This program will provide an overview and discussion of state and federal laws, rules and regulations that govern the practice of a mental health professional. The presentation will discuss Texas confidentiality statutes, the privacy regulations under the federal Health Insurance Privacy and Portability Act (HIPAA) and recent amendments to Texas Family Code, Chapter 107 regarding child custody evaluations in family law cases and how to testify in court. The program will review recent rule updates by the LPC, LMFT, Social Worker and Psychology Boards and discuss changes that may be required to ensure compliance.
There will be specific instruction on responding to requests for mental health records, including requests from clients and subpoenas, and appropriate testimony in court by a treating mental health professional who is subpoenaed to a hearing or deposition. The program will review legal requirements for documenting mental health services and highlight best practices for improving the quality of records.
Finally, this program will review the most common sources for Board complaints against mental health professionals and provid e practical strategies for protecting a professional ‘s license and livelihood.
- Review Texas privacy statutes and recent amendments to the federal HIPAA privacy regulations and understand how these recent amendments impact a mental health practice and what actions are required to remain in compliance with state and federal law.
- Understand recent amendments to the LPC, LMFT, Social Worker and Psychology Board Rules with special emphasis on how the rules apply to real world situations and a highlight of changes that may be needed to ensure that a professional’s mental health practice is in compliance with applicable Board rules.
- Review basic requirements for documentation of mental health services as required by various Board rules and program requirements, and learn specific techniques to improve the quality of mental health records.
- Review amendments to Chapter 107 of the Texas Family Code regarding social studies, and the expected impact of these amendments on mental health professionals who treat children, adults and families involved in Suits Affecting the Parent-Child Relationship (SAPCR) and how these changes affect a mental health practitioner.
- Discuss the appropriate scope of testimony for a mental health professional in a Suit Affecting the Parent-Child Relationship (SAPCR) and common pitfalls in testimony that can result in liability or Board complaint cases.
- Review the areas of a mental health practice that are most likely to lead to Board complaints and what steps can be taken to protect a professional license and avoid the conflicts that often lead to complaints.
- Review the complaint, investigation and disciplinary process for mental health boards in Texas.
Kenda Dalrymple is a Partner in the firm of Carls, McDonald & Dalrymple, L.L.P. in Austin, Texas. She earned her B.A. in Communications from Baylor University and her law degree from Baylor University School of Law. She practices in the areas of administrative and health law, with an emphasis on representing licensed professionals before their licensing boards and advising them on matters related to their practices. She is married to her college sweetheart, Bill Dalrymple, and they live in Cedar Park with their daughter Erin and three poodles.