Description
Mental health professionals have a legal and ethical obligation to keep records to memorialize their work with their clients. However, what you record, and how it is recorded, can be confusing to navigate. This workshop will explore the legal and ethical requirements of clinical recordkeeping, while highlighting ethical challenges and the realities of busy professionals.
This workshop meets the Maryland Board of Social Work Examiners’ requirements for Ethics CEs.
Instructor
Kathryn Krase, PhD, JD, MSW, principal consultant with Krase Consultant, is an expert on professional ethics and the intersection of ethics and legal responsibilities. She has years of experience consulting with government and community-based organizations to develop policy and practice standards.
Agenda & Learning Objectives
AGENDA:
8:50 am – 9:00 am Log on
9:00 am – 12:15 pm
There will be a 15-minute break.
Introductions (5 minutes)
Revisiting Ethics in Professional Practice (25 minutes)
Professional education introduces future practitioners to relevant Codes of Ethics. This portion of the program will revisit what professionals should already know about ethics, so that we are all on the same page as we explore further. What do we mean by “ethical”?
How is “ethical” related to “legal”? Where do we look in the law and codes of ethics for guidance on record keeping? Introduce case examples.
Protecting Yourself from Ethical & Legal Liability (20 minutes)
This section will outline the framework that professionals can use to prevent ethical conundrums, and protect themselves from legal liability in relation to expectations for clinical record-keeping
Defining Important Terms related to “Records” (45 minutes)
The focus of this discussion will be on what are “records”, and how are they different from other documentation like “notes”.
Distinguishing Ethical & Legal Requirements for Record Keeping (45 minutes)
This section will compare various professional codes and their expectations for record keeping. The language of the codes will be contrasted with the legal requirements in various states.
Exploring the Impact of Electronic Health/Medical Records (20 minutes)
The complications created by the use of electronic records will be highlighted.
Evaluating Case Examples (15 minutes)
Case examples will bring ethical and legal requirements to life for participants.
Conclusions/Questions (5 minutes)
LEARNING OBJECTIVES:
Upon the completion of this workshop, participants will be able to:
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Describe the ethical responsibility of mental and behavioral health professionals to maintain client records.
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Distinguish the ethical responsibility of mental and behavioral health professionals to maintain client records from related legal requirements.
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Explain how to protect client confidentiality through recordkeeping practices.
Bibliography & References
BIBLIOGRAPHY & REFERENCES
American Psychological Association. (2017). Ethical principles of psychologists and code of conduct (2002, amended effective June 1, 2010, and January 1, 2017). https://www.apa.org/ethics/code/
American Counseling Association. (2014). 2014 ACA code of ethics. https://www.counseling.org/docs/default-source/default-document-library/2014-code-of-ethics-finaladdress.pdf
Barsky, A. E. (2017). Social work practice and technology: Ethical issues and policy responses. Journal of Technology in Human Services, 35(1), 8-19.
Isobel Cairns, Monique Jonas & Katharine Wallis (2018) The Ethics of Sharing: How Do Social Workers Decide What to Record in Shared Health Records?, Ethics and Social Welfare, 12:4, 348-369, DOI:10.1080/17496535.2017.1384849
Ennis, L., Rose, D., Callard, F., Denis, M., & Wykes, T. (2011). Rapid progress or lengthy process? electronic personal health records in mental health. BMC psychiatry, 11, 1-9.
Kariotis, T. C., Prictor, M., Chang, S., & Gray, K. (2022). Impact of electronic health records on information practices in mental health contexts: scoping review. Journal of Medical Internet Research, 24(5), e30405.
Lustgarten, S. D., & Elhai, J. D. (2018). Technology use in mental health practice and research: Legal and ethical risks. Clinical Psychology: Science and Practice, 25(2), e12234.National Association of Social Workers. (2020). NASW code of ethics. https://www.socialworkers.org/About/Ethics/Code-of-Ethics/Code-of-Ethics-English
Pozgar, G. D. (2005). Legal and ethical issues for health professionals. Boston: Jones and Bartlett Publishers.
Tracey, P., Garcia, P., & Punzalan, R. (2023). Recordkeeping, logistics, and translation: a study of homeless services systems as infrastructure. Archival Science, 1-27.
Target Audience
Social Workers, LCPCs, and Psychologists
We welcome anyone interested in the topic!
Late Fees and Refunds
The base price is $70, which includes CE credit.
Cancellations: **ALL cancellations will be subjected to a $35.00 administration fee.** To be eligible for a refund or CPE account credit, cancellations must be made at least 24 hours before the workshop.
For more information, please read the general policies on our website.
ADA Accommodations
If you are requesting ADA accommodations, please contact our office via email at least two weeks prior to the workshop date. Requests after that date may not be fulfilled.
Our email address is cpe@ssw.umaryland.edu.
Evaluation
Participants will have access to the evaluation after attendance has been verified. Evaluations will be available for one (1) week after the workshop has ended.
After one (1) week, participants will no longer have access to the evaluation and will have to contact CPE about reactivation.
