Susan Lewis – PESI – Washington Legal and Ethical Issues for Mental Health Clinicians

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Susan Lewis – PESI – Washington Legal and Ethical Issues for Mental Health Clinicians

In this recording Susan Lewis, psychologist and attorney, 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 Washington 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!

Faculty

Susan Lewis, Ph.D., J.D.

Susan J. Lewis, Ph.D., J.D., is a licensed clinical and forensic psychologist and lawyer. She has over 25 years of experience in clinical practice with unique populations that have included female sexual offenders incarcerated at a woman’s prison, self-injurious individuals, forensic patients and individuals who suffer from severe and persistent mental illness. In addition to clinical practice, Dr. Lewis has served in leadership roles as clinical director, program manager, and supervisor for psychiatry residents and post-doctoral psychologists.

Currently, Dr. Lewis teaches courses on Law and Ethics in Mental Health that are state specific to the laws of each state. She has also lectured nationwide on the DSM-5® and differential diagnosis. She taught courses at Harvard’s Extension School and Northeastern University on The Psychology of Criminal Behavior. She is the author of Legal and Ethical Issues for Mental Health Clinicians: Best Practices for Avoiding Litigation, Complaints and Malpractice (PPM, 2016) and her latest book From Deep Within: A Forensic and Clinical Psychologist’s Journey (2018).

A sought-after consultant, Dr. Lewis works with attorneys on controversial issues such as dangerousness, competence to stand trial, criminal responsibility evaluations, and civil and criminal commitment. She works with attorneys on strategies of how mental illness might impinge on legal decision-making. Dr. Lewis has been adjudicated an expert in almost all of the district and superior courts in Massachusetts.

Her extensive clinical experience makes her a hands-on, knowledgeable instructor. She is engaging and has a wonderful sense of humor, which she brings to her seminars.

Speaker Disclosures:

Financial: Susan Lewis is in private practice. She receives a speaking honorarium from PESI, Inc.

Non-financial: Susan Lewis is a member of the American Psychological Association.

Objectives

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 Washington 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 Washington.
6. Articulate how risk management strategies regarding technology can keep client information secure and avoid violating HIPAA.

Outline

• Clinician-Client RelationshipLaw 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

• Washington case law & danger to others
• Washington 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
• Washington specific statutes
• Washington 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

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

Case Studies

Target Audience

• Counselors
• Social Workers
• Psychologists
• Case Managers
• Addiction Counselors
• Therapists
• Marriage & Family Therapists
• Nurses
• Other Mental Health Professionals

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