Volume 13 No. 2                                                                                                                                June 2004

GRANDFATHERING FOR LMFT/MFT INTERNS

As of June 30, 2004, the grandfathering period for LMFT/MFT Intern will be closed.  To be considered for grandfathering for LMFT or MFT Intern you MUST have your packet post-marked by June 30, 2004.  Packets received after June 30, 2004, will be returned to sender.

CONGRATULATIONS!!!!!!!!

Congratulations to Paul Ceasar, Ed.D., LPC, LMFT, LPC Board Vice Chair. Dr. Ceasar has been appointed as Interim President of Our Lady of Holy Cross College. Previously Dr. Ceasar was the director of the counseling program and taught in the program.  The search for a permanent president will begin this summer and Dr. Ceasar will have the opportunity to apply for that position.

AVOIDING COMPLAINTS AS A CHILD CUSTODY EVALUATOR

A number of Licensed Professional Counselors and Licensed Marriage and Family Therapists in Louisiana conduct child custody evaluations. Licensees are cautioned that complaints of ethical impropriety against those who conduct child custody evaluations are increasing.

In the event licensees are accused of unethical practice when conducting child custody evaluations, they should be able to show that they are familiar with existing standards of practice in this area, and that they follow best practice procedures as outlined in the professional literature.

Listed below are Internet links to standards of practice that have been published by two professional associations, and three books that are available on child custody evaluation. The board has not adopted the standards listed below and does not endorse these books. However, the board does encourage licensees who conduct child custody evaluations to educate themselves regarding best practice in that area and to adhere to guidelines and standards that have been published.

If the board receives a complaint against a licensee alleging that the licensee was biased against one of the parties in conducting a child custody evaluation, currently, the board refers the complainant to the judge who received the child custody report into testimony. However, the board would review and perhaps investigate a complaint against a licensee if the complainant alleged that the licensee did not follow proper procedures in conducting a child custody evaluation.

Professional Standards

American Psychological Association

http://www.apa.org/practice/childcustody.html

Association of Family and Conciliation Courts

http://www.afccnet.org/pdfs/Child_Model_Standards.pdf

Publications

http://www.wiley.com/WileyCDA/WileyTitle/productCd-0471150916.html

http://www.amazon.com/exec/obidos/ASIN/0761919090/ref%3Dpd%5Fsxp%5Felt%5Fl1/103-7653361-6328649

http://www.sagepub.co.uk/book.aspx?pid=101879

HIPAA Basics

Theodore P. Remley, Jr.

LPC Board Member

and Professor and Department Chair

University of New Orleans

Many who are licensed by this board are required to comply with the new HIPAA federal regulations. Listed below are come basic features of those regulations. Licensees are encouraged to read HIPAA materials, attend workshops, and consult with legal counsel to ensure they are in compliance with these federal standards. This board does not advise licensees on HIPAA requirements. The information below is provided for educational purposes and does not constitute the position of the board and is not legal advice.

HIPAA is a federal law that applies to organizations and individuals who transmit any health care information in electronic form in connection with a health care transaction. Since it would be very difficult to have a "paper only" mental health practice, I recommend that all mental health organizations and professionals in private practice comply with the law’s requirements.

the compliance date for the privacy standards was April 14, 2003 and, for small health plans, was April 14, 2004.

All records and other individually identifiable health information held or disclosed by a covered entity in any form, whether communicated electronically, on paper, or orally, are covered.

Providers must give consumers of health care services a clear written explanation of how they can use, keep, and disclose their health care information.

Consumers must have access to their records. They must be able to see and get copies of their records. A process must be in place for consumers to request amendments to their records. A history of most disclosures must be available to consumers.

Consumer consent, that is not coerced, must be obtained to release information for treatment, payment, and health care operations purposes, and for non-routine uses and most non-health care purposes, such as releasing information to financial institutions determining mortgages and other loans or selling mailing lists to interested parties such as life insurers.

Disclosures of medical information with specific consumer authorization are allowed under certain circumstances including, but not limited to quality assurance oversight activities, research, judicial and administrative hearings, limited law enforcement activities, emergency circumstances, and facility patient directories.

If consumers are given a right to orally object, providers may give health care information to the public in the form of facility directories, to family members or others assisting in the consumer’s care, and to disaster relief organizations.

When consumer permission to transfer information is given, only the minimum amount of information may be transferred. This provision does not apply to the transfer of health records for purposes of treatment, since providers need access to the full record to provide the best quality care.

Psychotherapy notes (used only by a psychotherapist) are held to a higher standard of protection because they are not part of the medical record and were never intended to be shared with anyone else. Disclosure of psychotherapy notes requires more than just generalized consent; it requires patient authorization – or specific permission – to release this sensitive information. Now health plans cannot refuse to provide reimbursement if a consumer does not agree to release information covered under the psychotherapy notes provision.

Providers of mental health care services must adopt written privacy procedures that include who has access to protected information, how it will be used with the entity, and when the information would or would not be disclosed to others. They must also take steps to ensure that their business associates protect the privacy of health information.

Providers must train employees regarding procedures and must designate a privacy officer.

Providers must establish a means for consumers to make inquiries or complaints regarding the privacy of their records.

Civil penalties for violations of this law are $100 per incident, up to $25,000 per person, per year, per standard.

Criminal penalties for providers who knowingly and improperly disclose information or obtain information under false pretenses are up to $50,000 and one year in prison for obtaining or disclosing protected health information; up to $100,000 and up to five years in prison for obtaining protected health information under false pretenses; and up to $250,000 and up to 10 years in prison for obtaining or disclosing protected health information with the intent to sell, transfer, or use it for commercial advantage, personal gain, or malicious harm.

State laws that are more strict about protecting consumer privacy than this federal law must be adhered to if they exist.

To comply with the HIPPA law, here are some areas you need to include on the form your clients sign saying they have been informed about your proposed treatment and agreeing to the treatment and the arrangement with you:

BOARD ACTION