- Center for Ethical Practice - https://centerforethicalpractice.org -

Maintaining Ethical Practices Under Virginia’s Laws

Clinicians in every state must follow both their profession’s Ethical Standards and their state’s laws.  How well do Virginia’s laws fit together with your Ethical Standards?  What ethical issues might arise for clinicians under Virginia’s specific combination of laws?

OUTLINE

  I. Relationship Between Ethics Codes & State Laws

 II. Virginia Laws Affecting Clinical Practice

Licensing Board Regulations

Standards of Practice

Grounds for Revocation, Suspension, Probation, Reprimand, Censure

State Agency Regulations

Statutes Affecting Confidentiality/Disclosure of Client Information

Privileged Communications Statutes (Exceptions to Privilege)

Health Records Privacy Statute (re: Non-Disclosure; Exceptions)

Reporting Statutes (Child Abuse; Elderly Abuse; Practitioner Misconduct)

Duty-To-Protect Statute

 Other Statutes Affecting Confidentiality

Statutes Affecting Clinical Relationships

                                    Minors – Right to Obtain Treatment Without Parental Consent ?

                                    Clients – Legal Requirement to Inform Client How to Report Practitioner

                                    Other?

                      Virginia Court Cases

                                    Fairfax Hospital v Patricia Curtis

                                    Schwartz v Schwartz 

III. Ethical Practice Areas Affected by Virginia’s Laws

Informed Consent – Difficulty Explaining Potential Limits of Confidentiality

Confidentiality – Unpredictability About Legally-Imposed Disclosures

Minors – Confusion About Consent v. “Assent” to Treatment and to Disclosure

Custody Cases – Will Judges Respect Schwartz?   Will § 20-124.3:1 be Repealed?

Dual Relationships – Laws Requiring Therapists to Add Court-Related Roles

IV. Integrating Ethical Standards and Laws

Considering the Ethical Implications

Planning the Ethical Response