Susan Lewis – South Dakota Legal, Ethical Issues for Mental Health Clinicians

Join Susan Lewis, psychologist and attorney, for this recording that will prepare you for litigation issues which can put your client, your license and your practice at risk. You will learn how to structure your practice to limit exposure of risk, as well as discover simple records, notes and actions that will protect you in the event of a complaint. Susan will provide you with the following take-home tools to minimize risk:

• Updates on HIPAA and South Dakota laws and regulations
• Risk management strategies
• How to avoid litigation dilemmas, complaints and malpractice actions
• Best practices in the professional relationship, informed consent and office policies

You will learn through problem-solving discussions that are representative of actual ethical decisions you encounter in your clinical practice. The blending of Susan’s experience as a lawyer, work within the court system and extensive clinical experience makes her a hands-on, knowledgeable instructor!

1. Communicate how to avoid litigation dilemmas, licensing complaints and malpractice actions.
2. Explore the legal and ethical considerations for the treatment of minor populations in South Dakota with regard to age of consent, confidentiality and custody concerns.
3. Communicate how an understanding of common boundary and dual relationship issues/dilemmas can help you maintain appropriate relationships with your clients.
4. Recognize ethical challenges you should consider when responding to subpoenas that request disclosure of client records.
5. Analyze the limits of confidentiality as it relates to duty to warn law in South Dakota.
6. Outline the differences for treatment of minors.

Clinician-Client Relationship

• Law vs. ethics
• Elements of legal informed consent
• Nuts and bolts of office policies
  Records vs. psychotherapy notes
  What to put in a record
• Limitations on confidentiality
  South Dakota case law & danger to others
  South Dakota duty to warn potential victims
• HIPAA
  The latest updates you need to know

Practical Approach to Risk Management

• Elements of Consent
• Competence & scope of practice
• Boundary violations/crossings
• Issues with modern technology
  Texting, cell phones, e-mail, video psychotherapy
• Perils of supervision

Litigation

• Licensing complaints & malpractice lawsuits
  South Dakota specific statutes
  South Dakota rules and regulations
  Case law and how to find it

Navigate the Legal System

• Roles of attorneys
• Confidentiality/privilege
• Subpoena & disclosure of confidential information
• Depositions, interrogatories, expert testimony

Treatment of Minors

• South Dakota age of majority
• Consent to treatment
• Privilege/confidentiality
• Separation & divorce

Case Studies

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