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Legal & Ethical Issues in Behavioral Health in South Carolina by R. Alan Powell,
Salepage link: At HERE. Archive:

Faculty:: R. Alan Powell
Duration:: 6 Hours 16 Minutes
Format:: Audio and Video
Copyright:: Aug 18, 2017

Description

Recognize and Avoid Legal, Ethical, Licensing and Liability Risks
Privacy Laws, Disclosure, Mandatory Reporting and Duty to Warn
Balancing the Rights of Minors and Parents
Subpoenas, Testimony and Judicial Process
Consent, Substitute Consent and Involuntary Treatment

Without the proper legal awareness needed to stay in compliance, you may face grave legal, financial and professional consequences. This seminar will show you how to continue to help the people you’ve been trained to help while still protecting yourself from many legal pitfalls.

If you watch only one seminar this year, make it this one. Join attorney R. Alan Powell for an entertaining and enlightening recording and leave with a greater understanding of the latest South Carolina law as it relates to behavioral health. You will take home practical guidelines and strategies to minimize and manage legal and ethical risks and you will learn how to immediately implement these risk reducing strategies into your practice.

Handouts

Outline

HIPAA Privacy & Security

Overview of HIPAA Privacy Rules
HITECH Security Breach notification requirements

Confidentiality of Mental Health and Alcohol and Drug Program Records

When other federal and state privacy laws are more restrictive than HIPAA
Disclosures which require patient consent and those which do not
Abuse, neglect or exploitation reporting and other mandatory disclosures

Responding to Subpoenas, Court Orders & Law Enforcement

Types of subpoenas; Duty to Respond
Types of court orders; Duty to Respond
Testimony in Court and Depositions
Law enforcement investigation and prosecution

Balancing the Rights of Minors, Parents and the Provider

Minors: Age of majority; access to records; consent to treatment; alcohol and drug treatment
Parents/Guardians: Custody and divorce; access to records; allegations of abuse and neglect
Role of the Provider: Who is the Client? What Duty do you Owe?

Behavioral Health Professionals in the Legal System

Clients with legal problems; avoid the client’s problem from becoming your problem
Responding to legal proceedings in a professional manner

Decisions in Behavioral Health; Emergency Admission, Civil Commitment and Involuntary Treatment

Consent, Capacity, Adult Health Care Consent Act, Substitute Decision Maker, POA and Guardianship
Emergency admission and civil commitment laws and procedures

Professional Ethics and Boundary Issues

Professional obligations and standards
Labor, Licensing & Regulation (professional licensing boards) reporting and enforcement

Legal Liabilities of the Professional

Malpractice issues
Duty to Warn and Duty to Protect
Billing issues: Fraud & abuse

Faculty

R. Alan Powell, J.D. Related seminars and products: 1

Attorney at Law

SCDMH Assistant General Counsel

R. Alan Powell, JD received his Juris Doctorate from the University of South Carolina School of Law, and his undergraduate degree also from the University of South Carolina. Mr. Powell is General Counsel for the South Carolina Department of Mental Health (SCDMH). Mr. Powell supervises the Office of General Counsel, including its several attorneys, law clerks, SCDMH Risk Manager, and related administrative personnel. Mr. Powell otherwise advises and represents SCDMH, its officials and employees, facilities, and programs statewide.

Mr. Powell has presented numerous seminars for SCDMH staff and other public agencies, as well as the S.C. Association of Counties, S.C. Hospital Association, S.C. Bar Association, S.C. Probate Judges Association, S.C. Criminal Justice Academy, S.C. Sheriffs Association, and local hospitals. Mr. Powell has provided training through SCETV broadcasts and the SCDMH/USC “Emergency Department Crisis Stabilization Training” DVD Series.

Mr. Powell also serves as Assistant Professor, Department of Neuropsychiatry and Behavioral Science, University of South Carolina School of Medicine. In this capacity, Mr. Powell provides instruction to residents, students and fellows on medical-legal topics in forensic, emergency, child and adolescent, and general psychiatry and behavioral health.

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