The Mysterious Recurring Two Physician Approval Question

April 20, 2007 on 10:30 pm | In Miscellaneous | No Comments

Another of the more persistent myths in mental health practice is whether certain acts require the approval of two physicians. In the last 6 months I have been asked the following question, in varying form, four times:

“Is it true that if two physicians sign off on _______, this satisfies the legal requirement for _______?”

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Time-frame for Reporting Elder Abuse

April 10, 2007 on 3:17 pm | In Legal Basics | No Comments

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 or dependent adult abuse?
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Confidentiality vs. Privilege: what is the difference?

April 9, 2007 on 6:08 pm | In Legal Basics | No Comments

One of the conceptual questions that clinicians (particularly forensic clinicians) have concerns the difference between confidentiality and the psychotherapist-patient privilege. Many clinicians use them interchangeably, though they are actually two different concepts.

The comparison of confidentiality and privilege is a difficult question to address, partly because it is a comparison of apples and oranges. The comparison is actually much easier when considered as the difference between a “duty” and “privilege,” rather than “confidentiality” and “privilege.”

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Your Malpractice Insurance….

April 4, 2007 on 4:08 pm | In Practice Management | No Comments

Professional liability and risk management tend to be some of the more stressful topics for most clinicians. Receiving a license to practice involves years of study and significant investments of energy and money. It is thus understandable that most clinicians go to great lengths to protect their ability to practice. Often this involves frequent anxiety about liability, licensure, and the ways in which exposure can be minimized.

Clinicians’ concerns notwithstanding, mental health practice remains one of the less risky health professions. This is due to a number of factors, including the physically noninvasive nature of treatment, ongoing training in ethics, and a professional culture that looks favorably upon consultation and supervision. Most clinicians are very concerned about limiting the ways in which they are personally, professionally, and financially exposed to litigation and it is because of this the vast majority of clinicians carry professional liability insurance.

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