Lois Fenner – Legal and Ethical Issues in Behavioral Health in Kentucky

Outline

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 Will 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 Seclusions
• 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
• Documentation
• Compliance with Contradictory Laws