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Digital Seminar

Legal & Ethical Issues in Behavioral Health in New Hampshire

Andrea L. Daly, JD, BA |  Biron Bedard, JD, BA
5 Hours 41 Minutes
Audio and Video
Feb 06, 2015
Product Code:
Media Type:
Digital Seminar - Also available: Digital Seminar | DVD


  • Protect and properly disclose protected health information
  • Avoid licensing board complaints
  • Balance the rights of minors and parents
  • Increase your understanding of current legal and ethical issues

A better understanding of your ethical and legal obligations can not only help you provide more effective treatment to your clients, but can help you avoid costly mistakes. This seminar will provide you with the necessary tools to avoid a wide range of ethical and legal pitfalls.
Join attorneys Biron Bedard and Andrea Daly in this entertaining and enlightening recording and leave with a greater understanding of the latest New Hampshire law as it relates to mental health. You will take home practical strategies to minimize and manage legal and ethical risks and you will learn how to immediately implement these risk reducing strategies into your practice.


* Credit Note - **

NOTE: Tuition includes one free CE Certificate (participant will be able to print the certificate of completion after completing the on-line post-test (80% passing score) and completing the evaluation). 

Continuing Education Information:  Listed below are the continuing education credit(s) currently available for this non-interactive self-study package. Please note, your state licensing board dictates whether self-study is an acceptable form of continuing education. Please refer to your state rules and regulations. If your profession is not listed, please contact your licensing board to determine your continuing education requirements and check for reciprocal approval. For other credit inquiries not specified below, please contact or 800-844-8260 before the event.

Materials that are included in this course may include interventions and modalities that are beyond the authorized practice of your profession.  As a licensed professional, you are responsible for reviewing the scope of practice, including activities that are defined in law as beyond the boundaries of practice in accordance with and in compliance with your profession's standards.  

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.


This self-study activity includes 6.0 hours of state specificState Specific ethics instruction. Not all boards allow ethics credit for self-study products. If ethics is not specified within your licensing board’s approval statement below, please contact your board to determine the applicability and amount of ethics allowed.

Addiction Counselors - NAADAC


This self-study course has been approved by PESI, Inc., as a NAADAC Approved Education Provider, for 6.0 CE in the Legal, Ethical and Professional DevelopmentLegal, Ethical and Professional Development skill group. NAADAC Provider #77553. PESI, Inc. is responsible for all aspects of their programming. Full attendance is required; no partial credit will be awarded for partial attendance.


This self-study activity consists of 6.0 clock hours of continuing education instruction. Credit requirements and approvals vary per state board regulations. Please save the course outline, the certificate of completion you receive from the activity and contact your state board or organization to determine specific filing requirements.

Marriage & Family Therapists

This self-study activity consists of 6.0 clock hours of continuing education instruction. Credit requirements and approvals vary per state board regulations. Please save this course outline, the certificate of completion you receive from this self-study activity and contact your state board or organization to determine specific filing requirements. 

Nurses, Nurse Practitioners, and Clinical Nurse Specialists

This self-study activity consists of 6.0 clock hours of continuing education instruction. Credit requirements and approvals vary per state board regulations. Please save the course outline, the certificate of completion you receive from this self-study activity and contact your state board or organization to determine specific filing requirements.

Social Workers

PESI, Inc., #1062, is approved to offer social work continuing education by the Association of Social Work Boards (ASWB) Approved Continuing Education (ACE) program. Organizations, not individual courses, are approved as ACE providers. State and provincial regulatory boards have the final authority to determine whether an individual course may be accepted for continuing education credit. PESI, Inc. maintains responsibility for this course. ACE provider approval period: January 27, 2020 - January 27, 2023. Social Workers completing this course receive 6.0 Ethics continuing education credits.


Course Level: Intermediate. Format: Asynchronous distance learning. Full attendance is required; no partial credits will be offered for partial attendance. 

Other Professions

This self-study activity qualifies for 6.0 continuing education clock hours as required by many national, state and local licensing boards and professional organizations. Save your activity advertisement and certificate of completion, and contact your own board or organization for specific requirements.



Andrea L. Daly, JD, BA Related seminars and products

ANDREA L. DALY is a shareholder and director in the litigation department with the law firm of McLane, Graf, Raulerson & Middleton, Professional Association, where she concentrates her practice in the areas of mental health law and probate litigation. She has extensive experience defending licensed mental health professionals before the New Hampshire Board of Mental Health Practice. Ms. Daly has also represented patients who have brought claims of extreme professional boundary violations against organizations and individual practitioners. Additionally, she has substantial experience providing risk management advice to mental health professionals. Ms. Daly recently completed a six year term as a member of the board of directors of the National Alliance on Mental Illness of New Hampshire. She received her undergraduate degree in Political Science from Boston University in Boston, Massachusetts, and received her J.D. degree from Vermont Law School. Ms. Daly is admitted to practice in the states of New Hampshire and Massachusetts and in the U.S. District Court for the District of New Hampshire. She is a member of the New Hampshire and American Bar Associations. For more information, see

Speaker Disclosures:

Financial: Andrea Daly is the Litigation Director of McLane, Graf, Raulerson & Middleton. She receives a speaking honorarium and recording royalties from PESI, Inc. She has no relevant financial relationships with ineligible organizations.

Non-financial: Andrea Daly has no relevant non-financial relationships.

Biron Bedard, JD, BA Related seminars and products


Biron Bedard is a director and shareholder with the law firm Ransmeier & Spellman, P.C., in Concord, New Hampshire. He represents a number of mental healthcare providers and skilled nursing facilities in his practice. The focus areas of his practice include litigation, business and commercial transactions, as well as mental health law.

Mr. Bedard is admitted to practice in New Hampshire and Maine, as well as the United States District Court, District of New Hampshire, and District of Vermont, and the United States Bankruptcy Court, District of New Hampshire. He was first admitted to the Bar over 20 years ago following receipt of his J.D. degree from the University of New Hampshire School of Law, and a B.A. degree, with honors, from St. Anselm College.

Speaker Disclosures:
Financial: Biron Bedard has employment relationships with Ransmeier & Spellman, P.C. and the University of New Hampshire. He receives a speaking honorarium and recording royalties from PESI, Inc. He has no relevant financial relationships with ineligible organizations.
Non-financial: Biron Bedard has no relevant non-financial relationships.

Alternate Options

Additional Info

Access for Self-Study (Non-Interactive)

Access never expires for this product.

Target Audience

Addiction Counselors, Case Managers, Counselors, Marriage & Family Therapists, Nurses, Psychologists, Social Workers, and other Mental Health Professionals


  1. Discuss access to patient records relating to confidentiality.
  2. Describe the process for responding to subpoenas and court orders and explain how to comply with HIPAA regulations.
  3. Explore the legal and ethical considerations for the treatment of minor populations in New Hampshire with regard to age of consent, confidentiality and custody concerns.
  4. Differentiate between the processes for voluntary and involuntary commitment for treatment and determine the clinician’s role in each.
  5. Develop policies on ethical issues such as competency issues, rights to refuse medication and informed consent.
  6. Designate the treatment provider’s responsibilities relating to mental health issues and the legal duty to warn law in New Hampshire.


Confidentiality of Records

  • HIPAA Privacy Rules and Effect on State law
  • Disclosure Requirements
  • Mandatory Reporting Requirements
  • Consequences of Improper Reporting and Disclosure

HIPAA Compliance

  • Releases for Treatment, Payment, and Healthcare Operations
  • Notice of Privacy Practices
  • Authorizations
  • Business Associates
  • Psychotherapy Notes
  • The HI TECH Act

Responding to Subpoenas, Court Orders, and Law Enforcement Personnel

  • Subpoenas:
    • Types of Subpoenas, Duty to Respond, Time Limits
  • Court Orders:
    • Duty to Respond, Search Warrants
  • Law Enforcement:
    • Authority to Obtain Information, Investigations, Development of Policies and Procedures to Respond

HIPAA 101 - Revised Federal Confidentiality Regulations

  • What Is HIPAA Today?
  • How Do I Comply with the Revised Regulations?
  • What Are “Psychotherapy Notes”?
  • When May I Release Records?
  • How Much Paperwork Will This be for My Office?

Balancing the Rights of Minors & Parents

  • Minors' Rights
  • Age of Majority
  • Access to Records
  • Rights of Minors to Refuse/Consent to Medication and Treatment
  • Alcohol, Drug Abuse and Treatment Issues for Minors
  • Parental Rights
  • Custodial and Divorce Factors
  • Child Abuse Allegations
  • Custodial vs. Non-Custodial Parent’s Rights to Records


Voluntary and Involuntary Mental Health Commitments

  • Reasons to Use a Voluntary Commitment
  • Reasons to Use an Involuntary Commitment
  • Grounds for an Involuntary Commitment: Dangerousness (as Defined by Statute)
  • Procedures

Professional Ethics and Boundary Issues

  • Consent Elements and Competency Issues
  • Individual’s Legal Rights
  • Informed Consent
  • Boundary Issues: Where the Lines are Blurred
  • Board of Health Professionals Investigation - Disciplinary Proceedings

Legal Liabilities for the Professional

  • Duty to Warn Issues
  • Professional Obligations and Standards
  • Fraud & Abuse Issues
  • Billing & Coding Errors
  • Documentation



Overall:      4.3

Total Reviews: 3

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