BBS Complaints, Dangerous Patients, Medicare and More

Earn (6) CE Credits

During the first two hours of this six-hour workshop, CAMFT Staff Attorney, Sara Jasper will discuss what to expect when facing a BBS complaint; common complaints and recommendations of preventative actions; what happens when the BBS receives a complaint; and recommendations on how a therapist may respond.

During the third-hour of the presentation, Ms. Jasper will discuss key issues involved when working with dangerous patients, including relevant standards of care, the “duty to protect” (based upon Tarasoff v. Regent of Univ. of California and Civil Code §43.92, “patient communication” (based upon Ewing v. Goldstein and Ewing v. Northridge Hospital Center) and the “duty to report” (based upon Welfare & Institutions Code §§ 8100(b)(1) and (8105(c)), and relevant exceptions to confidentiality.

For the purpose of creating clarity around, and establishing reasonable expectations for, the therapeutic relationship, Ms. Jasper will spend the fourth hour describing the disclosure statements required by legal and ethical standards as well as key information to gather at the outset of treatment. Advertising can be a key component of marketing psychotherapy services.

During the fifth hour of the presentation, Ms. Jasper will review CAMFT’s ethical standard regarding solicitation of testimonials, explore the ethics of joint advertising and the use of social media as an advertising tool.

In the final hour of the workshop, Ms. Jasper will provide an update on Medicare. Specifically, Ms. Jasper will discuss how LMFTs may address their Medicare eligibility and the issues that may impact those decisions. 

Educational Goal:

Participants will come away from the workshop having knowledge of the BBS complaint process and a firm legal and ethical foundation for handling dangerous patient situations, the informed consent process, and advertising. Licensed participants will also be able to identify important considerations when deciding how to handle their Medicare eligibility.

Learning Objectives:

As a result of this presentation, participants will be able to do the following: 

1. Define who has standing to file a complaint with the BBS.

2. Identify how the BBS Enforcement Analyst may investigate a BBS complaint.

3. Describe a psychotherapist’s options when in receipt of a BBS inquiry without the appropriate authorizations.

4. Describe and discuss the “duty to protect,” as it arises from Tarasoff v. Regents of Univ. of Calif.,Ewing v. Goldstein, Ewing v. Northridge Hospital and section 43.92 of the California Civil Code. 

5. Describe and discuss the “duty to report,” based upon Welfare & Institutions Code, sections 8100(b)(1) and 8105(c).

6. Describe and discuss relevant exceptions to confidentiality and the importance of consultation when working with a patient who communicates a serious danger of violence to another. 

7. Identify the disclosures MFTs are legally and ethically required to provide to patients. 

8. Identify fundamental questions to ask when establishing therapeutic relationships. 

9. Explain the CAMFT Code of Ethics’ provision regarding solicitation of testimonials.

10. Describe legal and ethical concerns that are relevant to the solicitation of testimonials.

11. Describe legal and ethical concerns that are relevant to the use of joint advertisements.

12. Describe legal and ethical concerns that are relevant to the use of social media as a form of marketing/advertisement.

13. Discuss the actions LMFTs can take to address their Medicare eligibility. 

14. Describe the impact a decision to opt-out of the Medicare system may have on their patient, employment, and contract relationships.

Lunch will be catered and provided.

CAMFT Staff Attorney, Sara Jasper (she)

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. As a CAMFT staff attorney, Brad 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.

This presentation will be in person only. No recording available.