About this course

Learning Objectives

• Review relevant legal cases to understand the legal process as it relates to the code of ethics.
• Cite common ethical dilemmas and the link between ethical and legal issues.
• Identify therapeutic interventions that could lead to malpractice claims by a person other than the therapist’s patient.
• Detect inadvertent violations of confidentiality when collecting professional fees or when served with a subpoena.
• Predict potential legal and ethical issues related to dual relationships when a patient is also a colleague.
• Describe risks involved when providing therapy that exceeds a therapist’s licensed areas of practice.

Learning Levels

• Beginner
• Intermediate

Target Audience

Course Instructor(s)

• 

  Catherine Hoort, JD

  Retired Attorney

  Catherine Hoort, J.D., has been a student of RRT for over a year. She is a licensed attorney in Georgia and Michigan with emeritus status in both states and was an adjunct professor of law for over 24 years. Prior to becoming an attorney, she was a social worker for many years with experience in handling protective service cases and as the director of a child development center.

• 

  Alan Bader, PhD

  Psychologist

  Alan Bader, Ph.D., is a psychologist who is licensed in Pennsylvania and in those states that recognize his credentials as a PSYPACT approved provider. He is a long-term member of both the American Psychological Association and the Pennsylvania Psychological Association. He began training in RRT in 2014 and reached the designation of Certified RRT Specialist in 2021. He has hosted several webinars for members of the RRT community.

Disclosure

References

• Hungerford v Jones, 143 N.H. 208, 722 A.2d 478 (New Hampshire Supreme Court, 1998
• Doe v McKay, 183 ILL.2d 272, 700 NE2d 1018 (ILL., 1998) (Illinois)
• Huber v. Vohnoutka, et. al., No. A14-1403, 2015 WL 1514193 (Minn. App. Apr. 6, 2015); A16-1722, July 31, 2017, Minn.Ct. App. July 31, 2017
• Runyon v Smith, 322 NJ Super. 236, 730 A.2d. 881 (App. Div., 1999) affirmed on appeal, 163 N.J. 439, 749 A2d 852 (N.J. 200)
• Anonymous v. Meier Clinics of Maryland, LLC, Maryland case #424358V (2016) (Trial court, no record of appeal, unpublished)
• New Jersey State Board of Psychological Examiners - 2015 disciplinary action by the against Dr. Barry Helfmann, https://www.propublica.org/article/barry-helfmann-psychologist-license-suspension-new-jersey
• Estate of Dana Mobley v Constance Reynolds, November 2007, https://www.insurancejournal.com/news/west/2007/11/19/85123.htm
• Reamer, F. G. (2014). Risk management in social work: Preventing professional malpractice, liability, and disciplinary action. Columbia University Press.
• Ordway, A. M., & Casasnovas, A. F. (2019). A subpoena: The other exception to confidentiality. The Family Journal, 27(4), 352-358.
• Buhari, B. (2013). Therapeutic relationships and professional boundaries: ethical issues in clinical psychology. IFE Psychologia: An International Journal, 21(3), 162-168.
• Appelbaum, P. S. (2021). Malpractice claims in psychiatry: approaches to reducing risk. World Psychiatry, 20(3), 438.
• Borkosky B. G. (2016). “Coping with subpoenas”: No longer consistent with law, ethics, or social policy. Professional Psychology: Research and Practice, 47, 250–251.
• Committee on Legal Issues, American Psychological Association. (2016). Strategies for private practitioners coping with subpoenas or compelled testimony for client/patient records or test data or test materials. Professional Psychology: Research and Practice, 47, 64–72.