2021 Law and Ethics: CAMFT Attorneys Present

  • April 09, 2021
  • 9:00 AM - 4:30 PM
  • Zoom

Registration

  • If you are not a current EB CAMFT member, please consider joining our organization to enjoy member benefits throughout the year on workshops and events:

    https://www.eastbaytherapist.org/member-application

Join Fellow East Bay CAMFT Members & Guests For:

2021 Law and Ethics: CAMFT Attorneys Present

      

Presented by CAMFT Attorneys

Luke Martin, Esq., Kristin W. Roscoe, Esq., Bradley Muldrow, Esq., Sara Jasper, Esq. 


Date:  April 9, 2021  

Time:  9:00 am to 4:30 pm 

Location:  ZOOM (Link directions will be sent April 8, one day before the webinar)


EB CAMFT Members - $40

Non-Members/Guests - $80

6 CEUs

Registration closed on April 8th at 10:00 p.m.


Overall Course Description:

Join CAMFT Staff Attorneys, Luke Martin, Esq., Kristin W. Roscoe, Esq., Bradley Muldrow, Esq., Sara Jasper, Esq. for four Law and Ethics trainings that impact CAMFT members. 

This 6-hour workshop is provided in four 90-min presentations covering four different legal and & ethical topics (as shown below). 

(Note: East Bay CAMFT will not be offering a recorded version of this workshop, and no partial CEU's will be given)

Overall Schedule for the Day:

9:00 am – 10:30 am

"Where Do I Start? The Basics of Starting a Successful Private Practice"

10:45 am – 12:15 pm

“Solving the Subpoena Puzzle: Much Ado About Records”

1:15 pm – 2:45 pm

"Unraveling Entangling Alliances:  Guidance for Navigating Dual Relationships and Conflicts of Interest"

3:00 pm – 4:30 pm

"The Ethics of Advertising"



Individual Course Details:


9:00 am – 10:30 am

"Where Do I Start? The Basics of Starting a Successful Private Practice"

Instructor:  Luke Martin, Esq.


General information/Description

Level of Learning: Intermediate

Have you ever wondered how to start a private practice? Have you ever wondered if you missed something when you started your private practice? The objective of this presentation is to introduce therapists to the basic steps required to plan, start and run a business. Topics such as creating and naming a private practice, how to hire an employee, and an overview of how to lawfully advertise the business will be reviewed in depth.

Educational Goals:

Participants will learn the basics of how to start and operate a small business; identify the unique legal requirements for opening a therapeutic practice; and define and apply business terminology.

Measurable Learning Objectives:

Participants will be able to:

  1. Identify the three most common forms of business ownership for therapists in California: sole proprietorships, general partnerships, and professional corporations.
  2. Explain the advantages and disadvantages of sole proprietorships, general partnerships, and professional corporations.
  3. Summarize how a professional corporation is formed, who owns it, and who is responsible for its operation.
  4. Discuss the legal requirements involved in hiring an employee for a newly created organization.
  5. Compare and contrast the legal requirements for hiring an employee at the federal, state, and local level.

Outline:

1. Organize Yourself
a. Plan Out Your Business
b. Anticipate Start-Up Costs
c. Figure Out Business Structure
d. EIN, NPI, and Business Bank Account
e. Business License Requirements
f. Insurance
g. Intake Forms, Policies, and Procedures
h. Hiring Staff
i. Advertising
j. Record Keeping
2. Creating a Business Structure
a. Creating a Sole Proprietorship
b. Creating a Partnership
c. Creating a Professional Corporation
3. Naming a Business Structure
a. Naming a Sole Proprietorship
b. Naming a Partnership
c. Creating a Professional Corporation
4. Hiring an Employee
a. Employee Handbook
b. State Laws
c. Federal Laws
d. Insurance
5. Record Keeping
a. Basics of Recording
b. Storage Requirement
c. Ownership

About the Instructor:

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.


10:45 am – 12:15 pm

“Solving the Subpoena Puzzle: Much Ado About Records”

Instructor:  Kristin W. Roscoe, Esq.


General Information/Description

Level of Learning: Introductory

This presentation is intended to provide an overview of subpoenas seeking the production of patient records. In this 1 1/2 hour presentation, CAMFT Staff Attorney Kristin Roscoe will help you master subpoenas by reviewing their purpose, how to interpret the legal mumbo jumbo, what the psychotherapist-patient privilege is, and how to respond to a subpoena.

Educational Goals

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

Measurable Learning Objectives

Participants will be able to:

  1. Identify the elements of a subpoena for the production of patient records
  2. Analyze a subpoena to determine who issued the subpoena, which patient does it pertain to, what is requested, and steps to take in responding
  3. Identify the holder 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 Subpoena Duces Tecum

c. Why one might be served

2. Service of a Subpoena Duces Tecum

a. What it looks like

b. How to prepare

c. How not to prepare

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. To Respond or Not to Respond

a. Object to all

b. Object to some

c. Produce

6. What happens next?

a. Preview of upcoming testimony L&E presentation


About the Instructor:

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 systems and professionals in professional negligence 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.


1:15 pm – 2:45 pm

"Unraveling Entangling Alliances:  Guidance for Navigating Dual Relationships and Conflicts of Interest"

Instructor: Bradley Muldrow, Esq.


General Information/Description

Dual relationships and conflicts of interest are among the most complex and complicated ethical issues therapists encounter in practice. This workshop will provide therapists with the information they need to recognize and appropriately respond to these ethical challenges.

Educational Goals

Participants will learn how to recognize and appropriately respond to dual / multiple relationships and conflicts of interest. Participants will understand the potential dangers that dual / multiple relationships and conflicts of interest pose to therapeutic relationships as well as the circumstances under which it may be appropriate to continue treatment despite dual / multiple relationships and conflicts of interest.

Measurable Learning Objectives

  1. Participants will be able to name three key ethical issues to assess when determining: 1) whether they are involved in dual / multiple relationships or conflicts of interest; and 2) the appropriateness of continuing treatment despite the presence of dual / multiple relationships or conflicts of interest.
  2. Participants will be able to recognize critical ethical rules and BBS regulations governing dual / multiple relationships and conflicts of interest.
  3. Participants will be able to identify important ways that consultation group participation can assist them in navigating issues related to dual / multiple relationships and conflicts of interest

Outline

I. Dual/Multiple Relationships

a. Looming Threats: What Makes Dual/Multiple Relationships So Potentially Harmful?

b. Recognizing Dual/Multiple Relationships

c. Responding to Dual/Multiple Relationships

d. Sexual Relationships and Contact with Patients

e. Non-Professional (Non-Sexual) Relationships with Former Patients

f. Non-Therapist Roles

g. Dual/Multiple Relationship Rules for Supervisors and Educators

II. Conflicts of Interest

III. The Benefits of Consultation

About the Instructor:

As a CAMFT staff attorney, Bradley J. Muldrow, Esq. takes member phone calls regarding law and ethics issues and contributes articles on those subjects to CAMFT's publication, the Therapist. Prior to joining CAMFT’s legal team, Brad worked on litigation and regulatory matters as an attorney for San Diego Gas & Electric Company. Since becoming an attorney, Brad has given law and ethics presentations to attorneys and judges as a member of the J. Clifford Wallace Inn of Court. He has also served as a board member for the Earl B. Gilliam Bar Foundation, a San Diego-based nonprofit.


3:00 pm – 4:30 pm

"The Ethics of Advertising"

Instructor: Sara Jasper, Esq


General Information/Description

Advertising is a key component of marketing psychotherapy services. During her 90-minute presentation, CAMFT Staff Attorney Sara Jasper will review the changes to CAMFT’s ethical standard regarding solicitation of testimonials. Ms. Jasper will also explore the ethics of joint advertising and the use of social media as an advertising tool.

Educational Goals

Participants will gain a better understanding of the ethical standards, as well as some of the legal standards, related to advertising, the use of solicited testimonials and social media. As a result of the workshop, participants will be better equipped to ethically advertise psychotherapy services and promote their businesses.

Measurable Learning Objectives

Upon completion of the workshop, participants will be able to:

  1. Identify the revisions to the CAMFT Code of Ethics provision regarding solicitation of testimonials
  2. Describe the rationale for the changes to CAMFT Code of Ethics provision regarding solicitation of testimonials
  3. Describe legal and ethical and concerns that are relevant to the solicitation of testimonials
  4. Describe legal and ethical concerns that are relevant to the use of joint advertisements
  5. Describe legal and ethical concerns that are relevant to the use of social media as a form of marketing/advertisement

Outline

1) 3:00 to 3:10 – Introduction to the topic

a. Brief discussion of ethical decision-making

b. Brief discussion of MFTs’ responsibility to their clients/patients

2) 3:10 to 3:35 – Legal and ethical considerations regarding the solicitation of testimonials

a. Revision to the CAMFT Code of Ethics

b. Solicitation of testimonials – What does it mean to solicit a testimonial?

c. Changes to CAMFT Code of Ethics Section 13.6 re: solicitation of testimonials

i. Companion Code of Ethics Sections 4.7 (Exploitation) and 5.10 (Harassment and or Exploitation)

d. Reasons for the changes to the provision re: solicitation of testimonials

e. Reminders regarding the legal and ethical duty of confidentiality and the need to receive written authorizations to release for testimonials

i. CAMFT Code of Ethics Sections 2 (Confidentiality), 2.1 (Disclosure of Confidentiality) , 2.2 (Signed Authorizations – Release of Information) and 2.5 (Use of Clinical Materials – Confidentiality)

3) 3:35 to 3:55 - Legal and ethical considerations regarding the use of joint advertisements

a. Definition of joint advertising

b. Issues that may arise with joint advertisements

i. If not done accurately, joint advertisements could be challenged as being false, fraudulent, misleading or deceptive.

1. CAMFT Code of Ethics Sections 13 (Advertising), 13.2 (Assuring Accuracy), 13.3 (Fictitious/Other Names), 13.4 (False, Misleading, or Deceptive Advertising), 13.5 (Corrections) 9.1 (Accountability to the Standards of the Profession)

ii. Joint advertisements may increase a psychotherapist’s liability because it creates the possibility of being named as a defendant in a lawsuit.

iii. The distribution of referrals generated by joint advertising may constitute paying, accepting, or soliciting fees for the referral of clients/patients.

4) 3:55 to 4:20 – Legal and ethical considerations regarding the use of social media as a form of marketing/advertisement.

a. Definition of social media

b. Personal vs. professional profile – psychotherapists who use social media as a form of marketing/advertisement must remember the purpose of their professional social media presence, wear their professional hats, set appropriate boundaries and present themselves and their businesses accurately and truthfully

c. Information included on social media sites

i. CAMFT Code of Ethics Sections 3.7 (Therapist Professional Background), 13 (Advertising) 13.2 (Assuring Accuracy), 13.3 (Fictitious/Other Names), 13.4 (False, Misleading or Deceptive Advertising), 13.5 (Corrections), 13.6 (Solicitation of Testimonials), 4 (Dual/Multiple Relationships), 4.1 (Dual/Multiple Relationships),

4.7 (Exploitation), 5.10 (Harassment or Exploitation), 5.13 (Public Statements) 9.1 (Accountability to the Standards of the Profession)

d. Reminders regarding the duty of confidentiality and the need to receive written authorizations when using testimonials or acknowledging a psychotherapist/client/patient relationship

i. CAMFT Code of Ethics Sections 2 (Confidentiality), 2.1 (Disclosure of Confidentiality) , 2.2 (Signed Authorizations – Release of Information) and 2.5 (Use of Clinical Materials – Confidentiality)

e. Social media policies

5) 4:20 to 4:28 – Q&A

6) 4:28 to 4:30 – Conclusion and Housekeeping reminders

a. Consult with CAMFT

b. Consult with an attorney who is knowledgeable about your legal and ethical standards and the business aspects of being a psychotherapist

About the Instructor:

A member of the State Bar of California since 2008, Sara Jasper, Esq. joined CAMFT as a Staff Attorney in 2011. Before coming to CAMFT, she worked as the Legal Liaison and Administrative Officer for the Sacramento Police Department and as an Associate at Middleton, Young & Minney, LLP where she practiced education and employment law. During law school, Sara clerked for the California Judicial Council, Center for Children, Families and the Courts and for the National Center for Youth Law. Since joining CAMFT, Sara has become a Certified Association Executive and earned her certificate in Nonprofit Organization Management.


**IMPORTANT REFUND/CANCELLATION POLICY**  You may cancel for a 50% refund between 5 and 15 days in advance of the event. No refunds for cancellations within 5 days of the event or for no-shows or failure to attend due to emergencies.  Unused funds cannot be applied to future events. NO EXCEPTIONS!  If the event is cancelled for any reason, you will receive a full refund.  

**By registering for the event you agree to the terms of the Cancellation/Refund Policy**

For general information, special needs, ADA accommodations, or grievances: Please contact Sandy at admin@ebcamft.org.  You will receive a response within 24-48 hours.  Note: Deadline for requesting ADA accommodations is two weeks prior to the workshop so that we may have time to properly accommodate you.

CEU's

  • Course meets the qualifications for 6 hours of continuing education credit for LMFTs, LCSWs, LPCCs and/or LEPs as required by the California Board of Behavioral Sciences.
  • East Bay Chapter of CAMFT is approved by the California Association of Marriage and Family Therapists (Provider #52488) to sponsor continuing education for LMFTs, LCSWs, LPCCs, and LEPs.  East Bay Chapter of CAMFT maintains responsibility for this program/course and its content.

Please note: Certificates of Completion will be awarded at the completion of the workshop to those who attend the workshop in its entirety, sign in and out, complete the course evaluation form, and pass the online test with 70% or higher by April 24, 2021



 

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