The Portable Ethicist for Mental Health Professionals, with HIPAA Update

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. Together, the authors wrote the first edition of this book and its two companion volumes, The Portable Lawyer for Mental Health Professionals, Second Edition and The Portable Guide to Testifying in Court for Mental Health Professionals, both published by Wiley.

Preface. Acknowledgements.

Introduction.

Part I: Client Issues.

1. Alternative Treatment Methods.

2. Boundary Violations.

3. Confidentiality.

4. Dangerous Clients.

5. Discrimination.

6. False and Misleading Statements.

7. Informed Consent.

8. Interviewing.

9. Prohibited Clients.

10. Risky Clients.

11. Repressed and Recovered Memory.

12. Sexual Misconduct.

13. Terminating Therapy.

Part II: Ethics Codes and Licensing.

14. Areas of Ethical Complaints.

15. Ethics Codes as Evidence.

16. Licensing Board Procedures.

17. Office of Civil Rights.

18. Centers for Medicare and Medicaid Services.

19. Reporting Statutes and Obligations.

Part III: Practice Considerations.

20. Billing.

21. Establishing a Practice.

22. Closing or Interrupting a Practice.

23. Kickbacks, Bartering, Fees, and Gifts.

24. Malpractice Insurance.

25. Record Keeping.

Part IV: Professional Issues.

26. Drug and Alcohol Use, Impairment.

27. Duty to Warn.

28. Interprofessional Issues.

29. Professional Vulnerability.

30. Supervision.

Part V: Special Therapy Considerations.

31. Forensic Evaluation.

32. Group Therapy.

33. Don't Do Dumb Stuff.

Epilogue: Ethics in the Twenty-First Century.

Appendix A: Mental Health Professional Organizations.

Appendix B: Allied Healthcare Providers Professional and Supplemental Liability Insurance Policy.

Appendix C: Social Workers Professional Liability Claims-Made Policy.

Appendix D: Sample Jurisprudence Exam Questions.

References and Reading Material.

Index.