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Exploring the Essential Features of “Lois Fenner – Legal Issues in Behavioral Health Maryland: Legal and Ethical Considerations”
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.
Watch attorney Lois Fenner for an entertaining and enlightening day and leave with a greater understanding of the latest Maryland laws as they relate to behavioral 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.
Speaker
Lois A Fenner McBride, RN, MS, JD, Attorney at Law
Lois A. Fenner McBride, RN, MS, JD, Attorney at Law, is an honor’s graduate of the University of Maryland Graduate School of Nursing, Undergraduate School of Nursing, and University of Maryland Francis King Carey School of Law. She is an attorney admitted to practice before the Supreme Court of the United States, the Federal Bar and the Maryland Bar. She is a compact licensed Registered Nurse and a Certified Clinical Specialist (Psychiatric and Pediatric). She served as vice president of human resources for Schneider Regional Medical Center, USVI for five years.
Nurse-Attorney Fenner is a founding member of The American Association of Nurse Attorneys, past president of the Monumental Bar Association, a member of the Women’s Bar Association, Trial Lawyers’ Association, the National Exchange Club, Phi Kappa Phi and Sigma Theta Tau honor societies. She has been recognized by the Alliance of Black Women Attorneys with the Distinguished Women in Law Award, the Baltimore Marketing Association Harold Young Leadership Award, and the Baltimore County Diversity Award.
Additionally, she is a three-time recipient of the Daily Record’s Top 100 Women in Maryland Award and was inducted into the Circle of Excellence. Nurse-Attorney Fenner has been recognized as a Baltimore Business Journal’s Who’s Who in Law and was selected as one of the Super Lawyers twice. Her practice focuses on medical and health care litigation and consulting: including medical malpractice, personal injury, accreditation, human resources, wrongful death, risk management, credentialing and professional boards/licensure.
Nurse-Attorney Fenner is a recognized educator and lecturer throughout the country providing realistic and current information in dynamic presentations.
Speaker Disclosures:
Financial: Lois Fenner McBride receives compensation as a Nurse Attorney, HR Consultant, and Educator-Lecturer. She receives a speaking honorarium and recording royalties from PESI, Inc. She has no relevant financial relationships with ineligible organizations.
Non-financial: Lois Fenner McBride has no relevant non-financial relationships.
Objectives
- Establish practices for ensuring HIPAA compliance to protect client’s privacy and minimize risk of litigation.
- Compare the different requirements for release of protected health information via subpoenas and court orders.
- Explore the legal and ethical considerations for the treatment of minor populations in Maryland with regard to age of consent, confidentiality and custody concerns.
- Differentiate between the processes for voluntary and involuntary commitment for treatment and determine the clinician’s role in each.
- Develop policies on ethical issues such as restraints, seclusion and informed consent.
- Designate the treatment provider’s responsibilities relating to mental health issues and duty to warn law in Maryland.
Outline
Overview/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
HIPAA 101 – Federal Confidentiality Regulations
- What is HIPAA Today?
- How Do I Comply with the Regulations?
- What Are “Psychotherapy Notes”?
- When May I Release Records?
- How Much Paperwork Will This Be for My Office?
Responding to Subpoenas, Court Orders and Law Enforcement
- Subpoenas: Types of Subpoenas; Duty to Respond; Time Limits
- Search Warrants & Court Orders
- Authority to Obtain Information
- Investigations
- Development of Policies and Procedures to Respond
Balance the Rights of Minors & Parents
- Minors’ Rights
- Age of Majority
- Access to Records
- Rights of Minors to Refuse/Consent to Medication and Treatment
- Alcohol, Drug Abuse and Treatment Issues for Minors
- Parental Rights
- Custodial and Divorce Factors
- Child Abuse Allegations
- Custodial vs. Non-Custodial Parent’s Rights to Records
Voluntary and Involuntary Mental Health Commitments
- Reasons to Use a Voluntary Commitment or an Involuntary Commitment
- Grounds for an Involuntary Commitment: Dangerousness (as Defined by Statute)
- Mental Illness
- Procedures
Professional Ethics and Boundary Issues
- Consent Elements and Competency Issues
- Medication: Right to Refuse
- Restraints and Seclusion
- Individual’s Legal Rights
- Informed Consent
- Boundary Issues: Where the Lines Are Blurred
- Prescribing Practices
- Board of Health Professionals Investigation – Disciplinary Proceedings
Legal Liabilities of the Professional
- Duty to Warn Issues
- Professional Obligations and Standards
- Fraud & Abuse Issues
- Billing & Coding Errors
- Documentation
- Compliance with Contradictory Laws
Target Audience
- Social Workers
- Counselors
- Psychologists
- Marriage & Family Therapists
- AODA Professionals
- Health Information Managers
- Medical Records Professionals
- Nurses
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