Ethical, Legal, and Professional Issues for the Advanced Practice Clinician: Strategies for Reducing Risk in Clinical Practice

Credits

Planning Committee Disclosure - No relevant relationships

All members of the PESI, Inc. planning committee have provided disclosures of financial relationships with ineligible organizations and any relevant non-financial relationships prior to planning content for this activity. None of the committee members had relevant financial relationships with ineligible companies or other potentially biasing relationships to disclose to learners.  For speaker disclosures, please see the faculty biography.

Speaker

Terry Casey, PhD Related seminars and products

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Terry Casey, PhD, is a licensed psychologist, HSP health service provider with over 30 years of professional experience, including a 16-year tenure as the director of counseling & psychological services for a non-profit agency with over 30 counselors at over a dozen locations. He is in private practice in Franklin, Tennessee, teaches ethics and professional issues in counseling at Lipscomb University’s graduate program in clinical mental health counseling, and guest lectures at Trevecca Nazarene University’s PhD program in Clinical counseling. Dr. Casey also served for several years as the chair of the ethics committee for the Tennessee Licensed Professional Counselors’ Association and in an advisory capacity for graduate counseling programs at two universities. He has presented frequently on ethics to organizations such as the American Counseling Association, the Tennessee Licensed Professional Counselors Association, the Nashville Area Association of Christian Counselors, and others. For more information, visit his practice website at rencounselingtn.com.

 

Speaker Disclosures:
Financial: Dr. Terry Casey maintains a private practice and is a faculty member of Lipscomb University. He is a published author and receives royalties. Dr. Casey receives a speaking honorarium and recording royalties from Psychotherapy Networker and PESI, Inc. He has no relevant financial relationships with ineligible organizations.
Non-financial: Dr. Terry Casey is a member of the American Psychological Association, the Tennessee Psychological Association, the Tennessee Licensed Professional Counselor Association, and others. For a complete list, please contact info@pesi.com.

Additional Info

For live CE credit, you must watch the live webcast in its entirety at its scheduled time and complete the CE quiz and evaluation within one week. You will have access for 90 days after the program for review.

Please note: There will be a 70-minute lunch and two 15-minute breaks; one in the morning and one in the afternoon. Lunch and break times will be announced by the speaker and at their discretion. A more detailed schedule is available upon request.

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Objectives

1. Describe the interrelationships among codes of ethics, federal and state laws, and licensing regulations.
2. Demonstrate familiarity with accessing and using tools and resources for compliant practice including secure, HIPAA , compliant internet access, business associate agreements, and telehealth law applications.
3. Analyze ethical and legal aspects of key technology-related topics including social media & communication policies, nuances of distance therapy, email & texting, and practice management systems.
4. Integrate specific strategies for mitigating risk and avoiding ethical and legal problems.
5. Identify the five essential perspectives for navigating all ethically problematic situations.
6. Describe a process for effectively navigating ethically and legally challenging scenarios.

Outline

• Awareness of codes, laws and regulations
• Have a prevention mindset
• Skills to navigate confusing systems
• Decision-making process
• Access to resources and tools to help

• How ethics codes are established and why this matters
• Ethical principles vs ethical standards at an advanced level
• Key overlooked and misunderstood terminology

• Federal laws – Which laws apply and why (e.g., HIPAA vs. FERPA)
• Untangling state laws, statutes, rules, and regulations
• States’ laws and regulations are not the same across states
• Jurisdictional Issues – Practicing across state lines
• Civil suits – What a plaintiff must demonstrate
• Think like a licensing board and how to avoid disciplinary actions
• How to respond to subpoenas and court orders
• Risk - Knowing yourself and when you are on thin ice
• The law of unforeseen consequences
• Vicarious liability

• Social media and communication policy
• Teletherapy-specific informed consent process
• Exceptions to confidentiality on your practice website
• Maintain a case load that is sustainable
• How to ethically make referrals to other providers
• VPN for security for online work
• Boundaries, multiple relationship, and power differentials
• BAAs with all HIPAA business associates

• A framework to easily navigate dilemmas
• Cloud-based practice management systems
• Online resource regarding distance therapy and COVID-19.
• App for sorting out teletherapy interjurisdictional practice issues
• Psychotherapy notes – An underutilized HIPAA-authorized tool
• And more!

• Practice operational issues - Referral streams & fee splitting; Legal and Ethical
• Boundaries - Boundary crossing; variables; physical boundaries & gifts
• Social media, email and texting -Tweets; Emails and the at-risk client; texting and boundaries
• Multiple relationships- Dual relationships & power differentials
• Distance therapy related- Distance therapy & COVID-19; out-of-state counseling
• Minors, confidentiality, consent, & records access
• Combined issues- Testimonials, websites, supervision; distance therapy dilemma; the play therapy request

Target Audience

• Counselors
• Social Workers
• Psychologists
• Case Managers
• Addiction Counselors
• Therapists
• Marriage & Family Therapists
• Nurses
• Other Mental Health Professionals