RECENT AREAS OF CONCERN FOR CLINICIANS WHO HAVE SOUGHT CONSULTATION WITH ME
I thought it might be informative for my readers of this newsletter to hear some areas of concern that have prompted clinicians to reach to me recently for legal consultation:
- Getting caught in the middle of a family in crisis: adult children who live far away from their aging relative contact the relative’s therapist to provide information regarding their safety concerns for their mother. How does the Board view such contacts between therapists and adult children?
- Records sought by a parent of the child client when actually these records are going to be passed along to the parent’s attorney. How should the therapist respond? Yes, parents have the right to their children’s medical (including therapy) records, but how should you ethically and self-protectively respond to such a request when you realize the records are being sought for litigation purposes?
- Therapy in the complex age of technology … One consultee explained that he had experienced a novel situation: one of his clients began receiving personal voicemails pertaining to the therapist. He searched for answers – was this a problem on the part of the platform or on the part of the cell phone company? The forwarding system somehow glitched such that voicemails meant for the therapist were actually being transmitted to his therapy clients. How did this happen? Quite a mystery. But more important is how the therapist needed to handle the disruption in the therapeutic relationship. His client had now received personal information about the therapist. How would you address this dilemma in your practice?
If situations like some of the above arrive at your doorstep, consider Consultation! My clients tell me it’s money well spent and that they learn quite a lot from working through a dilemma with me. By the way, if not covered by professional liability insurance, your work with me usually can count toward clinical consultation for CEU requirements for renewal; it is paid ethics consultation.
UPDATE ON BOARD’S CONCERNS
- Apparently the LPC Board in Louisiana is particularly concerned about therapists engaging in phone calls with concerned relatives of the therapist’s client. They assumed that a phone call lasting 17 minutes meant that the therapist had shared confidential information. Be aware!
- LPCs are now required to submit to fingerprinting for criminal background checks. I have reached out to LCA for the rationale for this requirement and have learned the following from Diane Austin:
Yes, when they first apply both PLPCs and LPC must submit a background check and fingerprints. I believe on renewal, they must resubmit the background check.
The legislature is requiring this. I thought all licensed groups had the same rule.
Diane Austin LCA Executive Director
So, I checked with the administrator of the Social Work Board and here’s her response:
All licensing boards have to have authority via their statute to require an applicant to have a criminal background check as part of the application process. I’ve copied and pasted the statute providing LABSWE authority. An applicant is defined in La R.S. 37:2710(A)(1). Currently LABSWE is not requiring a criminal background check to renew a license, certification or registration.
Here is the statute for those interested:
§2710. Application and authorization to obtain criminal history record information
- As used in this Section, the following terms shall have the following meanings:
- “Applicant” means an individual who has made application to the board for the issuance, renewal, or reinstatement of any form of licensure which the board is authorized by law to issue.
- “Board” means the Louisiana State Board of Social Work Examiners.
- “Bureau” means the Louisiana Bureau of Criminal Identification and Information of the office of state police within the Department of Public Safety and Corrections.
- “Criminal history record information” means information collected by state and federal criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, bills of information, or any formal criminal charges, and any disposition arising therefrom, including sentencing, criminal correctional supervision and release, but does not include intelligence for investigatory purposes, nor does it include any identification information which does not indicate involvement of the individual in the criminal justice system.
- “FBI” means the Federal Bureau of Investigation of the United States Department of Justice.
- “Licensure” means any license, certification, or registration which the board is authorized to issue.
- In addition to any other requirements established by board rules, the board shall require an applicant, as a condition for eligibility for licensure:
- To submit a full set of fingerprints, in a form and manner prescribed by the board.
- To permit the board to request and obtain state and national criminal history record information on the applicant.
- To pay, in addition to all other applicable fees and costs, such amount as may be incurred by the board in requesting and obtaining state and national criminal history record information on the applicant.
- In accordance with the provisions and procedure prescribed by this Section, the board shall request and obtain state and national criminal history record information from the Louisiana Bureau of Criminal Identification and Information of the office of state police within the Department of Public Safety and Corrections and the Federal Bureau of Investigation of the United States Department of Justice relative to any applicant for licensure whose fingerprints the board has obtained pursuant to this Section for the purpose of determining the applicant’s suitability and eligibility for licensure.
- Upon request by the board and upon the board’s submission of an applicant’s fingerprints, and such other identifying information as may be required, the bureau shall conduct a search of its criminal history record information relative to the applicant and report the results of its search to the board within sixty days from receipt of any such request. The bureau may charge the board a reasonable processing fee for conducting and reporting on any such search.
- If the criminal history record information reported by the bureau to the board does not provide grounds for disqualification of the applicant for licensure under the applicable law administered by the board, the board shall have the authority to forward the applicant’s fingerprints and such other identifying information as may be required to the FBI with a request for a search of national criminal history record information relative to the applicant.
- Any and all state or national criminal history record information obtained by the board from the bureau or FBI which is not already a matter of public record shall be deemed nonpublic and confidential information restricted to the exclusive use of the board, its members, officers, investigators, agents, and attorneys in evaluating the applicant’s eligibility or disqualification for licensure. No such information or records related thereto shall, except with the written consent of the applicant or by order of a court of competent jurisdiction, be released or otherwise disclosed by the board to any other person or agency.
- Upon investigation of the application and other evidence submitted, the board shall notify each applicant that the application and evidence submitted for consideration is satisfactory and accepted, or unsatisfactory and rejected. If an application is rejected, said notice shall state the reasons for such rejection and the applicant’s right to a compliance hearing in accordance with the rules and regulations promulgated by the board.
Acts 1999, No. 1309, §7, eff. Jan. 1, 2000; Acts 2010, No. 880, §1, eff. Jan. 1, 2011.
OFFERING IN-PERSON 6 WORKSHOPS – ETHICS (3) AND CLINICAL (3) CEUs MAY 30th
As many of you know, the Social Work Board is still requiring in-person hours for this collection period ending June 2025. I believe they will change the policy after this year, but in the meantime, I offered 3 + 3 in November, which was well attended, and plan to offer the same combo (different topics) this coming May 2025.
Here are the titles of the in-person workshops that will be held in New Orleans:
(3) CEUs of ETHICS:
Ethical Management of High-Risk Issues with Couples, Divorced Couples, and Children Caught in the Middle
- Risks Inherent with Couples Therapy
- Risks Associated with Divorced Couples
- Risks when Treating Children of Divorced Parents
- Risks for Therapists when Caught in the Middle of Custody Litigation
(3) CEUs of CLINICAL/DIAGNOSIS:
Clinical Conundrums with Boomer Clients
- Duty to Protect & Advance Client Welfare
- Clinical Issues with Boomers – expanded
- Reminiscent Therapy
- Special Topics with Guest Speakers
- 5-year plan (guest)
- Consulting with Older Therapists (guest)
- Countertransference
- Develop a “Team” for your Boomer Client
- Use of Collaterals in Boomer Therapy and Risks
- Medication Metabolism Changes with Aging
- Case examples
For review, here are the CEU rules for social workers 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. [The exception for COVID has expired]
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.
NEW TOPICS FOR BEYOND ETHICS, LLC TRAINING IN 2025: WEBINARS
I will continue to offer webinars for next year and the topics I have chosen thus far are:
(3) CEUs Ethics:
Surviving Your Clients’ Litigation: An Ethical Primer for Subpoenas, Depositions, Trial Testifying, and Keeping Your Sanity
Description of Webinar:
Our clients can become involved in various types of litigation while they are in therapy. Or sometimes their lawyers send them to therapy to establish Pain & Suffering damages in civil litigation (e.g., car accident; sexual harassment, etc.). And, of course, the most common type of litigation for clinicians with whom I provide legal consultation to assist them ethically navigate this high-risk situation is divorcing parents.
Many of you probably did not become clinicians because you were eager to go to court. This webinar is a Basic 101 for Clinicians to help you understand the “game” of litigation and how to navigate the white waters ethically and arrive on the bank unscathed.
Please join us to discuss participants’ or their colleagues’ dilemmas, close calls, or worse (!) that caused them great angst. I will also share as many case examples as time permits during the webinar. Participants are encouraged to submit situations ahead of time if desired.
(3) CEUs Clinical/Diagnosis:
Therapy with Family Members in the Throes of Divorce: Clinical Considerations
Description of Webinar:
In this Clinical/Diagnosis webinar, we will discuss various clinical considerations for your clients, including divorcing parents and their children. Have you found yourself worried about your clients in this category? Adult clients who are the midst of (usually) contentious litigation that is eroding whatever may be left of their decent behavior with the other spouse. Or perhaps the clients you worry most about are the children of divorce, who are (frequently) caught between their parents in escalating co-parenting conflict.
We will look at the helpfulness of Divorce Groups for Kids and how several clinicians might structure these groups with your combined kid clients, and perhaps also manage to form a Co-Parenting Group for some of the willing parent clients of your combined practices. If you cannot offer the groups, finding these resources is vital.
We will also discuss the following ideas that may or may not fit into your practice model:
- Visiting child clients at their schools to talk with teachers about their emotional state (and possibly behavior issues) exhibited at school.
- If group is not possible for the warring parents, the option of meeting with each separately or the two of them together if they can be slightly civil with each other (or agree to your “rules” for the joint session). The goal of this joint session (or more if you can get their cooperation) is to guide the parents at was to consider the long-term “business” of co-parenting and encourage them to make changes for the emotional wellbeing of their children.
Referral networks for this type of work (i.e., co-parenting groups or other therapists with same orientation = “the business of co-parenting” and divorce groups for kids and/or parents) are fantastic and perhaps some such networking could be begun through this webinar.
Just like in the above webinar, Participants are encouraged to submit situations ahead of time if desired.
What people said about my most recent seminars:
- “This was great information for if/when I’m subpoenaed. Wonderful reminder of my role as a counselor and how to make sure I’m protecting myself and [my] license.”
- “The April 1st session on Divorcing Couples with Children was … interactive and informal, balanced well with [Deb’s] knowledge and expertise in the area. I like that she and participants shared real cases that presented a challenge.”
- “Great job with Zoom. It almost was a good as being in the room with you.”
- “Very detailed, helpful … in navigating the legal world from a clinical perspective.”
- “Content was practical and presented in ‘layman’s’ terms. Easy to understand and able to take into practice immediately.”
- “Topic was very pertinent to many things I have experienced.”
- “Very helpful and plan to attend future seminars.”
UPDATE ON TELEMEDICINE EXTENSION THROUGH 2025
(Shared in my last newsletter but am repeating it here)
DEA and HHS Extend Telemedicine Flexibilities Through 2025
The Drug Enforcement Administration (DEA) in concert with the Department of Health and Human Services (HHS) issued a third extension of telemedicine flexibilities for the prescribing of controlled medications, through December 31, 2025.
In 2023, in response to a set of proposed telemedicine rules, DEA received more than 38,000 comments and held two days of public listening sessions. In light of that feedback and discussion, and to give DEA time to consider a new path forward for telemedicine, DEA and HHS extended current telemedicine flexibilities through the end of 2024.
DEA and HHS continue to carefully consider the input received and are working to promulgate a final set of telemedicine regulations. However, with the end of 2024 quickly approaching, DEA, jointly with HHS, has extended current telemedicine flexibilities through December 31, 2025.
ADDITIONAL CUSTOM PRESENTATIONS in 2023
If your agency, clinic, university, or consultation group would like a custom training, I am happy to tailor such to your needs. Together we can plan the substance of the training, case examples, length of training, etc.
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].
SPECIAL OFFERS!
Offer #1: Free Webinar Registration
I have been offering this special to clinicians who register for Beyond Ethics, LLC training; it goes out in the “Welcome” email to them when they sign up. So, here it is for all of you as well.
I really appreciate (in advance) any referrals to my mental health defense law practice or to my training biz (Beyond Ethics, LLC). So, here’s the offer for the webinar referrals:
If you refer two (2) people who follow through and register for one of my webinars, you will receive credit for one (1) Beyond Ethics, LLC webinar in the coming year or whenever you want to use it.
One more caveat: the referred individuals must be NEW additions to my email list. My web guy will check it out for us if you are not sure. Thanks!
Offer #2: 30% Discount on Legal Consultation
I would like to reach as many clinicians in Louisiana and Colorado as possible to let them know that I provide self-protective legal defense and/or consultation.
If you refer another clinician to me who requests legal representation or consultation, YOU WILL BE ENTITLED TO 30% OFF A ONE-HOUR, NON-SUBPOENA CONSULTATION FEE (regular fee is $275) to be used any time within a year of the referral.
One more caveat: the referred person must be a NEW client/consultee; that is, never having worked with me previously. Thanks!
PREVIOUS ETHICS WEBINARS
Please check out my list of Beyond Ethics, LLC presentations listed on my website (https://beyond-ethics.com/ethics-training) for possible areas of training that you or your clinical staff may want to explore. I am happy to present a shortened version of any training topic listed and also to receive your group’s questions in advance for custom tailoring to your group’s needs.
More comments from my most recent seminars:
- “Really good informative seminar…lots of information that I didn’t know I needed but am so glad to have it! Thank you so much!””
- “Great topic and delivery – love Deb’s navigation of the grey areas. Thank you!”
- “I really enjoyed the training; it was quite applicable to practice.”
- “Information presented in a very clear and precise manner with relevant examples.”
- “Great info – very knowledgeable and great examples. Great reminders as well as some new nuggets.”
- “Could have listened to you all day! Great info. Lots to think about.”
- “Thank you for the best Ethics presentation I have been to in 25 years of practice. Your recommendations for protecting ourselves and our clients were exceptional! I will come to any presentation you have in the future. Thank you so very much!”
- “I always enjoy your trainings. I appreciate your flexibility in regards to discussing audience members’ concerns/experiences.”
- “My third seminar with you — you are great! Keep on teaching this class…”
- “Always great! Thank you! Wish you had more throughout the year… You are engaging and positive.”
- “Excellent! I could not think of anything to improve on this workshop. Keep doing what you’re doing.”
- “I thoroughly enjoyed your training. The intimate setting allowed for increased participation. I enjoyed the relevant examples/cases. I have been to Ethics seminars where the presenter went through the code of ethics (boring!). You discussed relevant issues that stimulated our interest in a fascinating way.”
- “Excellent presentation. Very informative and well thought out frame work. Thanks Deb!”
- “Nice work! Very interesting, especially when examining specific case studies.”
Deborah (Deb) Henson is an Attorney and LCSW (Tulane School of Social Work, MSW) in private practice in Colorado and Louisiana, specializing in mental health licensing defense. She represents clinicians in DORA grievances (CO) and licensing board Complaints (LA) and regularly consults with clinicians in both states to help them deal with legal and clinical conundrums, such as: (1) the receipt of subpoenas for records or testimony; (2) the escalation of high-risk clinical situations; and (3) other sticky ethical wickets that arise in clinical practice. Deb helps clinicians develop self-protective, clinically sound and legally proper strategies for risk prevention.
Deb has taught in the MSW programs at Tulane University School of Social Work and the University of Denver Graduate School of Social Work. She also serves as Expert Witness for litigation cases around the country involving assertions of malpractice against clinicians. She offers Divorce Mediation long-distance (Zoom; Skype; telephone) in Colorado and Louisiana. See her website for more details.
Deb has been presenting half- and full-day seminars on “Avoiding Ethics Complaints and Malpractice Lawsuits” or “Legal and Ethical Issues in Clinical Practice” around the country through PESI, Inc. for over 7 years and presenting for many CEU groups in Louisiana and Colorado. She also has lectured for Tulane School of Social Work Continuing Education and the University of Texas School of Social Work (Austin) Continuing Professional Development program, and for many other clinical and counseling groups. Deb started her own training biz — Beyond Ethics, LLC — in 2009. Contact Deb for group presentations to agency staff and/or private practice consultation groups.
Deb can be reached through her law and social work web site: www.deborahmhenson.com or through her training web site: www.beyond-ethics.com. Deb can also be emailed at [email protected] or [email protected]. And, you can use the old tried and true method of calling her at 504.232.8884.