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

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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.

1. Ascertain the relationship between your mental health professional practice & family law as it relates to clients.
2. Explore the legal and ethical considerations for the treatment of minor populations in Idaho with regard to age of consent, confidentiality and custody concerns.
3. Evaluate the laws regarding confidentiality of mental health records for clients.
4. Recognize ethical challenges you should consider when responding to subpoenas that request disclosure of client records.
5. Communicate the basic civil commitment procedures in Idaho and determine the clinician’s role in each.
6. Consider ethical dilemmas clinicians face surrounding boundary setting with clinical practice.

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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