Michael Flynn – PESI – Texas Mental Health & The Law

Description

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Michael Flynn – PESI – Texas Mental Health & The Law

Speaker: Michael H. Flynn, JD, Ph.D.

Duration: 6 Hours 01 Minutes

Format: Audio and Video

Copyright: Jul 10, 2020

Media Type: Digital Seminar

Description

As a mental health professional, you not only deal with critical clinical matters with your clients – you must also stay up-to-date on seemingly ever-changing laws and procedures. Keeping up-to-date is essential in order to protect your clients and yourself. In this comprehensive recording you will gain an understanding of confidentiality, risk management, recent legislation and trends in mental health law in Texas, guardianship, commitment, practical legal options – and more, that will help you stay on top of issues that arise in everyday clinical situations.

Speaker

Michael H. Flynn, JD, Ph.D.

Michael H. Flynn, J.D., Ph.D., after more than 25 years in independent practice as a clinical psychologist, in 2008 Dr. Flynn became licensed as an attorney, as well. Since the middle 1980’s, in addition to general practice as a psychologist working with adults and couples, Dr. Flynn conducted over a thousand psychological evaluations and provided expert testimony for litigants, defendants, and agencies in matters of disputed custody, criminal defense and competency, personal injury, employment disputes, and testamentary capacity. Seeking to broaden his practice, in 2005 Dr. Flynn attended law school. He became a member of the State Bar of Texas in 2008.

Since becoming a lawyer, Dr. Flynn has ceased providing psychological services and limited his professional activities to the practice of law, assisting mental health professionals across the state of Texas, across a spectrum of legal matters including answering licensing board complaints, responding to subpoenas and depositions, handling business issues, and a variety of legal concerns specific to mental health practice. Dr. Flynn also represents clients in family law matters, and he offers mental health and law seminars throughout the state.

Dr. Flynn received his Bachelor of Science degree in psychology from Middle Tennessee State University in 1970, his Master of science degree and doctorate in clinical psychology from the University of North Texas in 1980, and his Juris Doctorate from Texas Wesleyan Uni-versity School of Law (Now Texas A & M Law School) in 2007. He has taught abnormal psychology, human development, and personality theory at The University of North Texas, Texas Woman’s University, and Holy Family College in Philadelphia, Pennsylvania. Since 2009, he has traveled around Texas and around the country teaching seminars in risk management and mental health law.

Speaker Disclosures: 

Financial: Dr. Michael Flynn maintains a private law practice. He receives a speaking honorarium and recording royalties from PESI, Inc. He has no relevant financial relationships with ineligible organizations.
Non-financial: Dr. MIchael Flynn is a member of the State Bar of Texas, Tarrant County Bar Association, Tarrant County Family Law Bar Association, Texas Psychological Association, and the Fort Worth Area Psychological Association.

Objectives

1. Summarize the legal considerations when opening and maintaining a mental health practice.
2. Explain the potential role of mental health professionals in legal proceedings related to client care.
3. Identify client confidentiality issues and when clinicians are obligated to disclose protected health information.
4. Navigate the legal and ethical issues related to security and privacy in a clinical setting.
5. Determine how to legally and ethically handle situations relating to child abuse and elder abuse.
6. Explain the legal and ethical issues that arise when using distance therapy in a clinical setting.

Outline

Legal and Professional Considerations for Practice Entities

• Opening and operating your practice as a business entity
• Entities and their characteristics
• Using your chosen entity
• Your office forms

• Important distinctions in language
• Provisions that should be in your forms

• Agencies, group practices, and your professional relationships with them
• Other considerations

Legal and Ethical Dilemmas Facing the Mental Health Professional

• Legal proceedings and how the legal system functions
• Negligence versus licensing board actions

• Dealing with a licensing board complaint
• Liability insurance as your best defense
• Protecting your assets

Constitutional Privacy and Your Client’s Privilege

• Protected records: what and how
• Record requests and subpoenas – what to do
• Child abuse, elder abuse and reporting
• Duty to warn

Technology: Mental Health Practice in the Twenty-First Century

• Distance therapy and telehealth
• Security and privacy in your office
• Security and privacy over the internet

Target Audience

• Psychologists
• Social Workers
• Marriage and Family Therapists
• Counselors
• Risk Managers
• Addictions Counselors
• Case Managers
• Nurses

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