Legal and Ethical Issues in Behavioral Health in Illinois by Lois Fenner

Legal and Ethical Issues in Behavioral Health in Illinois by Lois Fenner

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• Court Orders: Must you Appear?
• When Not to Release Your Documentation
• Prevent Liability and Avoid Paying Damages
• Protect Your Client, License & Practice
• Do’s and Don’t’s of Documentation
• Why and When to call an Attorney
• Avoiding the Litigation Hot Seat

Without the proper legal awareness needed to stay in compliance, you may face grave legal and financial consequences. This recording will show you how to continue to help the people you’ve been trained to help while still protecting yourself from many legal pitfalls. If you watch only one recording this year, make it this one. Watch attorney Lois Fenner for an entertaining and enlightening experience and complete with a greater understanding of the latest Illinois laws as they relate to behavioral health. You will take home practical strategies to minimize and manage legal and ethical risks and you will learn how to immediately implement these risk reducing strategies into your practice.

Overview/Confidentiality of Mental Health Records

• When and to Whom Records Can Be Released
• Mandatory Disclosure Requirements
• Alcohol/Drug and AIDS/HIV Treatment Records
• Necessary Documentation

HIPAA 101 – Federal Confidentiality Regulations

• What is HIPAA Today?
• How Do I Comply with the Regulations?
• What Are “Psychotherapy Notes”?
• When May I Release Records?
• How Much Paperwork Wil This Be for My Office?

Responding to Subpoenas, Court Orders and Law Enforcement

• Subpoenas; Types of Subpoenas; Duty to Respond; Time Limits
• Search Warrants & Court Orders
• Authority to Obtain Information
• Investigations
• Development of Policies and Procedures to Respond

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 or an Involuntary Commitment
• Grounds for an Involuntary Commitment: Dangerousness (as Defined by Statute)
• Mental Illness
• Procedures

Professional Ethics and Boundary Issues

• Consent Elements and Competency Issues
• Medication: Right to Refuse
• Restraints and Seclusion
• Individual’s Legal Rights
• Informed Consent
• Boundary Issues: Where the Lines Are Blurred
• Prescribing Practices
• Board of Health Professionals Investigation – Disciplinary Proceedings

Legal Liabilities of the Professional

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

More information about Medical:

Medicine is the science and practice of establishing the diagnosis, prognosis, treatment, and prevention of disease.
Medicine encompasses a variety of health care practices evolved to maintain and restore health by the prevention and treatment of illness.
Contemporary medicine applies biomedical sciences, biomedical research, genetics, and medical technology to diagnose, treat, and prevent injury and disease,
typically through pharmaceuticals or surgery, but also through therapies as diverse as psychotherapy, external splints and traction, medical devices, biologics, and ionizing radiation, amongst others.

Medicine has been around for thousands of years, during most of which it was an art (an area of skill and knowledge) frequently having connections to the religious and
philosophical beliefs of local culture. For example, a medicine man would apply herbs and say prayers for healing, or an ancient philosopher and physician would apply bloodletting according to the theories of humorism.
In recent centuries, since the advent of modern science, most medicine has become a combination of art and science (both basic and applied, under the umbrella of medical science).
While stitching technique for sutures is an art learned through practice, the knowledge of what happens at the cellular and molecular level in the tissues being stitched arises through science.