, especially related to somatic treatments, is a particular shortcoming of this book. Also, the lengthy sample incorporation documents are of little utility to the reader. \ Assessment: This book is a unique and valuable addition to the paucity of literature addressing the legal aspects of conducting a mental health practice. The quality of the legal information is excellent without being overly detailed or obscure. While the book has obvious usefulness for students and beginning practitioners, its format and organization make it a resource also for busy clinicians who have specific questions or are in need of an update on legal aspects of practice management.\ \ \ 3 Stars from Doody\ \
