Law & Ethics Part 1
Solving the Subpoena Puzzle:
The Art of Testifying
with Kristin W. Roscoe, Esq. & Luke M. Martin, MBA, Esq.
THIS IS PART 1 OF A 2-PART LAW AND ETHICS SERIES THAT MEETS THE BBS LICENSE RENEWAL REQUIREMENTS FOR LMFTS. PART 2 WILL TAKE PLACE ON JULY 23, 2021.
ATTENDEES WHO REGISTER FOR THIS EVENT WITH LBSB CAMFT WILL BE ELIGIBLE TO WIN A $100 GIFT CARD!!!
**The raffle will take place separately from the event and the winner will be notified via email**
Solving the Subpoena Puzzle: The Art of Testifying
This presentation is intended to provide an overview of subpoenas seeking your testimony and the ins and outs of actually testifying. In this 1 1/2 hour presentation, CAMFT Staff Attorney Kristin Roscoe will help you master subpoenas for testimony by reviewing their purpose, how to figure out what is asked of you, what the psychotherapist-patient privilege is, and what it looks like to actually be called to testify.
Participants will gain a greater understanding of a subpoena, what its purpose is, and best practices to follow when served with a subpoena for testimony.
Participants will be able to identify the elements of a subpoena commanding appearance at a deposition and/or hearing. Participants will be able to analyze a subpoena to determine who issued the subpoena, which patient the subpoena pertains to, what is requested, and steps to take when testifying. Participants will be able to identify the three possible holders of the psychotherapist-patient privilege and the circumstances under which a therapist may not assert the privilege.
This is a 1 1/2 hour presentation. Not only is maintaining records a legal and ethical requirement or contractually required by managed care organizations, keeping records can benefit both the client and the therapist. Records keep track of the client’s treatment and progress, can help with care coordination, and may protect the therapist in potential legal, administrative or ethics proceedings. This presentation will review both California and HIPAA requirements on record keeping and answer essential questions such as what should be included in the record, how do I secure the record, how long do the records need to be kept, and who owns what in the event of a dispute.
Participants will learn anything and everything about treatment records including what is considered a record, what is included in a record, how the record must be stored, how long the record must be kept for, how the record may be disseminated to third parties, and who actually owns the record.
Participants will be able to:
- Identify the three most common ways a record request can be handled
- Explain how the local, state, and federal requirements differ on maintaining the security of a record
- Explain how long a record must be kept for child and adult clients
- Discuss the legal implications of giving out a copy of the record, treatment summary, or withholding the record
- Recommend the best practices in maintain CEU records, supervision qualifications, and employee records
Biographies:Kristin W. Roscoe, Esq.,CAMFT Staff Attorney, takes CAMFT member phone calls regarding law and ethics issues and contributes articles on those subjects to The Therapist. Before joining CAMFT’s legal team, Kristin represented healthcare systems and professionals in professional negligence litigation at La Follette, Johnson, DeHaas, Fesler & Ames. Since entering the legal profession, Kristin has worked in various capacities presenting to and advocating on behalf of her clients both in and outside of the courtroom. Kristin received her B.A. from The College of Wooster in 2006 and graduated from The American University Washington College of Law with her J.D. in 2012.
Luke Matthew Martin, Esq., a member of the State Bar of California since 2011, joined CAMFT as a Staff Attorney in 2019. He holds a Master of Business Administration with honors and a Juris Doctorate Degree specializing in Child, Family and Elder Law with honors. Prior to coming to CAMFT, Luke ran a private practice focusing on civil litigation and represented several businesses with annual revenues in the millions. He has been recognized by the State Bar of California with the Wiley E. Manuel Certificate for Pro Bono Legal Services for his legal assistance in helping victims of domestic violence. In addition to his work at CAMFT, Luke is an adjunct professor for several universities lecturing on political science and business law and sits on University of Arizona’s Faculty Senate.
Participants Will Receive 3 CEU's Via Email
- 9:00 A.M. Solving the Subpoena Puzzle: The Art of Testifying
- 10:30 A.M. Break
- 10:45 A.M. Recordkeeping
- 12:15 P.M. Presentation Ends
For questions regarding CEU's contact Diane Bagatourian,
Co-VP Programs: firstname.lastname@example.org