The Ethical Private Practice: A Survey of Legal-Ethical Needs For a Mental Health Private Practice
1.5 CE Credit Hours. Legal-Ethical. Continuing Education Session Replay
Presented By: Rob Reinhardt, LPC-S NCC; Roy Huggins, LPC NCC
Starting a private practice can be a complex endeavor, but it doesn’t have to be a terribly difficult one. It’s important to remember that a private practitioner is a clinician and a clinic administrator rolled into one. That means that the responsibilities for taking care of the legal-ethical pieces of putting the practice together all fall on to the clinician.
The good news is that while it can be complex, it doesn’t have to be complicated. The legal-ethical steps of getting that practice fully ready for prime time can be broken down and taken in chunks.
This introductory-level course will take counselors, marriage and family therapists, clinical social workers, and counseling and clinical psychologists through the basic legal-ethical steps necessary when setting up and maintaining a private practice in the current practice environment. While not every step will apply to every participant, they will all need to be considered as a part of your overall practice management plan.
We will start by looking at laws and ethics codes at the state and federal levels, and then dive into information related to record-keeping and maintenance. Then we will discuss ethical and legal issues in using practice management technology.
This course is highly informative and also highly fun, as the program was developed and presented by the dynamic duo of Rob Reinhardt and Roy Huggins! This program was originally created as a live presentation for Person Centered Tech Support members, and the replay is now available to the general public.
- Create a personalized checklist of one-off and repeated tasks necessary for legal and ethical maintenance of a mental health private practice.
- Create a plan for getting procedures in place to take care of client records in the event of the attendee’s incapacitation.
- Create a plan for developing a practice technology setup that meets the legal-ethical needs that apply to the attendee’s practice.
- Establish a basic outline of the legal-ethical needs for a mental health private practice
- Knowing Your Responsibilities – Federal Law, State Law, Local Laws, Code of Ethics
- Liability – Ethics vs. Law
- Complying with Ethics
- Complying with HIPAA
- Record-Keeping and Maintenance Needs
- HIPAA vs. Ethics vs. Insurance – Meeting minimum requirements and beyond
- Client Records vs. Practice Records
- Contingency Planning – What happens when something happens to you?
- Practice Technology-Related Needs
- Using an EHR / Practice Management System
- Complying with Ethics and the HIPAA Security Rule
- Incorporating technology into your contingency plan
- Q & A from live attendees
- American Counseling Association. (2014). ACA Code of Ethics. Alexandria, VA: Author.
- American Psychological Association. (2010). American Psychological Association Ethical Principles of Psychologists and Code of Conduct . Washington, DC: Author.
- National Association of Social Workers. (2008). Code of Ethics . Washington, DC: Author.
- National Board for Certified Counselors. (2012). Code of Ethics . Greensboro, NC: Author.
- US Dept. of Health and Human Services. (2006). HIPAA Administrative Simplification . Washington, DC: Author.
- US Dept. of Health and Human Services. (2013). HIPAA Omnibus Final Rule . Washington, DC: Author.
Rob Reinhardt, LPC-S, NCC is a Licensed Professional Counselor Supervisor in North Carolina, and a Nationally Certified Counselor. Director of a growing counseling and wellness practice he is also the CEO of Tame Your Practice, a private practice consulting firm. In addition to running a successful practice himself, he helps mental health and other professionals grow their practices, with a focus on efficient and compliant use of technology. Prior to entering the world of mental health care, his career was focused on Information Technology, with experience in software development, project management, and corporate management.
Rob is also column editor of the “Tech Tutor” column of Counseling Today, the magazine of the American Counseling Association.
Roy Huggins, LPC NCC, is a counselor in private practice who also directs Person-Centered Tech. Roy worked as a professional Web developer for 7 years before changing paths, and makes it his mission to grow clinicians’ understanding of the Internet and other electronic communications mediums for the future of our practices and our professions.
Roy is an adjunct instructor at the Portland State University Counseling program where he teaches Ethics, and is a member of the Zur Institute advisory board. He has acted as a subject matter expert on HIPAA, security and clinical use of technology for Counseling licensure boards and both state and national mental health professional organizations. He has co-authored or authored 2 book chapters, and he routinely consults with mental health colleagues on ethical and practical issues surrounding tech in clinical practice. He served for 5 years on the board of the Oregon Mental Health Counselors Association and then the Oregon Counseling Association as the Technology Committee Chair.
He really likes this stuff.
Accuracy, Utility, and Risks Statement: The contents of this program are based primarily on the presenters’ extensive combined experience in consulting for mental health private practices and professional organizations on topics related to technology, regulations, and professional ethics. Statements about applicability are according to presenters’ understanding of the state of the art and legal precedents at the time of presentation. This program discusses strategies for complying with applicable ethics codes and laws. It may not include information on all applicable state laws. Misapplication of the materials, or errors in the materials, could result in non-compliance with applicable laws or ethics codes.
Conflicts of Interest: Mr. Reinhardt sells a book that assists in setting up a private practice for proper records maintenance following incapacitation of the clinician. The book will be promoted during this program.
Commercial Support: None.