LE01 – Safe Practice: Liability and Risk Management
Difficulty: All levels
The presentation outlines key legal and ethical information pertaining to maintaining clinical records, privacy regulations and confidentiality, and is designed for early career through senior professionals. The program begins with a review of recently enacted or modified laws in the State of California, which have implications for all jurisdictions in the United States. The program then turns to issues concerning record retention from a legal liability viewpoint rather than the simple statements of how long records must be kept, and websites that provide helpful information about liability and risk management for any/all mental health clinicians, and then turns to an analysis of record-keeping requirements. The presentation then reviews situations in which clinicians are involved in the legal system and especially in courts of law, including witness categories. What follows is a review of practice formations, and ways to create and manage mental health practices, including how to cope with reputational problems. The program ends with information about developments for involuntary commitment, internet practice and a review of the best online training for child abuse reporting.
- List two legal developments in California law that impact child abuse reporting;
- Identify two major factors governing record retention.
- State the three types of witness categories that clinicians may be assigned by the legal system.
- Name at least two categories of practice formation.
- List at least two legal underpinnings of involuntary hospital commitment.