The Portable Lawyer for Mental Health Professionals: An A-Z Guide to Protecting Your Clients, Your Practice, and Yourself

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The Portable Lawyer for Mental Health Professionals: An A-Z Guide to Protecting Your Clients, Your Practice, and Yourself

by Barton E. Bernstein, Thomas L. Hartsell

Wiley | May 13, 2013 | Trade Paperback

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Everything you need to legally safeguard your mental health practice

Fully revised, The Portable Lawyer for Mental Health Professionals, Third Edition identifies, explores, and presents solutions to both the simple and complex legal questions that mental health practices must deal with daily. Written by Thomas Hartsell Jr. and Barton Bernstein—attorneys and therapists specializing in legal issues concerning mental health—this essential guide arms professionals with the expert knowledge needed to avoid a legal violation, or to know how to handle a situation if a complaint is filed.

With downloadable sample forms and contracts—including the new Informed Consent for Psychological Testing and Professional Limited Liability Member Agreement forms—this complete resource features step-by-step guidance, helpful case studies, and "legal light bulbs" to alert clinicians to warning signs and help them steer clear of legally questionable situations.

New to the Third Edition:

  • Coverage of how to conduct business in a digital world, including how to handle confidentiality issues surrounding electronic health records and cloud computing, distance therapy, and maintaining a professional client-therapist relationship in a Facebook world
  • Vital information on a variety of associations' ethics guidelines
  • A look at the Health Information Technology for Economic and Clinical Health (HITECH) Act
  • Considerations for using or not using evidence-based treatments
  • New information on working with minors and dealing with homicidal clients

Convenient and comprehensive, The Portable Lawyer for Mental Health Professionals, Third Edition is the quick-reference resource that mental health professionals, graduate students, attorneys, and clients alike can rely on to make informed legal decisions.

Format: Trade Paperback

Dimensions: 552 pages, 9.3 × 7.55 × 1 in

Published: May 13, 2013

Publisher: Wiley

Language: English

The following ISBNs are associated with this title:

ISBN - 10: 1118341082

ISBN - 13: 9781118341087

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– More About This Product –

The Portable Lawyer for Mental Health Professionals: An A-Z Guide to Protecting Your Clients, Your Practice, and Yourself

by Barton E. Bernstein, Thomas L. Hartsell

Format: Trade Paperback

Dimensions: 552 pages, 9.3 × 7.55 × 1 in

Published: May 13, 2013

Publisher: Wiley

Language: English

The following ISBNs are associated with this title:

ISBN - 10: 1118341082

ISBN - 13: 9781118341087

Table of Contents

Sample Forms xi Preface xiii Acknowledgments xvii SECTION ONE CLINICAL RECORDS: PROTECTED OR NOT 1 Clinical Notes 3 2 Consent to Disclosure Forms 11 3 Correcting Errors 19 4 Discharge or Termination 26 5 Electronic Records 34 6 Intake and Consent Forms 43 7 Maintaining Records 66 8 Treatment Plans and Client Access to Records 77 SECTION TWO CONFIDENTIALITY 9 Couples, Family, and Group Therapy 95 10 Insider Information 102 11 Third-Party Payers 108 SECTION THREE CONTRACTS 12 Capitation Agreements 119 13 ‘‘Gag Rules’’ 126 14 Office Leases 134 SECTION FOUR FEES 15 Setting Fees 145 16 Sliding Fee Scales 152 17 Recovering Unpaid Fees 159 SECTION FIVE FORENSIC ISSUES 18 Abuse Allegations 169 19 Child Custody and Consent-to-Treat Issues 177 20 Children as Witnesses 186 21 Expert Witness 193 22 Forensic Evaluation 205 23 Involuntary Commitment 213 24 Threats of Violence 220 SECTION SIX PRACTICE MODELS 25 Groups 233 26 Partnerships 240 27 Solo Practitioner: Incorporate or Not? 247 SECTION SEVEN HOW TO AVOID MALPRACTICE CHARGES 28 Acts of Commission 261 29 Acts of Omission 270 30 What to Do If You Are Sued 281 SECTION EIGHT MANAGED CARE 31 Confidentiality Issues 289 32 Duty to Appeal 298 SECTION NINE TEAMWORK 33 Legal Aspects of Delegating 307 34 Supervisor/Supervisee Responsibilities 311 SECTION TEN UNUSUAL PRACTICES 35 Geriatric Clients 321 36 Nontraditional and Exotic Therapies 329 37 Internet Therapy 336 38 Social Media 351 SECTION ELEVEN FEDERAL REGULATIONS
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From the Publisher

Everything you need to legally safeguard your mental health practice

Fully revised, The Portable Lawyer for Mental Health Professionals, Third Edition identifies, explores, and presents solutions to both the simple and complex legal questions that mental health practices must deal with daily. Written by Thomas Hartsell Jr. and Barton Bernstein—attorneys and therapists specializing in legal issues concerning mental health—this essential guide arms professionals with the expert knowledge needed to avoid a legal violation, or to know how to handle a situation if a complaint is filed.

With downloadable sample forms and contracts—including the new Informed Consent for Psychological Testing and Professional Limited Liability Member Agreement forms—this complete resource features step-by-step guidance, helpful case studies, and "legal light bulbs" to alert clinicians to warning signs and help them steer clear of legally questionable situations.

New to the Third Edition:

  • Coverage of how to conduct business in a digital world, including how to handle confidentiality issues surrounding electronic health records and cloud computing, distance therapy, and maintaining a professional client-therapist relationship in a Facebook world
  • Vital information on a variety of associations' ethics guidelines
  • A look at the Health Information Technology for Economic and Clinical Health (HITECH) Act
  • Considerations for using or not using evidence-based treatments
  • New information on working with minors and dealing with homicidal clients

Convenient and comprehensive, The Portable Lawyer for Mental Health Professionals, Third Edition is the quick-reference resource that mental health professionals, graduate students, attorneys, and clients alike can rely on to make informed legal decisions.

About the Author

THOMAS L. HARTSELL Jr., JD, is an attorney and mediator in private practice in Dallas, Texas. He is a frequent workshop presenter on topics related to ethics, managed care, confidentiality, informed consent, abuse allegations, and other legal aspects of mental health practice.

BARTON E. BERNSTEIN, JD, LMSW, is an attorney in private practice in Dallas, Texas, and a Licensed Master Social Worker. He conducts workshops and seminars throughout the United States.

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