Professional Wills

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 related records is highly sensitive and deserving of great care.

It is surprising, then, that many clinicians have not made arrangements for the care of these records if the clinician is suddenly and unexpectedly unable to continue their practice, such as if the clinician dies or is injured. This may be due to a number of factors, such as a general reluctance on the part of many people to engage in end of life planning, communicate advanced medical directives, write wills, etc. But procrastinate or not, this is something that clinicians really should do.

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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 lawyers they have not retained. The fact of the matter is that clinicians and attorneys approach professional communications very differently. Clinicians and lawyers have different professional obligations (duties), and this often leads to some hard feelings.

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Must Therapists Respond to Subpoenas?

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 that subpoenas issued by attorneys carry no authority. This is largely incorrect, and here is why: Attorneys licensed to practice law in a state are also considered to be officers of the court, and when they are engaged in litigation before a court they are empowered by the court to issue subpoenas relating to matters at issue. This means that properly drafted subpoenas have the force of law.

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Blue Ink or Black Ink?

The question about what color ink to use in charts or for record-keeping is one of the more persistent myths in mental health practice. Most clinicians have heard an admonishment to use blue ink or black ink, purportedly for “legal reasons.” But no one seems to know which color is preferred. I am asked questions about ink color with a frequency that is grossly disproportionate to its importance. Let’s set the record straight:

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Business Structures for Therapists

• Psychotherapists frequently have questions about choosing a business structure, especially when opening a private practice. “Business structures” doesn’t refer to the type of building in which your practice is housed. Rather, it refers to the type of business association you choose. For example, can you incorporate yourself (inc.)? Can you form a limited liability company (LLC)? What about a sole proprietorship? And if you choose one of these, what are the implications for personal liability protection and taxes?

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Questions About Mental Health Practice?

If you have questions about mental health practice in California, please feel free to post them here. Chances are that other people have the same question, so don’t be shy. You can post your questions as comments to this website, or you can email me directly at alban@clinicallawyer.com .

The Law and Different Types of Psychotherapists

The four most common psychotherapy professions in California are marriage and family therapists (MFT), psychologists, social workers, and psychiatrists. Each of these professions are covered under at least four different, but interrelated, sections of statute. Note, however, that though there are different statutes that cover and regulate these different disciplines, there are many provisions in the law that apply to all professions. For example, while the Business and Professions Code has separate chapters that address the professions of social work and MFTs, the duty to protect established under the CA statute (which was passed by the legislature after the Tarasoff decisions) applies to all psychotherapists. One of the more critical elements of understanding mental health law as it applies to clinical practice is understanding how the law is applied to each profession, and also when the laws addressing specific professional disciplines render some laws inapplicable to those in another profession.

IMPORTANT: This website is for basic information only. Nothing in this website should be construed to be formal legal advice, nor does it create an attorney-client relationship. Please see the “Important Information” page at the top of the screen.

Introduction

This website is intended as a source of information for mental health professionals in California. The information posted here will hopefully be of use to 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.