Legal Basics
This section contains articles and other resources relating to basic legal principles. Look here for articles explaining legal concepts, work with attorneys, discussions of the legal duties of health professionals, etc. There may be overlap with other sections, so if you do not find the information you are looking for please browse the other sections or use the search box.
Employer, Employee, or Subcontractor: wh...
With apologies to Joyce McDougall, this is a plea for a measure of formality:
Are you an employee or a subcontractor? Do you have employees or subcontractors working for you? How do you know? Sometimes the job title doesn’t match the responsibilities, and when that happens confusion makes its grand...
HIPAA: Once a covered entity, always a c...
Rightly or wrongly, HIPAA is perceived by many clinicians as an administrative nightmare. For those who aren’t already compliant, the task of becoming HIPAA compliant isn’t one that clinicians relish. Most clinicians who have practices that need to be HIPAA compliant accomplished this task a long...
Finding an Attorney for Your Mental Heal...
Consultation with an attorney is activity that most mental health clinicians engage in on an infrequent basis. As a general matter, mental health practice is a profession that sees a relatively low number of lawsuits. In addition, many clinicians have the option of consulting with an attorney provided...
Consulting your malpractice insurance ca...
Most clinicians take great care to maintain an ethical and legally compliant practice. Yet, despite these efforts there are still instances where consultation with available written materials and other clinicians yields incomplete answers. Clinicians have several options for additional help when the...
Informed Consent (part 2): what it is an...
A previous post discussed the origins and development of informed consent. Hopefully that provides a good basis for understanding this post, which is a discussion about what informed consent is and isn’t. Many clinicians have come to know informed consent as a form, when it is in fact a discussion....
Informed Consent (part 1): its origins a...
When asked about informed consent, most clinicians readily identify it as a piece of paper that is signed toward the beginning of a professional encounter. This is true. However, the real truth is that informed consent is actually much more. Surprisingly, an explanation of informed consent also requires...
Confidentiality vs. Privilege: what is t...
April 19, 2007
Legal Basics
Legal Basics
One day you receive a telephone call from someone whose voice you do not recognize. The caller asks, “do you see _______ (insert the name of one of your clients) as a patient in your practice?” Because you are trained in your ethical and legal responsibilities, you answer appropriately. Later...
Time-frame for Reporting Elder Abuse...
April 10, 2007
Legal Basics
Legal Basics
A question came up at a “law and ethics in geriatric mental health” training in LA County regarding the requirements for reporting elder abuse. Specifically, the question was whether or not there is a period of time within which mandated reporters must make a report when they know of or suspect elder...
Understanding Lawyers...
Dealing with attorneys is often discussed among mental health professionals as one of the more unpleasant activities one can engage in. I’m not too happy about this, especially considering that I am an attorney. However, I must admit that I understand the dread many therapists feel about talking to...
Must Therapists Respond to Subpoenas?...
March 14, 2007
Legal Basics
Legal Basics
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 under the impression...
