Law & Ethics for Social Workers and Behavioral Health Care Professionals: Update and Review

Daniel O. Taube, JD, PhD

Training Description

Professional mental health and addictions services ethics codes, case law and regulations evolve over time, it can be difficult to keep up with these changes. As a result, licensing boards require regular updates for practicing professionals (e.g. the Board of Psychology or the Board of Behavioral Sciences), and malpractice insurers are encouraging their insured members to regularly engage in continuing education on the topic. The purpose of this course is to meet and exceed the requirements of regulatory organizations, assist behavioral health professionals in maintaining competence in this vital area, and in better managing the risks of practice. It will do so by providing a review of key ethical and legal concepts relevant to behavioral health services, including those provided to youth in out-of-home care, and delineating recent ethical, regulatory and other legal changes that affect professional practice in community behavioral health services. It will be taught at an intermediate level, and is appropriate for currently licensed professionals. It meets and exceeds the Board of Psychology's mandated ethics and law update requirement, and the Board of Behavioral Sciences 6 hour update requirement.

Learning Objectives

• Describe four elements of a malpractice case
• List three ways to improve multicultural service delivery for people with disabilities
• Describe three aspects of predictions of violence
• Describe the current status of the Tarasoff rule following the Rosen v. UC Regents decision in March 2018
• Name two changes in the Child Abuse reporting standards.

Agenda

9:00 a.m. to 10:30 a.m. 1. Introduction 2. Ethics, diversity and oppression-Lesson’s from malpractice 3. Distinguishing malpractice/negligence from other kinds of complaints (e.g., licensure) 4. The negligence of BHCPs; how often do malpractice suits actually occur? A relatively low risk for non-medical BHCPs: Incidence and prevalence approximations 5. Why do people sue? Data from the medical malpractice literature 6. Four elements of a “successful” professional malpractice claim 7. Developing Standards of Care (notion that such standards develop best when the professions do it; Ethics Standards, Standards of Care and Standards of Practice) 9. Role of expert testimony; Simons (2004) as an example

10:30 a.m. to 10:45 a.m. Break (CEUs will not be issued for this time)

10:45 a.m. to 12:00 noon 10. Liability for suicidality; Some teaching cases and implications for good practice

(http://www.mentalhealth.va.gov/docs/va_safety_planning_manual.pdf) 11. Standards of Care in Violence cases

12. The duty to protect; threats to others; Biakanja v. Irving, 49 Cal.2d 647, 320 P.2d 16 (1958); Tarasoff v. Regents of the University of California, 13 Cal.3d 177, 529 P.2d 553 (1974), modified, 17 Cal.3d 425; 551 P.2d 334 (1976); Regents of University of California v. Superior Court (Rosen real party in interest),4 Cal. 5th 607, 240 Cal. App. 4th 1296 (2018) 13. Establishing standards of care (SoC) in cases of violence; Are we any good at prediction? Some suggestions from the research  14. Steps to help meet the SoC—including hospitalization 15. Ongoing debates (e.g., Does the “5150” and gun violence argument hold water?)

12:00 noon – 1:00 p.m. Lunch Break (CEUs will not be issued for this time)

1:00 p.m. – 2:30 p.m. 16. Other samples of standards of care: Evidence-Base Practices 17. Ethical and legal responsibilities of supervisors 18. Consent and supervision; the implications of responde at superior and

consent cases (e.g., Schloendorff v. Society of New York Hospitals 211 N.Y. 125, 105 N.E. 92 (1914); Cobb v. Grant, 8 Cal. 3d 229, (1972), Truman v. Thomas, 27 Cal.3d 285, 1980; 19. Structuring the supervisory relationship

20. The duty to maintain confidentiality/privacy and negligence; cases and standards of care (In re Lifshutz, 2 Cal.3d. 415, 467 P.2d 557 (1970);

2:30 p.m. to 2:45 p.m. Break (CEUs will not be issued for this time)

2:45 p.m. to 4:20 p.m. 21. Technology and privacy: HITECH Act and Breach Notification Rule, 2009;

HIPAA Final Rule (2013) 22. Increasing pressure in our digital time 23. Cultural diversity considerations: the case of people with disabilities 24. Updates on Child Abuse and Neglect 25: Conclusions and general lessons informed by case law; three steps to meeting standards of care

4:20 p.m. to 4:30 p.m. Remaining questions and completion of evaluation

4:30 p.m. Adjourn

Meet Our Trainers

Daniel O. Taube earned his JD/PhD from Villanova University and Hahnemann University (1985 and 1987, respectively), as a member of the Joint Psychology and Law Graduate Program. He is Professor Emeritus at the California School of Professional Psychology, Alliant International University, San Francisco, is currently a member of The American Insurance Trust’s Risk Management team, and regularly consults across the country with a wide range of practitioners and community agencies regarding standards of practice and ethical concerns. His areas of professional focus include ethical and legal issues in professional practice, child protection and addictions.

This course meets the qualifications for (6.00) BBS CEUs for LCSWs and MFTs as required by the California Board of Behavioral Sciences & is provided by Fred Finch Youth Center, CAMFT Provider #045295.