Shane Bengoechea – Legal, Ethical Issues in Behavioral Health in Idaho

For those working in the mental/behavioral health field, dealing with the day-to-day challenges of treating clients can be overwhelming in and of itself. However, the administrative and legal responsibilities are equally crucial.

Shane Bengoechea – Legal, Ethical Issues in Behavioral Health in Idaho

Mental Health Professionals & Family Law

• Parental Rights
• Legal and Physical Custody
• Custodial Factors
• Custody Evaluations
• Expert vs. Fact Testimony
• Child Abuse Allegations
• Parental Alienation Syndrome
• Consent for Treatment When Parents are Divorcing/Divorced
• Deal with Minor’s Counsel

Minor’s Rights

• Age of Majority
• Access to Records
• Minor’s Consent to Treatment
• Right to Refuse Treatment

Confidentiality of Mental Health Records

• When and to Whom Records Can Be Released
• Mandatory Disclosures
• Alcohol/Drug Records
• HIV Records
• HIPAA Update/Business Associate Agreement

Respond to Subpoenas and Court Orders

• Confidentiality vs. Testimonial Privileges
• Types of Subpoenas
• Duty to Respond
• Time Limits
• Assert Confidentiality
• Produce Documents
• Limit the Amount of Disclosure
• Motions to Quash

Administrative Disciplinary Proceedings

• Codes of Ethics
• Violations of State Laws/Regulations
• Investigations by Regulatory Agency
• Conflicts of Interest
• Informed Consent

Professional Ethics, Boundary Issues and Legal Liability

• Consent
• Competency
• Right to Refuse Medication
• Restraints and Seclusion
• Duty to Warn
• Documentation

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Description:

For those working in the mental/behavioral health field, dealing with the day-to-day challenges of treating clients can be overwhelming in and of itself. However, the administrative and legal responsibilities are equally crucial. There are weighty decisions – the legal and prudent responses to a wide variety of situations – that demand a proper legal awareness in order to stay in compliance.

Without such knowledge, many well-meaning providers may face grave legal and financial consequences. The purpose of this practical recording is to gain important guidance and insight into mental health laws and regulations.