RECENT AREAS OF CONCERN FOR CLINICIANS WHO HAVE SOUGHT CONSULTATION WITH ME
Recently, I have noticed an uptick in Complaints filed by supervisors and/or co-workers. Taking this action against a colleague is very serious to me and in many of these cases, the reporter was covering her/his/their behind by throwing a co-worker or supervisee under the bus.
Additionally, I am currently dealing with several subpoena consultations; when a clinician receives a subpoena, due to the inherent risk, professional liability insurers generally reimburse my legal fees for the clinician. I help the clinician by surrounding them with a shield, of sorts. I reach out to the lawyer who issued the subpoena for details about what is expected and any type of issue my clinician may have with releasing the records or their testimony. I assist in creating invoices for clinicians’ expenses, and I deal with the attorney to get my client paid in advance. If we want to limit the production (e.g., a treatment summary rather than all the clinical notes), I negotiate with the lawyer(s) for that outcome. If my client is subpoenaed to appear for a deposition or trial testifying, I learn from the lawyers what information they may be seeking at the depo/trial so that I can prepare my consultee to walk into such litigation event feeling calm, centered, and informed.
I also have recently handled a smattering of employment-related matters, where issues of conflict arise between an agency or group practice owner and an independent contractor clinician. Sometimes I assist the agency owner and sometimes the clinician. Irrespective of which party consults with me, my goal is to effectuate a termination with the therapy clients’ interests and care as the uppermost consideration. It is possible!
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.
TWO MORE WEBINARS THIS YEAR
If you missed my webinars in April (4.11.25 – Ethics; 4.18.25 Clinical/DX) ,and my in-person workshops May 30th (in New Orleans), you might be glad to know that you have another chance to get (3) CEUs in Ethics and (3) CEUs in Clinical/Diagnosis this year.
I am offering in October:
- [ETHICS] Surviving Your Clients’ Litigation: An Ethical Primer for Subpoenas, Depositions, Trial Testifying, and Keeping Your Sanity; OCTOBER 10th 8:45 (MT)/9:45 (CT)/10:45 (ET) – ZOOM REGISTER NOW!
- [CLINICAL/DIAGNOSIS] Therapy with Family Members in the Throes of Divorce: Clinical Considerations – APRIL 18th and OCTOBER 17th; 8:45 (MT)/9:45 (CT)/10:45 (ET) – ZOOM REGISTER NOW!
(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.
Register Online
(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.
Register Online
INSURANCE CONCERNS
How many of you know what type of coverage you have for: (1) subpoena consultations with a lawyer; and (2) defense of a Complaint/Grievance. Find out the limits and any restrictions on the above; for example, I believe that NASW insurance states that they will pay for an attorney they appoint or approve. Find out what your policy says!! I believe that it is your right to retain a lawyer of your choice. Most insurance companies have that policy so it concerns me greatly if my information is correct about NASW. A company that insures social workers, who embrace as a central practice tenet the client’s right to self-determination and autonomy, should offer its clients (social workers) the option of being represented by the attorney of their choice. Because I received this information 2nd-hand and am not myself insured by NASW, I would like someone to send me the language of the coverage portion of NASW insurance to see if I am correct about this problem. If so, we need to advocate for social workers’ freedom of choice to select their attorneys for subpoena consultation and/or defense of a Complaint.
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.”
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: deb@deborahmhenson.com.
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 deb@deborahmhenson.com or debhenson.law@gmail.com. And, you can use the old tried and true method of calling her at 504.232.8884.