MY REQUEST to THE LOUISIANA SOCIAL WORK BOARD FOR MY SYNCHRONOUS* WEBINARS TO RECEIVE AN EXCEPTION TO THE DEFINITION OF IN-PERSON CEUs

As many of you know and have complained to me, the COVID allowance of all CEUs to be distance learning has expired, meaning that Louisiana Social Workers are clamoring for in-person hours. I have been asked if my webinars would count as “in-person” and, upon pondering, I do not see why they should not count given the audience participation aspect of my trainings.

So, I decided to ask for an exception to the in-person rule for my Beyond Ethics, LLC webinars and am now on the Social Work Board Agenda for April 12th Board Meeting. Feel free to join virtually or in person; I don’t know if the Board will specifically ask for input, but they are usually pretty good about calling on attendees who want to speak about something.

Here are the CEU rules currently:

• Twenty (20) hours of social work continuing education is required annually prior to the renewal of a license, certification, or registration. The collection period for continuing education is September 1 of last year through August 31 of the current year.
• The Rules, Standards and Procedures limit distance learning to 10 hours annually; however, through August 31, 2023 the Board has approved all continuing education to be obtained through distance learning.
• LCSWs are required to obtain ten (10) of the twenty (20) hours in the area of clinical social work to include diagnosis and treatment annually.
• All social workers are required to obtain three (3) hours in the area of social work ethics every two years.

My request to the Board:

Dear LABSWE:

I am requesting an exception for the in-person designation of my Beyond Ethics, LLC webinars that: (1) encourage participants to send in their specific dilemmas or issues ahead of the webinar for me to address and lead discussion around in the webinar; (2) provide ample time/permission for participants to ask questions during the webinar and to raise their own dilemmas if not sent in ahead of time; and (3) promote discussion within the group of the various issues we are covering in the webinar.

I have taught Ethics for 18 years – started training in Austin, TX where we evacuated during Katrina. I have trained through behavioral science companies like Cross Country and PESI and for numerous university classes, faculty, and field placement advisors. Until the pandemic, all my trainings were conducted in person, including in Louisiana several times a year.

My current webinar offerings (3 hours Ethics CEUs each webinar, usually one or two topics a year) are conducted exactly as I did in person – I ask for comments, questions, discussion in all my webinars and believe strongly that this type of interactive process is vital for best learning. I present case examples and ask participants how they would handle something like that. I even started getting a bit fancy (for me) and started doing polls via Zoom so we could add in the participants’ experiences during the webinar.

I have heard from many social workers that they are finding it very difficult to obtain the requisite in person hours required now that the COVID exception to distance learning has been phased out. I know the LPCs allow my webinars to be counted as in person hours and that the social work board is considering changing the rules.

In the meantime, I would like to request an exception be granted so that folks who take my Beyond Ethics, LLC webinars can register those 3 hours of Ethics as in-person for purposes of the CEU requirements for renewal.

Thanks very much for considering my request.

Warm regards,

Deborah (Deb) Henson, LCSW, JD, LL.M

* Synchronous learning means that the instructor and the students in the course engage with the course content and each other at the same time, but from different locations.

Asynchronous online learning allows students to view instructional materials each week at any time they choose and does not include a live video lecture component. On the other hand, synchronous online learning means that students are required to log in and participate in class at a specific time each week. The main difference between asynchronous learning and synchronous learning is this live instruction component occurring at a set time.

Read more about asynchronous vs. synchronous

PROFESSIONAL LIABILITY INSURANCE FOR MENTAL HEALTH PROFESSIONALS: BUYER BEWARE!!!!

PART TWO

In my last Mental Health Newsletter, I proposed the following, but honestly, who has time these days???

Why don’t we conduct a survey? I would love it if you would ask the above questions of your current insurance company and email me the answers.

I will incorporate them into the next newsletter along with the answers I receive from HPSO. I’m happy to serve as a mini forum for this issue of best coverage – may differ depending upon the state.

I mentioned a couple companies and said I would report back on what HPSO had to say about my concerns with mental health professionals’ liability coverage and ability to choose their own attorneys for subpoena consultation and/or defense of licensing board Complaints. Here is that email string for our edification:

Hey Lynette,

I have a couple questions.

1. Can an insured select his/her own attorney to defend a licensing board complaint?
2. If so, do you cap the reimbursement based on a certain hourly fee for the attorney?
3. Do you reimburse insureds for subpoena consultation legal fees? 
4. If so, do you cap that subpoena hourly rate for the attorney fee?

Thanks for your quick response.

Deb Henson

[Note: someone other than my contact there answered my questions – see below]

Dear Deb,

Thank you for contacting Healthcare Providers Service Organization.

Yes, an insured can select an attorney for a LP issue and the rate is capped. 

Yes, if you receive a subpoena, you will file a claim and a claims adjuster would contact you to let you know how your policy will respond. 

Should you need further assistance, please do not hesitate to contact us at [email protected] or at our toll-free number 1-800-982-9491 weekdays between the hours of 8:00 a.m. to 6:00 p.m. Eastern Time.

Sincerely,
Brenda Leach
Healthcare Providers Service Organization
www.hpso.com

[Note: she did not answer the question as to choosing your own attorney for subpoenas, but she does advise sending it in upon receipt.]

My reply with more questions:

What is the attorney rate capped at?

Can an insured select his or her own attorney to respond to the subpoena and expect to be reimbursed in full by HPSO?

Thanks,
Deb

HPSO’s final response:

Deb,
It would be best if you called the license protection department to speak with a representative. In general terms, we can answer some of your questions. We ask you kindly call 800-216-9788 to address specifics for the insured you may be referencing, again, these are generic answers that may not apply to all insureds.

1. Can an insured select his/her own attorney to defend a licensing board complaint? In a license protection case, the insured chooses their own attorney for defense.
2. If so, do you cap the reimbursement based on a certain hourly fee for the attorney? General, attorney fees for license protection defense are reimbursed at $200 per hour, but there are some variations to this rule. 
3. Do you reimburse insureds for subpoena consultation legal fees? We ask you call for further clarification on the question. 
4. If so, do you cap that subpoena hourly rate for the attorney fee? We ask you call for further clarification on the question. 

Thank you,
License Protection Department
NSO HPSO

HPSO SUMMARY

So, no clarification/answer on whether HPSO would (1) allow an insured to select her/his/their own attorney for subpoena consultation, and (2) pay the attorney, if allowed, what they charge for an hourly rate.

Also note that HPSO caps attorney fees for defense of licensing board Complaints at $200/hour. Please know that attorney hourly fees are much higher than that; maybe back in 2000 that was a reasonable hourly for attorney defense, but not in this present time.

Another problem related to insurance claims for legal fees developed since my last writing. I have both good and bad news to report concerning the long-time professional liability insurer, American Professional Agency. I believe they used to be NASW’s carrier, but don’t quote me on that.

What I do know about them is: (1) “the bad” – they refused to cover legal fees on a subpoena consultation because my client had not sent them the subpoena when he received it. Although he explained to them that he was unfamiliar with the procedures (never having gone through it previously) and I explained that I do not directly handle nor advise my clients regarding insurance requirements because I generally do not take insurance assignment. I asked that they reconsider reimbursing him and they denied coverage up to that point; (2) “the good” – with a different client who received a subpoena and sent it to them with a request for me to represent her, the insurance agent emailed me with the referral and did not balk at my hourly rate for subpoena consultations.

My suggestion is that you consider what type of coverage you want based on these factors, among others:

1. Do you want to right to choose your own attorney for subpoena consultations (becoming more and more frequent and expensive due to therapy clients divorcing and litigating intensely, plus the back and forth that I am forced to do with the attorneys in the underlying litigation – which is why you want an attorney in the first place if you receive a subpoena!!)
2. Do you want a policy that will reimburse you for all reasonable attorney fees for defense of licensing board Complaints/Grievances filed against you – as opposed to placing a “cap” on attorney fees at a low rate, which means you will not be 100% reimbursed for your license defense?

This insurance coverage area is important for clinicians and most of you have professional liability, so you think you are A-OK. But, I suggest that before you renew, you find out the answers to the above questions. Feel free to use my emails hereinabove in any manner you wish.

Good luck and if you report back to me, I will include your findings in my next Mental Health Newsletter either anonymously if you prefer or giving you the credit for your diligence!!

UPCOMING WEBINARS IN 2024 – BEYOND ETHICS, LLC

As usual, I mulled and pondered … and reviewed the evaluations sent by my Beyond Ethics, LLC webinar participants. Some of you suggested topics for me to cover; I combined a few ideas to develop the topic for this coming year.

Also, I decided for the first time since operating Beyond Ethics, LLC training, that I would vary the annual schedule from same topic/3x year to two topics, each 2x year. Now I train mostly via webinars, and many of you in Louisiana need to get CEUs by the end of June, so I’m hoping this helps those of you who enjoy my webinars to be able to get 6 hours each year from Beyond Ethics, LLC.

I have already presented one webinar on Wellbeing and if you missed that one, you can still register for the June 7th repeat. I’m getting excited about the upcoming webinar on that age-old pesky problem: Divorced or Divorcing Parents, which be offered May 10th. See details for both below.

Please join us!!

• Well-Being: June 7th
• Divorce: May 10th

For more details about the two 2024 Beyond Ethics, LLC webinars, keep reading…

DEB IS AVAILABLE FOR LEGAL / CLINICAL CONSULTATION and/or TRAINING

I am available to provide legal consultations for your high-risk clients or situations. I offer consultations to individual therapists or clinical group (e.g., clinical consultation groups, suite mates, etc.). I often schedule therapist consultations via telephone but can also schedule via Zoom if you prefer.

Additionally, I also can work with you to design custom training for your agencies, academic mental health programs, and small group practices. The trainings I have provided in the past have included a focus on: (1) ethically managing high-risk clinical situations and legal involvement of the therapist, (2) helping therapists prepare for deposition or trial testimony, and (3) responding to a subpoena request for clinical records or therapist testimony at deposition or trial.

If interested or need additional information, please email me: [email protected].

PREVIOUS ETHICS WEBINARS

[NOTE: these topics/presentations are available for consultation groups, agencies, or university custom trainings – contact Deb for more information or to schedule.]

2022

Divorcing Couples with Children: Ethical, Self-Protective Management of High-Risk Cases and Legal Involvement – April, June, November.

Divorce and custody litigation can draw therapists into a black hole and destroy their ability to maintain a healthy, therapeutic relationship with the child client who needs them sorely.

This workshop will help clinicians prepare to handle these white-water rapids with a better understanding of how to shield themselves from harm, albeit probably not from all anxiety.

Deb invites participant discussion throughout the webinar and encourages registrants to submit specific situations in advance to enhance our grist for the training mill.

2021

June, September, November – a topic that will either intrigue or depress you: The Professional Will. Why would it depress you? Because most of us prefer to avoid the inevitable knowledge that one day we will no longer be around. This topic has been requested by some folks over the years but arises primarily from my several consultations with mental health professionals who had to “pick up the pieces” after a beloved colleague suddenly passed away.

In all my consultations, the mental health provider died, but some situations present a slightly different twist: the therapist suffers a stroke or other type of sudden, debilitating medical event. Poof! Clinical practice is OVER. Suddenly. Without the therapist’s ability to terminate or even email or text her/his clients. How will clients of the suddenly gone therapist be notified that their therapist will no longer be able to see them for their scheduled appointments this coming week?

These experiences that I have been involved with peripherally caused great angst in the mental health professionals who met with me to figure out what to do and how to do it ethically. They were torn between wanting to notify the deceased therapist’s clients but worrying about entering forbidden territory: CONFIDENTIAL MATERIAL IN CLIENTS’ CASE FILES.

This is the type of dilemma that a Professional Will seeks to avoid. Similar to a personal estate Last Will and Testament, the Professional Will involves planning for an untoward event where the therapist himself/herself has suddenly departed. Moreover, because therapist’s clients are notified ahead of time, the concerns about breach of confidentiality are eliminated; the client has given advance consent – and those of you who have attended my trainings in Self-Protective High-Risk Clinical Practice know I am keen on advance consents in your Intake paperwork because client’s agreement in advance protects you from breach of confidentiality Complaints/Grievances.

Additionally, as you have heard me say frequently in Beyond Ethics, LLC seminars, self-protective practice is not at odds with caring for our clients’ wellbeing, but rather ensures excellence in clinical practice. This is a great example. If you are self and colleague protective by creating a Professional Will, it also serves to give clients notice not only pertaining to the individual who would handle your caseload wrap-up, but also demonstrates to the client that you care for them enough to plan ahead to protect their confidentiality and continuation of care should something happen to you.

Anyway, for more on why we need Professional Wills, how to create them, how to advise our clients of their existence, how to prepare our practices and assemble a team of trusted others who will be ready to jump in … and lots more: Advance Ethical Planning for Therapist’s Unexpected Departure: The Professional Will!!

2020

March – there were about 30 mental health professionals in the Zoom webinar offered to both Louisiana and Colorado clinicians – Walking the Clinical High Wire with Couples, Families and Legal Involvement: Ethical Management of Risk.

One participant who had sent a couple scenarios to me in advance agreed to present them in our meeting. We had a robust discussion of ideas for her that morphed into other issues and analyses. Quite a fun, engaged, and productive 3 hours.