Ethical and Legal Issues in Private Practice: Navigating the Top Challenges

CPD

Handouts

Faculty

Terry Casey, PhD Related seminars and products

---

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.

Objectives

1. Discuss and practice techniques for improving critical thinking skills when encountering ethical challenges in private practice.
2. Learn how to navigate professional codes of ethics, licensing rules and laws pertaining to private practice related issues.
3. Examine the ethical issues that arise regarding technology in private practice and how to competently handle them.
4. Establish clear ethical guidelines regarding boundary-setting and special considerations in private practice.
5. Explore potential legal and ethical issues that arise when working with minors in a private practice mental health setting.
6. Articulate the laws related to record-keeping, HIPAA and FERPA to minimize the potential for legal troubles in the mental health profession.

Outline

• What Is and Isn’t a Private Practice
• What are the Goals for Your Business?
• Choose an Ethical Model to Refer to and Apply
• Services You Do and Don’t Provide
• Screening for Potential Clients
• Policies – The Good, The Bad & the Ugly
• Create an Effective Policy Plan for Your Practice
• Intake and Informed Consent Process & Policies
• Understanding Risk – What You Don’t Know Can Hurt You
• How to Avoid Being Sued – An Ounce of Prevention

• Referrals, Gifts & Bartering – Ethical Issues
  • Example Case – “Gifts, Referrals & More: Stephen’s New Practice”
• Marketing Your Practice and Yourself to the Public – What’s Ethical?
  • Client Testimonials
  • Example Case – “Dr. Jones’ Website”
• Fee Policy – Applying Best Practices to Avoid Trouble
  • Usual & Customary Fee
  • Sliding Scales
  • Pro Bono Publico
• Insurance Provider Networks
• Unhappy Customers – How to Avoid Legal Issues
  • Example Case – “The Unhappy Client: Linda’s Refund Demand”
• Multiple Services – Blurred Lines & Ethics
  • Example Case – “Maggie’s New Revenue Stream”
• LLC vs. Partnership vs. Sole Proprietorship – What’s Best for You?
• Multiple Private Practice Roles – What Hat Do You Wear?
• Relationships with Colleagues/Competitors

• Why Boundary Issues are more Important in Private Practice
• Isolation – The Slippery Slope of Multiple Relationships
• Power Differentials – Clients, Employees, Supervisees
• Top Boundary Challenges in Private Practice
  • Example Case – “The Coffee Shop”
  • Example Case – “The Long-term Client”

• Social Media Policies to Implement
  • Example Case – “Ashley’s Tweets”
• Distance Therapy – 6 Keys to Practice
• Online Listing Services
  • Practice Management Software and Electronic Medical Records

• Establishing Written Record-keeping Policies
• HIPAA – What you Need to Know
• FERPA – What you Need to Know
• Privacy Policies

• Informed Consent Policies & Procedures for Minors
• Establishing Who has Authority for Consent
• Know Your Rights – Responding to Records Requests for Minors
  • Example Case – “Celeste and Her Father”

Target Audience

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