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Legal & Ethical Issues in Behavioral Health in Oregon

Paul A. Cooney, J.D. |  David J. Madigan, J.D.
5 Hours 59 Minutes
Feb 17, 2020
PESI Publishing
Product Code:
Media Type:
DVD - Also available: Digital Seminar


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 program will provide you with the necessary tools to avoid a wide range of ethical and legal pitfalls.

If you watch only one recording this year, make it this one. Join attorneys Paul Cooney and David Madigan for this entertaining and enlightening program and leave with a greater understanding of the latest Oregon 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.



Save time and money off other submission methods – purchase & take the CE test online for $19.99. Additional processing fees apply for other submission methods (i.e. mail, fax, etc.). Please contact our Customer Service at 1-800-844-8260 for more details.  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 completion.

Certificates of Successful Completion are available for email, download and/or printing from your online account immediately following the successful completion of the post-test/evaluation.

**Materials that are included in this course may include interventions and modalities that are beyond the authorized practice of mental health professionals. 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 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 (SAS/NTA AP 1/2) (Self-Study) (self-study)


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.


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

PESI, Inc. is accredited as a provider of nursing continuing professional development by the American Nurses Credentialing Center’s Commission on Accreditation.

Nurses completing these self-study materials will earn 6.0 contact hours. Expires: 02/17/2023.


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.



Paul A. Cooney, J.D. Related seminars and products

Paul A. Cooney, J.D., is a healthcare attorney who has been in practice for 22 years. Mr. Cooney is managing partner at Cooney, Cooney and Madigan, LLC where he specializes in healthcare litigation and represents a wide variety of healthcare professionals in all aspects of their practice. Mr. Cooney is general counsel for the Oregon Psychological Association. He represents mental health professionals in malpractice cases, licensing and discipline matters, as well as general business matters. He is licensed to practice in both Oregon and Washington and is a frequent speaker on legal issues and risk management.

Speaker Disclosures:

Financial:  Paul Cooney is managing partner at Cooney, Cooney and Madigan LLC. He receives a speaking honorarium from PESI, Inc. He has no relevant financial relationships with ineligible organizations.


Non-financial: Paul Cooney has no relevant non-financial relationship to disclose.

David J. Madigan, J.D. Related seminars and products

Attorney at Law

Cooney, Cooney and Madigan LLC

David J. Madigan, J.D., is a partner at Cooney, Cooney and Madigan, LLC. Dave has been in practice for 13 years and is licensed in both Oregon and Washington. As a healthcare attorney, Dave’s practice focuses on defending board complaints and advising healthcare practices on federal regulations, including Medicare, HIPAA, and Stark regulations, as well as setting up group practices. In the Cooney, Cooney and Madigan office, Dave is known as the subpoena guru.


Speaker Disclosures:

Financial: David J. Madigan is partner at Cooney, Cooney and Madigan LLC. He receives a speaking honorarium from PESI, Inc.

Non-financial: David J. Madigan has no relevant non-financial relationship to disclose.

Additional Info

Access for Self-Study (Non-Interactive)

Access never expires for this product.


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  1. Develop policies on ethical issues such as restraints, seclusions and informed consent.
  2. Designate the treatment provider’s responsibilities relating to mental health issues and duty to warn law in Oregon.
  3. Explore the legal and ethical considerations for the treatment of minor populations in Oregon with regard to age of consent, confidentiality and custody concerns.
  4. Establish practices for ensuring HIPAA compliance to protect client’s privacy and minimize risk of litigation.
  5. Compare the different requirements for responding to subpoenas and court orders for mental health records.
  6. Determine the legal considerations for a clinician to be prepared when called for a deposition.


Professional Ethics and Boundary Issues
  • Informed Consent Issues
  • Ethics & Board Complaints
Legal Liabilities of the Professional
  • Current Litigation Trends & Liability for Lost Data
  • Clients Who Threaten You or Your Staff
  • Business Issues for the Private Practitioner
  • Business Issues for the Rural Practitioner
  • Duty to Warn
  • Suicidal Patients – Treatment and Documentation
  • Abuse Reporting – Child/Elder/Developmentally Disabled
Balance the Rights of Minors & Parents
  • Minors Rights
    • Age of Majority
    • Access to Records
    • Rights of Minors to Refuse/Consent to Medication and Treatment
  • Parental Rights
    • Custodial and Divorce Factors
    • Child Abuse Allegations
    • Custodial vs. Non-Custodial Parent’s Rights to Records
Confidentiality of Mental Health Records
  • When and to Whom Records Can Be Released
  • Mandatory Disclosure Requirements
  • Alcohol/Drug and AIDS/HIV Treatment Records
  • Necessary Documentation
Compliance with HIPAA and State Confidentiality Laws
  • What Protections are Necessary to Insure Compliance?
  • What are the Potential Liability Issues for Breaches of Confidentiality?
  • What are the “Best Practices” for Health Care Providers to Insure Compliance/
  • Practicing in the Digital Age
Responding to Subpoenas, Court Orders and Law Enforcement
  • Subpoenas
    • Types of Subpoenas
    • Duty to Respond
    • Time Limits
  • Court Orders
    • Duty to Respond
Litigation Issues & Board Complaints
  • How to Prepare for a Deposition
  • Documentation Issues
  • What Can Be Done in Advance to Better Protect the Provider and the Clients
Ethics of Electronic Communication
  • Encryption
  • Email and Texting
  • Tele-Mental Health

Target Audience

  • Social Workers
  • Psychologists
  • Counselors
  • Marriage & Family Therapists
  • AODA Professionals
  • Case Managers
  • Nurses
  • Health Information Managers
  • Medical Records Professionals



Overall:      5

Total Reviews: 3



"I learned and reviewed much helpful information. Thanks!"

Erika P

"Thank you for this material. As I transitioned to Oregon from another state, this training is highly useful for the psychologist licensure exam."

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