I am always available for a day or two around the group training period to schedule individual or group legal consultations. If interested, please schedule with me in advance via email: [email protected].
I am continuing to schedule risk prevention consultations via telephone as always.
UPCOMING GROUP TRAININGS
NOTE: I have a conference room reserved for our August 7th training. I am planning to conduct the training in person if we are allowed to do so at that time. This seminar will be in time for you to obtain the necessary 3 hours in Ethics for renewal – CEU deadline has been extended to September 30th due to COVID-19.
August
7
November
6
both Fridays and both in the morning!!
Date/Time:
August 7th & November 6th, 8:45 a.m. to 12:00 noon
Location:
East Jefferson General Hospital Conference Center
4200 Houma Boulevard, Metairie, LA 70006
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 2020. 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.
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.
Trainings typically are three (3) hours and certificates will be provided at the end of the seminar.
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.
Register Now
REVIEWS/OBSERVATIONS
from MAY 31, 2019 TRAINING IN NEW ORLEANS
The May 2019 workshop in New Orleans had close to 80 participants!! The largest group ever, and it was a lively, participative group of seasoned clinicians.
I had asked the Louisiana registrants to submit case examples of their (or colleagues’) “nightmare cases” (the subtitle of the seminar). So many therapists submitted diverse situations; we had a fun and instructive time analyzing them in the seminar.
It was such a diverse set of situations – some absolutely clinically resolvable, some quasi clinical/legal, and some mostly legal (e.g., responding to subpoenas and filing Motions to Quash subpoena when the release is objected to by the therapy client).
Here are some comments from participants at the recent training:
- “I appreciate Deborah being both a clinician and an attorney. Frightening possibilities regarding complaints, but [she helped me] know what possible protections I can possibly provide for clients and myself.”
- “Great info – very knowledgeable and great examples.”
- “Very good! Lively! Engaging! Knowledgeable! Very important information. Perfect timing.”
- “Deb presented excellent information that I feel will help me with my practice. Excellent info! Great workshop.”
- “I attend multiple, legal, ethical practice trainings and Deb is excellent in presentation. Thank you!”
- “Great advice about staying balanced/grounded in testifying.”
LEGAL NEWS FOR LPCs
There has been a rule modification for LPCs doing tele-therapy. In my last newsletter, I shared the content of the new Rule 505 – Teletherapy Guidelines for Licensees.
This Rule has been rescinded by Emergency Order. Here is the skinny on it, but you can go to the LPC Board web site and see the entire Emergency Order.
DECLARATION OF EMERGENCY
Department of Health Board of Examiners for Licensed Professional Counselors
Teletherapy Guidelines for Licensees and Definition of Internet Counseling (LAC 46:LX.505)
The Louisiana Department of Health, Louisiana Licensed Professional Counselors Board of Examiners has exercised the emergency provisions of the Administrative Procedures Act, specifically R.S. 49:953(B), to rescind rules relative to the Practice of Mental Health Counseling, specifically Section 505 and the definition of Internet Counseling in Section 503. The LPCBE finds an imminent danger to the public’s health, safety, and welfare; thereby, requiring the immediate adoption of this rule to respond to the Covid-19 health emergency. The following Emergency Rule, effective March 23, 2020, shall remain in effect for a maximum of 120 days.
Title 46 PROFESSIONAL AND OCCUPATIONAL STANDARDS REVISED
Part LX. Licensed Professional Counselors Board of Examiners
Subpart 1. Licensed Professional Counselors §503.
Definitions for Licensed Professional Counselors and Provisional Licensed Professional Counselors
A. … * * *
Practice of Mental Health Counseling/Psychotherapy— a. – g. … h. Internet Counseling—mental health services delivered over the internet are rendered where the patient/client is situated. All counselors/therapists serving Louisiana residents via internet counseling must be fully licensed in Louisiana and must adhere to all applicable state laws relative to the practice of mental health counseling. R.S. 37:1111 prohibits any person from engaging in the practice of mental health counseling in Louisiana unless he/she possesses a full and valid license issued by the Louisiana LPC board. No individuals holding a provisional license may engage in internet counseling.
See entire Emergency Order on LPC web site.
SOME GUIDANCE – LEGAL AND OTHER – FOR SOCIAL WORKERS (really for all disciplines)
COVID-related decision by Social Work Board of Examiners:
Louisiana State Board of Social Work Examiners
March 19, 2020
Special Meeting to Address Matters Affected by COVID-19
(This meeting did not qualify as social work continuing education.)
Items 1 – 3 applies to all social workers. It is not necessary to make a written request.
- The continuing education collection period is extended to September 30, 2020. This also applies to the continuing education in clinical supervision required to maintain Board Approved Clinical Supervisor designation and the ethics hours required of all social workers.
- All continuing education hours required for the collection period July 1, 2019 through June 30, 2020 (extended to September 30, 2020) can be completed through distance learning.
- Supervision can be conducted through electronic means until September 30, 2020.
Testing Issues for Certified Social Workers Due to Test Site Closures – this issue is tabled for discussion at the April 3 board meeting. The problem we see is that the Practice Act does not give the board authority to grant extensions for the testing guidelines or the deadline to hold the CSW. We will ask the legislature for authority to extend.
Social work credentials lapse on August 31, 2020. We will ask the legislature for authority to extend.
Temporary Changes at the Board Office – Our lobby is closed. There is a drop slot in the front door should you want to drop off paperwork. If you are facing the door, it is to your right and towards the bottom of the door. Office staff are available by phone or email between the hours of 8:00 a.m. and 3:00 p.m. This is subject to change should the governor direct state offices to close. If that happens, we will still be available by email.
18550 Highland Road, Suite B, Baton Rouge, LA 70809
www.labswe.org [email protected]
Phone: (225) 756-3470 Fax: (225) 756-3472
Recent blog posts you might be interested in:
NEW YEAR – NEW GROWTH – NEW WONDER
Post-Surgery Pondering
Living A Dream
And So It Goes …
A New Adventure
Engagement
Deb’s Louisiana Law Practice
(1) Case/Clinical/Legal Consultations – can be undertaken via teleconference or in person. Call or email for appointment. Flat fee for up to one hour is charged. I am in New Orleans every month or so to meet with licensees who prefer face-to-face in person consultations, but also can arrange consultations via Skype or video face time (with android phones).
(2) Defense for Licensing Board Complaints – with Social Work, LPC, or Psychology Board. Other health professionals are also represented.
(3) Adoptions – while I do not have an “inventory” of babies, many of my clients have found babies who are available for adoption through friends or relatives. The latter is easier to accomplish because it is an “intrafamily” adoption and much easier to accomplish. Stepparent adoptions are considered “intrafamily” adoptions, too. Private (non-family) adoptions are not extremely expensive, but do require a private Home Study by another social worker and that adds to the cost of that type of adoption. Now that the United States Supreme Court has ruled in favor of same-sex marriage, Louisiana has to recognize the marriage of same-sex couples and I can get a second parent adoption accomplished via the Intrafamily adoption statute in any parish.
What people said about 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.”
Training/Legal Consultation For Clinicians/Agencies
I have been providing training for high risk clinical situations and legal involvement of the therapist for individual clinicians and clinical groups in Louisiana and Colorado for some years now. I consult with individual practitioners, small groups of clinicians, and agencies to help therapists prepare for deposition or trial testimony, or to handle a subpoena request for clinical records.
Occasionally, I am available to meet in person with individual therapists who need risk prevention consultation and/or with groups of any size for any type of self-protective, clinical practice in this litigious age. I can custom tailor training to your particular agency or small group with questions submitted in advance by participants, if desired.
Legal Services Offered
- Legal Representation & Consultation for grievances (complaints) to licensing boards and/or malpractice lawsuits
- Training & Consultation for Clinicians and Agencies (e.g., respond ethically to subpoenas while protecting yourself and your clients; identify high-risk clients and situations to avoid client disciplinary complaints and harm to clients or third parties)
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.