Welcome

This website is intended as a source for general information for mental health professionals in California. The information posted here is for clinicians throughout the state who are seeking some basic information about mental health practice. I will be posting original content, as well as links to other sites with relevant information. Feel free to leave a comment or email me directly at: alban@clinicallawyer.com.

Important News for California Psychological Assistants and their Supervisors

November 6, 2009
Please feel free to forward a link to this post to all relevant email lists and/or parties. I and a number of other attorneys who work with psychologists in California have noticed a significant trend.  We have become aware of a significant number of Board of…

Supervision vs. Consultation: what you need to know

July 3, 2007
The following article was authored by myself and A. Steven Frankel, Ph.D., J.D. It appeared in a slightly shorter format in the July/August 2007 issue of The California Psychologist, the newsletter of the California Psychological Association. In this article we will discuss an oft-overlooked topic: understanding…

Those Confidentiality Disclaimers At The End Of Your Email……..

July 31, 2007
Huge numbers of clinicians have disclaimers at the end of email messages that say something like this: “The information contained in this email is CONFIDENTIAL. If you have received this message in error or without the express direction of the original author, please notify the sender…

Professional Wills

March 18, 2007
Most clinicians aspire to have a fairly good record-keeping system, as well as procedures for maintaining the confidentiality of those records. As a profession, therapists tend to be quite concerned about record-keeping. This concern is appropriate. Unlike some businesses, the information contained in clinicians’ practice…

Must Therapists Respond to Subpoenas?

March 14, 2007
In the course of legal proceedings, subpoenas are often issued as a means of gathering information. When they are received by clinicians, they are often accompanied by considerable anxiety about how to respond. Indeed, some clinicians wonder whether to respond at all. Many clinicians are…

Can clinicians use a collection agency?

August 9, 2010

This is a common question posed on practitioner listservs.  Some people have very strong feelings about this issue. In California, the answer to this question is “yes.”  If you have specific concerns about how this applies to any given situation you really need to consult with an attorney. But...

Professional Wills: some concrete steps to take

January 20, 2010

The following article was co-authored by myself and Steve Frankel, Ph.D., J.D..  It was published in the January/February 2010 issue of the California Psychologist, a publication of the California Psychological Association: So how’s it feel to be in breach of the APA ethics code and California law? Professional...

Is insurance only for those in private practice?

November 19, 2009

If you work in an agency, hospital, or large group practice, do you still need your own professional liability insurance?  Doesn’t your employer’s policy cover you? Let’s be clear about something: your employer’s policy covers your employer, not you.  If you get into trouble...

Important News for California Psychological Assistants and their Supervisors

November 6, 2009

Please feel free to forward a link to this post to all relevant email lists and/or parties. I and a number of other attorneys who work with psychologists in California have noticed a significant trend.  We have become aware of a significant number of Board of Psychology (BOP) denials of supervised professional...

Reminder: does your professional liability insurance include coverage for board actions?

October 27, 2009

This is a friendly reminder: if you have professional liability insurance, it is a good idea to make sure it covers board complaints. Some clinicians are shocked to discover that their professional liability (sometimes known colloquially as “malpractice insurance”) policy does not cover license...