Center for Ethical Practice

Continuing Education & Ethical Resources For Mental Health Professionals

Continuing Education & Resources
for Mental Health Professionals

  • HOME
  • Continuing Education (CE)—
  • WORKSHOPS
    • Upcoming Workshops
    • Registration
    • Locations & Directions
    • CE Requirements
    • Workshops Archive
    • Workshop Policies
  • ON-SITE TRAINING
  • ONLINE COURSES
  • HOME STUDY
  • Additional Services—
  • Consultation
  • Publications
    • Articles
    • Models
    • Manuals
    • Books
  • Resources / Library
  • CONTACT US

Court Cases: Are You Clear About Your Role?

April 10, 2015 by center

Ethical & Legal Implications of Role Confusion in Court-Related Cases

Regardless of practice setting or specialty, clinicians are often involved in court cases — consulting with a client’s attorney, providing records, responding to requests from a GAL, attending a deposition or providing courtroom testimony, etc. This can be voluntary (at the patient’s request) or “involuntary” (if the court orders you to comply with a subpoena). We will use Dr. Fisher’s new article to discuss why different court-related roles create differential ethical obligations. This workshop should be useful whether you are already “forensically savvy” or are still “forensically uninformed.”

OUTLINE

 I. Possible Roles of Mental Health Professionals in Court-Related Cases

A. Voluntary Roles

Forensic Specialist
Therapist Providing Records or Testimony Voluntarily and With Patient’s Consent
Therapist Providing Court-Ordered Intervention Services

B. “Involuntary” Roles

Therapist Court Ordered to Provide Testimony Against Patient’s Wishes
Non-forensic Evaluator Ordered to Provide Testimony Against Patient’s Wishes

C. “Hybrid” Roles Deliberately Combining Clinical Work and Court Involvement

 II. Ethical Standards, Guidelines, & Professional Advice about Court-Related Roles

A.  Ethical Standards Relevant to Court Cases
B.  Guidelines for Forensic Specialists

C.  Differential Ethical Responsibilities Across Various Court-Related Roles
D.  Recommendations about Responding to Subpoenas vs. Court Orders
E.  Professional Observations About Preparedness for Court-Related Roles

 III. Legal Information 

A.  Selected Virginia Statutes

Privilege Statutes
— 8.01-399 (Psychiatrists and Clinical Psychologists)
— 8.01-400.2 (Other Mental Health Professionals)
Health Records Privacy Statute
— 32.1-127.1:03
Copies of Records
— 8.01-413 (Released to Others as Potential Evidence)
— 32.1-127.1:03 (Released to Client)
Testimony
— 8.01-401.1 (Fact Witness vs. Expert Opinion)

B.  Selected Federal Statutes & Regulations

42 U.S.C. § 290dd-2;
42CFR, Part 2

C.  Court Decisions

Virginia Supreme Court — Fairfax Hospital vs. Patricia Curtis
U.S. Supreme Court — Jaffee vs. Redmond

IV.  Responding Ethically to Legal Demands

A.  Responding to “Informal” Legal Demands (§ 8.01-399)
B. 
Responding to Subpoenas & Court Orders (§32.1-127.1:03 ¶H)
C. 
Responding to Record Requests in Multi-Client Cases
D. 
Providing Deposition or Courtroom Testimony

 V.  Implications of Role Conflicts, Role Confusion, & Dual Roles

A.  Ethical Implications
B. 
Legal and Risk-Management Considerations
C. 
Clinical Implications

 LEARNING GOALS:

  1. List some roles played by mental health professionals in court cases & describe their ethical responsibilities.
  2. Name some Virginia laws that can affect your participation in court cases and describe their ethical implications.
  3. Regarding testimony in court cases, describe the difference between a “fact witness” and an “expert witness.”

Filed Under: Workshop Archives

Print This Page Print This Page


View CART or Check Out

Upcoming CE Workshops

  • Ethical Consequences of Role Confusion in Court-Related Cases
    • Monday, April 26, 2021
    • Zoom Interactive Webinar
  • Deliberate Dual Relationships: Anticipating the Possibility of Harm
    • Saturday, May 1, 2021
    • Zoom Interactive Webinar
  • Moving, Retiring, or Closing a Practice: Ethical and Practical Issues
    • Monday, May 17, 2021
    • Zoom Interactive Webinar
  • Professional Ethics: Therapist Self-Care During COVID-19
    • Saturday, May 22, 2021
    • Zoom Interactive Webinar
  • Electronic Technology & Telehealth: Potential Ethical Issues
    • Monday, May 24, 2021
    • Zoom Interactive Webinar

CE Workshop Locations

  • Zoom Interactive Webinar

CE Courses Are Approved By:

continuing education for American Psychological Association The Center for Ethical Practice is approved by the American Psychological Association (APA) to sponsor continuing education for psychologists. The Center maintains responsibility for this program and its content.


continuing education for National Board for Certified Counselors (NBCC) The Center for Ethical Practice has been approved by National Board for Certified Counselors (NBCC) as an Approved Continuing Education Provider (ACEP No. 6768). The Center is solely responsible for all aspects of the programs. Programs that do not qualify for NBCC credit are clearly identified.


continuing education Association of Social Work BoardsThe Center for Ethical Practice (provider #1287), is approved to offer social work continuing education by the Association of Social Work Boards (ASWB) Approved Continuing Education (ACE) program. Organizations, not individual courses, are approved as ACE providers. State and provincial regulatory boards have the final authority to determine whether an individual course may be accepted for continuing education credit. The Center for Ethical Practice maintains responsibility for this course. ACE provider approval period: 3/21/2021-3/21/2024.

Quick Links

  • ETHICAL & LEGAL RESOURCES
  • WORKSHOP ARCHIVES
  • REGISTRATION INFORMATION
  • WORKSHOP POLICIES
  • ONLINE COURSES
  • CE REQUIREMENTS
  • CONTACT US

Sign Up for Our Mailing List

Subscribe

PRIVACY POLICY

Copyright Center for Ethical Practice, 977 Seminole Trail, #312, Charlottesville, Virginia 22901
Tel: 434-971-1841 • E-Mail: Office@CenterForEthicalPractice.org