Law & Ethics Session 1: Testifying & Recordkeeping

LAW & ETHICS PART ONE

“Solving the Subpoena Puzzle: The Art of Testifying" and “Record, Records, Records… Record Keeping, Releasing Records, and BBS Records”

THIS IS PART ONE OF TWO EVENTS. PART TWO WILL BE HELD FRIDAY, JULY 23, 9:00 - 12:30. 

FOR MORE INFORMATION ABOUT PART TWO, PLEASE GO TO THIS LINK

THERE ARE TWO OPTIONS TO SIGN UP FOR. OPTION ONE IS BOTH EVENTS. OPTION TWO IS THIS EVENT ONLY. 

PLEASE MAKE SURE TO CHOOSE WHICH TRAINING PREFERENCE YOU WOULD LIKE. 

Solving the Subpoena Puzzle: The Art of Testifying

SYLLABUS

1.5 CEs

June 25, 2021

9:00 am – 10:30 pm

1.5 CEs

Presenter Information

Kristin W. Roscoe, Esq.

CAMFT Staff Attorney

General Information/Description

Level of Learning: Introductory

This presentation is intended to provide an overview of subpoenas seeking your testimony and the ins and outs of actually testifying. In this 1 1/2 hour presentation, CAMFT Staff Attorney Kristin Roscoe will help you master subpoenas for testimony by reviewing their purpose, how to figure out what is asked of you, what the psychotherapist-patient privilege is, and what it looks like to actually be called to testify.

Educational Goals

Participants will gain a greater understanding of a subpoena, what its purpose is, and best practices to follow when served with a subpoena for testimony.

Measurable Learning Objectives

Participants will be able to identify the elements of a subpoena commanding appearance at a deposition and/or hearing. Participants will be able to analyze a subpoena to determine who issued the subpoena, which patient the subpoena pertains to, what is requested, and steps to take when testifying. Participants will be able to identify the three possible holders of the psychotherapist-patient privilege and the circumstances under which a therapist may not assert the privilege.

Outline

1. Subpoenas

a. Attorney’s Toolbox

b. Purpose of a subpoena ad testificandum

c. Why one might be called to testify

2. Service of a Deposition Subpoena

a. What it looks like

3. The subpoena itself

a. Who issued it

b. Who is involved

c. What are you to do

d. What is being asked for

e. Do you have what they’re looking for

f. Are you authorized to do what you’re asked to do

g. Are you getting paid

4. Psychotherapist-Patient Privilege

a. What is it

b. Who holds it

c. When does it not attach to your work

d. What to do with it

5. The Deposition

a. What to Expect

b. How to Prepare

c. The Deposition Itself

6. Service of a Subpoena for Appearance at Hearing or Trial

a. What service looks like

7. Breaking down a Subpoena for Appearance at Hearing or Trial

a. Who issued it

b. Who is involved

c. What are you to do

d. What is being asked for

e. Do you have what they’re looking for

f. Are you authorized to do what you’re asked to do

g. Are you getting paid

8. The Hearing or Trial

a. What to Expect

b. How to Prepare

c. The Hearing/Trial Itself

9. Ethical Considerations

a. Provide truthful testimony

b. Remain impartial

c. Express professional opinions

d. Professional communications

Record, Records, Records… Record Keeping, Releasing Records, and BBS Records

SYLLABUS

1.5 CEs

June 25, 2021

10:45 am – 12:15 pm

Presenter Information

Luke M. Martin, MBA, Esq.

CAMFT Staff Attorney

General information/Description

Level of Learning: Intermediate

Not only is maintaining records a legal and ethical requirement or contractually required by managed care organizations, keeping records can benefit both the client and the therapist. Records keep track of the client’s treatment and progress, can help with care coordination, and may protect the therapist in potential legal, administrative or ethics proceedings. This presentation will review both California and HIPAA requirements on record keeping and answer essential questions such as what should be included in the record, how do I secure the record, how long do the records need to be kept, and who owns what in the event of a dispute.

Educational Goals:

Participants will learn anything and everything about treatment records including what is considered a record, what is included in a record, how the record must be stored, how long the record must be kept for, how the record may be disseminated to third parties, and who actually owns the record.

Measurable Learning Objectives:

Participants will be able to:

1. Identify the three most common ways a record request can be handled
2. Explain how the local, state, and federal requirements differ on maintaining the security of a record
3. Explain how long a record must be kept for child and adult clients
4. Discuss the legal implications of giving out a copy of the record, treatment summary, or withholding the record
5. Recommend the best practices in maintain CEU records, supervision qualifications, and employee records

Outline:

I. Client Record-Keeping

a. Basics in Recordkeeping

b. What is Included in a Record?

c. How Do I Secure a Record?

d. How Long Do I Keep Records?

e. Who Owns the Record?

II. Release of Client Information

a. Basics

b. Give A Copy of the Records

c. Treatment Summary

d. Withholding Records

III. Miscellaneous Records

a. CEU Records

b. Supervision Qualifications

c. Employee Records

Presenter Bios

Kristin W. Roscoe, Esq., CAMFT Staff Attorney, takes CAMFT member phone calls regarding law and ethics issues and contributes articles on those subjects to the Therapist. Before joining CAMFT’s legal team, Kristin represented healthcare professionals in medical malpractice litigation at La Follette, Johnson, DeHaas, Fesler & Ames. Since entering the legal profession, Kristin has worked in various capacities presenting to and advocating on behalf of her clients both in and outside of the courtroom. Kristin received her B.A. from The College of Wooster in 2006 and graduated from The American University Washington College of Law with her J.D. in 2012. 

Luke Matthew Martin, Esq., a member of the State Bar of California since 2011, joined CAMFT as a Staff Attorney in 2019. He holds a Master of Business Administration with honors and a Juris Doctorate Degree specializing in Child, Family and Elder Law with honors. Prior to coming to CAMFT, Luke ran a private practice focusing on civil litigation and represented several businesses with annual revenues in the millions. He has been recognized by the State Bar of California with the Wiley E. Manuel Certificate for Pro Bono Legal Services for his legal assistance in helping victims of domestic violence. In addition to his work at CAMFT, Luke is an adjunct professor for several universities lecturing on political science and business law and sits on University of Arizona’s Faculty Senate.

It is the Refund Policy of Central San Joaquin Valley Chapter of the California Association of Marriage and Family Therapists is as follows: Fees for chapter events are nonrefundable except in the case the event is cancelled or rescheduled. Due to the current pandemic issues facing our country, refunds will be considered by the Continuing Education committee and Board of Directors.

Should you have a grievance, question or concerns regarding this course, the instructor, or any other aspects of our Continuing Education Program, please contact the Continuing Education Program Administrator or Chapter President. Contact information can be found on our website at www.camft-csjvchapter.org. Our Program Administrator will work diligently to rectify your concerns to your satisfactory as quickly as possible.

Facilities in which Central San Joaquin Valley Chapter of the California Association of Marriage and Family Therapists have agreed to utilize are accessible to persons with disabilities. If you have a special need and plan to attend the workshop, please contact Michael Crile, at (559) 931-5618 or michael.crile.lmft@gmail.com. Please allow as much advanced notice as is possible to ensure that we have ample time to meet your required needs.

This individual course meets the qualifications for 3 hours of continuing education credit for LMFTs , LCSWs, LPCCs, and/or LEPs as required by the California Board of Behavioral Sciences. Central San Joaquin Valley Chapter of CAMFT is approved by the California Association of Marriage and Family Therapists to sponsor continuing education for LMFTs, LCSWs, LPCCs, and LEPs. Central San Joaquin Valley Chapter of CAMFT maintains responsibility for this program/course and its content. (CEP #62276)