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Digital Seminar

Legal & Ethical Issues in Behavioral Health in Kansas


Speaker:
Richard D. Dvorak
Duration:
5 Hours 40 Minutes
Format:
Audio and Video
Copyright:
Dec 05, 2014
Product Code:
POS047650
Media Type:
Digital Seminar


Description

  • The Do’s and Don’ts of Documentation
  • Recognize and Avoid Legal Risk
  • Up-to-date Legal and Ethical Laws for Kansas
  • Why and When to Call an Attorney
  • What is a Risk Analysis?

Without the proper legal awareness needed to stay in compliance, you may face grave legal and financial consequences. This seminar will show you how to continue to help the people you’ve been trained to help while still protecting yourself from many legal pitfalls. If you attend only one seminar this year, make it this one. Join attorney Richard D. Dvorak for an entertaining and enlightening day and leave with a greater understanding of the latest Kansas laws as they relate 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.

OUTLINE

Clinical Information Requirements

  • Overview of HIPAA’s Requirements
  • Documentation Requirements
  • Retention Requirements

Confidentiality of Mental Health, HIV & Substance Abuse Records

  • What is Confidentiality?
  • Confidentiality versus Privacy
  • Mental Health Information
  • Substance Abuse Information under 42 C.F.R. Part II
  • When & To Whom Records Can Be Released
  • Alcohol/Drug and AIDS/HIV Treatment Records
  • Protected Health Information under HIPAA
  • HIPAA versus Other Laws—Which Takes Priority?

Implementing Security and Privacy Under HIPAA and Other Confidentiality Laws

  • Key Changes under the HITECH Act
  • Criminal and Civil Liability for Violations
  • Risk Analysis with Case Study
  • Implementing Reasonable and Appropriate Security Measures
  • Writing and Adopting Required Policies

Rights

  • State and Federal Laws
  • Informed Consent
  • Minors
    • Refuse/Consent to Medication/Treatment
    • Alcohol/Drug Abuse
    • Access to Records
  • Parental Rights
    • Rights to Records
    • Custodial versus Non-Custodial Parents
  • Child Abuse Allegations
  • Competency Issues

HIPAA Rights

  • Access to Patient Records
  • Accounting Records
  • Requesting Corrections
  • Requesting Restrictions
  • Alternate Communications

Professional Ethics and Legal Liabilities

  • Disciplinary Proceedings
  • Expert Testimony
  • Duty to Warn Issues
  • Professional Obligations and Standards

Mental Health Professionals & the Legal System

  • How to Respond to a Breach
  • In Deposition or the Court Room: Responding to Questions
  • Testimonial Privileges
  • Divorce
  • Criminal/Civil

OBJECTIVES

  • Understand the process of implementing reasonable and appropriate security measures and knowledge of how to access policy and procedure templates.
  • Develop policies on ethical issues such as restraints, seclusion and individual rights.
  • Recognize security breach analysis and notification strategies.
  • Describe the major requirements in responding to a deposition or responding to questions asked in a court of law.
  • List the updated HIPAA and HITECH Act laws and how they pertain directly to Behavioral Health in Kansas.
  • Compare and contrast the differences between HIPAA and other laws and know which takes priority.
  • Identify at least three issues for which mental health professionals may be held legally liable if not compliant with existing regulations or laws.
  • Equip healthcare organizations with the knowledge and practical applications to achieve “audit readiness”.

 


To order the book, TIPS Trilogy: 86 TIPS, 103 Group Activities, & 127 More Amazing TIPS, please visit our product store.

To order the book, The Mindfulness Toolbox: 50 Practical Tips, Tools & Handouts for Anxiety, Depression, Stress & Pain, please visit our product store.


 

ADA Needs
We would be happy to accommodate your ADA needs; please call our Customer Service Department for more information at 1-800-844-8260.

 

Satisfaction Guarantee
Your satisfaction is our goal and our guarantee. Concerns should be addressed to: PO Box 1000, Eau Claire, WI 54702-1000 or call 1-800-844-8260.

Credit


* 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 cepesi@pesi.com 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.  

For Planning Committee disclosures, please statement above.  For speaker disclosures, please see the faculty biography.


* Credit Note - Ethics

This self-study activity includes 6.0 hours of State 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.


Counselors - Counselors

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.


Social Workers - 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 the course. ACE provider approval period: January 27, 2017 - January 27, 2020. Social Workers completing this course receive 6.0 (Ethics) continuing education credits for completing this intermediate level course. A certificate of attendance will be awarded at the end of the program to social workers who complete the program evaluation. Full attendance is required. No partial credit will be offered for partial attendance. 


Marriage & Family Therapists - 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. 


Addiction Counselors - NAADAC

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 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.


Nurses, Nurse Practitioners, and Clinical Nurse Specialists

This intermediate activity is approved for 6.0 clock hours of continuing education instruction. Credit requirements and approvals vary per state board regulations. Please contact your licensing board to determine if they accept programs or providers approved by other national or state licensing boards. A certificate of attendance will be awarded at the end of the program to participants who are in full attendance and who complete the program evaluation.


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.



Handouts/Brochure

Speaker

Richard D. Dvorak Related seminars and products


Richard D. Dvorak is a shareholder in Tomes & Dvorak, Chartered, a Kansas City area law firm. After serving eight years in the United States Marine Corps, Richard obtained his law degree from Chicago-Kent College of Law in 1992. He is licensed to practice law in Illinois, Missouri, and Kansas, including various U.S. federal courts. Mr. Dvorak’s extensive litigation experience includes medical malpractice, physician licensure, mental health disability cases, military cases, and criminal cases, among others. As vice president of Veterans Press, Inc., Richard has been instrumental in producing cost-effective health information compliance tools. Along with Jonathan P. Tomes and Michael I. Spak, Richard is also coauthor of the book Medical Records Retention Guide, 4th ed., published by Veterans Press in 2011.

As vice president of EMR Legal, Inc., Richard provides consulting services for clients ranging from a large county government, with eight different health entities that need HIPAA compliance help, to a small transcription service. His specialty is helping smaller entities comply in a cost-effective manner using his extensive technical computer knowledge and business acumen. As a small businessman, Richard understands the need to help others learn how to comply with government regulations in a reasonable, cost-effective manner.

Speaker Disclosures: 

Financial: Richard Dvorak is a Managing Partner for Tomes & Dvorak, Chartered. He receives a speaking honorarium from PESI, Inc. He has no relevant financial relationships with ineligible organizations.
Non-financial: Richard Dvorak has no relevant non-financial relationship to disclose.
 


Additional Info

Access for Self-Study (Non-Interactive)

Access never expires for this product.


Target Audience

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

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Overall:      3.5

Total Reviews: 1

Satisfaction Guarantee
Your satisfaction is our goal and our guarantee. Concerns should be addressed to: PO Box 1000, Eau Claire, WI 54702-1000 or call 1-800-844-8260.

ADA Needs
We would be happy to accommodate your ADA needs; please call our Customer Service Department for more information at 1-800-844-8260.

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