Sequence II - Legal and Ethical Risks and Risk Management in Professional Psychological Practice: Risk Management in Specific High Risk Areas

For the last ten years, there has been a major increase in the number of lawsuits, licensing board complaints, and ethics committee complaints against clinical psychologists. As managed care continues to dominate third party reimbursement in both the private and public sectors, any adverse disciplinary event can make it difficult, if not impossible to meet credentialing requirements. The changes in the economic system have led to changes in therapeutic approaches and business organizations that, in turn, have increased the complexity of the legal and regulatory environment. In these difficult times, a risk management strategy is an essential element of professional practice.

After providing a basic introduction to identifying legal and ethical risks involved in working with high risk patients and situations, this workshop will focus on four specialized areas of practice: working with couples and families, working with potentially suicidal clients, professional consultation and supervision, and dealing with subpoenas and court testimony.

The primary workshop goal is to allow practitioners to identify potential legal and ethical problems in these areas so that risks of lawsuits and disciplinary complaints can be minimized. Dr. Harris will suggest strategies, which will make it more likely that a psychologist will prevail if she/he is unfortunate enough to be the target of these sometimes unavoidable events. The program will describe how and when practitioners can utilize the Trust Advocate 800 Risk Management Consultation Service as part of their own risk management strategies.

The workshop is primarily directed to psychologists in private practice but it applicable to all sites where health services are provided.

Instructor: Eric A. Harris, Ed.D., J.D.

[Note] This webinar was filmed in 2008 and may not reflect the most current information and laws regarding this topic.

Learning Objectives

• Explain The Trust risk management philosophy including strategies for identifying high risk situations and managing professional practice risks.
• Describe managing potential conflicts in conjoint treatment with couples and families, with particular emphasis on the special risks associated with divorce.
• Apply essential risk management strategies for identifying and managing outpatient suicide risk.
• Discuss ethical and risk management issues in supervision and consultation.
• Manage subpoenas and testimony in an ethical risk managed manner.

Important Notice

Because this webinar is on-demand, once you are registered and have created a login account, you can view the webinar at any time in whatever time increments are most convenient. In order to download your CE certificate, receive CE credits, and become eligible for a discount on your Trust Sponsored Professional Liability Insurance policy premium, you must:

• Complete the entire webinar,
• Pass a brief exam, and,
• Complete a brief evaluation form.

You are required to achieve a passing score of 75 percent or higher. You are allowed three attempts to successfully complete the exam. If you are unsuccessful on the third attempt, you must re-purchase the course to try again.

Eligibility for Insurance Premium Discounts

• Completing one of The Trust’s Ethics and Risk Management Webinar Sequences earns 6 CE credits and eligibility to receive a 15% premium discount on Trust Sponsored Professional Liability Insurance for the next two consecutive renewal periods.
• To obtain CE discounts, download and submit CE certification for this webinar (completed within the previous 15 months) with your insurance application/renewal.
• Discounts are not applicable to Researcher/Academician or Student policies.
• Group policies become eligible for CE discounts when at least 50% of individuals insured under the group policy submit CE certification totaling the number of credits needed for a particular percentage discount.
• All applications are individually underwritten and submission of CE certification will not guarantee insurance policy issuance or renewal.

Continuing Education Credits

The Trust is approved by the American Psychological Association to sponsor continuing education for psychologists. The Trust maintains responsibility for this program and its content.

The Trust is recognized by the New York State Education Department’s State Board for Psychology as an approved provider of continuing education for licensed psychologists #PSY-0019.

Continuing Education Grievance Policy

The Trust is fully committed to conducting all activities in strict conformance with the American Psychological Association's Ethical Principles of Psychologists. The Trust will comply with all legal and ethical guidelines for non-discrimination in promotional activities, program content and in the treatment of CE participants. The Trust CE Director is responsible for complying with these standards.

While the Trust strives to assure fair treatment for all participants and to anticipate problems before they occur, occasionally grievances may be filed. In cases where a participant files a written or oral grievance, the following actions are taken:

• If the grievance concerns the content of the workshop, webinar, book or the continuing education test, a Trust representative will mediate and will be the final arbitrator. If the participant requests action, the CE Director or a Trust representative will either provide a credit for a subsequent CE offering or provide a partial or full refund of the CE fee already paid.
• Actions involving a credit or a refund will require a written note documenting the grievance for record-keeping purposes. The aggrieved individual need not sign the note. If the grievance specifically concerns The Trust, the CE Director or Trust representative will attempt to arbitrate.

Direct correspondence to:

Continuing Education
The Trust
111 Rockville Pike, Suite 700
Rockville, MD 20850
Phone: (800) 477-1200

Email: grievances@trustinsurance.com

NOTE: This information is provided as a risk management resource and is not legal advice or an individualized personal consultation. At the time this resource was prepared, all information was as current and accurate as possible; however, regulations, laws, or prevailing professional practice standards may have changed since the posting or recording of this resource. Accordingly, it is your responsibility to confirm whether regulatory or legal issues that are relevant to you have since been updated and/or to consult with your professional advisors or legal counsel for timely guidance specific to your situation. As with all professional use of material, please explicitly cite The Trust Companies as the source if you reproduce or distribute any portion of these resources. Reproduction or distribution of this resource without the express written permission of The Trust Companies is strictly prohibited.