Ethical and Legal Issues in Private Practice: Navigating the Top Challenges – Terry Casey

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There is no way around it…getting into private practice puts you at greater risk for ethical violations and legal exposure.

Working for a larger company provides you with a legal safety net that you take for granted and now that you’re in private practice, that full responsibility falls upon you.

Many ethical situations are unique to private practice. How you handle them and, more importantly, the steps you take to avoid them are critical.

Watch this recording and you’ll learn:

• How to implement policies & processes to avoid thorny ethical and legal situations.
• The legal and ethical dilemmas that arise from the business aspects for running a private practice.
• How to handle the isolation and boundary-setting ethical issues that are common with private practice.

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1. Discuss and practice techniques for improving critical thinking skills when encountering ethical challenges in private practice.
2. Learn how to navigate professional codes of ethics, licensing rules and laws pertaining to private practice related issues.
3. Examine the ethical issues that arise regarding technology in private practice and how to competently handle them.
4. Establish clear ethical guidelines regarding boundary-setting and special considerations in private practice.
5. Explore potential legal and ethical issues that arise when working with minors in a private practice mental health setting.
6. Articulate the laws related to record-keeping, HIPAA and FERPA to minimize the potential for legal troubles in the mental health profession.

Private Practice Best Practices – Avoiding Legal & Ethical Issues

• What Is and Isn’t a Private Practice
• What are the Goals for Your Business?
• Choose an Ethical Model to Refer to and Apply
• Services You Do and Don’t Provide
• Screening for Potential Clients
• Policies – The Good, The Bad & the Ugly
• Create an Effective Policy Plan for Your Practice
• Intake and Informed Consent Process & Policies
• Understanding Risk – What You Don’t Know Can Hurt You
• How to Avoid Being Sued – An Ounce of Prevention

Financial and Business Issues in Private Practice – Ethical Dilemmas

• Referrals, Gifts & Bartering – Ethical Issues
  • Example Case – “Gifts, Referrals & More: Stephen’s New Practice”
• Marketing Your Practice and Yourself to the Public – What’s Ethical?
  • Client Testimonials
  • Example Case – “Dr. Jones’ Website”
• Fee Policy – Applying Best Practices to Avoid Trouble
  • Usual & Customary Fee
  • Sliding Scales
  • Pro Bono Publico
• Insurance Provider Networks
• Unhappy Customers – How to Avoid Legal Issues
  • Example Case – “The Unhappy Client: Linda’s Refund Demand”
• Multiple Services – Blurred Lines & Ethics
  • Example Case – “Maggie’s New Revenue Stream”
• LLC vs. Partnership vs. Sole Proprietorship – What’s Best for You?
• Multiple Private Practice Roles – What Hat Do You Wear?
• Relationships with Colleagues/Competitors

Boundary Issues in Private Practice – Top Challenges

• Why Boundary Issues are more Important in Private Practice
• Isolation – The Slippery Slope of Multiple Relationships
• Power Differentials – Clients, Employees, Supervisees
• Top Boundary Challenges in Private Practice
  • Example Case – “The Coffee Shop”
  • Example Case – “The Long-term Client”

Technology in Private Practice – Legal & Ethical Issues

• Social Media Policies to Implement
  • Example Case – “Ashley’s Tweets”
• Distance Therapy – 6 Keys to Practice
• Online Listing Services
  • Practice Management Software and Electronic Medical Records

Record-Keeping in a Private Practice

• Establishing Written Record-keeping Policies
• HIPAA – What you Need to Know
• FERPA – What you Need to Know
• Privacy Policies

Working with Minors in Private Practice

• Informed Consent Policies & Procedures for Minors
• Establishing Who has Authority for Consent
• Know Your Rights – Responding to Records Requests for Minors
  • Example Case – “Celeste and Her Father”