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Exploring the Essential Features of “Shane Bengoechea – Legal & Ethical Issues in Behavioral Health in Idaho”
For those working in the mental/behavioral health field, dealing with the day-to-day challenges of treating clients can be overwhelming in and of itself. However, the administrative and legal responsibilities are equally crucial. There are weighty decisions – the legal and prudent responses to a wide variety of situations – that demand a proper legal awareness in order to stay in compliance.
Without such knowledge, many well-meaning providers may face grave legal and financial consequences. The purpose of this practical recording is to gain important guidance and insight into mental health laws and regulations.
Speaker
Shane Bengoechea
Bengoechea Law Office, PLLC
Shane O. Bengoechea is the owner of the law firm of Bengoechea Law Office, PLLC, in Boise, where he has a general practice and specializes in the area of health care, insurance, personal injury, business, contracts and corporate law. Prior to being in private practice, Mr. Bengoechea was of counsel for Saetrum Law Offices, the Chief staff attorney for Blue Cross of Idaho, city attorney for the City of Twin Falls, ID and taught business law as an adjunct professor for 10 years. Mr. Bengoechea received his law degree from Gonzaga School of Law and is a member of the Idaho Bar and the United State District Court of Idaho. He is a frequent speaker on various legal topics including governmental law.
Speaker Disclosures:
Financial: Shane Bengoechea is an attorney at law in private practice. He receives a speaking honorarium and recording royalties from PESI, Inc. Shane has no relevant financial relationships with ineligible organizations.
Non-financial: Shane Bengoechea is a member of the Idaho State Bar and Fourth District Bar Association. in suicide from the American Association of Suicidology. He is an internationally recognized expert on suicide prevention, trauma, and resilience.
Objectives
- Ascertain the relationship between your mental health professional practice & family law as it relates to clients.
- Explore the legal and ethical considerations for the treatment of minor populations in Idaho with regard to age of consent, confidentiality and custody concerns.
- Evaluate the laws regarding confidentiality of mental health records for clients.
- Recognize ethical challenges you should consider when responding to subpoenas that request disclosure of client records.
- Communicate the basic civil commitment procedures in Idaho and determine the clinician’s role in each.
- Consider ethical dilemmas clinicians face surrounding boundary setting with clinical practice.
Outline
Mental Health Professionals & Family Law
- Parental Rights
- Legal and Physical Custody
- Custodial Factors
- Custody Evaluations
- Expert vs. Fact Testimony
- Child Abuse Allegations
- Parental Alienation Syndrome
- Deal with Minor’s Counsel
Minor’s Rights
- Age of Majority
- Access to Records
- Minor’s Consent to Treatment
- Right to Refuse Treatment
Confidentiality of Mental Health Records
- When and to Whom Records Can Be Released
- Mandatory Disclosures
- Alcohol/Drug Records
- HIV Records
- HIPAA Update/Business Associate Agreement
Respond to Subpoenas and Court Orders
- Confidentiality vs. Testimonial Privileges
- Types of Subpoenas
- Duty to Respond
- Time Limits
- Assert Confidentiality
- Produce Documents
- Limit the Amount of Disclosure
- Motions to Quash
Administrative Disciplinary Proceedings
- Codes of Ethics
- Violations of State Laws/Regulations
- Investigations by Regulatory Agency
- Conflicts of Interest
- Informed Consent
Professional Ethics, Boundary Issues and Legal Liability
- Consent
- Competency
- Right to Refuse Medication
- Restraints and Seclusion
- Duty to Warn
- Documentation
Target Audience
- Social Workers
- Counselors
- Psychologists
- Marriage & Family Therapists
- AODA Professionals
- Health Information Managers
- Nurses
- Medical Records Professionals
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