COMMON CLINICAL CONUNDRUMS
Some food for thought … I hear these same issues in consultations over and over. No simple answers. Balancing risk versus benefit, which is why consultations are sometimes necessary.
Here are two for this month – feel free to email me with ideas and I will share them in the next newsletter.
CONUNDRUM ONE:
Therapist has to report sibling sexual abuse of minor client although the disclosure may destroy the therapeutic relationship with the minor client.
Example: The abuse occurred years before (e.g., when the minor client was 8 and her older brother was 12), has stopped but the minor client sought treatment due to anxiety re: being stuck at home now with older brother during COVID and trauma rears its head plus stress feared to cause resurgence of the abuse. Brother denies abuse when confronted (after client told parents with help of therapist) and parents will not make him move out to protect the 17-year-old client. Report to Child Protection is mandatory, but girl leaves therapy, will go to another therapist and not mention the abuse again.
What are your ideas for some good ways to handle this bind for the therapist? Email me!!
CONUNDRUM TWO:
Therapist gets a call from the father of a teenager seeking therapy for the teen due to issues at school and general cranky, disrespectful attitude. Maybe some minor drug use. Therapist schedules an Intake – only father and teen show up. Therapist learns that the parents are still living together, but that mother is not a big fan of therapy. Does the therapist have to include mother in the signing of the Intake forms? Answer: Legally, no. Clinically, yes. Why? We have discussed this example at most of my webinars. If you are not sure, please plan to attend the next one!!
GROWING MY EMAIL LISTS – YOUR CHANCE TO RECEIVE A DISCOUNTED WEBINAR OR LEGAL CONSULTATION!
I would like to reach as many clinicians in Louisiana and Colorado as possible to invite them to webinars and to send them my Mental Health Newsletters. If you refer another clinician to me who requests inclusion on my mental health email lists (CO or LA), and that referred person emails me, asks to join the email list for her/his state, and gives your name as the referring clinician, YOU WILL BE ENTITLED TO 20% OFF A WEBINAR FEE OR 10% OFF A CONSULTATION FEE to be used any time within a year of the referral.
For those who refer MORE THAN ONE CLINICIAN TO MY EMAIL LISTS, YOUR DISCOUNT WILL BE 30% OFF WEBINAR FEE AND 15% OFF A CONSULTATION.
One more caveat: the referred person must be a NEW addition to my email list. My web guy will check it out for us; Brian is the keeper/manager of the lists.
What people said about my most recent seminars:
- “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.”
- “Very thorough and helpful.”
- “Topic was very pertinent to many things I have experienced.”
- “Very helpful and plan to attend future seminars.”
UPCOMING GROUP TRAININGS
March
12
2021
Friday morning!! Zoom, baby.
Note: Louisiana and Colorado clinicians will be in attendance at all ZOOM Beyond Ethics, LLC webinars in 2021.
8:45 a.m. to 12:00 noon (MST)
9:45 a.m. to 1:00 p.m. (CST)
March 12th, 2021
via ZOOM
Register Now
Agenda
- Ethical Obligations in the Context of Couples and Families
- Why Couples and Families are Considered High-Risk Clients
- Certain Risks Inherent in Treating Couples and Families
- Specific Clinical and Legal Challenges When Working with Couples and Families: Case Examples (Deb’s and Participants’ situations)
- Ethically Responding to Subpoenas & Dealing with Attorneys
- Self-Protective, Client-Protective Procedure upon Receipt of Subpoena
- Subpoenas for Records, Deposition or Trial Testimony
- Preparing Clinician and Clients for Legal Involvement of Either/Both
Description of workshop
In this workshop, Deb and participants will examine the high-risk nature of clinical practice in 2021. Deb will present vital information for participants’ ethical responses in this litigious day and age. Also, Deb will facilitate discussion of participants’ case examples, as well as her own work defending clinicians in Louisiana and Colorado who have faced legal and ethical dilemmas in their clinical practices.
Deb will help participants develop ethical, self-protective strategies to avoid the high-risk case turning into the nightmare case! As a seasoned clinician, who has a firm belief in protecting clients and guarding their confidentiality, Deb’s suggestions always are fashioned to protect the therapeutic relationship and the client and therapist from bullying, harassing legal activity.
We will be discussing numerous case examples furnished by participants and culled from Deb’s legal practice in Louisiana and Colorado, which provides much grist for the training mill! Additionally, Deb will teach participants a relatively simple step-by-step approach for ethically responding to subpoenas for records, depositions, and/or trial testifying. Deb will help participants learn how to prepare for litigation events such as depositions and trial testifying.
Certificate of CEU/CPD:
Certificates will be provided at the end of the seminar.
Register Now
About the Trainer
Deb is a Licensed Clinical Social Worker with over 35 years clinical experience, who is also a lawyer since 1991. She has been defending clinicians since 2000 in various types of licensing board matters. Deb also has a robust practice of risk prevention consultation for therapists who are attempting to avoid ending up before their licensing board. After Ethics training around the country for PESI and Cross Country since 2006, Deb started her own training business, Beyond Ethics, LLC, in 2009. Through Beyond Ethics, Deb has been offering two to four trainings annually in Louisiana since its inception and in Colorado since 2015. Now that remote practice has taken over our lives, Deb has shifted to offering her Beyond Ethics training in the form of Zoom webinars and is now combining both states.
Case Examples Utilized in the Seminar
Research shows that we learn clinical concepts best with CASE EXAMPLES. Many of you recall how we were taught in our graduate programs … with case examples! In my Beyond Ethics workshops, I always ask participants to send me case examples to discuss in the upcoming webinar. I also incorporate a variety of ethical conundrums for high-risk clinical practices from my law practice defending such claims when grievances are filed against clinicians to illustrate various points.
NOTE: If you are not on Deb’s email list for Beyond Ethics, LLC trainings and would like to receive notification (or your friend or colleague isn’t getting this email and wants to sign up), please go to beyond-ethics.com and sign up for Deb’s newsletter and training email notices.
June
4
2021
Sept
24
2021
Nov
12
2021
Friday morning!! Zoom.
Louisiana and Colorado clinicians
8:45 a.m. to 12:00 noon (MST)
9:45 a.m. to 1:00 p.m. (CST)
June 4, September 24, November 12, 2021
via ZOOM
Register Now
Agenda
- Ethical Obligation for Therapists to Employ a Professional Will (PW)
- When is a PW necessary?
- Do the Licensing Boards Require a PW?
- How does a PW Protect Clients’ Privacy?
- Specific Ethical, Clinical, & Legal Challenges re: Therapist’s Unexpected Exit from Practice
- Creation of the Professional Will
- Select & Prepare an Executor/trix (and Team?)
- Determine What Aspects of Practice Exec will Handle (only Clients or also Financial)
- Organize Clients’ Files for PW Purposes to Protect Clients’ Privacy
- Incorporate PW Information into Intake Paperwork – for New/Existing Clients
- Analyze Risks of Notifying Former Clients of PW
- Plan in Advance for Payment to Professionals who Assist in Implementing PW (e.g., attorney, accountant, copying and postage charges)
- Handling Termination of Existing Practice Checking Account, Any Joint (e.g., Co-Tenants) Checking Account(s) and/or Lease(s), and other Business Closure Details
- Questions/Answers/Discussion
Description of workshop
In the event of death, disability, or other unexpected circumstances that would prevent a psychotherapist from continuing to provide clinical services, a large number of tasks typically need to be completed, which should be set forth in the counselor’s Professional Will. This webinar will address the ethical obligations of counselors to engage in advance planning for such unexpected event. Deb Henson, attorney and LCSW, will lecture on specific ethical, clinical, & legal challenges, including a thorough analysis of methods to protect client confidentiality. Deb will also invite participants’ ideas, experience, and thoughts about this evolving ethical aspect of practice so often overlooked. The webinar will cover the entire process of planning and creating the Professional Will, implementing advance team preparation, and incorporating notice to clients by amending Intake paperwork. Although questions will be welcomed throughout the webinar, some time will also be left at the end for final questions or discussion.
Certificate of CEU/CPD:
Certificates will be provided at the end of the seminar.
Register Now
About the Trainer
Deb is a Licensed Clinical Social Worker with over 35 years clinical experience, who is also a lawyer since 1991. She has been defending clinicians since 2000 in various types of licensing board matters. Deb also has a robust practice of risk prevention consultation for therapists who are attempting to avoid ending up before their licensing board. After Ethics training around the country for PESI and Cross Country since 2006, Deb started her own training business, Beyond Ethics, LLC, in 2009. Through Beyond Ethics, Deb has been offering two to four trainings annually in Louisiana since its inception and in Colorado since 2015.
Case Examples Utilized in the Seminar and Deposition/Trial Prep
In the workshops, I always ask participants to send me case examples to discuss in the seminar. I also incorporate a variety of ethical conundrums for high-risk clinical practices from my law practice defending such claims when grievances are filed against clinicians. I also help clinicians understand how to prepare for depositions and/or trial testifying.
More comments from my most recent seminars:
- “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.”
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.
Preparation for Depositions or Trial Testifying
I also help clinicians understand how to prepare for depositions and/or trial testifying in the webinars and/or individual consultations. Some clinicians have never testified in a legal proceeding and are extremely anxious. I have helped many overcome this paralyzing anxiety as they practice with me prior to the legal event. Most professional liability insurance will cover legal consultations resulting in the receipt of a subpoena (which is the ONLY way you should be going forward with testifying).
If interested or need additional information, please email me: [email protected].
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.