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# CPH Insurance

Individual and business liability insurance built around you.

## Sitemaps

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## Posts

- [Blog](https://cphins.com/blog/) - CPH & Associates is dedicated to providing policyholders with important information related to mental health, health and wellness professionals.
- [Immunity from Liability](https://cphins.com/immunity-from-liability-5/) - Mental health practitioners are of course concerned about avoiding liability. This is usually accomplished by acting in a competent and reasonable manner and avoiding negligence – that is, avoiding actions or omissions that are below the standard of care of the ordinarily prudent practitioner of the same licensure under the same or similar circumstances.
- [Family Law](https://cphins.com/family-law/) - One of the most important things for practitioners to know about family law involves the issue of child custody. More specifically, it is important to know the difference between physical custody and legal custody (or terms of similar import), since this will generally determine which parent has the legal authority to consent to the treatment of a child or access a child’s treatment records, which parent is authorized to make the decisions regarding the health, education, and welfare of the child, or whether the consent of both parents will be required in order to commence treatment.
- [Were the CNAs ordinarily negligent or professionally negligent when they transferred a patient who fell when they used a Hoyer lift?](https://cphins.com/were-the-cnas-ordinarily-negligent-or-professionally-negligent-when-they-transferred-a-patient-who-fell-when-they-used-a-hoyer-lift/) - Avoiding Liability Bulletin - July 2026 Everyone is required to conduct themselves in a non-negligent manner. In everyday life, if one allegedly injures someone in a car accident or in some other way, a lawsuit alleging “ordinary” or “common-law” negligence may be filed. The elements of “ordinary” or “common-law” negligence are: 1) a duty exists
- [Spousal Abuse and Confidentiality](https://cphins.com/spousal-abuse-and-confidentiality/) - Avoiding Liability Bulletin - July 2026 NOTE: This article was first published on the CPH website in June 2017. It appears below with minor changes. Mental health practitioners will encounter a variety of situations where they learn of (or reasonably suspect) an act that constitutes, under state law, some form of spousal abuse, such as
- [True or False: Response 3](https://cphins.com/true-or-false-response-3/) - Avoiding Liability Bulletin - June 2026 AVOIDANCE OF LITIGATION (Question 17 in the March 2026 Bulletin) Some practitioners try to avoid seeing clients who are or may be involved with litigation - whether it be a bitter custody battle within a dissolution of marriage case, or a case where the patient is a plaintiff in
- [WHICH PROFESSIONAL WAS RESPONSIBLE FOR THE PATIENT’S PRESSURE WOUNDS?](https://cphins.com/which-professional-was-responsible-for-the-patients-pressure-wounds/) - Avoiding Liability Bulletin - June 2026 Patients often present for care in the ED and hospital setting with pressure wounds. Wound care is a specialized area of nursing practice that requires knowledge not only of what might cause pressure wounds, their assessment and care, but also what nursing care is essential to the overall well-being
- [ETHICS AND LAW IN NURSING-FRIENDS OR FOES? REVISITED DURING NURSES WEEK-2026](https://cphins.com/ethics-and-law-in-nursing-friends-or-foes-revisited-during-nurses-week-2026/) - Avoiding Liability Bulletin - May 2026 This week, May 6 through May 12, is National Nurses Week. Because of this, I decided to do a blog that is different from the ones I usually do that focus on legal liability cases. Instead, I would like to share some thoughts with all nurses in whatever role
- [True or False: Response 2](https://cphins.com/true-or-false-response-2/) - Avoiding Liability Bulletin - May 2026 NOTE: In the March 2026 issue of this Bulletin, I asked twenty-five questions regarding various areas of ‎practice (and the law) that may be encountered by practitioners during the course of their careers. While ‎the discussions below cannot address the law in every state and are primarily based upon
- [Nurses Do The Caring But Are They Cared For?](https://cphins.com/nurses-do-the-caring-but-are-they-cared-for/) - Nurses have the need for care just as any other healthcare professional. At CPH Insurance we take pride in providing optimum care for the future of nurses, by providing professional liability insurance to protect your career from future liabilities. Say you have administered the wrong dosage of medication – or you were negligent in noticing the signs that someone could be having a reaction to medication. Or perhaps you failed to provide care at a crucial time during the patient’s visit. All of these things could result in a malpractice suit against you and if you’re not covered by professional liability insurance, you could lose more than your employment.
- [Nursing Students Need Professional Liability Insurance, Too](https://cphins.com/nursing-students-need-professional-liability-insurance-too/) - Deciding that you want to pursue a career in nursing is both challenging and exciting. As you make your way through nursing school, your professors and instructors will help prepare you for your career. Between the exams and clinicals, there’s a lot to keep up with. Nobody ever said nursing school is easy, and as a student you should be able to focus on the learning process without the added stress of a potential malpractice lawsuit. No matter how careful you may be, mistakes happen. In the medical field, these mistakes can be costly. Professional liability insurance for nursing students removes this burden of liability.
- [3 Reasons Nurses Need an Individual Professional Liability Policy](https://cphins.com/3-reasons-nurses-need-an-individual-professional-liability-policy/) - If you’re a nurse, you may find yourself asking, “Do I really need nurses professional liability insurance?” The answer is simple: Yes. Just like doctors, mental health counselors, and other allied health providers, nurses run the risk of potential litigation every time they go to work. Because of this, CPH Insurance offers nurse malpractice insurance for registered nurses LPN/LVNs, and nurse aides through cphins.com and for a variety of other nurse occupations through nurseins.com. Still not fully convinced?
- [Why Does An Upper Level Student Need Insurance?](https://cphins.com/why-does-an-upper-level-student-need-insurance/) - As a nursing student there comes a time that instead of classrooms and exams you begin using your talents and skills to treat real people. The time when you transform that safe and secure learning environment into a real life practice, with real patients and real problems; and along with real patients comes real risk.
- [The Unique Benefits of CPH Personal Trainer Insurance](https://cphins.com/the-unique-benefits-of-cph-personal-trainer-insurance/) - Having high quality, affordable personal trainer insurance provides peace of mind, financial and legal support in times of need, and a strong foundation on which to build your fitness trainer career. If an incident occurs in your practice, you can count on CPH Insurance to have your back! CPH offers a variety of standard benefits
- [Scam Targeting Therapists: What You Need to Know](https://cphins.com/scam-targeting-therapist-what-you-need-to-know/) - A nationwide scam claims you'll be arrested for failing to appear in court - if you don't pay up. "I did a consultation with an insured who stated that she received a call from police saying there was a warrant out for her arrest for failing to appear as an expert witness," said Todd Atkins, one of CPH Insurance's help line attorneys. The "officer" (who appeared to call from a real police department's phone number) was polite and let the therapist know that she had signed a form promising to appear in court as an expert witness but had failed to do so. The fake officer said she would have to visit the precinct to verify that she signed the form in question. According to Mr. Atkins, "She then called the 'officer' back directly and he encouraged her to just take care of the matter by getting a money order for $750 to pay the fine - that's when she realized it was a scam."
- [Incorporating Therapeutic Materials in Teletherapy Sessions: What's In Your Video Platform?](https://cphins.com/materials-in-teletherapy/) - No matter the discipline, almost every therapist uses therapeutic materials of some sort when working with clients and their families. Tools like flashcards, worksheets, games, toys and other materials are often implemented to address goals. When you’re doing an in-person session, these tools are easy to use. But when it comes to teletherapy sessions, can you still use your favorite worksheet or game? Is it even possible?
- [Insurance Company Records Request](https://cphins.com/insurance-company-records-request/) - It seems that requests by insurance companies or contractors for insurance companies for copies of client records is on the uptick. More providers of mental health services are receiving letters from these entities requested copies of records for one or more identified clients.
- [Federal Regulations and Guidelines for Client Access to Records](https://cphins.com/federal-regulations-and-guidelines-for-client-access-to-records-3/) - The US Department Of Health and Human Services has published guidelines for individuals’ right under HIPAA to access their health information (45 CFR §164.24). The thinking behind the Department’s regulations and guidelines is to provide individuals with easy access to their health information to empower them to be more in control of decisions regarding their health and well-being.
- [Behavior Analysis Insurance](https://cphins.com/behavior-analysis-insurance/) - CPH Insurance is pleased to announce new professional liability insurance for behavior specialists. Occupations now covered include Behavior Consultants, Behavior Specialists, Behavior Technician, Behavior Therapist, Board Certified Assistant Behavior Analyst, and Board Certified Behavior Analyst.
- [5 Exclusions on Professional Liability Insurance Policies](https://cphins.com/5-exclusions-on-professional-liability-insurance-policies/) - Insurance companies over the years have created several types of insurance policies. Some policies cover a broad spectrum of scenarios; others include specific coverage’s and exclude others.
- [Adding on to Your Policy – When to Add an Additional Insured & How to Do It!](https://cphins.com/adding-on-to-your-policy-when-to-add-an-additional-insured-how-to-do-it/) - There are two types of add-ons you can make to tailor your policy to your needs. It’s important to keep your professional liability policy updated, otherwise your practice, staff and even your landlord may not be protected! In this segment of CPH Benefits Blog, we will provide you with your options for add-ons, when they need to be added, and let you know how to make those changes.
- [How Can I Get Quick, Secure Professional Liability Coverage?](https://cphins.com/how-can-i-get-quick-secure-professional-liability-coverage/) - Professional Liability Insurance coverage is an essential for every health professional, and not always easily attained. In our demanding field, time and the right coverage with manageable discounts is very difficult to find.
- [Benefits of Professional Liability Insurance for Mental Health Providers](https://cphins.com/benefits-of-professional-liability-insurance-for-mental-health-providers/) - Going without professional liability insurance would make you into a tightrope walker. Underneath, isn’t the wide mouth of a river, but potential injury to your reputation, as well as your employers’, if something goes amiss in the care you’ve administered as a healthcare professional.
- [Do Interns Need Professional Liability Insurance?](https://cphins.com/do-internsstudents-need-professional-liability-insurance/) - As a student, you are still in training and along the way a mistake or two may happen during the learning process, and it is vital that you protect yourself as these mistakes can often lead to lawsuits.
- [Protecting your Career as an Art or Music Therapist](https://cphins.com/the-unfamiliar-therapy/) - The impact that art therapy is having in the mental health field is tremendous. Art therapists have been able to make great strides with individuals living with Autism, post-traumatic stress disorder, and even victims of abuse. The American Art Therapy Association explains, “Through creating art and reflecting on the art products and processes, people can increase awareness of self and others; cope with symptoms, stress and traumatic experiences; enhance cognitive abilities; and enjoy the life-affirming pleasures of making art.” But as with any mental health providers, there is some risk of liability. As a result, CPH Insurance offers professional liability insurance for art therapists and professional liability insurance for music therapists.
- [Types of Supplemental Insurance Coverage](https://cphins.com/types-of-supplemental-insurance-coverage/) - When considering the purchase of professional liability insurance, think of all of the possible situations that could arise as a result of the work you do. Supplemental insurance coverage provides an additional cushion to help you weather the unexpected events of life.
- [From The Tip of the Nose to the End of the Tail](https://cphins.com/from-the-tip-of-the-nose-to-the-end-of-the-tail/) - Two of the most important times to know the ins and outs of your policy are when initially purchasing coverage and when making a change of employer or insurance carrier. A key question to ask is: Does your professional liability insurance policy provide for claims-made or occurrence-based coverage?
- [Is Your LLC or Business Entity Insured?](https://cphins.com/the-elephant-in-the-room-is-your-llc-insured/) - Starting your own private practice is a significant milestone. It means you’re ready to stand behind a clinic that you’re proud of. For those who boldly go where many W2-employees don’t, setting up and maintaining an LLC can be a lot of work as well.
- [What is Event Insurance and Why is it so Important?](https://cphins.com/what-is-event-insurance-and-why-is-it-so-important/) - Event insurance protects event planners from a variety of mishaps in several specific areas of focus. There is general liability insurance and more specific coverage's protecting against a range of potential problems that could negatively impact an event all the way up to and including cancellation. Here is an overview of some of the ways
- [5 Reasons to have Wedding Liability Insurance](https://cphins.com/5-reasons-to-have-wedding-insurance/) - Don’t put yourself, and your special day, at risk. With wedding coverage so you can have the time of your life, without footing any extra bills.
- [CPH Insurance's Special Event General Liability Insurance 101](https://cphins.com/cph-associates-event-liability-insurance-101/) - When planning a community concert on the lawn, celebrating a milestone birthday, hosting a banquet or conference, I'm sure you're thinking about how to make these events picture perfect and thinking of all the things that are going to go right. Odds are, the last thing on your mind is what could go wrong...
- [Allied Health Liability Insurance: Why It’s Important](https://cphins.com/allied-health-liability-insurance-why-its-important/) - It is an unfortunate reality of every allied health provider’s career: At some point there could be a mistake or critical error that occurs in administering health care and that could cause problems in the form of a lawsuit.
- [Recreational Therapists: Activate Your Professional Liability Policy](https://cphins.com/recreational-therapists-activate-your-professional-liability-policy/) - Recreational therapists work to improve clients’ physical and mental well-being through a variety of services. Sometimes though, in providing this care, the actions of recreational therapists fall short. When this happens, professional liability insurance is the best way to ensure that you are covered in the event of litigation. There are three claims that recreational therapists may encounter after providing services.
- [Reasons Opticians Need Professional Liability Insurance](https://cphins.com/reasons-opticians-need-professional-liability-insurance/) - Opticians, like all other allied health professionals, need professional liability insurance to guarantee the security of their practice. Professional liability insurance for opticians is the best way to protect yourself from the financial costs of allegations of negligence, and it also provides coverage to defend against complaints to a regulatory board that could result in losing your license.
- [Anatomy of a Malpractice Suit](https://cphins.com/anatomy-of-a-malpractice-suit/) - The potential for malpractice among dietitians and other allied healthcare professionals has become a growing concern. Dietitians, in particular, are accepting more responsibility through increased expertise, exposure and responsibility, which tends to make these healthcare professionals more vulnerable.
- [Selling or Recommending Supplements? Know Your Risk](https://cphins.com/selling-or-recommending-supplements-know-your-risk/) - Many clubs, fitness facilities, fitness professionals and personal trainers have added the sale of products to their business plans – including vitamins, nutritional supplements, and sports drinks.
- [Eating Disorders & Dietitians: How to Stay Protected](https://cphins.com/eating-disorders-dietitians-how-to-stay-protected/) - Treating someone with an eating disorder is not easy. The condition is both emotionally and physically complicated and every dietitian should take care when helping patients recover from what could be a deadly problem.
- [Do Waivers Protect You from a Lawsuit?](https://cphins.com/do-waivers-protect-you-from-a-lawsuit/) - Imagine a trainer is conducting a fitness boot camp. The instructor’s client has been doing lunges, squats, high knees and jumping jacks and the exercises are being done flawlessly.
- [Yoga in the Park? Get Insurance that Covers all of Your Outdoor Workout Classes](https://cphins.com/yoga-in-the-park-get-insurance-that-covers-all-of-your-outdoor-workout-classes/) - The enticing weather during the spring easily draws people outside. All fitness buffs and yogis are no exception to that. Because of their clients’ desire to train outdoors, many trainers can find the draw of the breezy weather perfect for training.
- [Liability Insurance Can Save Your Career](https://cphins.com/liability-insurance-can-save-your-career/) - If you knew there was a way to protect your career as a personal trainer, would you do it? Of course!
- [When a Mishap is Not Your Fault, it's Still Your Fault](https://cphins.com/when-a-mishap-is-not-your-fault-its-still-your-fault/) - A guy falls off a treadmill, hits the floor, and starts doing push-ups to impress the gal walking by.
- [Flex Your Smartest Muscle as a WellFit Professional](https://cphins.com/flex-your-smartest-muscle-as-a-wellfit-professional/) - Just like proper stretching and technique are essential in the gym or on the field, you know that as a fitness professional, preparing your fitness based business for any potential pitfalls can mean the difference between keeping on track with professional goals and having to hit the showers early due to a nasty liability lawsuit.
- [Personal Trainer Insurance Coverage Terms Explained](https://cphins.com/personal-trainer-insurance-coverage-terms-explained/) - Fitness Insurance can be daunting, and when you apply for a policy, you might feel overwhelmed by the terms and policy forms. What did you sign up for, anyway?
- [Your Clients' Underlying Medical Issues - How Much Do You Know?](https://cphins.com/your-clients-underlying-medical-issues-how-much-do-you-know/) - When patients come to you, referred for a specific purpose, injury, or ailment, have you ever asked yourself, how much do I really know about this person?
- [A Tale of Two Trainers](https://cphins.com/a-tale-of-two-trainers/) - Trainer A is a gym rat turned part-time personal trainer who takes clients when they come, and rarely takes his business as seriously as he should.
- [Flexible Coverage for Bendy Business Owners](https://cphins.com/flexible-coverage-for-bendy-business-owners/) - Choosing to teach the fundamentals of Yoga is more than just an economic decision. While the principles of this peaceful practice lead down the path to spiritual and financial achievement, instructors are often so focused on aligning their energy that they fail to realize how easily one incident can topple their delicate endeavor.
- [What's Needed to Apply for Fitness Insurance, and How Long Does it Take?](https://cphins.com/whats-needed-to-apply-for-trainer-insurance-and-how-long-does-it-take/) - Trainer insurance is fairly easy to apply for. If you are properly trained as a fitness instructor you can apply for fitness instructor insurance. What does it mean to have “proper training” as a fitness professional?
- [When Your Gym's Insurance Isn't Enough, What Do You Do?](https://cphins.com/when-your-gyms-insurance-isnt-enough-what-do-you-do/) - Fitness instructors are often very vulnerable to lawsuits. Because a fitness instructor’s profession requires that they physically train clients, there is always a possibility for injury.
- [Exercise Your Right to Defend Should a Lawsuit Occur](https://cphins.com/exercise-your-right-to-defend-should-a-lawsuit-occur/) - As a personal trainer, it may seem challenging to get clients to feel motivated to lead a healthy and active lifestyle. Many clients find motivation in taking group classes since it can push them to do their best during a workout. The motivation that comes from being surrounded by fellow classmates at the gym often helps people to work harder. For trainers, this can be a way to get clients out and exercising to motivate each other. This is an opportunity to invite clients to attend a fitness outing.
- [So, How “Covered” Is a Personal Trainer/Instructor?](https://cphins.com/so-how-covered-is-a-personal-trainerinstructor/) - If you work in Wellness and Fitness, chances are, Liability Insurance is not something that is on the forefront of your mind. After all, Liability Insurance is reserved for doctors in case they prescribe the wrong pill or amputate the wrong limb, and lawyers who sleep through a deposition and land their client behind bars, right? Not exactly.
- [True or False: Response 1](https://cphins.com/true-or-false-response-1/) - Avoiding Liability Bulletin - April 2026 NOTE: In the March 2026 issue of this Bulletin, I asked twenty-five questions regarding various areas of practice (and the law) that may be encountered by practitioners during the course of their careers. While the discussions below cannot address the law in every state and are primarily based upon
- [Marketing My Practice Through Social Media – Taking the Risk](https://cphins.com/marketing-my-practice-through-social-media-taking-the-risk/) - Anything goes on social media; the trick is to learn to control yourself. What is acceptable and what is appropriate? Knowing when and if you do cross that boundary how that may affect your professional liability insurance is important.
- [The Right to Diagnose for Texas MFTs](https://cphins.com/the-right-to-diagnose-for-texas-mfts/) - On November 21, 2014 the Texas Court of Appeals, Third District, At Austin in Cause No. 03-13-00077-CV issued its decision in a case brought by the Texas Medical Association (TMA) against the Texas State Board of Examiners of Marriage and Family Therapists (TSBEMFT) and the Texas Association of Marriage and Family Therapists (TAMFT).
- [True or False](https://cphins.com/true-or-false-2/) - Avoiding Liability Bulletin - March 2026 NOTE: This article was first published on the CPH website In October 2019. It appears below with minor changes. The author will discuss each topic in the next 3 months' articles. Something different this month! Answering (true/false/depends!) and pondering the following questions will test your knowledge of some of
- [October's True or False Answers](https://cphins.com/october-true-false-answers/) - Avoiding Liability Bulletin - November 2019 NOTE: In the October 2019 issue of this Bulletin, I asked twenty-five questions regarding various areas of practice (and the law) that may be encountered by practitioners during the course of their careers. While the discussions below cannot address the law in every state and are primarily based upon
- [NURSING STUDENT’S CHALLENGE OF DISMISSAL FROM NURSING PROGRAM UNSUPPORTED](https://cphins.com/nursing-students-challenge-of-dismissal-from-nursing-program-unsupported/) - Avoiding Liability Bulletin - February 2026 In my June 2024 post, I discussed the dismissal of a student from a private university which the court upheld. The case is one of many that generally illustrates a court’s reluctance to overturn nursing faculty decisions of dismissal from a nursing program. Courts defer to faculty decisions because
- [Confidentiality - Seeking Patient Referrals Via Social Media](https://cphins.com/confidentiality-seeking-patient-referrals-via-social-media-2/) - Avoiding Liability Bulletin - February 2026 NOTE: This article was first published on the CPH website in January 2019. It appears below with minor changes. Suppose that a mental health practitioner is active on a popular social media site or other communication sites/networks involving colleagues (other licensed mental health practitioners) and others who are not
- [Scope of License - Questions to Ponder](https://cphins.com/scope-of-license-questions-to-ponder/) - Avoiding Liability Bulletin - January 2026 NOTE: This article was first published on the CPH website in May 2019. It appears below with minor changes. SCOPE OF LICENSE - Questions to Ponder Malpractice (professional liability) insurance does not typically provide coverage for claims or suits arising out of any business or personal activity other than
- [Do I Need General Liability (Slip and Fall) Insurance?](https://cphins.com/gl/) - This is a brief introduction to General Liability insurance and why you may want or need it. CPH Insurance allows you the opportunity to tailor your policy so that it can uniquely meet your mental health practice needs.
- [DID THIS APRN CORRECTLY ACKNOWLEDGE THE PATIENT’S CONDITION WAS OUTSIDE HER SCOPE OF PRACTICE?](https://cphins.com/did-this-aprn-correctly-acknowledge-the-patients-condition-was-outside-her-scope-of-practice/) - Avoiding Liability Bulletin - December 2025 DID THIS APRN CORRECTLY ACKNOWLEDGE THE PATIENT’S CONDITION WAS OUTSIDE HER SCOPE OF PRACTICE? In the case that follows (Bowen v. Cassell-Harris, APRN, No. 2024-CA-1395-MR, Court of Appeals of the Commonwealth of Kentucky, September 5, 2025), an APRN’s scope of practice was one of the critical issues the court
- [Collateral Visits](https://cphins.com/collateral-visits/) - Avoiding Liability Bulletin - December 2025 NOTE: This article was first published on the CPH website in May 2017. It appears below with minor changes. It is important to remember that not everyone a mental health practitioner sees in session will or should be categorized as a patient or client. Sometimes the therapist may think
- [DID THE NURSES’ NEGLIGENCE CAUSE THE PLAINTIFF’S QUADRIPLEGIA?](https://cphins.com/did-the-nurses-negligence-cause-the-plaintiffs-quadriplegia/) - Avoiding Liability Bulletin - November 2025 Facts of the Case The male patient’s car accident resulted in a spinal cord injury. He was taken to a hospital via ambulance for treatment and an odontoid screw was placed to treat his spinal cord injury. The patient was discharged home and was told to return for a
- [Fees - Reminders](https://cphins.com/fees-reminders-2/) - Avoiding Liability Bulletin - November 2025 NOTE: This article was first published on the CPH website in April 2019. It appears below with minor changes. FEES - REMINDERS Mental health practitioners confront a variety of issues dealing with fees over the course of their careers. Some practitioners struggle, especially as they enter the profession or
- [Supervisor Vulnerability](https://cphins.com/supervisor-vulnerability-2/) - Avoiding Liability Bulletin - October 2025 NOTE: This article was first published on the CPH website in January 2019. It appears below with minor changes. The discussion that follows is not intended to dissuade licensees from providing supervision - rather, it is intended to make sure that supervisors are adequately informed and prepared (and compensated
- [Mike Sprengnether, Attorney at Law](https://cphins.com/mike-sprengnether-attorney-at-law/) - Lawyer Limelight Featuring Mike Sprengnether, Attorney at Law CPH Insurance is proud to work with Mike as part of our Attorney Helpline. He advises insureds in several states: Illinois, Iowa, Wisconsin, Michigan, Minnesota, Missouri, Indiana, Kentucky, Ohio, Arkansas, California, Tennessee, Oklahoma, Kansas, Texas, Florida, New York, New Jersey, Colorado, Pennsylvania, and Virginia. Read on to
- [Barbara Zabawa, Attorney at Law](https://cphins.com/barbara-zabawa-attorney-at-law/) - Lawyer Limelight Featuring Barbara Zabawa, Attorney at Law Barbara J. Zabawa has devoted her legal career to health and wellness law. Before obtaining her law degree from the University of Wisconsin Law School, she obtained a Master’s in Public Health degree from the University of Michigan School of Public Health. After participating in two different
- [LPN’S PATIENT CARE AND MEDICATION ADMINISTRATION PROCEDURES RAISE CONCERNS FOR HER AND HER ABILITY TO PRACTICE SAFELY](https://cphins.com/lpns-patient-care-and-medication-administration-procedures-raise-concerns-for-her-and-her-ability-to-practice-safely/) - Avoiding Liability Bulletin - September 2025 Substance Use Disorder in nursing is a clear concern. Estimates of the types of substances used by nurses varies, and can include alcohol or a prescription drug. Regardless of the statistics, a nurse who provides nursing care while under the influence of a substance such as alcohol or a
- [Violation of Ethics Code - Notification of Licensing Board](https://cphins.com/violation-of-ethics-code-notification-of-licensing-board/) - Avoiding Liability Bulletin - September 2025 Note: This article was first published on the CPH website in October 2018. It appears below with minor changes. Most of my articles that appear here explore laws and regulations that affect mental health practitioners. It is important for practitioners to keep in mind that an applicable Code of
- [A Brief Review of Some Duties and Requirements](https://cphins.com/a-brief-review-of-some-duties-and-requirements/) - Avoiding Liability Bulletin - August 2025 NOTE: This article was first published on the CPH website in November 2018. It appears below with minor changes. A BRIEF REVIEW OF SOME DUTIES AND REQUIREMENTS What are the various duties or obligations of a licensed mental health practitioner? Are there both legal duties and ethical duties, and
- [WAS THIS PERIOPERATIVE NURSE EDUCATOR’S FIRING A RETALIATORY ACTION BY HER EMPLOYER?](https://cphins.com/was-this-perioperative-nurse-educators-firing-a-retaliatory-action-by-her-employer/) - Avoiding Liability Bulletin - August 2025 Retaliation by an employer occurs when the employer takes an adverse action against an employee because the employee reports to the employer --or to an outside entity--an employment situation that is inconsistent with legal or ethical duties the employer and fellow employees are required to meet. Retaliation can include
- [Defamation alleged when physician uncouthly questions RN with Doctor of Nursing Practice (DNP) Degree using title “Dr.”](https://cphins.com/defamation-alleged-when-physician-uncouthly-questions-rn-with-dnp-degree/) - Avoiding Liability Bulletin - November 2024 In my blogs, I have mainly discussed cases where an injured patient or a family member sued a nurse due to his or her professional negligence or other causes of that injury by the nurse. You may think that the law is not on your side when you read
- [This Expert Witness Was Not Qualified To Render An Expert Opinion About Pressure Wounds Development](https://cphins.com/this-expert-witness-was-not-qualified-to-render-an-expert-opinion-about-pressure-wounds-development/) - Avoiding Liability Bulletin - December 2024 Expert witness opinions in any case alleging professional negligence by a nurse or other health care provider is essential for the case to be adjudicated, as I described in an earlier post on this blog site. In a recent case (Polimeda v. M.R. of Teaneck, LLC, d/b/a Teaneck Nursing
- [DID THE STATE NURSE PRACTICE ACT REQUIRE A SWORN STATEMENT OF MERIT (AOM) TO BE FILED BEFORE A PROFESSIONAL NEGLIGENCE ACTION AGAINST AN LPN COULD GO FORWARD?](https://cphins.com/did-the-state-nurse-practice-act-require-a-sworn-statement-of-merit-aom-to-be-filed-before-a-professional-negligence-action-against-an-lpn-could-go-forward/) - In the state in which this case was filed, an Affidavit of Merit (AOM), a procedural requirement, was required to be filed with a case against specified health care providers in that state, including nurses. The Affidavit, sworn to by a health care provider of the same profession, attests to the worth of the case
- [NURSE ADMINISTRATOR FAILS TO UPHOLD LEGAL RESPONSIBILITIES AND FACES DISCIPLINARY ACTION BY HER STATE BOARD OF NURSING](https://cphins.com/nurse-administrator-fails-to-uphold-legal-responsibilities-and-faces-disciplinary-action-by-her-state-board-of-nursing/) - As a nurse administrator, whether in the role of a nurse manager, a director of nursing, a chief nurse officer (CNO) or other nurse executive position, you have many legal duties. Based on your specific role, your legal duties include appropriate supervision of nursing staff, delegation of patient care based on accepted standards of practice,
- [SUMMARY SUSPENSION AND REVOCATION OF LPN LICENSE BY BOARD OF NURSING SUPPORTED BY LPN CONDUCT](https://cphins.com/summary-suspension-and-revocation-of-lpn-license-by-board-of-nursing-supported-by-lpn-conduct/) - Avoiding Liability Bulletin - June 2025 A board of nursing is granted many powers surrounding the licensure of RNs and LPNs. One such power is the authority to temporarily but immediately summarily suspend a licensee’s license when the holder poses an immediate threat to the safety, health or welfare of the public. It is seen
- [Child Abuse Reporting - Signed Statement Required?](https://cphins.com/child-abuse-reporting-signed-statement-required-2/) - Avoiding Liability Bulletin - July 2025 NOTE: This article was first published on the CPH website In May 2018. It appears below with minor changes. CHILD ABUSE REPORTING - SIGNED STATEMENT REQUIRED? State law (likely part of the child abuse reporting law) may require persons who enter employment as a "health practitioner" to sign a
- [Potpourri](https://cphins.com/potpourri-3/) - Avoiding Liability Bulletin - June 2025 Note: The following article was first published on the CPH website in July 2018. It appears below with minor changes. POTPOURRI Administrative Due Process – The term "administrative due process" refers to the due process rights of licensed mental health practitioners who are the subjects of enforcement actions taken
- [Licensing Boards - It IS About Enforcement](https://cphins.com/licensing-boards-it-is-about-enforcement-2/) - Avoiding Liability Bulletin - May 2025 Note: This article first appeared on the CPH website in June 2018. It appears below with minor changes. LICENSING BOARDS - IT IS ABOUT ENFORCEMENT On occasion, a licensed mental health practitioner may be contacted by the investigative arm of the licensing board and a request may be made
- [CNA IGNORES BOARD OF NURSING NOTICES WITH SERIOUS RESULT](https://cphins.com/cna-ignores-board-of-nursing-notices-with-serious-result/) - Avoiding Liability Bulletin - April 2025 Certification and licensure as a CNA in the state in which you practice may be governed by a separate law/statute or may be governed by a state board of nursing whose powers and duties also regulate CNAs. In the following case (In the Matter of Nancy Parrott, CNA, Reference
- ["Immunity from Liability" vs. "No Liability"](https://cphins.com/immunity-from-liability-vs-no-liability-2/) - Avoiding Liability Bulletin - April 2025 NOTE: This article first appeared on the CPH website in April 2017. It appears below with minor changes. ''IMMUNITY FROM LIABILITY'' vs. ''NO LIABILITY'' Last month (March 2017) I wrote about dangerous patient issues and the nature and breadth of the mental health practitioner's duty to protect third parties
- [Mandatory Reporting - Different Kinds](https://cphins.com/mandatory-reporting-different-kinds/) - Avoiding Liability Bulletin - March 2025 NOTE: The following article was first published on the CPH website In March 2018. It appears below with minor changes. MANDATORY REPORTING - DIFFERENT KINDS Most licensed mental health practitioners are aware of their duty to report knowledge or reasonable suspicion of child abuse, elder abuse, and dependent or
- [What Caused This Stillborn Death?](https://cphins.com/what-caused-this-stillborn-death/) - Avoiding Liability Bulletin - February 2025 In the following 2024 Supreme Court of Alaska case, parents of a stillborn male infant sued a direct entry midwife and a certified nurse midwife, for failing to obtain informed consent for their delivery at a birth center and, and a result of this failure, for the stillborn death
- [Treatment of Children - Joint Legal Custody](https://cphins.com/treatment-of-children-joint-legal-custody-2/) - Avoiding Liability Bulletin - February 2025 NOTE: This article was first published on the CPH and Associates' website in October 2017. It appears below with minor changes. TREATMENT OF CHILDREN - JOINT LEGAL CUSTODY In the September 2017 issue of this Avoiding Liability Bulletin, I raised a number of questions concerning situations involving the treatment
- [Patient Access to Treatment Records](https://cphins.com/patient-access-to-treatment-records-2/) - Avoiding Liability Bulletin - January 2025 NOTE: This article was first published on the CPH website in December 2017. It appears below with minor changes. While mental health treatment records are owned by the practitioner (assuming a private practitioner/sole proprietorship), patients have certain rights with respect to accessing their treatment records. These rights are typically
- [DID THIS PUBLIC COMMUNITY COLLEGE NURSING PROGRAM VIOLATE SEVEN NURSING STUDENTS’ RIGHTS?](https://cphins.com/did-this-public-community-college-nursing-program-violate-seven-nursing-students-rights/) - In my June 2024 blog post, I discussed a case in which a nursing student was dismissed from a private university nursing program. The dismissal was upheld. In the following case (Burnett v. College of the Mainland (COM), 944 F. Supp. 2dd 823 (S.D. Texas 2024), seven former students in the public community college’s nursing
- [Privilege and Confidentiality - A Deeper Look](https://cphins.com/privilege-and-confidentiality-a-deeper-look-2/) - Avoiding Liability Bulletin - December 2024 NOTE: This article was first published on the CPH website in November 2017. It appears below with minor changes. Mental health practitioners should understand the differences between confidentiality and the psychotherapist - patient privilege (or a similarly titled privilege). As the title of this article indicates, those differences are
- [Child Abuse - Neglect/Endangerment](https://cphins.com/child-abuse-neglect-endangerment/) - Avoiding Liability Bulletin - November 2024 NOTE: This article was first published on the CPH website in September 2015. It appears below with minor changes. Child abuse reporting duties of mental health practitioners are sometimes fraught with ambiguities and dilemmas - all with possibly serious consequences, both to the practitioner and to the patient. This
- [Was This LPN’s Negligence Professional Negligence or Ordinary Negligence?](https://cphins.com/was-this-lpns-negligence-professional-negligence-or-ordinary-negligence/) - Professional negligence is a legal principle you are probably familiar with. Nurses are considered professionals in the eyes of the law. As a result, any allegation of patient injury by you when providing patient care is based on a professional negligence claim. As a result, a nurse expert witness is required to establish the standard
- [Leaving an Agency and Non-compete Agreements](https://cphins.com/non-compete-agreements/) - Two recent events have caused me to revisit this topic - yet again. One of those events was a conversation with a mental health practitioner from a state other than California. The practitioner had signed an agreement when first employed which seemed to limit the practitioner’s ability to “take patients with her” when leaving the agency.
- [The Dangerous Patient and Immunity From Liability](https://cphins.com/dangerous-patient-immunity/) - The topic of dangerous patient bears revisiting from time to time, both because there are new readers and because the topic is often one of the more troubling aspects of practice for mental health practitioners, regardless of the setting in which one works. It is troubling because it may require or permit communications by the practitioner to third parties, whether the police, a threatened victim, a family member, a friend, or another health care provider or health facility.
- [Did the nursing faculty at this private university unfairly dismiss the student from the program?](https://cphins.com/did-the-nursing-faculty-at-this-private-university-unfairly-dismiss-the-student-from-the-program/) - Avoiding Liability Bulletin - June 2024 Faculty in school of nursing education programs are required to adhere to their adopted policies and procedures governing a student’s progression through the educational program. This adherence is particularly important in private colleges and universities where the governing policies and procedures can be used by students to allege that
- [Alphabet Soup (A through M) - A Potpourri of Issues/Questions](https://cphins.com/alphabet-soup-a-through-m/) - The following questions and information are intended to stimulate thought, research, and discussion.
- [Breach of Confidentiality Claims](https://cphins.com/breach-of-confidentiality-claims-2/) - Avoiding Liability Bulletin - July 2024 NOTE: This article was first published on the CPH website in July 2017. It appears below with minor and non-substantive changes. Confidentiality is the cornerstone of psychotherapy. This article reviews some of the more common situations that involve breaches or perceived (by the patient) breaches. BREACH OF CONFIDENTIALITY CLAIMS
- [Disclosure - How Much? How Direct?](https://cphins.com/disclosure-how-much-how-direct-2/) - Avoiding Liability Bulletin - August 2024 NOTE: This article was first published on the CPH website in April 2015. It appears below with minor changes. Making specific disclosures to patients is sometimes required by law and sometimes up to the sound discretion of the practitioner. Disclosures to patients, in advance of treatment, can help to
- [DID THIS NURSE PRACTITIONER FAIL TO INSPECT THE REMOVED DRAINAGE TUBE SHE REMOVED AFTER LUMBAR LAMINECTOMY SURGERY?](https://cphins.com/did-this-nurse-practitioner-fail-to-inspect-the-removed-drainage-tube-she-removed-after-lumbar-laminectomy-surgery/) - Avoiding Liability Bulletin - August 2024 In this Michigan Court of Appeals decision (Ahern v. Henry Ford Health System, et al, January 18, 2024), several legal questions arose after a drainage tube was removed postoperatively. Note that this is an unpublished opinion, meaning that it is not a binding decision in the deciding court and
- [Brief Reminders/Questions](https://cphins.com/brief-reminders-questions/) - Avoiding Liability Bulletin - October 2024 NOTE: This article was first published on the CPH and Associates' website in January 2017. It appears below with minor changes. The purpose of these brief comments and questions Is to help the reader spot issues when they arise and to generate further thought and research. BRIEF REMINDERS/QUESTIONS Advocacy:
- [This LPN’s Conduct was Criminal and Breached Professional Boundaries with Her Patients.](https://cphins.com/this-lpns-conduct-was-criminal-and-breached-professional-boundaries-with-her-patients/) - One of the obligations a licensed nurse, including an LPN, has is to maintain a therapeutic relationship with clients and avoid breaching professional boundaries with those clients. Examples of breaching a professional boundary with a client include becoming romantically involved with a client, sharing personal information about oneself, and accepting gifts from clients. In the
- [DISCLOSURE TO PATIENTS - "NO COURT FOR ME"(?)](https://cphins.com/disclosure-to-patients-no-court-for-me-2/) - Avoiding Liability Bulletin - September 2024 NOTE: Last month's article addressed the issues surrounding disclosures to patients, some of which are required and some of which are up to the sound discretion of the practitioner. This article focuses on one particular disclosure that some practitioners either make or desire to make. This article was first
- [WAS THIS LABOR AND DELIVERY NURSE’S DECISION TO TERMINATE AN IV EPIDURAL INFUSION OUTSIDE HER SCOPE OF PRACTICE?](https://cphins.com/was-this-labor-and-delivery-nurses-decision-to-terminate-an-iv-epidural-infusion-outside-her-scope-of-practice/) - Avoiding Liability Bulletin - July 2024 Intrapartum nursing is a challenging and rewarding area of nursing practice. One of the essential duties of a labor and delivery nurse includes monitoring the labor of the mother during the birthing process. In the following 2024 case (Williamson v. West Virginia Board of Registered Nurses, Court of Appeals
- [DID THE NURSE AND HEALTH CARE TEAM FAIL TO INSTRUCT THIS MOTHER ABOUT SAFE INFANT SLEEPING?](https://cphins.com/did-nurse-health-care-team-fail-to-instruct-this-mother-safe-infant-sleeping/) - Avoiding Liability Bulletin - May 2024 According to a 2022 Technical Report in Pediatrics, The American Academy of Pediatrics indicated that approximately 3500 infants die of sleep-related infant deaths (SIDS), ill-defined deaths, and accidental suffocation and strangulation in bed. The Academy’s Report included its recommendations for a safe sleep environment in order to decrease the
- [Child Abuse Reporting - A Dilemma Fully Explored](https://cphins.com/child-abuse-reporting-dilemma/) - Avoiding Liability Bulletin - May 2024 NOTE: This article was first published on the CPH website in September of 2013. It appears below with minor changes. Child abuse reporting responsibilities are a critical part of a mental health practitioner's practice. A decision to report or not report can have significant consequences for the reporting practitioner,
- ["Predicting" and Preventing Suicide](https://cphins.com/predicting-and-preventing-suicide-2/) - I was reading something published by a national organization representing a mental health profession, and in a chapter dealing with client suicide a statement is made to the effect that these mental health practitioners "are not expected to predict suicide" and "are not expected to prevent suicide." The one page of content dealt primarily with what a therapist should do upon learning that a client has committed suicide, and it basically recommended that the practitioner promptly call his or her professional liability insurance carrier.
- [Board of Nursing Determines Licensed Nurse Aide's (LNA) Professional Misconduct Requires Discipline](https://cphins.com/lna-professional-misconduct-requires-discipline/) - The agency regulating licensed nurse aides varies from state to state. It may be a state department of health or a board of nursing. However regulated, when unprofessional conduct or professional misconduct is alleged against a nurse’s aide, his or her ability to continue to practice is jeopardized. A professional disciplinary action by the state entity can occur.
- [RECORDKEEPING – How Much? What content?](https://cphins.com/recordkeeping-how-much-what-content-2/) - How much detail, and what kind of content, should be in your treatment records? This is a question that many have asked over the decades, and the answer is neither simple nor singular – and that is probably a good thing.
- [Amending/Correcting Records](https://cphins.com/amending-correcting-records/) - It is a fundamental, well-accepted principle that patient treatment records should be accurate, for several reasons. Most importantly, records should be accurate because subsequent treatment providers may use them in their treatment of the patient, which could lead to better quality care and help to avoid errors.
- [Ethics - Enforcement](https://cphins.com/ethics-enforcement-2/) - Avoiding Liability Bulletin - January 2024 Note: This article was first published on the CPH and Associates’ website in December 2016. It appears below with minor changes. The article published last month (December 2023) also addressed ethics issues. When read together, these articles address important aspects of practice that are sometimes overlooked by practitioners. Laws
- [Ethics Complaints](https://cphins.com/ethics-complaints-2/) - Licensed mental health practitioners are (or should be) aware of their possible vulnerability as targets of malpractice claims or lawsuits brought by disgruntled or harmed clients, sometimes resulting in money settlements or judgments (by court or jury) for monetary damages.
- [When and Why Should I Report a Claim or Subpoena?](https://cphins.com/when-and-why-should-i-report-a-claim/) - Your duty as an insured is to report a subpoena, claim or potential claim as soon as it comes to your attention. This is in your best interest to avoid professional liability risks and take advantage of the resources available to you such as attorneys who specialize in mental health malpractice risk and claim navigation.
- [The Alphabet Revisited](https://cphins.com/the-alphabet-revisited-2/) - Avoid using testimonials – or be careful - they may send the wrong message. Although testimonials are generally not prohibited by law or ethical standards, they do present some problems and do require caution. For example, if patients are solicited to do a testimonial, an ethical violation may occur – the patient may feel exploited or that undo pressure was used. The client may be reluctant to say “no” to the therapist.
- [Confidentiality - Disclosures to Patients](https://cphins.com/confidentiality-disclosures-to-patients/) - It is critical to know which exceptions to confidentiality, if any, must be disclosed to the client prior to the commencement of treatment.
- [How therapists can get more private pay clients with Mentaya](https://cphins.com/how-therapists-can-get-more-private-pay-clients-with-mentaya/) - As a therapist with a business background, I am a fierce advocate for therapists earning a good living. From my vantage point, that means limiting time spent on insurance and other admin tasks so that we have more time for engaging in work that is fulfilling & compensates well. 70% of therapists do not take
- [Confidentiality - Some Basics Revisited](https://cphins.com/confidentiality-some-basics-revisited-2/) - For those who care about their profession as a psychotherapist, marriage and family therapist, mental health or professional counselor (whatever the description), they too should focus upon confidentiality and its critical importance to patients, to society, and to their chosen profession.
- [Dual Relationships](https://cphins.com/dual-relationships-3/) - Do you know the difference between an ethical dual relationship and an unethical dual relationship? Does your licensing board know the difference? Are all dual relationships unethical? Are some dual relationships unavoidable?
- [CAN A REGISTERED NURSE BE AN EXPERT WITNESS IN A LAWSUIT AGAINST A NURSE PRACTITIONER?](https://cphins.com/rn-expert-witness-against-np/) - You may have heard the saying that a professional negligence suit involving health care providers, including nurses, is a “battle of the experts.” This maxim is true.
- [DID THIS NURSE PRACTITIONERS’ EMPLOYMENT CONTRACT SUPPORT HER BREACH OF THE CONTRACT LAWSUIT?](https://cphins.com/np-breach-of-employment-contract-lawsuit/) - Avoiding Liability Bulletin - July 2023 You may be used to reading about an APRN as a defendant in a lawsuit alleging professional negligence, but APRNs can, and are, plaintiffs in lawsuits as well. APRNs are often employed by a health care facility. When they are employed, it is fairly common for the nurse practitioner
- [NURSE PRACTITIONER MISDIAGNOSES CANCEROUS BREAST LUMP AS A BENIGN FIBROCYSTIC LUMP](https://cphins.com/np-misdiagnoses-cancerous-breast-lump-as-benign/) - The 2022 Pennsylvania case, Downes v. Eileen Carpenter, CRNP et al, received national attention due, in part, to the jury verdict in favor of the plaintiff, Kerri Downes, for $18,000.000.
- [CAN A STATE BOARD OF NURSING DISCIPLINE AN APRN FOR CONDUCT RELATING TO COVID-19?](https://cphins.com/aprn-discipline-conduct-covid-19/) - The COVID-19 epidemic has had far-reaching effects upon your advanced nursing practice. During the height of the epidemic, one not-so-obvious effect that developed was the dissemination of misinformation about COVID-19 by health care providers, including RNs and APRNs.
- [CAN YOU USE THE TITLE “DR.” AFTER EARNING A DOCTOR OF NURSING DEGREE?](https://cphins.com/using-dr-title-as-dnp/) - Doctoral-prepared nurses are on the rise. From 2014-2018, for example, the numbers almost doubled, from 3,065 to 6,090. Nurse practitioners have sought doctoral degrees in nursing as well. Whether a nurse practitioner or not, using the title “Dr.” in one’s NP practice has been controversial at best.
- [No Surprises Act](https://cphins.com/no-surprises-act/) - The policy underlying the No Surprises Act (“NSA”) is to protect consumers from unanticipated and expensive bills for out-of-network treatment by requiring mandatory estimates of costs prior to services being rendered.
- [October's True or False Answers - Part 3](https://cphins.com/true-false-part-3/) - Some practitioners try to avoid seeing clients who are or may be involved with litigation – whether it be a bitter custody battle within a dissolution of marriage case, or a case where the patient is a plaintiff in a lawsuit seeking monetary damages arising from an auto accident, where physical and psychological harm may be alleged, or a wrongful discharge from employment case where it is alleged to have caused economic and psychological harm. Of course, such scenarios could arise and first become known well after treatment has commenced, or they could be known at the time the prospective patient first seeks professional services.
- [Complaints Against Child Custody Evaluators](https://cphins.com/complaints-against-child-custody-evaluators/) - One of the common complaints against practitioners who are allowed by state law to perform child custody evaluations comes from the parent who believes that the evaluator favored the other parent and failed to adequately perform the evaluation. In some of those cases, there may be allegations that the child custody evaluator wrongly reported child abuse against the complainant or failed to file a child abuse report against the other parent – supposedly the favored parent.
- [Child Abuse Reporting Issues](https://cphins.com/child-abuse-reporting-issues/) - One area of practice that can create a dilemma for practitioners is when a minor patient informs the treating practitioner that she is pregnant. With such information, the practitioner must determine whether or not a child abuse report is required, and if not, what further duty, if any, does the practitioner have with respect to the requirement to report the suspicion or reasonable suspicion of child abuse (whatever the specific standard for reporting is in your state of practice). The specifics of individual state laws vary in fine nuance, so practitioners must be familiar with the child abuse reporting laws in their respective states. While California law is described below, readers should know how the child abuse reporting law and other legal authority in their state may differ with this information.
- [Answers to April Review](https://cphins.com/answers-to-april-review-2/) - In the April 2020 issue of this Avoiding Liability Bulletin, I asked twenty questions on a variety of topics. My answers to those questions appear below. As stated in the April 2020 introductory note, the laws in each state often differ with the laws in other states, so the answers to these questions may also differ. My answers will, as always, rely upon or reference California law. The reader is encouraged to determine how the law in your state treats any particular issue and how the law may differ with the answers provided by me below.
- [TELEHEALTH AND COVID 19 - Thoughts and Outlook](https://cphins.com/telehealth-covid-thoughts-and-outlook/) - As a result of the coronavirus pandemic, or Covid-19, the delivery of medical and mental health services via telehealth is garnering increased attention by governmental entities, professional associations, and medical and mental health practitioners...
- [THE ALPHABET – SOME HINTS ON AVOIDING LIABILITY](https://cphins.com/the-alphabet-2020/) - I thought I might have a bit of fun going back to my ABCs and that you might find some of these brief items helpful. The thought here is to remind you of some of the basics that may help you avoid or minimize liability. For any of the topics covered here, further research can be done at CPH Insurance’s website, where prior Avoiding Liability Bulletins can be found. This article was first published by CPH Insurance in July, 2010. Minor and non-substantive changes have been made in this re-publication.
- [Do You Know Your ABC’s…?](https://cphins.com/do-you-know-your-abcs-3/) - Do You Know Your ABC’s…? A. Advertising that one has been “in practice for seven years,” when in fact the person has been licensed for three years but has included the time period that he or she was gaining hours of experience while in an educational program or gaining post degree hours of experience toward licensure, may be viewed by some, including a licensing board, as misleading. Therapists and counselors must always be aware of the representations they make to others (the public) in writing.
- [Employment Agreements - Non-Compete Clauses](https://cphins.com/employment-agreements/) - Counselors and therapists may be employed by any number of business entities (e.g., nonprofit organizations, sole proprietorships, professional corporations, partnerships). Sometimes the employer requires, as a condition of employment, that the practitioner sign a written employment contract that contains a clause that seeks to limit the post-employment activities of the employee.
- [HELPING THE CLIENT IN TOUGH ECONOMIC TIMES?](https://cphins.com/helping-client-tough-economic-times/) - The issues that are discussed in this article are not new, nor are they limited to occurring in the current economic condition existing in the country. However, a tough economy creates pressures on therapists, counselors and clients alike, and as a result, mistakes in judgment (and worse) may be more likely during such times.
- [Child Abuse - Emancipation of Minor, Confidentiality, Privilege](https://cphins.com/child-abuse-emancipation-of-minor-confidentiality-privilege/) - What is the effect, if any, of your state’s emancipation of minor laws on your duty as a mandated reporter of child abuse? The answer to this question varies from state to state, but it is an important question to think about and to answer. One example of how this question may arise involves consensual sexual intercourse between minors or between a minor and an adult.
- [Immunity from Liability](https://cphins.com/immunity-from-liability-4/) - Mental health practitioners typically purchase malpractice insurance in order to protect themselves from claims and lawsuits seeking monetary damages and alleging, among other things, that the practitioner was negligent (by acting in a certain manner or by the failure to act in a certain manner) with respect to the treatment of a client or patient...
- [Duty to the Patient - When Does It Begin?](https://cphins.com/duty-to-patient-begin/) - Licensed mental health practitioners often discuss the issue and process of termination of treatment, including the question of when the termination becomes effective, but not as much discussion occurs with respect to the question of when the therapist-patient relationship begins.
- [Advertising as "Doctor/Dr."](https://cphins.com/advertising-as-doctor/) - Avoiding Liability Bulletin - March 2021 The article appearing below was originally published on the CPH Insurance’s website in April 2010 and appears below with minor and non-substantive changes. ADVERTISING AS “DOCTOR/Dr.” As I have previously written, probably on more than one occasion, the general rule for advertising by licensed health professionals is that advertising
- [Emotional Abuse of Children](https://cphins.com/emotional-abuse-children/) - There is a belief by some who have examined this issue that there is an underreporting of emotional abuse of children and that this form of child abuse is a somewhat neglected topic when child abuse issues are discussed.
- [DISCLOSURES TO PATIENTS AND OTHERS](https://cphins.com/disclosures-to-patients-and-others/) - When mental health practitioners commence professional relationships with patients, there is a requirement to provide or disclose specified information to new patients.
- [Confidentiality](https://cphins.com/confidentiality-3/) - What duty of confidentiality, if any, does a mental health practitioner have with respect to the use of the information gained during a psychotherapy treatment session?
- [FEES / COVID-19](https://cphins.com/fees-covid/) - Are there circumstances that may arise when a patient falls behind in the payment of fees for professional services rendered and the mental health practitioner (or agency) decides to continue treatment despite the financial difficulties of the patient?
- [Conflicts - Treating Multiple Members of a Family](https://cphins.com/treating-multiple-family-members/) - Many mental health practitioners treat more than one member of a family, either concurrently or consecutively. This occurs most commonly when a therapist or counselor sees spouses in couples therapy, when a parent and child are seen conjointly and/or separately, when two or more children of the same family are seen together or separately, and in other situations too numerous to mention.
- [Treating Children](https://cphins.com/treating-children-legal-issues/) - Licensed mental health practitioners treat children both with and without the consent of one or both parents. It is not uncommon for practitioners to be uncertain about what the rights of the minor patient may be in particular situations, what the rights of a parent or the parents are, and how confidentiality and privilege are affected under particular circumstances.
- [CONFIDENTIALITY - Death of Patient](https://cphins.com/confidentiality-death-of-patient/) - While thankfully not an everyday occurrence, it is not a rarity that a patient unexpectedly dies during the course of treatment or shortly after termination. Death may result from natural causes, from a long standing illness, from an auto or other accident, from a criminal act, from Covid-19 or one of its variants, or from an unexpected suicide. The sadness of such situations is obvious, and the loss will likely affect the therapist’s psyche and provoke a variety of thoughts. Very quickly, however, the therapist’s thoughts may (or should) turn to the issue of confidentiality.
- [CONFIDENTIALITY](https://cphins.com/confidentiality-4/) - Confidentiality is the cornerstone of psychotherapy and most patients expect it. Many patients, however, perhaps most, are not aware of the many exceptions to confidentiality (e.g., over 25 under California law). In many states, and in HIPAA regulations (federal), there is no requirement to inform patients of all of the exceptions to confidentiality. Some practitioners routinely tell patients of their child abuse reporting duties or the dangerous patient exception to confidentiality, although in some states, such disclosures may not be required. One exception to confidentiality that should be disclosed is the one that allows practitioners to communicate with other licensed practitioners or health care facilities and to share personally identifiable “medical information” for purposes of diagnosis or treatment of the patient.
- [Conflicts](https://cphins.com/conflicts-3/) - Mental health practitioners may encounter conflicts, or what is also referred to as “conflicts of interest,” during the course of conducting their private practices and in other situations. Conflicts may arise suddenly and unexpectedly.
- [Potpourri](https://cphins.com/potpourri-2/) - Advocate – Health care practitioners do not typically think of themselves as advocates for their patients. They are treatment providers. They report or testify truthfully and dispassionately and stick to the facts. They express professional opinions consistent with their findings and honest belief. With respect to licensed mental health practitioners, there may be times when it is appropriate to advocate for a patient or client and there may be times that it would not be appropriate to do so.
- [Advocacy - A Caution](https://cphins.com/advocacy-caution/) - Licensed mental health practitioners may sometimes act as advocates (sometimes unwittingly) for their patients (e.g., contesting insurance denials), and at other times they should not – such as when giving sworn testimony at a deposition or at trial.
- [HIPAA’s PRIVACY RULE and STATE PRIVACY/CONFIDENTIALITY LAWS - CONFLICTS](https://cphins.com/hipaa-confidentiality-conflicts/) - Mental health practitioners and health care entities must determine whether or not they are “covered providers” or “covered entities” under HIPAA and the federal regulations implementing HIPAA.
- [SCOPE OF COMPETENCE/SCOPE OF LICENSE](https://cphins.com/scope-of-competence-license/) - May a licensed marriage and family therapist, psychologist, LCSW, or a licensed professional clinical counselor provide a patient or client with some kind of nonsexual massage or touch to relieve pain or discomfort? If they do, are they necessarily liable in a negligence action brought by an aggrieved patient?
- [TERMINATION AND REFERRAL – When Does the Duty to the Patient End?](https://cphins.com/when-does-duty-to-patient-end/) - One aspect of termination and referral that I have not previously written about involves the issue of follow-through after a referral is made and communicated to the patient. Referrals are usually made after the licensed mental health practitioner decides to terminate with the patient, which may occur for a variety of reasons.
- [Reminders and Information to Avoid Liability](https://cphins.com/reminders-to-avoid-liability/) - Advertisements by licensed mental health practitioners must not be false, fraudulent, misleading or deceptive. Care should therefore be taken before representing yourself as an “expert” or “specialist.” What facts allow for such a representation?
- [Mental Illness and Treating Dangerous Patients](https://cphins.com/mental-illness-treating-dangerous-patients/) - It seems that each time there is a mass shooting, followed by an outcry for gun control legislation (and improvements to school safety), there is also a discussion about the “mentally ill” and whether limitations should be placed upon their ability to legally own or possess guns (for example, state “red flag laws”). Media coverage is filled with references to the “mentally ill” without clearly defining what specifically is meant by the term “mentally ill.”
- [Insurance Fraud, Minors and Privilege, Neglect](https://cphins.com/insurance-fraud-minors-privilege-neglect/) - According to the National Health Care Anti-Fraud Association, which is an organization founded in 1985 by several private health insurers and federal and state government officials to combat health care fraud, the most common fraudulent acts include, but are not limited to:
- [AVOIDING LIABILITY – SOME BASICS](https://cphins.com/avoiding-liability-some-basics/) - Much of what I write in this monthly column/blog is about a variety of specific legal topics and issues that affect mental health practitioners in the practice of their profession, such as confidentiality, privilege, child and elder abuse reporting, dual or multiple relationships, dangerous patients, access to records, treatment of minors, insurance fraud, termination and more.
- [CONFIDENTIALITY - High Risk Behavior of Patient](https://cphins.com/confidentiality-high-risk-behavior-of-patient/) - A CPH-insured mental health practitioner requested that I comment on a situation with a patient that raised questions about the duty of confidentiality and the exceptions to that duty.
- [Crimes and Confidentiality](https://cphins.com/crimes-and-confidentiality-2/) - HIPAA and state laws recognize the importance of confidentiality, but also recognize that confidentiality is not absolute. There are numerous public policy exceptions to confidentiality.
- [Home-Based Office / Making Home Visits](https://cphins.com/home-office-home-visits/) - Avoiding Liability Bulletin - December 2022 HOME-BASED OFFICE A CPH-insured reader asked about conducting a mental health practice in one’s home and was interested in learning of any tips for practicing ethically and avoiding liability. Rather than write a lengthy article (which I might do at a later time), I thought I would raise a
- [Brief Reminders](https://cphins.com/brief-reminders/) - Avoiding Liability Bulletin - February 2023 Note: The following article was first published on the CPH Insurance’s website in December 2015. It appears below with some additions and minor changes. BRIEF REMINDERS The following reminders/topics are not in order of importance and are only brief comments about a variety of issues – most of which
- [TESTIFYING IN COURT OR AT A DEPOSITION](https://cphins.com/testifying-court-deposition/) - Avoiding Liability Bulletin - March 2023 Mental health practitioners must be prepared to testify in court or at a deposition, under oath. Although some practitioners may not like to testify, and may find it disruptive to their practices, there is sometimes no choice. The patient may be pursuing a lawsuit where the mental or emotional
- [The Risks Of Counseling / Therapy?](https://cphins.com/the-risks-of-counselingtherapy/) - One of the most important elements, if not the most important element, of informed consent is the obligation to inform the patient of the potential risks and benefits of treatment – that is, some form of psychotherapy, therapy, or counseling. It should be understood from the outset that each state likely treats this subject matter differently. For example, a state may require (for a particular licensed health care practitioner) that a written and signed informed consent be obtained before certain kinds of treatment (procedures) occur, or before any treatment occurs. Other states may not refer to the term “informed consent,” but may simply require that certain disclosures be made in writing prior to the commencement of treatment. Ethical standards of the various mental health professions treat the subject matter somewhat differently. With respect to HIPAA, federal regulations do not require that the patient first give his or her informed consent prior to treatment, but they do require that certain disclosures about the practitioner’s privacy policies and related matters be made.
- [Scope of License](https://cphins.com/scope-of-license/) - … Each licensed mental health professional and other licensees are governed by a licensing law of some kind that will usually define the functions of licensees and prohibit anyone not so licensed from performing those functions for remuneration of any kind. Practitioners must be familiar with the scope of the license and must not forget that they may be licensed to treat, for example, mental and emotional conditions rather than physical ailments. I recall a licensed mental health practitioner who, in defense of charges of sexual misconduct and gross negligence, explained that he massaged the patient’s shoulder and back because she complained of physical pain in that area. One of the findings against the practitioner was that he was practicing outside the scope of his license – treating physical pain by touch/massage.
- [Treating Children](https://cphins.com/treating-children-2/) - One of the issues that therapists and counselors face when the patient is a child involves the right of the parents to access the treatment records of the minor.
- [Joint Holders of the Privilege – Meaning and Implications](https://cphins.com/joint-holders-of-the-privilege-meaning-and-implications/) - There are many circumstances where more than one person will be seen in therapy or counseling, such as in couple counseling or family therapy. In such cases, the identified patient may be the couple or the family unit, however configured.
- [Dual or Multiple Relationships - An Overview](https://cphins.com/dual-or-multiple-relationships-an-overview/) - … What exactly are dual or multiple relationships? Are all dual relationships prohibited? If therapists or counselors terminate the therapeutic relationship and then begin a separate business or other relationship, do they still have vulnerability in a licensing board disciplinary action and liability in a civil lawsuit for money damages? These are but a few of the questions that arise in this sometime murky area of practice. Of course, the easy solution is to say that you will never have any other relationship with your patient or former patient other than that of therapist and patient or ex-patient. But that reality is not always possible to achieve nor is it always necessary to achieve.
- [Advertising Reminders](https://cphins.com/reminders/) - I have written about advertising before, but a few reminders and cautions cannot hurt!
- [Child Abuse Report Required or Permitted?](https://cphins.com/child-abuse-report-required-or-permitted/) - … A parent smokes marijuana (one time) in front of her 17-year old daughter and tells her therapist about this. Is a child abuse report required? Is a child abuse report permitted? … A parent snorts a line of cocaine (one time) in front of her 17-year old daughter and tells her therapist about this. Is a child abuse report required? Is a child abuse report permitted? … What if the child in the questions above is an 11-year old daughter? Do any of your answers change?
- [Think About This - Child Abuse?](https://cphins.com/think-about-this-child-abuse/) - ...A parent smokes marijuana (one time) in front of her 17 year-old daughter and tells her therapist about this. Is a child abuse report required? Is a child abuse report permitted? ...A parent snorts a line of cocaine (one time) in front of her 17 year-old daughter and tells her therapist about this. Is a child abuse report required? Is a child abuse report permitted? ...What if the child in the questions above is an 11 year-old daughter? Do any of your answers change? Stay tuned!
- [Death Of The Practitioner – Coverage, Records, And Professional Wills](https://cphins.com/death-of-the-practitioner-coverage-records-and-professional-wills/) - Death - what an unpleasant thought! However, I was asked to comment on the subject, so I will. The more complete background is that several insured practitioners have asked CPH Insurance about what happens to their coverage when they die. Suppose that an insured therapist or counselor dies, and then his or her estate is sued for the alleged negligence or wrongdoing of the practitioner that occurred prior to death and while engaged in active practice. Is there professional liability coverage after the death of the practitioner? Does the coverage “die” with the death of the practitioner? Will the insurer defend the case? If there are records in existence, what will or should happen to patient records once the practitioner dies? These questions give rise to one other question (at least for this article) - is it necessary to prepare a “professional will?”Some thoughts on these subjects follow.
- [Brief Reminders / Topics](https://cphins.com/brief-reminderstopics/) - The following reminders/topics are not in order of importance and are only brief comments about a variety of issues – most of which I have written about before in various degrees of detail. I encourage you to easily research those further details in the archives, arranged by topic, at the CPH Insurance website (Legal Resources).
- [Discipline And Due Process](https://cphins.com/discipline-and-due-process/) - Licensing by the state is not a right, but rather, a privilege. Those who are licensed, whether as marriage and family therapists, professional or mental health counselors, psychologists, or others, work hard and sacrifice much to attain licensure. While each state has its own requirements, the applicant for licensure will typically have to attain specified education, supervised experience, and pass one or more examinations. They will typically be fingerprinted and a background check of some kind will be conducted. Never again will the licensee be under as much scrutiny by the state, unless and until the licensee is the subject of a complaint to the licensing board by a former patient, or until the licensing board is otherwise informed of information that will trigger action.
- [Death Of The Patient](https://cphins.com/death-of-the-patient-2/) - What happens when your patient dies and your treatment records are thereafter subpoenaed or you are subpoenaed to appear and testify in a legal proceeding?
- [Record Keeping – How Much? What content?](https://cphins.com/recordkeeping-how-much-what-content/) - How much detail, and what kind of content, should be in your treatment records? This is a question that many have asked over the decades, and the answer is neither simple nor singular – and that is probably a good thing.
- [3 Differences Between Claims Made & Occurrence Based Coverage](https://cphins.com/3-differences-between-claims-made-occurrence-based-coverage/) - Claims made? Occurrence? What? Which one is right for me?
- [3 Things You Should Know About Group or Corporate Policies](https://cphins.com/3-things-you-should-know-about-group-or-corporate-policies/) - Corporate professional liability insurance is a great option for employers and owners of corporate entities who want to guarantee the security of their practice.
- [Great News! Texas Marriage & Family Therapists Can Continue to Diagnose](https://cphins.com/great-news-texas-marriage-family-therapists-can-continue-to-diagnose/) - Had the court of appeals decision been allowed to stand another suit probably would have been brought to address a similar situation with licensed professional counselors in Texas jeopardizing even more mental health professionals’ ability to secure insurance reimbursement for their services without first involving a physician to render a diagnosis. I usually do not find Texas and its court system to be consumer friendly but this decision is a big win for Texas consumers.
- [KEEPING TREATMENT RECORDS - HOW MUCH?](https://cphins.com/keeping-treatment-records/) - From an ethical and legal point of view, a mental health practitioner should keep that amount of records that is consistent with sound clinical practice. Each practitioner desires to act as the reasonably prudent practitioner of like licensure would act under similar circumstances – or better. But, reasonably prudent practitioners (whoever they are) may differ with respect to how and why they keep patient treatment records.
- [The Alphabet Revisited](https://cphins.com/the-alphabet-revisited/) - I return to my ABCs (see the July 2010 issue of the Avoiding Liability Bulletin for the prior one) and hope you find a few of these items/reminders helpful. Pardon my occasional attempts at humor! Hopefully, these brief items will remind you of some of the basics and will spur further research on your part.
- [The Alphabet - Some Hints On Avoiding Liability](https://cphins.com/the-alphabet-some-hints-on-avoiding-liability/) - I thought I might have a bit of fun going back to my ABCs and that you might find some of these brief items helpful. Perhaps you can think of others. The thought here is to remind you of some of the basics that may help you avoid or minimize liability.
- [Exclusions of Professional Liability Insurance Policies](https://cphins.com/exclusions-of-professional-liability-insurance-policies/) - Errors and omissions insurance is also known as professional liability insurance, which protects the allied healthcare professional in the event a client challenges the accuracy or competency of your professional services. Should someone file a lawsuit against you or your practice, professional liability insurance pays for legal defense costs as well as any settlement to be paid to the client, if it is found that you were negligent in administering health care.
- [Nourishing the Liability Formalities](https://cphins.com/nourishing-the-liability-formalities/) - Many issues for dietitians will be based on a failure either to act or to communicate. Claims against dieticians and nutritionists can vary.
- [What is Professional Liability Insurance for Mental Health Providers?](https://cphins.com/what-is-professional-liability-insurance-for-mental-health-providers/) - Professional liability insurance for mental health counselors, therapists, psychologists and social workers helps protect professional advice- and service-providing individuals and companies from bearing the full cost of defending against a negligence claim made by a client, and damages awarded in such a civil lawsuit.
- [What Do You Know About Your Employers Insurance Policy?](https://cphins.com/what-do-you-know-about-your-employers-insurance-policy/) - After some great feedback from our previous post, But I Have A Group Insurance Policy At Work? Why Nurses Need An Individual Plan, CPH Insurance would like to follow up with some additional considerations for practicing nurses and nurses-in-training.
- [Discipline and "Due Process"](https://cphins.com/discipline-and-due-process-2/) - Licensing by the state is not a right, but rather, a privilege. Those who are licensed, whether as marriage and family therapists, professional or mental health counselors, clinical social workers, psychologists, or others, work hard and sacrifice much to attain licensure.
- [CPH Insurance Now Offers Cyber Liability Coverage for Mental and Allied Health Professionals](https://cphins.com/cyber/) - With cyber attacks becoming more prevalent, it is essential to understand the risk and protect your professional assets accordingly. Cyber liability is protection against a data breach of your client’s information. CPH Insurance Cyber Liability Policy Highlights Include:...
- [Denis K. Lane, Jr., Attorney at Law](https://cphins.com/denis-lane-helpline-attorney/) - Denis Lane, one of CPH Insurance's help line attorneys, has been practicing mental health law and civil litigation since 1978. Although Denis is now based in Colorado, having attended law school at The University of Oklahoma and spending some time working in Washington DC, he is licensed to serve and has assisted many of our insureds from all over the US! He’s an established author and has spent a lot of time publishing and lecturing on law and ethics for mental health professionals as well as serving on the Ethics Committee for the American Mental Health Counselors Association (AMHCA). CPH Insurance is proud to work with Denis and share his expertise with their insureds. Read on to learn more about Denis in our Lawyer Limelight blog series Q&A:
- [Todd Atkins, Attorney at Law](https://cphins.com/todd-atkins-attorney-at-law/) - Todd Atkins, one of CPH Insurance’s help line attorneys, has been practicing civil litigation for both plaintiffs and defendants since 2000. Todd attended law school at The University of San Diego in 2000 and studied at the University of Virginia in 1993, where he majored in foreign affairs. He is licensed to serve and has assisted many of our insureds on the West Coast. CPH Insurance is proud to work with Todd and share his expertise with their insureds. Read on to learn more about Todd in our Lawyer Limelight blog series Q&A:
- [Avoiding Liability - Quick Tips and Reminders](https://cphins.com/termination-letters/) - The following reminders / topics are not in order of importance and are only brief comments about a variety of issues – most of which I have written about before in various degrees of detail. I encourage you to easily research those further details in the archives, arranged by topic, at the CPH Insurance website (Avoiding Liability).
- [Let’s Get ‘Technical’ With Your Protection](https://cphins.com/lets-get-technical-with-your-protection/) - In January 2013, CPH Insurance announced more than 25 new occupations that are eligible for professional liability insurance coverage. Today, we’d like to highlight all our “techies” that we provide protection for:
- [Do You Know Your Liability Limits?](https://cphins.com/do-you-know-your-liability-limits/) - Professional liability insurance also comes with limits. CPH Insurance offers two options for professional liability insurance policies: $1,000,000 per occurrence/$3,000,0000 aggregate or $1,000,000 per occurrence/$5,000,000 aggregate.
- [New Year, New Coverage](https://cphins.com/new-year-new-coverage/) - It’s a new year, and CPH Insurance is proud to announce more than 25 new occupations that are eligible for professional liability insurance coverage. These include:
- [Tom Hartsell, Attorney at Law](https://cphins.com/tom-hartsell-attorney-at-law/) - Over the last decade, more than 500,000 people chose CPH Insurance for liability insurance. Because our business is specialized, we are able to focus on your liability needs in a way that bigger companies are not. Our team of associates represent over 50 years of collective experience in this field, and we are able to serve a large client base while maintaining a small-office approach.
- [Ensured : A CPH Insurance Web Series to Ensure You’re Appropriately Insured](https://cphins.com/ensured/) - We understand, professional liability insurance isn't the most exciting thing to learn about, but it's important. It's important to you and your career...
- [Do I need to let CPH Insurance know if I've moved offices?](https://cphins.com/address-change/) - Do I need to let CPH Insurance know if I've moved offices? Well, that answer depends on two things: 1. Did you use your office address as your mailing address on your application? and 2. Do you have General Liability (Slip and Fall) coverage on your policy?
- [You be the Jury #2](https://cphins.com/you-be-the-jury-continued/) - This bulletin continues to evaluate the case presented in an earlier bulletin where Mr. Smith sustained permanent injury to his right hand, right arm and right side of his body and alleged his permanent injury was due to the negligent care he received at ABC Hospital. If you recall, one of the questions asked at the end of the case presentation was: What evidence would you like to see/hear to determine that Mr. Smith met his burden of proof? And, the question continues, what is his burden of proof?
- [Taking ADA Compliance into Consideration for Workplace Designs](https://cphins.com/avoiding-professional-liability-bulletin-february-1-2016/) - If you are lucky enough to be a CNO whose units in your hospital are undergoing a “revamp,” you can make your design ideas become a reality. You must also factor in those employees whom you hire or with whom you work if they have a disability that qualifies as such under the Americans With Disabilities Act (ADA). In short, the physical workplace should be “disability friendly”.
- [Dangers for Nurse Managers](https://cphins.com/dangers-for-nurse-managers/) - Those of you who are nurse managers, charge nurses, or nurse supervisors are keenly aware of the legal issues involved in your position. Not only must you ensure that any direct patient care that you provide be non-negligent, you must also avoid the inherent pitfalls a role such as yours entails.
- [Multistate Licensure](https://cphins.com/avoiding-professional-liability-bulletin-november-2015-2/) - The importance of your license to practice as a registered professional nurse (RN) or an advanced practice nurse (APRN) cannot be overestimated. Without it, you cannot practice nursing legally in any state in the U.S. or its territories.
- [Challenges for You in 2015](https://cphins.com/challenges-for-you-in-2015/) - For most of you, last year was probably a challenging one, both professionally and personally, with such issues as Ebola and its many ramifications, flu vaccinations that weren't as protective as touted due to a mutation in the virus, mandatory nurse-patient ratios, the debate over 8 hour vs. 12 hour shifts, violence in the workplace, care for undocumented immigrants, mandatory overtime, overtime in general to complete needed patient care and documentation of that care, and continued barriers to advanced practice in many states.
- [Nurse Entrepreneurship and Premises Liability](https://cphins.com/nurse-entreprenurship-and-premises-liability/) - Those of you who are thinking about establishing your own health care business, either as an advanced practice nurses or as a nurse practicing a specialty that focuses on consultation and education, as examples, know all too well the importance of carrying professional liability insurance. Premises liability insurance is another form of protection for you that you need to carefully consider.
- [Occupational Health, Nursing Liability and Workers' Compensation Law](https://cphins.com/occupational-health-nursing-liability-and-workers-compensation-law/) - Those of you who are occupational health nurses know the importance of the role you have in a company’s and its employees’ lives. One role you may have in occupational health nurse is handling injuries under the state workers’ compensation law.
- [Multistate Licensure](https://cphins.com/multistate-licensure/) - You may have applied for and were granted nursing licenses in several states as you moved to a new state, started a new job, or advanced your career. Indeed, many practicing nurses today hold several professional nursing licenses in different states, and this is quite common when the states of the granted licenses are close to each other, such as Illinois and Indiana or New York and New Jersey, allowing for more job opportunities nearby your home.
- [What is Personal Jurisdiction?](https://cphins.com/what-is-personal-jurisdiction/) - Jurisdiction is generally defined as the authority by which a court recognizes and decides cases.1 The regulations defining the many types of jurisdiction are established by state and federal constitutions and statutes respectively. These regulations set out what cases can be heard by what courts and which court is the best forum for a particular matter (e.g., family court, mental health court). Jurisdiction can be applied to one court (e.g., the state criminal court) or to the specific judicial system as a whole (e.g., the federal court system).2
- [What is Precedent?](https://cphins.com/avoiding-professional-liability-bulletin-june-2014/) - In the legal world, the term precedent is an extremely important one. Defined as “a decided case that furnishes a basis for determining later cases involving similar facts or issues” 1 , it aids your lawyer to analyze the legal principle or principles upon which the case was decided and compare it/them to your case and predict what decision should occur in your particular lawsuit.
- [The Importance of Continued Clinical Competency in Nursing Practice](https://cphins.com/the-importance-of-continued-clinical-competency-in-nursing-practice/) - Continued clinical competency is a topic that has gained much attention in nursing in recent years. Debates and comments as to how competency is measured in any nursing practice, how competency can be improved, and what approaches are best to increase and maintain competency abound in all forms of nursing literature.
- [Can A Visitor Sue A Healthcare Facility For An Injury Sustained When Visiting A Patient/Resident?](https://cphins.com/can-a-visitor-sue-a-healthcare-facility-for-an-injury-sustained-when-visiting-a-patientresident/) - Health care facilities owe a duty of care to visitors who come into the facility to see their family member or friend. This duty of care is part of a facility’s obligation to prevent unreasonable and foreseeable risks of harm to visitors under a negligence analysis. In the following case, however, the nursing home did not breach its duty when a visitor tripped over a fan in her sister’s room at the nursing home.1
- [What are State-Based First Offender Programs?](https://cphins.com/what-are-state-based-first-offender-programs/) - Many states have passed criminal laws called First Offender Programs that can be very helpful to you as a nurse. If you have been charged with a probational felony, such as prescription fraud or possession of a controlled substance, and have a substance use disorder, the program provides certain benefits that would not otherwise be available to a nurse charged with such crimes.
- [Nurse Questions Judge's Decision That She Had The Intent To Defraud Medicare](https://cphins.com/nurse-questions-judges-decision-that-she-had-the-intent-to-defraud-medicare/) - I have not reported many cases of criminal liability of nurses in past Bulletins. The following case involving criminal convictions of a nurse is one that I believed needed to be shared with you due to the astonishing conduct of the nurse.
- [Disciplinary Actions Evaluated by the State Board of Nursing](https://cphins.com/avoiding-professional-liability-bulletin-may-15-2016/) - In past Bulletins, I have written about your nursing assistant / nursing aide (CNA) role and the potential for inclusion in a lawsuit alleging professional negligence when a patient for whom you provided care was injured in some way or died. There is another significant area of liability you need to be aware of—discipline by the state regulatory agency that certifies you.
- [Ohio Appellate Court Nursing Care Evaluation](https://cphins.com/avoiding-professional-liability-bulletin-may-1-2016/) - Recently, an Ohio Appellate Court evaluated a nurse’s care of the deceased patient which was one of the central issues in the case.1
- [Failure to Meet the Basic Safety Needs of a Patient](https://cphins.com/avoiding-professional-liability-bulletin-november-2015/) - As a certified/licensed nurse’s aide, you are involved in many aspects of your patients’ care. You are essential to your co-workers, especially the R.N. with whom you work.
- [Infection Control Procedures](https://cphins.com/avoiding-professional-liability-bulletin-october-1-2015/) - Exact adherence to infection control procedures is essential, regardless of your area of nursing specialty. In the following case1, the ED was the setting where infection control procedures were not followed with unfortunate results.
- [Interpreter Services and the Americans with Disabilities Act (ADA)](https://cphins.com/avoiding-professional-liability-bulletin-september-no-2/) - A male patient, who is deaf and uses American Sign Language (ASL) as his primary method of communication, went to the ED of a hospital after suffering severe abdominal pain. When in the ED, he asked for an interpreter so he could communicate with the ED staff. The hospital did not have an interpreter on staff and called one of the agencies the hospital uses for interpreter services.
- [Nurse Registry or Agency Work](https://cphins.com/avoiding-professional-liability-bulletin-july-152015/) - As has been discussed in prior Professional Liability Bulletins, when a nurse has allegedly injured a patient due to his or her professional negligence, the lawyer representing the injured patient will also name the nurse’s employer in the suit under the theory of respondeat superior and/or under the Corporate Theory of liability.
- [Case Study Part 2 - July 2015](https://cphins.com/avoiding-professional-liability-bulletin-july-2015/) - You may recall that one of June’s bulletins was a case study about Mary Clark, her difficult personal life, and the death of one of the residents at the Delta Nursing Home and Rehabilitation Center where she worked. At the end of the case study, questions were posed for you to consider.
- [Case Study Part 1 - June 2015](https://cphins.com/case-study-avoiding-professional-liability-bulletin-june-2015/) - I’m sure you have all had to care for “problem” patients during your nursing practice. Sometimes you are tempted to ignore their requests or wait until the last minute to enter their room to provide care. Added to the existence of a problem patient, you may be experiencing issues in your personal life that make caring for the “problem” patient even more frustrating.
- [Professional Malpractice or Simple Negligence?](https://cphins.com/avoiding-professional-liability-bulletin-june-2015/) - When a patient is injured or dies due to the conduct of health care providers, the question of whether the conduct was professional/medical malpractice or “simple negligence” is sometimes raised. The distinction is important because the proof required of medical malpractice cases is different than with “simple negligence” cases, since there is no need for expert testimony with the latter allegation. Simple negligence principles are applicable to conduct where the alleged negligent act may be readily determined by the jury based on common knowledge.1
- [An Avoidable Deadly Drug Reaction](https://cphins.com/an-avoidable-deadly-drug-reaction/) - In Brown v. Starmed Staffing1, a patient came into the ED with a swollen tongue and difficulty swallowing. The patient’s regular physician was called and the on-call physician from the office came to the ED and determined that the patient had probably had an allergic reaction to his blood pressure medication, Zestril.
- [Who is Responsible for the Death of a Long-Term Care Resident?](https://cphins.com/who-is-responsible-for-the-death-of-a-long-term-care-resident/) - In 2000, a female patient, age 54 years old, suffered a second debilitating stroke, and was admitted for total care at a nursing home.1 The patient also suffered from other diagnoses, including diabetes, hypertension, and depression. At times, the patient experienced pressure ulcers at the facility.
- [Patient Falls](https://cphins.com/patient-falls/) - Patient falls are a fairly common occurrence. According to several authors, up to 50% of hospitalized patients are at risk for falls and nearly half of those who do fall suffer injury.1 When there is an injury and a suit is filed, nursing staff and the facility in which they work, among others, can be named in the suit as the following case illustrates.
- [Failure to Monitor Patient Condition](https://cphins.com/failure-to-monitor-patient-condition/) - Constant monitoring and assessing a patient’s condition is a crucial responsibility of nursing practice in any clinical setting. In a 2010 Michigan case that settled for $475,000 before trial, this responsibility is underscored, as the facts clearly supported a possible verdict for the patient’s widow had the case gone to trial.1
- [In Memory of A.D.*](https://cphins.com/in-memory-of-a-d/) - I recently received information of the passing of a dear colleague and friend with whom I taught years and years ago in a nursing educational program at an eastern university. She was quite a personality: feisty, extremely bright, fun-loving and caring, not only of friends and family, but students and patients alike.
- [Delegation of Medical Administration](https://cphins.com/delegation-of-medication-administration/) - Delegation of patient care is a constant requirement when caring for patients. Doing so within the parameters of the “Five Rights of Delegation” is essential, as a nurse in Michigan learned the hard way.
- [Circulating Nurse Has Duty to Ensure Surgery Done on the Correct Anatomical Site](https://cphins.com/circulating-nurse-has-duty-to-ensure-surgery-done-on-the-correct-anatomical-site/) - Although there were many issues on appeal to the Arkansas Supreme Court in a 2012 case out of Arkansas1, the focus of the case for this Bulletin is on the circulating nurse’s negligence which contributed to surgery being done on the wrong side of a 15- year-old patient’s brain.
- [Alzheimer's Patients and Nursing Risks](https://cphins.com/alz-patient-risks/) - Patients diagnosed with Alzheimer’s Disease require unique care. Not only must their medical needs be attended to, their cognitive requirements must be assessed and the person’s plan of care tailored to those needs.
- [Expert Witness Affidavits Must Contain Specific Facts Either Supporting or Not Supporting Standard of Care](https://cphins.com/avoiding-professional-liability-bulletin-august-1-2016-expert-witness-affidavits-must-contain-specific-facts-either-supporting-or-not-supporting-standard-of-care/) - In Griffin v. Methodist Hospital 1, a patient’s lengthy stay in the hospital for numerous fatal medical conditions resulted in the development of foot drop. The foot drop caused the Achilles tendon to contract involuntarily and pulled the toes of the foot downward, thus causing an inability to walk. The patient and her husband sued the hospital and the treating physicians, alleging their professional negligence caused Ms. Griffin’s injury.
- [Patient Advocacy is an Ethical and Legal Duty](https://cphins.com/patient-advocacy-is-an-ethical-and-legal-duty/) - The Code of Ethics for Nurses With Interpretive Statement clearly states in Provision 3 that a nurse “promotes, advocates for, and protects the rights, health and safety of the patient”.1 This ethical duty includes many roles, such as protecting patient privacy and confidentiality, providing a culture of safety, and acting on questionable practices.2
- [Is a Nursing Home an Insurer of Resident Safety?](https://cphins.com/is-a-nursing-home-an-insurer-of-resident-safety/) - Mr. K., a 59-year-old retired Air Force officer, was diagnosed with Alzheimer’s Disease. The family decided they could no longer care for him at home and he was placed in a nursing home. Mr. K. was ambulatory but displayed hostile behavior and wandered frequently, attempting to leave the facility. Physical and chemical restraints were ordered by his doctor as needed.1
- [Patient Care by Student Nurses Can Result in Liability](https://cphins.com/patient-care-by-student-nurses-can-result-in-liability/) - As a student nurse, you probably know all too well that if a patient is injured under your care, you can face allegations of professional negligence if you do not adhering to your standard of care—that of the graduate nurse in the same or similar circumstances in the same or similar community. The following case illustrates this, and several other legal issues, when a student nurse’s conduct allegedly resulted in an injury to her patient.1
- [Taking Vital Signs: A Mundane Responsibility?](https://cphins.com/taking-vital-signs-a-mundane-responsibility/) - It does not matter in which role you practice nursing—R.N., APRN, nursing student or a C.N.A.—vital signs are something that you all do. You may sometimes think taking them is so routine you do so without much enthusiasm and sometimes without really paying attention to the results.
- [The Importance of Patient-Centered Communication](https://cphins.com/the-importance-of-patient-centered-communication/) - What would nursing be without communication and communicating with patients, patient’s families, other staff members, and other team members? Indeed, communication in all its forms is essential to the practice of nursing.
- [Shortcuts In Patient Care Are Legally Unsound](https://cphins.com/shortcuts-in-patient-care-are-legally-unsound/) - Probably all of you at one time or another have been tempted to take a shortcut here or there in patient care. Perhaps you are running late in leaving your shift or your nurse-patient ratio is much too high on a particular day. The temptation may be attractive for a second or two, but is never worth the risk, as the LPN learned in the following case.1
- [Know, And Follow, Your "Chain of Command"](https://cphins.com/know-and-follow-your-chain-of-command/) - There is no doubt that whether you are a nursing student, a novice nurse or a seasoned practitioner, you have heard of the chain of command in nursing practice. Although the definition of chain of command may vary slightly, generally speaking it is “the order in which authority and power in an organization is wielded and delegated from top management to every employee at every level of the organization. Instructions flow downward along the chain and accountability flows upward”.1
- [Is an Injury to a Patient Always Considered Negligence or Malpractice?](https://cphins.com/is-an-injury-to-a-patient-always-considered-negligence-or-malpractice/) - In 2002, a female 79-year-old patient suffered a stroke that resulted in her being “physically helpless”, unable to communicate verbally, and incapable of making decisions.1 After a short hospital stay, the patient was admitted to a nursing home.
- [The Importance of Research in Nursing Practice](https://cphins.com/the-importance-of-research-in-nursing-practice/) - When I was reviewing nursing research on the Web, I came across an interesting study done in 2010 in Hong Kong by several researchers.1 It studied the “effectiveness of a humor therapy program in relieving chronic pain, enhancing happiness and life satisfaction, and reducing loneliness among older persons with chronic pain.”
- [Nursing Notes Not Enough Support to Prove Physician Negligence; Expert Witness Testimony Required](https://cphins.com/nursing-notes-not-enough-support-to-prove-physician-negligence-expert-witness-testimony-required/) - P.C. was admitted to the hospital to undergo bilateral knee replacement.1 Prior to the surgery, he had blood drawn in the event that a blood transfusion was needed. After the surgery, a transfusion was needed but P.C. was given a unit of blood that was not his.
- [Team Relationships and Team Communication Affect Patient Care and Legal Liability](https://cphins.com/team-relationships-and-team-communication-affect-patient-care-and-legal-liability/) - It is not unusual for nursing staff to feel a sense of purpose and pride in the work they do with their patients. These feelings are often translated into such phrases as “We are a family,” We work as a team,” “We stick together.” Such teamwork requires delegation of specific tasks to unlicensed assistive personnel (UAPs) and others that are within their scope of practice. In an interesting study done in 2011, the effect of RN-UAP relationships on patient care quality and safety was evaluated.1 The UAP term was used to include many titles that assistive staff are given, including CNAs, UAPs, and nurse techs.
- [Discharge Instructions and Liability](https://cphins.com/discharge-instructions-and-liability/) - When a patient is discharged from a health care facility, the patient’s discharge instructions are an essential part of his care. When those instructions are unclear or incomplete and a patient is injured or dies as a result, legal liability is a potential result, as the following case illustrates...
- [What is Unprofessional Conduct in Nursing?](https://cphins.com/what-is-unprofessional-conduct-in-nursing/) - Nurse practice acts list unprofessional conduct as one of the bases a board of nursing can take disciplinary action against a nurse. You might ask what “unprofessional conduct” means.
- [Was the Nurse's Conduct in Ordering Seclusion and Restraint Professionally Negligent?](https://cphins.com/was-the-nurses-conduct-in-ordering-seclusion-and-restraint-professionally-negligent/) - In the September 6th, 2017 Bulletin, I wrote about a case where a nurse and several psychiatric aides were found liable for their handling of a patient who was out of control. In yet another case, which follows, the charge nurse’s management of an involuntarily admitted patient who was out of control is analyzed.
- [Was the Nurse Professionally Negligent When Ambulating This Patient?](https://cphins.com/was-the-nurse-professionally-negligent-when-ambulating-this-patient/) - In accordance with a physician’s order, it is necessary that a patient get out of bed and walk as soon as possible after surgery. In the following case1, the patient’s ambulation did not go as well as expected. Mrs. McBee was admitted to a nearby medical center for a hysterectomy. Leslie Glaser was one of her post-operative RNs.
- [Effective Communication Among Team Members Essential in Avoiding Patient Injury or Death](https://cphins.com/effective-communication-among-team-members-essential-in-avoiding-patient-injury-or-death/) - Effective communication among nursing staff and other caregivers on the patient care team have been the subject of several previous Bulletins. When I read an article by Susan Shepard, MSN, MA, RN, describing a case of poor communication among team members that resulted in the death of a patient, I thought it would be a good focus of this Bulletin.1
- [Nursing Documentation Key to Avoidance of Liability](https://cphins.com/nursing-documentation-key-to-avoidance-of-liability/) - You have probably heard ad nauseaum that good documentation of nursing care is essential for many reasons, one being avoiding potential liability in case an adverse event, such as injury or death, occurs to the patient. In the following case1, you can see how nursing documentation “saved the day.”
- [Resort to Court System an Option When Board of Nursing Decision is Problematic](https://cphins.com/resort-to-court-system-an-option-when-board-of-nursing-decision-is-problematic/) - Denise Campbell, LPN, worked at a Florida assisted living facility. When one of the facility’s resident was found unresponsive in the dining room, she instructed nursing staff to place the patient back in his bed to receive CPR. When checking the resident’s medical record during the move, it was determined that he had a DNR order. As a result, no CPR, nor any other treatment, was initiated, and the patient died later that day.
- [When It Comes To Patient Safety, Don't Overlook The Basics](https://cphins.com/when-it-comes-to-patient-safety-dont-overlook-the-basics/) - Patient safety is a never-ending legal obligation for you, regardless of your role in the delivery of patient care. One aspect of patient safety is to ensure, insofar as possible, protecting a patient from falling. In the following case1, a very obvious protection from a fall was somehow disregarded.
- [Causation an Essential Element of Professional Negligence Suit](https://cphins.com/causation-an-essential-element-of-professional-negligence-suit/) - You may recall from previous Bulletins that there are four essential elements of professional negligence that must be proven by the injured patient (plaintiff) in order to obtain a judgment against the person causing the injury (e.g., nurse). The elements are:...
- [Florence Nightingale's Enduring Influence on Nursing Practice Today](https://cphins.com/florence-nightingales-enduring-influence-on-nursing-practice-today/) - First, I want to wish all of you a Happy-albeit belated-Nurses Week 2018. My column schedule fell before and after the actual week so I was not able to express my wishes to you until now. I hope the week was a good one for you and know that in my mind, every week should be Nurses Week!
- [What is the Difference Between an Allegation of Professional Negligence VS. Ordinary Negligence?](https://cphins.com/what-is-the-difference-between-an-allegation-of-professional-negligence-vs-ordinary-negligence/) - In past Bulletins, I have focused on the requirement of experts in any case alleging professional negligence. An expert for the patient (plaintiff) and a nurse expert for the nurse and/or hospital (defendants) must provide testimony as to whether professional negligence occurred; that is, whether a nurse’s standard of care in the particular case before the court was breached or was met.
- [Nursing Staff's Failure to Provide Proper Care Causes Patient's Death](https://cphins.com/nursing-staffs-failure-to-provide-proper-care-causes-patients-death/) - ...Mr. Sosa was admitted to the nursing home on June 28th with diagnoses of hypertension, altered mental state, congestive heart failure, chronic kidney disease (stage IV), high cholesterol, respiratory failure, diabetes, dementia, encephalopathy, depression, COPD, and difficulty swallowing. He was fed by a gastrostomy tube. On admission he weighed 165 pounds. A registered dietician did a nutritional assessment in order to increase his tube feedings. However, it was not an accurate one due to the fact that she did not have his weight. Even so, Mr. Sosa maintained his admission weight for about a month. 9 days later, though, Mr. Sosa’s weight was 149, equaling a nine percent loss in body weight in less than two weeks...
- [Lack of Assessment and Monitoring of Patient Leads to Her Death](https://cphins.com/lack-of-assessment-and-monitoring-of-patient-leads-to-her-death/) - It is important to keep in mind that when a patient injury or death occurs due to a nurse’s professional negligence, it is not uncommon for the cause of injury or death to be easily preventable had nursing staff provided basic care. Such was the situation in the following case.1
- [Self Defense](https://cphins.com/self-defense/) - I once received a call from an angry patient who asked whether a therapist was permitted by law to physically strike a patient. When I replied: “it depends,” the patient was rather taken aback, to put it mildly
- [Referrals: Part 1](https://cphins.com/referrals/) - Most states have passed laws that prohibit specified health care practitioners from paying or receiving any remuneration, whether in the form of money or otherwise, for the referral of professional clients. Ethical standards of professional associations contain similar provisions. Therapists and counselors should be aware of the applicable laws and standards in their respective states and should make sure that none of their financial dealings either directly or indirectly amount to offering or accepting payment of any consideration as compensation or inducement for referring patients.
- [Disclosure to Patients - "No Court For Me" (?)](https://cphins.com/disclosure-to-patients-no-court-for-me/) - Every so often I am told by a mental health professional that somewhere in their disclosure document, their written policy statement, their informed consent form, or in a contract or agreement to be signed by the patient, there is a provision stating that the practitioner will not testify or otherwise get involved with attorneys during civil litigation or other legal or administrative proceedings.
- [Avoid These Mistakes](https://cphins.com/avoid-these-mistakes/) - This item addresses some areas of practice where a mistake (error) could lead to substantial consequences.
- [Avoid These Common Errors](https://cphins.com/avoid-these-common-errors/) - There are some routine and seemingly mundane aspects of practice that licensed persons must attend to in their therapy or counseling businesses.
- [Antitrust - A Variety of Concerns](https://cphins.com/antitrust-a-variety-of-concerns/) - Most mental health practitioners are likely not aware of the ins and outs of state and federal antitrust laws – and how these laws may impact their ability to earn a living.
- [Contracts - Hold Harmless Clauses](https://cphins.com/contracts-hold-harmless-clauses/) - During the course of practicing the profession, therapists and counselors from time to time enter into written contracts or agreements. For example, a therapist or counselor enters into a contract with his or her malpractice insurance carrier when obtaining coverage for professional liability.
- [Business License](https://cphins.com/business-license/) - Are you required by local law or ordinance to obtain a license to do business in the particular jurisdiction in which you practice?
- [Child Neglect / Endangerment](https://cphins.com/neglectendangerment/) - This topic came to mind as the result of three recent news stories from three different states. My immediate thought upon learning of each of these stories was that mental health practitioners can unexpectedly be thrust into very thorny situations that could result in significant exposure to liability if not handled wisely and appropriately. While the three news stories do not, to my knowledge, involve people who were actually in treatment at the time of the incident, the issue of the necessity of reporting child abuse or neglect is raised by the facts involved (assuming that the information had been shared by a patient with a treating mental health practitioner/mandated reporter). One story involved young “free range children” walking around the neighborhood without parental supervision. Another story involved teenagers, knowledgeable about boating, venturing out to sea on a small boat without adult supervision. The third news story involved a parent driving at an excessive rate of speed with a child in the car.
- [Confidentiality and Child Abuse Reporting](https://cphins.com/confidentiality-and-child-abuse-reporting/) - The duty to report child abuse is one of the exceptions to the practitioner’s legal and ethical duty of confidentiality. Many situations will arise during the course of a practitioner’s career that will present a question of whether or not a child abuse report must be made. Not all questions are easily resolved, and different persons working within the system (e.g., law enforcement, child protective services, mandated reporters) may have different answers or viewpoints. Resolving some of these thorny questions presents ethical and legal considerations, including the duties owed to a client or patient – not only the duty of confidentiality, but more generally, the “duty” to establish the kind of trusting relationship that fosters good treatment. Therapists and counselors are not law enforcement officers. Their primary duty and loyalty is to the patient.
- [Child Abuse Reporting 5](https://cphins.com/child-abuse-reporting/) - … Each state has a child abuse reporting law where licensed mental health practitioners and others are required to report known or reasonably suspected child abuse. These laws vary from state to state, sometimes in fine nuance. One aspect of the reporting law involves the time frame for making reports, which is usually rather short. Suppose that a pre-licensed person (a/k/a an intern) comes to a supervision session and describes information that was received from a patient four days earlier. Suppose further that the intern has described something that constitutes reportable child abuse, which he or she either missed or delayed beyond the required time frame for reporting in order to discuss the issue in supervision.
- [Child Abuse Reporting 4](https://cphins.com/child-abuse-reporting-2/) - … Are you required to report child abuse if your patient tells you of the abuse and that it has already been reported? The answer to this question necessarily depends upon state law, but my suspicion is that under most state laws, the answer may be “yes.” Using California as an example, there is nothing in the Child Abuse and Neglect Reporting Act that says that a report does not need to be made if it has already been reported. I have advised many therapists about this issue, and the easy solution is usually to report the abuse and to inform the agency receiving the report that you believe that this may already have been reported.
- [Immunity From Liability](https://cphins.com/immunity-from-liability/) - Most child abuse reporting laws provide immunity from liability for those mandated reporters who make a child abuse report that is either authorized (permitted) or required by the reporting law. The immunity granted under such a law is typically quite broad – in fact, it may be absolute.
- [Refusal to TAKE a Report](https://cphins.com/refusal-to-take-a-report/) - … One problem that has arisen for mandated reporters of child abuse is the occasional refusal or failure (due to unavailability) of the local child protective services agency (or the police or sheriff) to take a telephone report of child abuse from the mandated reporter. This problem would typically occur in a state that requires both a telephone report and a written report. California is such a state, and practitioners there have been met with the problem of refusals or unavailability when they call to report the suspected abuse.
- [Does A Statute Of Limitations Exist?](https://cphins.com/does-a-statute-of-limitations-exist/) - I have written extensively about child abuse and child abuse reporting requirements in prior issues of this Bulletin. Those articles can be found in the Archives (Legal Resources) on this website under the category “Child Abuse.” One area that I have not written about is the misunderstanding amongst some mandated reporters regarding the issue of an applicable “statute of limitations.” Suppose that a nineteen year-old patient tells a therapist that she was molested by an uncle ten years earlier. Or, suppose that a seventeen year old patient tells his therapist that he was molested by his uncle seven years earlier. What are the reporting requirements and what role, if any, does a statute of limitations play with respect to reporting in each of these examples? As I have written here many times before, state laws vary, sometimes in fine nuance, so my remarks below are based upon California law.
- [Neglect? - No Medical Treatment of Child or Treatment by Prayer](https://cphins.com/neglect-no-medical-treatment-of-child-or-treatment-by-prayer/) - … What if a therapist or counselor learns during the course of providing services that a child is not receiving medical treatment for religious reasons or that the parents have arranged for treatment of a child solely by spiritual means through prayer? Is the therapist or counselor required to report this information to the appropriate governmental agency because it constitutes child abuse/neglect? The answer to this question necessarily depends upon state law and upon the facts and circumstances of each particular situation.
- [Identity of the Reporter](https://cphins.com/identity-of-the-reporter/) - … Child abuse reporting laws in the various states are similar in many respects, although there are differences. Much of the focus of practitioners usually involves questions regarding whether something is required to be reported, or whether a report is permissible rather than mandated. I was recently made aware of another issue related to child abuse reporting that should be important to practitioners who are mandated reporters of child abuse and neglect. That issue is – what is the extent of the protection a mandated reporter has with respect to the confidentiality of his or her identity? Will the perpetrator be able to find out who made the report? Could the mandated reporter be endangered if confidentiality is not strictly adhered to? If the patient or client’s confidentiality is breached in some way, and the identity of the mandated reporter is thereby revealed, what is the remedy for the mandated reporter?
- [Child Abuse](https://cphins.com/child-abuse/) - … Some forms of child abuse may not be readily recognizable to practitioners. That is why a thorough knowledge of child abuse reporting requirements, which vary from state to state, is necessary in order to avoid being faced with the charge of failure to report – which could result in a criminal case against the therapist or counselor, or perhaps a licensing board action to revoke or suspend one’s license. Some examples of situations possibly requiring a report, which may not at first glance seem like child abuse, follow.
- [Child Abuse Reporting - Neglect](https://cphins.com/child-abuse-reporting-neglect/) - … When thinking about your reporting duties regarding child abuse, don’t forget about neglect. While many child abuse reports are made for physical abuse (e.g. physical injury inflicted by other than accidental means), sexual abuse or assault, and emotional abuse or child endangerment, the need to make a report involving neglect may be overlooked by the unwary therapist or counselor. Be careful. Most state child abuse reporting laws require that knowledge or reasonable suspicion of neglect of a child be reported. Each state’s definition may vary in fine nuance, so be careful.
- [Child Abuse Reporting 3](https://cphins.com/child-abuse-reporting-3/) - … Why is it important to know the time frame and manner of reporting required by state child abuse reporting laws? Because a failure to timely report child abuse could subject the mandated reporter to criminal liability... If the authorities determine that the late report was made because the therapist may have become aware that someone else reported the abuse and that it might be discovered during the investigation that the therapist failed to report, it is possible that the authorities will charge the therapist with a failure to report – usually a misdemeanor.
- [Child Abuse Reporting 2](https://cphins.com/child-abuse-reporting-4/) - … A man punches a pregnant woman in the stomach. If the therapist finds out about this in the course of therapy, does this constitute reportable child abuse? Depending upon the interpretation of state laws, the answer may vary. In some states, for example, a fetus is not considered to be a “child” for purposes of the child abuse reporting law, which may define “child” as a “person” under the age of eighteen. Check it out! What is the law in your state?
- [Child Abuse Reporting](https://cphins.com/child-abuse-reporting-5/) - … Therapists must know the nuances of the child abuse reporting laws in their respective states. Assuming that one is a mandated reporter, the liability here can be great. A failure to timely report child abuse can lead to disciplinary action by the licensing board and to civil liability - malpractice. Additionally, a failure to report may constitute a crime. Again, the nuances are critical. For example, how does your state’s law treat the issue of an adult who was abused as a child? A twenty- year old patient tells her therapist that when she was twelve, her gym teacher fondled her. This would generally not be reportable in California. The therapist is finding out that an adult was abused when a child. The adult client could report it if she wanted to. And, in California, at least to date (there have been efforts to change this), the therapist has no duty to investigate. How does your state treat this situation?
- [Child Abuse Reporting](https://cphins.com/child-abuse-reporting-6/) - … Suppose a therapist or counselor (mandated reporter) in state “A” is told by her sixteen year old patient that she was abused by her uncle in state “B” when she was visiting him there eight years earlier. Suppose that she calls the appropriate county agency (e.g., child protective services or a law enforcement agency) in State “A” to which reports must be made. She is told that since the abuse took place and the abuser resides in State “B,” that she should report in state “B.” If she does, she could be in big trouble – depending upon the nuances of the applicable state law...
- [Testifying in Court](https://cphins.com/testifying-in-court/) - … Therapists and counselors are sometimes exposed to the rigors of testifying in court or at a deposition. There are five general principles (there may be more), which may seem obvious to some, that are important to keep in mind.
- [Death of Patient](https://cphins.com/death-of-patient/) - While thankfully not an everyday occurrence, it is not a rarity that a patient unexpectedly dies during the course of treatment or shortly after termination. Death may result from natural causes, from a long standing illness, from an auto or other accident, from a criminal act, or from an unexpected suicide. The sadness of such situations is obvious, and the loss will obviously affect the therapist’s psyche and provoke a variety of thoughts. Very quickly, however, the therapist’s thoughts may turn to the issue of confidentiality.
- [Disclosure – How Much? How Direct?](https://cphins.com/disclosure-how-much-how-direct/) - Picture the following scenario as a prospective patient seeking therapy. You come to see a licensed mental health professional in a particular state for a free, as advertised, twenty-minute consultation designed to determine whether a professional relationship would be appropriate for both parties. You tell the practitioner that you have relationship problems with your spouse of twelve years, that you are employed as a district manager for a national corporation, that you have two children, ages 6 (a girl) and 10 (a boy), that you occasionally use cocaine and frequently smoke marijuana, and that you are a bit depressed. “I need your help. I have been told that you are a really good therapist. What do you charge per hour?” The following response is at times “tongue in cheek,” sarcastic, intended to be humorous, and presented to promote thought. Isn’t the more information disclosed best for the consumer? Maybe not?
- [The Fact Of The Relationship](https://cphins.com/the-fact-of-the-relationship/) - … Confidentiality is the cornerstone of counseling and psychotherapy. Privilege is a concept related to confidentiality, but privilege is different from confidentiality. I have previously written about that – but to repeat, privilege involves the right to withhold testimony in a legal proceeding, while confidentiality involves the duty of a therapist to not share patient information with third parties without the written authorization of the patient. Generally, in order for a communication to be privileged, it must be confidential. There are, of course, multiple exceptions under state laws to the duty of confidentiality. Confidentiality may be broken in specified circumstances and must be broken, at least to some extent, in other circumstances.
- [Domestic Violence – Mandatory Reports(?)](https://cphins.com/domestic-violence-mandatory-reports/) - … If one spouse, partner, or cohabitant intentionally strikes and injures the other, causing a physical injury, does the law in your state require that any kind of report be made?
- [Possession Of Child Pornography - Follow-up](https://cphins.com/possession-of-child-pornography-follow-up/) - The reader explained that she expected me to say (in the article) that in a case where abuse was clearly shown in a photograph depicting child pornography, that the abuse couldn’t be reported because both people in the photograph (an older man and young child – neither having any relationship with the patient in possession of the photo) were unknown. While that position may have merit in some states, I am reluctant to endorse it too quickly or too vigorously.
- [Americans With Disabilities Act (ADA) – Seeing A Deaf Patient](https://cphins.com/americans-with-disabilities-act-ada-seeing-a-deaf-patient/) - … I thought it might be useful to pass along some information related to a question that was recently asked of me. I was asked what the obligations were of a therapist or counselor if he or she agreed to see a deaf patient who was seeking professional services. More specifically, I was asked whether the therapist or counselor would be obligated to provide and pay for an interpreter? To my surprise, the answer seems to be “yes.” While there may be circumstances that would allow for a different answer, such as where an undue burden would be created by imposing these requirements upon a practitioner, see the article referenced below for a thorough and thoughtful discussion of this topic.
- [Cooperation With Child Abuse Investigator (?)](https://cphins.com/cooperation-with-child-abuse-investigator/) - … While practitioners must be mindful of the duty of confidentiality and must instinctively lean toward resisting (at least initially) disclosures without the patient’s signed authorization, it is also useful for practitioners to know well the exceptions to confidentiality – those that are required and those that are permissible. When some form of disclosure is mandated, the decision of the therapist or counselor (assuming awareness) is easy. When the disclosure is permissive, it does not necessarily follow that the practitioner should or will disclose without a written authorization. One hopefully interesting example follows.
- [Confidentiality / Privilege - Death of the Patient](https://cphins.com/confidentialityprivilege-death-of-the-patient/) - … I previously wrote about this topic, in a limited way, where I addressed the issue of the county coroner or medical examiner seeking information from a therapist or counselor in order to determine whether the death of the patient was the result of suicide or murder. When a patient dies, whether as a result of ill health, suicide, murder, or accident, the therapist or counselor will likely come face-to face with the issues of confidentiality and privilege. These issues can arise in any number of ways.
- [Dangerous Patient?](https://cphins.com/dangerous-patient/) - … Suppose that your patient is a commercial airline pilot who tells you that he has begun to occasionally snort cocaine, but not when he is flying (the plane). His identified problem is his deteriorating relationship with his wife and his feeling of sexual inadequacy. Must you keep the information about cocaine use confidential? Are you under any obligation to report this information to a governmental agency or to anyone else? Are you permitted (but not required) to break confidentiality and if so, should you?
- [The Search Warrant](https://cphins.com/the-search-warrant/) - … Suppose law enforcement officials unexpectedly appear at your office and inform you that they are there to execute a search warrant for the treatment file belonging to one of your patients. They ask you to cooperate and to lead them to the file. They explain that your client is suspected of being involved with serious criminal activity. What should you do? The answer will likely vary from state to state, since the law may be very specific in this regard. Generally, however, the law enforcement official, if armed with a search warrant (usually approved by a judge after a showing of some proof - e.g., probable cause - by the requester of the warrant), will be able to lawfully seize the file.
- [The Unexpected Caller](https://cphins.com/the-unexpected-caller/) - … Suppose you are counseling a mother and her child. Suppose further that you are aware that the father/husband (uninvolved in the therapy) knows that you are the therapist. One day the husband/father unexpectedly calls you and says that he has something to tell you which is very important to the work you are doing with his wife and daughter. After he identifies himself, he asks that you agree not to reveal the fact that he called or that he provided any information. Generally, you should be quick (even if you must interrupt) to tell him, if you choose to converse at all, that you cannot and will not promise confidentiality and that you don’t keep secrets from your clients. You should make clear that you are free to share any and all information with your patient, as you see fit. You should deliver this basic message in words that you are comfortable with. This is often enough to cause such a caller not to share any information with you.
- [Death of the Patient](https://cphins.com/death-of-the-patient/) - … Suppose that your client/patient doesn’t appear for a scheduled appointment and that shortly thereafter you are contacted by a deputy county coroner or deputy sheriff who says that he is investigating the death of your client/patient in order to determine whether the death was the result of a suicide or a criminal act. The investigator would like to talk with you and perhaps obtain a copy of portions of the records. While the typical and instinctive response might be to resist on the grounds of confidentiality, the law may allow or mandate your cooperation. Over the years, I have consulted with several therapists who wanted to cooperate because they believed that they had information that pointed to a suspect.
- [Fact of the Relationship](https://cphins.com/fact-of-the-relationship/) - … Care must be taken to protect the confidentiality of not only the records and communications between therapist and patient, but the “fact of the relationship” as well.
- [Confidentiality and Authorization Forms](https://cphins.com/confidentiality-and-authorization-forms/) - … One of the public policy principles that the HIPAA regulations were influenced by was the public policy incorporated in one state’s laws on confidentiality (applicable to physicians and mental health practitioners) to the effect that a therapist does not need a written and signed authorization from the patient in order to release confidential information about the patient to other licensed health professionals or licensed health facilities for the purposes of diagnosis and treatment of the patient. While therapists would be wise to obtain a signed authorization whenever possible, it is useful to know whether or not such disclosures are permissible in your state, and if so, the circumstances and conditions under which such disclosures may be made.
- [Duty to Warn](https://cphins.com/duty-to-warn-2/) - Media coverage of the March 2015 tragic airplane crash in the French Alps once again brought to the fore the related issues of a therapist’s “duty to warn” and confidentiality when treating the dangerous patient. Much of the debate and discussion in the national media focused on the following public policy question – when should confidentiality give way to the need to prevent serious physical harm to the public or to one or more individuals? One commentator responded to that question as follows: “The protective privilege ends where the public peril begins.” This clever (but vague) statement comes from the famed Tarasoff v. Regents of the University of California decision by the California Supreme Court in 1974, which came to be known, inaccurately, as the case which established a “duty to warn.”
- [Psychiatrist Shoots Patient](https://cphins.com/psychiatrist-shoots-patient/) - In a recent issue of the Avoiding Liability Bulletin (March 2014), I asked whether it was ever permissible for a mental health practitioner to be physical or violent with a patient, such as pushing, slapping, or striking the patient. My answer was an unequivocal “yes.” I wrote that violence sometimes rears its ugly head in a variety of circumstances, sometimes unexpectedly or unpredictably, and that mental health practitioners have a right to protect themselves. I proposed the unlikely circumstance of an angry patient attempting to stab his therapist, and the therapist’s right to punch or otherwise strike the patient – or more. A recent news story (July 24, 2014) from Pennsylvania, where a psychiatrist shot a violent/threatening patient in an exchange of gunfire in the psychiatrist’s office, illustrates well that violence against a patient is not just a theoretical question.
- [Preventing Gun & Other Violence…The Dangerous Patient](https://cphins.com/preventing-gun-and-other-violencethe-dangerous-patient/) - With the President, Vice-President, and Congress focusing on the prevention of gun violence as a result of yet another horrifying shooting incident in Sandy Hook, Connecticut, my thoughts once again turn to the issue of confidentiality and the dangerous patient. I approach this article not as an advocate for a particular profession, but from the perspective of trying to fashion good, sensible, and fair public policy, were these issues to be publicly debated. I welcome your thoughts, comments and opinions – if you wish to weigh in on this subject – although I will not be able to respond to you individually. I realize, of course, that opinions will differ on these issues.
- [The Dangerous Patient - Again!](https://cphins.com/the-dangerous-patient-again/) - … Two separate events spurred me to once again write about this topic. First, the Governor of California signed a bill into law in July of this year that, effective January 1, 2013, deletes the phrase “duty to warn” from the California immunity statute, Section 43.92 of the Civil Code. This law establishes immunity from liability (a “safe harbor”) for a psychotherapist who takes specified actions when the patient communicates to the therapist a serious threat of physical violence against a reasonably identifiable victim. The other event that spurred me to write this article was the shooting in the Aurora, Colorado movie theatre that resulted in the killing and wounding of scores of people. From the moment I heard about the shooting, I wondered whether the shooter was seeing a psychotherapist during the period of time preceding the shooting and what the psychotherapist might have known about the patient’s dangerousness. These two events, occurring close in time, made me once again focus on this thorny, nuanced, and critically important topic – important not only to the mental health community, but to society as well.
- [Immunity From Liability](https://cphins.com/immunity-from-liability-2/) - … In the April 2005 (Volume 2) issue of the Avoiding Liability Bulletin I wrote about a huge problem in the state of California with respect to the issue of the dangerous patient and the duty of a therapist. In large measure, the problem has likely been solved because of the passage of legislation that I worked on in conjunction with the sponsor of the bill, the California Association of Marriage and Family Therapists. The legislation affects California psychotherapists only, and its effect is to establish a “safe harbor” for psychotherapists who take certain actions when their patients communicate threats of imminent and serious physical violence against readily identifiable others.
- [Emotional Abuse of Children](https://cphins.com/emotional-abuse-of-children/) - A recent article in the newspaper drew my attention to the issue of psychological abuse or maltreatment of children, sometimes referred to as emotional abuse. According to the most recent annual report from the U.S. Department of Health and Human Services regarding child abuse and neglect data, 7.3% of the child victims suffered psychological maltreatment, while 9.1% were sexually abused.
- [Non-Compete Clauses](https://cphins.com/non-compete-clauses/) - Counselors and therapists may be employed by any number of business entities (e.g., nonprofit organizations, sole proprietorships, professional corporations, partnerships). Sometimes the employer requires, as a condition of employment, that the practitioner sign a written employment contract that contains a clause that seeks to limit the post-employment activities of the employee.
- [Duty to the Patient - When Does it Begin?](https://cphins.com/duty-to-the-patient-when-does-it-begin/) - Some may think that the relationship with the patient begins when the first session begins, or perhaps when it ends. Others may peg the beginning of the relationship to when the patient pays for the first session. Others may argue that the relationship begins when there is an oral (or written) agreement to provide services at an agreed upon fee, or after the patient receives the therapist’s disclosure or “informed consent” form. While this is a rather technical question and usually not of great importance, I am reminded of the situation where a therapist receives a telephone call from a prospective patient referred by a former patient of the therapist...
- [Advocacy for Appropriate Healthcare](https://cphins.com/advocacy-for-appropriate-healthcare/) - … Therapists or counselors may sometimes desire to advocate with insurers or HMOs for appropriate health care for their patients, but may be reluctant to do so for fear of retaliation by the insurer or HMO. This kind of advocacy essentially means that a health care practitioner may appeal a payer’s decision to deny payment for a service pursuant to the reasonable grievance or appeal procedure established by the payer, or to protest a decision, policy, or practice that the health care practitioner reasonably believes impairs his or her ability to provide appropriate health care to the practitioner’s patients.
- [Bequest from Patient](https://cphins.com/bequest-from-patient/) - In last month’s issue of the Avoiding Liability Bulletin (October 2007), I asked readers to ponder a scenario that involved a wealthy deceased client who left her former therapist a $10,000 bequest in her will in appreciation for her work with the patient and other family members over a long period of time.
- [Using Patient Information in Public Presentations](https://cphins.com/using-patient-information-in-public-presentations/) - It is not unusual for therapists to talk with colleagues about the work they are doing with certain patients or clients, either informally or as a presenter at a workshop. The question sometimes arises as to whether or not the therapist or counselor needs to obtain the authorization of the patient or client before they share any information with others.
- [Self Disclosure](https://cphins.com/self-disclosure/) - How much self-disclosure by therapists and counselors is appropriate?
- [Verbal Abuse - Free Speech](https://cphins.com/verbal-abuse-free-speech/) - There are situations that may arise in the course of practicing therapy where a therapist or counselor may need or want to confront a patient very directly and may do so in a manner that the patient dislikes.
- [Ethics](https://cphins.com/ethics/) - The various professional organizations that represent a variety of mental health practitioners have adopted ethical standards or Codes of Ethics. These organizations have also developed procedures by which ethics investigations are conducted and resolved.
- [Ethical Standards - Conflict with the Law](https://cphins.com/ethical-standards-conflict-with-the-law/) - Some practitioners have learned the hard way that they need to distinguish between ethical standards and laws. While a conflict between the two can occur in any number of areas of practice, I have seen a striking example in the area of confidentiality.
- [Equal Pay for Equal Work?](https://cphins.com/equal-pay-for-equal-work/) - Professional associations often hear from members about their concerns that health insurers and other third-party payers inadequately pay for services rendered by professional mental health counselors, marriage and family therapists, and other licensed mental health practitioners for covered mental health or psychotherapy services under group health insurance policies and other managed care arrangements.
- [Fees and Collections](https://cphins.com/fees/) - Are mental health professionals in your state permitted to charge and collect fees, in advance, for professional services to be rendered in the future (to individuals, couples, families, or groups) in a manner similar to the above? Does the law in your state proscribe certain marketing or contracting practices, or the use in advertising of certain words and phrases, with respect to fees? Should there be more state regulation with respect to “boutique” fee arrangements in order to protect consumers?
- [2014 ABC's: F - Fees](https://cphins.com/f-fees/) - Under what circumstances is it appropriate to raise a patient’s fee during the course of therapy? Does raising one’s fee during the course of therapy raise the issue of exploitation?
- [“No Shows”](https://cphins.com/no-shows/) - A reader raised some questions related to the amount charged to a client or patient who does not show for the scheduled appointment (or who cancels) and who fails to give the therapist or counselor the amount or kind of notice that the practitioner has asked for in his or her disclosure or office policy statement.
- [Fee Arrangements](https://cphins.com/367-2/) - Once in a while, therapists or counselors ask about the propriety of charging a lump sum fee, to be paid in advance, which is to be used by the client over some period of time in the future.
- [The Sliding Fee Scale](https://cphins.com/the-sliding-fee-scale/) - A CPH insured and reader of this Bulletin called me to ask some questions about “sliding fee scales.” I told her that I would write about the subject in the Avoiding Liability Bulletin since the questions raised are various and sometimes troublesome for practitioners. State law may or may not directly address this issue, and if does, the law may vary from state to state and by profession.
- [Sue the Patient?](https://cphins.com/sue-the-patient/) - Suppose that the patient has been allowed to delay the payment of fees and that the balance now owed to the therapist or counselor is, for example, $1500. Suppose further that the patient now terminates treatment and that the patient has not responded to one or two written requests for payment of the $1500 or some portion thereof. Is a lawsuit appropriate?
- [Raising Fees](https://cphins.com/raising-fees/) - One of the fundamental questions asked is whether or not it is appropriate to raise fees with respect to patients who are continuing in therapy and who have previously agreed with the practitioner on the fee to be charged.
- [Barter With a Patient](https://cphins.com/barter/) - What about barter with a patient - is it legal? Is it ethical? The answer depends. Therapists must first be aware of individual state law and regulation to see whether or not the state has taken a public policy position on this issue.
- [Disputes Over Fees](https://cphins.com/fees-2/) - Here’s a useful and common case example that may save you from a complaint or lawsuit by the patient. A lot of complaints (of various kinds) stem from a dispute over fees.
- [Immunity From Liability](https://cphins.com/immunity-from-liability-3/) - In most states, therapists and counselors are given “immunity from liability” in limited circumstances. It is useful to know when immunity from liability may be available, how one achieves it, and what it actually means.
- [Liability for the Acts of Others](https://cphins.com/liability-for-the-acts-of-others/) - Most private practitioners practice as sole proprietors. Some sole proprietors may unwittingly expose themselves to possible liability for the negligent acts of others.
- [Disciplinary Actions](https://cphins.com/disciplinary-actions/) - …Licensing (as a mental health professional) by the state is a privilege, not a right. Once licensed, however, the license is in the nature of a vested property interest. Licensees work hard to obtain a license and licensees want to keep their licenses in order to earn a livelihood. Licensing boards are charged with the duty of protecting the public, and they have the authority to impose discipline pursuant to procedures and standards usually set out in law. Each state has its own system, and some states provide more “due process” protections for licensees than others. For example, some states may have a statute of limitations that applies to (and bars) “stale” complaints, while others may place no limits on the Board’s ability to pursue complaints involving actions or behaviors occurring many years earlier.
- [Laws, Regulations and the Attorney Generals' Opinions](https://cphins.com/laws-regulations-and-the-attorney-generals-opinions/) - … There are various kinds of legal authority that affect counselors and therapists. It is important and useful to understand and recognize what these sources of legal authority are, that each of these sources of authority impacts your profession in a variety of ways, and that participation in the process of making and shaping public policy is important. Here are some basics – perhaps for a refresher or a reminder.
- [A Common Waiver](https://cphins.com/a-common-waiver/) - Privilege involves the right to withhold testimony in a legal proceeding. The privilege, however, is not absolute. Thus, there are times when the privilege may not apply – such as, when the patient has put into issue in a lawsuit his or her mental and emotional condition.
- [Waiver](https://cphins.com/waiver/) - … Typically, the holder of the privilege is the patient and not the therapist or counselor. Thus, the privilege can be claimed (asserted) by the patient or can be waived (given up) by the patient. Sometimes the patient waives the privilege as a matter of law and without knowing it. This typically happens when the patient, through his or her attorney, brings a lawsuit against another (the defendant) alleging physical and emotional harm suffered as the result of the negligent or intentional conduct of the defendant.
- [Privileged Communications](https://cphins.com/privileged-communications/) - … If you are covered by the psychotherapist-patient privilege or a similarly titled privilege, be sure to find out if the privilege exists in criminal proceedings as well as civil proceedings. This is most important in cases where the patient may be the victim of a rape. If the privilege applies, the defense attorney should have a difficult time obtaining psychotherapy records, even upon subpoena. While there are times when a judge may rule that the privilege must give way, the general rule is that as long as the patient hasn’t put her mental condition into issue in the legal proceedings, the privilege applies.
- [Privileged Communications](https://cphins.com/privileged-communications-3/) - It is critical for counselors and therapists to know whether or not they are covered by the psychotherapist-patient privilege (or a similarly named privilege).
- [Partnerships - Be Careful](https://cphins.com/partnerships-be-careful/) - One form of doing business is the partnership. Therapists or counselors who desire to form a partnership must be careful to check the law in their respective states in order to assure that such form of doing business, for the professionals involved, is permissible.
- [Professional Corporations: Part 2](https://cphins.com/professional-corporations/) - Can a marriage and family therapist, who is doing business as a professional corporation, hire one or more physicians to provide medical services to clients of the corporation, and can the corporation bill for such services? The answer to this provocative question depends upon state law.
- [Professional Corporations: Part 1](https://cphins.com/professional-corporations-2/) - MFTs and other licensed professionals sometimes conduct their practices as professional corporations rather than as sole proprietorships. Because the law varies from state to state, one must proceed carefully and must be sure that they determine what kind of corporation is legally permissible to render the kind of mental health or other services involved.
- [Keeping Treatment Records - How Much?](https://cphins.com/keeping-treatment-records-how-much/) - A reader has asked me to write an article addressing the following: “Please discuss the ins and outs of documentation of sessions.
- [Patient Records – Making Changes](https://cphins.com/patient-records-making-changes/) - Most state laws and applicable ethical standards of the various mental health professional associations dealing with medical or mental health records require that the practitioner keep, maintain, and destroy patient records in a manner that protects the privacy of the patient.
- [Testifying In Court Or At A Deposition](https://cphins.com/testifying-in-court-or-at-a-deposition/) - A therapist or counselor must be prepared to testify in court or at a deposition, under oath. Although some therapists and counselors may not like to testify, and may find it disruptive to their practices, there is sometimes no choice.
- [Records - Destruction at the Request of the Patient?](https://cphins.com/records-destruction-at-the-request-of-the-patient/) - Some states may not have a law that specifies the length of time that patient records must be maintained, but may leave it to the discretion of the practitioner and perhaps applicable ethical standards. Many states, however, do have laws that specify the length of time that patient records must be kept by a therapist or counselor. Do these laws provide for any discretion by the practitioner to comply with the wishes of the patient/consumer for early destruction?
- [Treatment Records](https://cphins.com/treatment-records-2/) - Therapists and counselors should recognize that good record keeping practices will often serve to protect both the practitioner and the patient/client.
- [Patient Treatment Records and Ownership](https://cphins.com/treatment-records-ownership/) - … One of the common questions asked is who is the owner of treatment records kept by therapists or counselors? The question is asked for a variety of reasons and in a variety of contexts. For instance, suppose a former patient requests or demands that you destroy the treatment records because of her concerns about privacy and confidentiality. She explains that she is a public figure and that exposure of such embarrassing details will be very damaging. When you refuse to comply, the patient claims that these are her records and that you must comply. Is she correct? What is the answer in your state?
- [Authorization Forms](https://cphins.com/authorization-forms/) - When you receive an authorization form from another, allowing you to release information to the named party, make sure you read it carefully. Does it authorize you by name? Does it refer to your licensure or functions appropriately?
- [Referrals: Part 2](https://cphins.com/referrals-3/) - … When does the duty to refer arise? I was speaking with a mental health practitioner recently who was dealing with a situation where a non-patient was in apparent need of therapy or counseling. The person in apparent need had referred a friend to the therapist, and the therapist was treating the friend. The person who made the referral e-mailed the therapist on more than one occasion, providing the therapist with information (some accurate, some not) about the patient. The therapist in such a situation should usually tell the person that nothing she (the informant) says is confidential, and that she (the therapist) is free to share this information with the patient. The therapist was also going to tell this person not to call or e-mail anymore and wanted to refer the person to a therapist because it was obvious that the informant had her own “issues.”
- [Termination of Treatment](https://cphins.com/termination-of-treatment/) - Suppose you are treating a minor, eleven years of age, with the consent of both parents. The court had ordered joint legal custody and the court order specifies that: “the consent of both parents shall be necessary in order to make any decisions with respect to the rendering of health care, whether physical or mental, to the minor.” Prior to the commencement of treatment, you obtain the consent to treat from both parents, complying with whatever the requirements are for documenting such approval. Three months later, one of the joint custodians calls the therapist and says that he withdraws his consent. He demands that the therapy end. The other joint custodian wants treatment to continue. Must the therapist comply with the request to end or terminate therapy?
- [Termination of Treatment](https://cphins.com/termination-of-treatment-2/) - If the termination of treatment process is not properly carried out, the attempt to end the professional relationship can constitute, or at least be argued as, an abandonment of the patient/client. This could lead to a lawsuit for damages, a complaint to the licensing board, and a complaint to the ethics committee of your professional association(s). While patients generally have a right to terminate at any time and for any reason, not so with therapists!
- [The Red Flags Rule (Revisited) – Congress Fixes “Problem”](https://cphins.com/red-flags-rule-revisited-congress-fixes-problem/) - I indicated in the June article that it was my view that the FTC went beyond the statute and the intent of Congress, and that there were federal court decisions that were supportive of that view. The FTC believed otherwise. I contacted a few attorneys at the time who were challenging or planning to challenge the FTC in federal court. I recommended that therapists and counselors check with their respective professional associations for their view on the Rule – and what they were recommending to their respective memberships.
- [The Red Flags Rule](https://cphins.com/the-red-flags-rule/) - Some of you may not be aware of this federal Rule, while others may have received information about the Rule from any number of sources. This article will discuss my view of the Rule and is in no way intended to offer advice to any particular practitioner or to interfere or argue with the positions taken, or the advice given, by any number of associations or organizations representing their respective members.
- [Treatment Outside of Your Office and Home](https://cphins.com/treatment-outside-of-office-and-home/) - The examples of such treatment away from office or home are limitless. While this kind of activity is in my view somewhat common and well accepted, there are issues that need to be considered by practitioners when working away from home or office.
- [The Regulation of Telehealth / Online Therapy and Informed Consent](https://cphins.com/the-regulation-of-telehealthonline-therapy-and-informed-consent/) - With respect to the issue of “informed consent,” earlier iterations of the telemedicine law required that prior to the delivery of health care via “telemedicine,” the health care practitioner was required to obtain the verbal and written informed consent from the patient.
- [Confidentiality - Disclosures to Patient](https://cphins.com/avoiding-liability-bulletin-october-2016/) - Below you will find topics that I have written about in prior issues of the Avoiding Liability Bulletin. I make brief comments here or ask questions to highlight some things to keep in mind or to research in order to help you minimize the likelihood of incurring liability.
- ["Immunity from Liability" vs. "No Liability"](https://cphins.com/immunity-from-liability-vs-no-liability/) - Last month I wrote about dangerous patient issues and the nature and breadth of the mental health practitioner’s duty to protect third parties (e.g., members of the public) from the violent acts of the patient. In that article, I wrote about the possibility of obtaining immunity from liability under state law in specified dangerous patient situations. A reader asked me to explain the difference between a practitioner “having no liability” and “having immunity from liability.”
- [Coaching?](https://cphins.com/coaching/) - I have consulted with licensed therapists who have asked, in a variety of contexts, whether they can safely (re: their liability) provide the service broadly called “coaching” with members of the public. My answers, as you might expect, always depended upon the facts and circumstances involved. In some cases, my answer and my advice strongly discouraged such activity. In other cases, I had no problem with the practitioner advertising and performing coaching services – as long as the practitioner fully understood the possible implications and the appropriate and safest way to pursue and implement a coaching business. At the time of those consultations, “coaching” was an activity unregulated by the state, and anyone could engage in the business of coaching, regardless of qualifications. Of course, the precise definition of coaching and the nature of the services to be rendered may vary.
- [Patient Suicide and Death by Rational End-Of-Life Decision](https://cphins.com/patient-suicide-and-death-by-rational-end-of-life-decision/) - While a patient’s suicide and a patient’s rational and legally supportable decision to end his/her life both result in the death of the patient, these two potential occurrences require mental health practitioners to act in different ways when presented with either scenario. Some may ask why I chose to write about these seemingly separate issues in the same article. Perhaps I do so because the term “physician-assisted
- [Child Abuse Reporting-Signed Statement Required?](https://cphins.com/child-abuse-reporting-signed-statement-required/) - State law (likely part of the child abuse reporting law) may require persons who enter employment as a “health practitioner” to sign a statement acknowledging their awareness of certain key provisions of the state’s child abuse reporting law and agreeing to comply with those provisions. Large employers like hospitals and other entities providing health services are typically aware of these requirements and provide the necessary form for the employed “health practitioner” to sign. However, a licensed mental health practitioner who hires an associate, intern, or other titled employee to work in a private practice as a supervised employee may overlook or be unaware of such a requirement. Similarly, a professional corporation or small counseling center may overlook such a provision when hiring licensed mental health professionals or pre-licensed persons. Some states may require licensing boards to notify new or renewing licensees of this or a similar requirement.
- [Practicing Across State Lines - An Interesting but Limited Example?](https://cphins.com/practicing-across-state-lines-an-interesting-but-limited-example/) - A California statute (part of the Psychology Licensing Law) allows psychologists who are licensed at the doctoral level in another state or territory of the United States* (or a Canadian province*) to offer and provide psychological services in California for up to thirty calendar days per year. This law provides generous opportunities to the many licensed psychologists in all of the states and provinces outside of California* and provides greater choice for consumers of psychological services in California. The statute allows these licensed psychologists from the rest of the country and Canada to come to California and to consult with and treat patients (or provide other psychological services) for thirty calendar days per year. Visiting psychologists come to California for a wide variety of reasons – whether connected to academic, consultation, forensic, clinical, facility-based, or not for profit services and activities.
- [Child Abuse Investigations](https://cphins.com/child-abuse-investigations/) - ...Therapists and counselors are generally aware of their child abuse reporting duties. But, situations can occur that may raise issues concerning the duty of a counselor or therapist to maintain confidentiality once a mandatory report is made. Suppose, for example, that a client or patient tells a counselor or therapist about conduct that requires the practitioner to report child abuse. Further suppose that the practitioner makes the child abuse report in accordance with the requirements of state law. A few days later, an investigator shows up at the practitioner’s office and wants to talk with the practitioner about the client or patient. Should the practitioner cooperate? Must the practitioner cooperate?
- [Immunities from Liability](https://cphins.com/immunities-from-liability/) - … While I have written about this topic before in a variety of contexts, it is worth repeating and consolidating. Therapists and counselors are, of course, concerned about avoiding liability. This is usually accomplished by acting in a competent manner and avoiding negligence – that is, avoiding actions or omissions that are below the standard of care of the ordinarily prudent practitioner of the same licensure under the same or similar circumstances. Ordinarily, a therapist or counselor is not “immune from liability,” as that term of art is generally understood, when he or she acts competently and appropriately. A patient or client may nevertheless decide to file a claim or suit against a practitioner in any case and the practitioner will need to defend against the allegations. This will typically involve the malpractice insurance carrier and may result in a settlement for nuisance value, a defense verdict, or a dismissal of the charges.
- [Dangerous Patient](https://cphins.com/dangerous-patient-2/) - Once again, following the mass shooting at an Oregon community college, there is much public discussion about mental health treatment, mental health reform, the dangers that some of those in need of treatment or those in treatment may pose to society, the restrictions that prevent disclosure of information by psychotherapists, and the restrictions that limit the ability of concerned family members to access information about the patient. With respect to the discussion about mental health more broadly, there is a strong sentiment to examine the role that mental health plays in these mass shootings and other displays of violence; and to examine what can be done within and by the mental health field to help lessen or prevent these mass attacks. One commentator wryly noted that “it’s not what is in their hands, but what is in their heads” when arguing that various aspects of the mental health system must be thoroughly reviewed and reformed.
- [“Duty To Warn”](https://cphins.com/duty-to-warn-3/) - … Only (my tongue is firmly implanted in cheek) thirty-six years after the landmark Tarasoff vs. Regents of the University of California decision of the California Supreme Court (1976), psychotherapists in California are getting closer to the day when the much misunderstood duty of a psychotherapist (triggered when a patient threatens physical violence against another) is no longer referred to in statute as the “duty to warn.” Even though so many, including the courts, have for decades inaccurately referred to the duty in California as a “duty to warn,” the actual duty is not a duty to warn. At one of the most critical junctures in a psychotherapist’s career (when a patient threatens physical violence against another), it is important for the therapist to know with precision what the duty is, if any, and what the law expects or allows in such situations.
- [Suicide / Self Harm - The Practitioner's Role](https://cphins.com/suicideself-harm-the-practitioners-role/) - … Occasionally I am asked to opine on the subject of a mental health practitioner’s participation in what can be called “supportive therapy” for someone who has decided to take his or her life. The reasons for the decision to end one’s life can vary widely, but the result, at least for me, is always the same. One scenario that I have been asked about more than once involves a client suffering from an eating disorder resulting in weight loss and malnutrition to the point of dangerousness to life. Attempted suicide is a crime in many states. Aiding or abetting a patient or client to commit suicide, or simply providing supportive counseling or therapy, might likewise, depending upon the circumstances, constitute a crime.
- [Dangerous Patients and the Therapist's Duty](https://cphins.com/dangerous-patients-and-the-therapists-duty/) - … In a previous issue of the Avoiding Liability Bulletin, under the heading of Dangerous Patients and the “Tarasoff Duty”(April 2005, Volume 2), I described a problem in California and asked about the law in your state regarding the duty, if any, on the part of a therapist or counselor to protect a third party from the threatened physical violence of the patient. The law varies in fine nuance from state to state, not only with respect to the issue of the specific duty and how it may be discharged, but with respect to the issue of when the duty is “triggered.”
- [Elder Abuse Reporting](https://cphins.com/elder-abuse-reporting/) - An interesting question that arises from time to time occurs when an elder tells a mandated reporter that he or she has suffered from some form of abuse – for instance, physical abuse or financial abuse – but the therapist or counselor does not believe the client. Must a report be made?
- [Dangerous Patients and the “Tarasoff Duty"](https://cphins.com/dangerous-patients-and-the-tarasoff-duty/) - … Wow - what a problem exists in California! Therapists are in somewhat of a precarious situation for a number of reasons related to a) the famed “Tarasoff” decision and subsequent court decisions interpreting the duty, and b) the statute that sought to give immunity to therapists under specified circumstances related to threatened harm by the patient against reasonably identifiable victims.
- [Elder Abuse / Dependent Adult Abuse Reporting](https://cphins.com/elder-abusedependent-adult-abuse-reporting/) - Elder abuse reporting can be a tricky area for some and may at times be overlooked. Here are some questions to ponder.
- [Elder Abuse](https://cphins.com/elder-abuse/) - … Make sure that you know what the definition of an “elder” (or similar word or term) is so that if you are a mandated reporter of “elder abuse,” you know exactly where and how the line is drawn – and when you have to break confidentiality to make a report to adult protective services (or a similarly titled agency). One state’s definition is “any person residing in this state, 65 years of age or older.” So, what if your twenty-five year old patient (in such a state) tells you that when he was in another state, he was informed by his eighty-five year old grandfather that he, the grandfather, was being neglected in a nursing home. Are you required to report?
- [Hypnosis / Hypnotherapy](https://cphins.com/hypnosishypnotherapy/) - … Suppose that a counselor or therapist is treating a woman who was the victim of a rape. Assume further that the practitioner is experienced and competent in the use of hypnosis or hypnotherapy (and is allowed by state law to utilize hypnosis in his or her practice) and has advertised that fact. After the client/patient tells the practitioner in some detail about the rape, but is unable to recall some important aspects of the vicious crime, she asks the practitioner to use hypnosis with her in order to assist in her recollection of some of the aspects of the rape. The practitioner believes that such recollection, in the long run, will be helpful to the treatment of the client/patient. Is the therapist or counselor allowed to do this? Are there any potential problems that must first be considered and addressed?
- [Dangerous Patients](https://cphins.com/dangerous-patients/) - Are you permitted or required to warn when the patient threatens serious and imminent harm to another? Would a claim of privilege be upheld if the patient was later prosecuted for harm caused to the victim, despite the warning from the treating therapist?
- [“Predicting” and Preventing Suicide](https://cphins.com/predicting-and-preventing-suicide/) - While practitioners cannot be expected to reliably “predict” or foretell suicide, competent practitioners are expected to be knowledgeable about the indicators of suicidal behavior...
- [Dangerous Patients - Duty to Warn / Duty to Protect](https://cphins.com/dangerous-patients-duty-to-warn-duty-to-protect/) - I have written extensively on this topic in this Avoiding Liability Bulletin and elsewhere. Over the years, statutes may have been enacted or amended and court decisions rendered in various states that have tweaked, changed, or clarified the duties of practitioners in dangerous patient situations. Each state treats the subject matter of dangerous patients (and duty to warn/duty to protect) according to its own statutes and case law. The California Supreme Court’s decision in the famed Tarasoff decision of 1976 (see below) has significantly influenced state courts and legislatures nationwide. Be sure that you know what the precise duty is in your state, when the duty is triggered, whether or not there is an immunity from liability statute in your state, and if so, what actions must be taken in order to be entitled to the immunity available. Knowledge of state confidentiality laws is also important because they may inform practitioners of when the law permits or requires disclosures in dangerous patient situations.
- [Confidentiality and the Dangerous Patient](https://cphins.com/confidentiality-and-the-dangerous-patient/) - Although I have previously written about this topic on several occasions (see Archives), the tragic shootings at Virginia Tech in April raise issues and concerns for therapists and counselors from a number of perspectives. While we do not know the full facts as to what involvement a counselor or therapist may have had in this occurrence, if at all (at this time it appears that there was none), there has been considerable discussion about the issue in general and some hypothesizing about what could happen in any given case. Because of the breadth of this issue, CPH and I have decided to devote this issue of the Avoiding Liability Bulletin to this one subject. While some of the information may be repetitive of earlier Bulletins, the subject warrants ongoing attention.
- [Breach of Confidentiality - How Much Accountability and to Whom](https://cphins.com/breach-of-confidentiality-how-much-accountability-and-to-whom/) - … Confidentiality is the primary cornerstone of psychotherapy. Without the promise of confidentiality, patients and clients would be reluctant to “open up” with their therapists and counselors, and as a consequence, successful treatment would likely be hindered. Therapists and counselors learn about confidentiality early in their careers and understand its importance. Hopefully, they also understand that a negligent or intentional breach of confidentiality can result in significant negative consequences for them.
- [Exception](https://cphins.com/exception/) - … What is the right of a therapist or counselor to communicate with other health care providers or facilities without the patient’s written authorization? This is an important question to answer. Each state may treat the answer somewhat differently. For HIPAA covered providers, the federal government has enacted regulations that make clear that such communications may be made without the patient’s written authorization – provided that the disclosures are for the purposes of the diagnosis or treatment of the patient. Pursuant to these federal regulations (known as the “Privacy Rule”), patients are required to be informed of this information in the required Notice of Privacy Practices” document. For those who are not covered by HIPAA, state law applies.
- [Confidentiality and HIPAA](https://cphins.com/confidentiality-and-hipaa/) - … How do your state laws interact with HIPAA regulations, primarily the “Privacy Rule?” What efforts are being made in your state to subject all practitioners to HIPAA requirements? What misconceptions do you or others have about HIPAA requirements and its applicability to your practice? It is important, from time to time, to think about these questions and to get answers so that you can stay abreast of changes that may affect your policies and practices concerning confidentiality and patient access to records.
- [AIDS / HIV](https://cphins.com/aidshiv/) - … Therapists often ask whether or not confidentiality may or must be compromised when the therapist finds out that the patient has been diagnosed with AIDS/HIV. The question comes in a variety of forms with a variety of scenarios. Because applicable laws may vary from jurisdiction to jurisdiction, as will ethical standards of the various professions, you must be sure that you fully understand the law and ethics in your particular state for your particular profession. If there is a conflict in the two, you will have to resolve the conflict. While each particular situation is different, therapists or counselors would generally be best served if they act in compliance with applicable law.
- [Confidentiality and Authorization Forms](https://cphins.com/confidentiality-and-authorization-forms-2/) - … The general rule is that therapists and counselors do not release patient information unless required or permitted by law to do so or unless specifically authorized by the patient in writing and signed by the patient. Oral authorizations are usually not valid. Some states specifically delineate the content of such forms...
- [HIV / AIDS and Confidentiality](https://cphins.com/hivaids-and-confidentiality/) - … Your client tells you that he has just tested positively for HIV/AIDS. Is this information entitled to the confidentiality that other patient communications enjoy? The answer to this and related questions necessarily depends upon state law, professional ethics, and the facts and circumstances of each particular situation encountered. At one end of the spectrum of circumstances possible is the situation where the patient has simply communicated to the therapist or counselor the results of the testing – that is, the existence of a medical condition or disease. At the other end of the spectrum is the case where the patient finds out the results of the test and proclaims that he is intent upon infecting as many people as possible and that he wants to take as many down with him as possible. In the middle, there are a myriad of possible circumstances.
- [Confidentiality](https://cphins.com/confidentiality-2/) - … While confidentiality is generally considered to be a cornerstone of psychotherapy, most mental health practitioners realize that there are multiple exceptions to confidentiality – some of which are required and some of which are permissive. Since it is the individual states that regulate the practices of medicine (including psychiatry) and the various licensed professions that provide mental health care, one must generally refer to state laws or regulations to determine the extent of confidentiality and the exceptions to confidentiality...
- [Communication With Other Health Professionals](https://cphins.com/communication-with-other-health-professionals/) - … While much has been written about confidentiality over the years, I was recently reminded of the reality that many licensed mental health professionals in California and elsewhere remain unaware of the basic and important proposition that a written and signed authorization from the patient is not required in order to communicate with or exchange treatment records or information with another health care professional or health facility, if done for purposes of diagnosis or treatment of the patient. The importance of this basic legal principle cannot be over emphasized, and its usefulness should not be under-estimated. The specific language used in a particular state law will determine the breadth of or limitations to this general principle. For those practitioners who are covered entities under HIPAA, the required Notice of Privacy Practices informs patients, among other things, of the fact that their personal health information can be used and shared, without their authorization, with other health professionals who are treating the patient.
- [Confidentiality - Insurance Reimbursement](https://cphins.com/insurance-reimbursement/) - The duty of confidentiality is often on the minds of practitioners when it comes to dealing with insurance companies and insurance reimbursement issues. The comments that follow do not cover the entire spectrum of issues that may arise, but rather, review several basic principles of law or practice related to confidentiality that are important to keep in mind as one deals with the various situations that may occur when dealing with insurers.
- [Duty to Warn](https://cphins.com/duty-to-warn/) - Media coverage of the March 2015 tragic airplane crash in the French Alps once again brought to the fore the related issues of a therapist’s “duty to warn” and confidentiality when treating the dangerous patient. Much of the debate and discussion in the national media focused on the following public policy question – when should confidentiality give way to the need to prevent serious physical harm to the public or to one or more individuals? One commentator responded to that question as follows: “The protective privilege ends where the public peril begins.” This clever (but vague) statement comes from the famed Tarasoff v. Regents of the University of California decision by the California Supreme Court in 1974, which came to be known, inaccurately, as the case which established a “duty to warn.”
- [Confidentiality: Some Basics Revisited](https://cphins.com/confidentiality-some-basics-revisited/) - For those who care about their profession as a psychotherapist, marriage and family therapist, mental health or professional counselor (whatever the description), they too should focus upon confidentiality and its critical importance to patients, to society, and to their chosen profession. State law (including regulations and case law) addressing confidentiality governs practitioners who are not subject to HIPAA. HIPAA’s “Privacy Rule” (federal regulations) applies to those who are “covered entities,” even if the “entity” is a sole practitioner (state law may also apply). State legislatures pass laws that either protect or encroach upon the confidentiality rights of patients, as does the U.S. Department of Health and Human Services in the form of federal regulations.
- [Fictitious Business Names](https://cphins.com/fictitious-business-names/) - Do not use a fictitious business name (d/b/a) that is false, misleading, or deceptive. While this statement is easily understood, some may advertise and thus hold themselves out in a manner that they may not consider or know is misleading.
- [Advertising, Statute of Limitations, Yelling at a Client](https://cphins.com/advertising-statute-of-limitations-yelling-at-a-client/) - In the February 2014 issue of the AVOIDING LIABILITY BULLETIN, I raised many questions for the reader’s thought, research, and discussion with colleagues. The questions were on a variety of topics, arranged alphabetically. Some of the questions, with my answers, follow. The answers are brief and are not intended to be a thorough exploration of the topic.
- [Barter, Neglect, Violence Towards Patients, and Patient Outings](https://cphins.com/barter-neglect-violence-towards-patients-and-patient-outings/) - In the February 2014 issue of the AVOIDING LIABILITY BULLETIN, I raised many questions for the reader’s thought, research, and discussion with colleagues. The questions were on a variety of topics, arranged alphabetically. Some of those questions, with my answers, follow.
- [Avoiding Liability – Revisiting Some Basics](https://cphins.com/avoiding-liability-revisiting-some-basics/) - This article will address, more broadly, the very title of this monthly column – “avoiding liability.” Seemingly, all therapists and counselors desire to avoid liability.
- [Do You Know Your ABCs?](https://cphins.com/do-you-know-your-abcs/) - Here’s something different. These questions, a few of which may seem far-fetched or odd, have arisen in the past in actual practice situations. They are included here to stimulate thought, research, and perhaps some discussion among colleagues. Some of these questions may be addressed by me in future Bulletins.
- [Law and Ethics: Questions to Ponder](https://cphins.com/law-and-ethics-questions-to-ponder/) - There comes a time when the practitioner believes that the patient presents a serious and imminent danger of violence against the patient’s supervisor at work and other employees. No specific threat has been articulated by the patient. Are the practitioner’s actions supportable? Are they lawful? Are they ethical?
- [Enforcement](https://cphins.com/enforcement/) - On March 16, 2006 the final rule on Enforcement under HIPAA became effective. This enforcement rule (federal regulation) relates not only to the Privacy Rule, but also to other rules adopted by the Secretary of the U.S. Department of Health and Human Services to implement the Administrative Simplification provisions of HIPAA (for example, the Security and Transaction Rules).
- [Dual Relationships 2](https://cphins.com/dual-relationships/) - DUAL RELATIONSHIPS: Do you know the difference between an ethical dual relationship and an unethical dual relationship? Does your licensing board know the difference? Are all dual relationships unethical? Are some dual relationships unavoidable?
- [Dual Relationships](https://cphins.com/dual-relationships-2/) - … Suppose a therapist or counselor allows the payment of a patient’s bill to be either fully or partially deferred at the request of the patient who is experiencing financial difficulties. Suppose further that the patient’s problems are serious and that the practitioner feels an ethical obligation to continue to treat the patient. Because of the length and frequency of the treatment, and because of the regular and customary fee of the practitioner, the amount owed by the patient soon spirals above $15,000. Later, when therapy ends, the patient refuses to pay the monies owed. What vulnerability, if any, does the therapist or counselor have? If the practitioner files a lawsuit against the patient to recover the monies owed, could he or she lose? Did the therapist unwittingly allow a dual relationship to occur – that is, did the therapist allow a debtor-creditor relationship to be established?
- [Expert Testimony](https://cphins.com/expert-testimony/) - … In a recent disciplinary action brought by the California Board of Behavioral Sciences against a licensed marriage and family therapist, charging the therapist with unprofessional conduct based upon the therapist’s involvement in a dual relationship with a long-term patient (in therapy for over 15 years), the Administrative Law Judge (ALJ) found against the Board and ordered that the Accusation against the therapist be dismissed. After the BBS reviewed the ALJ’s proposed decision, the Board adopted the proposed decision and the therapist was thus exonerated. The decision is particularly interesting because it addresses the topics of dual relationship and expert testimony.
- [Helping the Client in Tough Economic Times?](https://cphins.com/helping-the-client-in-tough-economic-times/) - … The issues that are discussed in this piece are not new, nor are they limited to occurring in the current economic condition existing in the country. However, a tough economy creates pressures on therapists, counselors and clients alike, and as a result, mistakes in judgment (and worse) may be more likely during such times. Mistakes made by patients or clients are usually not actionable by the therapist or counselor, but mistakes made by practitioners are sometimes detrimental to their professional and economic welfare. I know that my words below may provoke some into thinking that I am perhaps too rigid, too lacking in empathy, too concerned about liability, and perhaps not concerned enough for the general welfare of the client.
- [Conflicts 2](https://cphins.com/conflicts/) - In the July 2008 issue of the Avoiding Liability Bulletin, which was devoted to the topics of conflict and conflict of interest, I asked readers to ponder each of the following true or false questions and indicated that I would address them in a future issue of the Bulletin. My brief answers to these questions follow below. As I stated in the July Bulletin, the answer to each of these questions may vary from state to state, or perhaps, by profession. Additionally, I stated that reasonable minds may differ as to the correct or most appropriate answer. The answers that follow reflect my views only. They should not be taken as legal advice in any particular situation that may be encountered by a therapist or counselor. In such situations, therapists or counselors will want to consult with a colleague and/or with an attorney. State law or regulation may impact upon some answers, as will the ethical standards that may be applicable in a particular case.
- [Conflicts](https://cphins.com/conflicts-2/) - Counselors and therapists often encounter conflicts, or what may sometimes be referred to as “conflicts of interest,” during the course of conducting their private practices and in other situations. This article will explore several aspects or examples of such conflicts. It is interesting to note that the ethical standards for marriage and family therapists and for counselors do not, in large measure, address the subject. The concept of conflict of interest, however, is or may be involved under provisions of the codes that deal with issues such as dual or multiple relationships, prohibitions against exploitation, and gross negligence.
- [Gifts - To and From Patients](https://cphins.com/gifts-to-and-from-patients/) - … I have been asked to comment on how I feel about a therapist or counselor giving or receiving a gift from or to a patient. Is it legal? Is it ethical? Is it wise? Is it to be avoided at all costs? Can one get in trouble? As I cautioned in last month’s Bulletin regarding hugging and informed consent, the answer to such questions are not as easy as they first appear to be, and accurate and helpful answers depend upon the precise question asked - as well as the context. Is the mental health professional primarily interested in avoiding risk, or is he or she desiring to act in a certain manner - so long as it lawful and ethical - even if controversial or unconventional.
- [Attending the Patient's Wedding (or Other Significant Event)](https://cphins.com/attending-the-patients-wedding-or-other-significant-event/) - … A therapist or counselor may be asked to attend the wedding, graduation, or funeral of a particular patient or former patient. While this may happen infrequently, the therapist or counselor must be prepared for such a possibility. The request by the patient or the patient’s family may arise quite unexpectedly. Among the questions I am usually asked by the mental health practitioner are: Is it permissible? Is it lawful? Is it ethical? Does it constitute a dual relationship? Could I get in trouble?
- [Law and Ethics: Questions to Ponder, Continued & Confidentiality - Insurance Reimbursement](https://cphins.com/may-2016-bulletin-law-and-ethics-questions-to-ponder-continued-confidentiality-insurance-reimbursement/) - My brief answer to the questions raised is not intended to be compliant with a particular state law, as state laws will vary with fine nuance, and there are fifty states! Moreover, there are multiple professional associations with differing ethical standards, which also vary with fine nuance. The comments below are simply intended to be representative of an argument that might be made in support of the practitioner.
- [Writing Letters Re: "Comfort Animals" / Procedural Due Process](https://cphins.com/writing-letters-re-comfort-animals-procedural-due-process/) - A reader has asked for my thoughts regarding requests by patients to have treating mental health practitioners write letters requesting permission for “comfort animals” to be allowed in apartments, on airplanes, in “no pets allowed housing”, in on-campus, college housing and otherwise... Procedural due process generally involves the basic legal principle that if an administrative agency of the government is going to take away a person’s right to practice his or her profession, the government must give adequate notice of its proposed action and an opportunity for the licensee to be heard...
- [Payment for Supervision](https://cphins.com/payment-for-supervision/) - The issue of payment for supervision is once again being raised in California with respect to the marriage and family therapy and social work professions. This time the question being asked is whether an employer may lawfully charge or receive payment for supervision provided to an employed or volunteering intern...
- [Diversity And The Law](https://cphins.com/diversity-and-the-law/) - In the December 2009 issue of this Bulletin, I gave three examples of, and asked related questions about, the inter-connectedness of diversity issues and the legal issues involved with avoiding liability. I indicated that I would discuss the questions asked, and answer them, in a future issue of the Bulletin. The three examples are repeated immediately below...
- [Diversity](https://cphins.com/diversity/) - There are many legal issues affecting mental health professionals that involve the subject of diversity. Perhaps one doesn’t think about diversity issues and the legal issues involved with avoiding liability as interconnected, but they may well be. Here are only three examples of their inter-connectedness.
- [Home Visits](https://cphins.com/home-visits/) - … Michael Jackson’s death, and the investigation of several doctors, including one or more “concierge doctors,” raised the question of home visits for me. What would a licensing board do if it found out that a licensed professional counselor or licensed marriage and family therapist was living with a patient or client in order to provide around the clock monitoring and care for his/her mental health problems? What if this were done with a suicidal patient? I suspect that the licensee would be in considerable jeopardy, both ethically and legally, to say the least...
- [ABC's of Avoiding Liability - H: HIPAA](https://cphins.com/h-hipaa/) - What agency of government investigates patient complaints for a violation of HIPAA’s Privacy Rule? Is it a complete defense to such a complaint that the practitioner is and was not a “covered entity?”
- [HIPAA Examined By Congressional Committee](https://cphins.com/hipaa-examined-by-congressional-committee/) - The House Energy and Commerce Subcommittee on Oversight and Investigations, chaired by Rep. Tim Murphy of Pennsylvania, has held several hearings on the nation's mental health system, recently focusing on the Health Insurance Portability and Accountability Act (HIPAA) and how its application can help or hinder patient care and public safety.
- [HIPAA – Enforcement](https://cphins.com/hipaa-enforcement/) - According to statistics from the U.S. Department of Health and Human Services (HHS), of the complaints that have been received and resolved since the HIPAA (Privacy Rule) compliance date in April 2003, over sixty percent (60%) of the complaints have been closed because they were not eligible for enforcement.
- [HIPAA or No HIPAA – That Is the Question](https://cphins.com/hipaa-or-no-hipaa-that-is-the-question/) - For those of you who are sole practitioners or soon may become sole practitioners, are you a “covered entity” under HIPAA or not? Do you want to be a “covered entity” or not?
- [HIPAA, FERPA, and Student Health Records](https://cphins.com/hipaa-ferpa-and-student-health-records/) - As a result of confusion among health care professionals and school administrators throughout the country, the U.S. Department of Education and the U.S. Department of Health and Human Services have issued a joint guidance (November 2008) on the application of two federal acts – the Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability and Accountability Act of 1996 (HIPAA) – to student health records.
- [Right to Amend Records](https://cphins.com/right-to-amend-records/) - How does your state’s law differ from HIPAA regulations on the issue of the right of the patient to amend your mental health treatment records? Do you need to know the answer to this question?
- [Psychotherapy Notes/Records](https://cphins.com/psychotherapy-notesrecords/) - In a prior Avoiding Liability Bulletin (June, 2005 - Volume No.2), under the topic of “HIPAA – Patient Access to Records,” the definition of “psychotherapy notes” was included, since under HIPAA regulations “covered providers” are permitted to deny access to their “psychotherapy notes” when patients demand a copy of all treatment records.
- [Patient Access to "Psychotherapy Notes"](https://cphins.com/patient-access-to-psychotherapy-notes/) - Under federal regulations implementing HIPAA, a patient has certain rights with respect to inspecting and copying their health records when they make a specific request to do so in writing.
- [Subpoena for Records and Notes](https://cphins.com/subpoena-for-records-and-notes/) - Suppose the therapist’s mental health records and notes regarding the patient are subpoenaed by the defendant (the former employer) during the patient’s civil suit against her former employer. Is the defendant entitled to the “psychotherapy notes” as well as the “psychotherapy records”?
- [HIPAA - Parent Access to Records](https://cphins.com/hipaa/) - What is the difference between the way that HIPAA treats the subject of parental access to a minor’s records and the way your state law treats the issue?
- [HIPAA - "Covered Providers"](https://cphins.com/hipaa-2/) - Now that I mentioned HIPAA, why are so many practitioners under the impression that they are “covered providers” under HIPAA (the “Privacy Rule”) when they are in fact not?
- [Informed Consent: Part 1](https://cphins.com/informed-consent-2/) - … In the July 2006 issue of this Bulletin I answered one of the several questions I raised about “informed consent” – that is, whether the informed consent had to be written, dated and signed. Another question raised was whether therapists can be found civilly liable for failure to obtain “appropriate” informed consent even though they disclosed all that the state law required, or whether there is immunity from liability for making the required disclosures.
- [Hugs and Other Touching](https://cphins.com/hugs-and-other-touching/) - I have been asked for my opinion about hugging that may occur between a patient and a therapist or counselor. Is it proper? Is it lawful? Can I get in trouble? Should I do it only on special occasions or never at all? What about informed consent – is it necessary? These are interesting questions and are not easy to answer – even though it might appear that the answers are not that difficult. Some might say – “of course you can engage in non-sexual hugs with a patient. Hugging is simply a way to greet someone. It shows more warmth than a mere handshake or a nodding acknowledgment. We are allowed to be human with our patients and do not have to treat them like they have the plague or that they are so disordered as to not be able to engage in a common custom and practice. Some patients may initiate a non-sexual hug, and for the therapist to be forced to reject that gesture is both unnecessary and possibly hurtful to the patient.”
- [Informed Consent: Part 2](https://cphins.com/informed-consent-3/) - … In the March 2006 (Volume 1) issue of the Avoiding Liability Bulletin, I briefly wrote about and contrasted the words “consent” and “authorization,” and indicated that I would write about “informed consent” in a future issue. “Informed consent” (as opposed to a simple consent to treatment by an adult patient or by a parent on behalf of a minor) essentially and generally involves the disclosure of information to the patient and the discussion of such information with the patient so that he/she is agreeing to treatment with knowledge of the material facts necessary to make his/her decision.
- [Consent vs. Authorization](https://cphins.com/consent-vs-authorization/) - … These two words are often misused and misunderstood, not only by therapists and counselors, but also by state legislation (law) and by some professional organizations. HIPAA regulations (specifically, the “Privacy Act”), from the beginning, properly recognized the essential difference between the two words. Although HIPAA regulations do not apply to many private practitioners (those who are not covered entities/covered providers), it is helpful to look to those regulations as an example. In essence, a written authorization (as opposed to a “consent to release”) is the document or form that a patient signs allowing the health care provider to release confidential information, including the treatment records, to a third party. Many states have passed laws or regulations that specifically detail the required provisions to be contained in a valid authorization form. For those who are governed by HIPAA, the content of a valid authorization form is specified by the federal regulations.
- [Waiving the Copayment: Part 2](https://cphins.com/waiving-the-copayment/) - This topic was discussed in the last Avoiding Liability Bulletin (October 2010). It raised a few questions from a reader that I thought deserved mention here. The reader described a situation where the patient is unable to pay the copayment because he or she forgot the checkbook, or was not carrying enough cash.
- [Waiving the Copayment: Part 1](https://cphins.com/waiving-the-copayment-2/) - If a patient with insurance coverage is unable to afford his or her portion of the fee (the copayment) as specified in the policy, is it okay for the practitioner to waive, in advance, the patient’s copayment?
- [Keeping Your License – Brief Follow-up](https://cphins.com/april-2016-bulletin/) - Shortly after writing the March 2016 Bulletin, where I wrote about “driving under the influence” convictions leading to disciplinary action by a licensing authority, I learned of a study of alcohol use by lawyers and alcohol use, which has been described as rendering “alarming results.” The study was conducted by the Hazelden Betty Ford Foundation and the American Bar Association, and it concluded that as many as one out of three lawyers is a problem drinker and one out of four has some form of depression or anxiety. The study’s conclusions raise concerns for public protection, that is, the concern about lawyers with alcohol problems representing clients.
- [Keeping Your License – Some Thoughts](https://cphins.com/keeping-your-license-some-thoughts/) - The most valuable business asset you have is your license. While I have known people who have had their licenses revoked and continued to see clients for remuneration, they usually did so under a different rubric, such as life coach or some other name. They sometimes ask clients to sign a form that declares that they understand that the practitioners are not practicing psychotherapy or therapy. If and when the licensing board becomes aware of this, they will likely launch an investigation (often undercover) and file formal charges when they determine that despite the change in language, services are being rendered within the scope of the license. It does not matter what the practice is called, but rather, what matters is the actual service performed or offered to be performed – for remuneration.
- [Pre-licensed Employees - Disclosures](https://cphins.com/pre-licensed-employees-disclosures/) - … Pre-licensed employees, such as registered interns or those similarly titled, should disclose to clients at the outset of treatment that they are not licensed, that they work under supervision, and the name of their employer. In some states, one or more of these disclosures are required by law or regulation, or by applicable ethical standards. The reason why these disclosures should be made, whether they are required or not, is that they are fundamental to the client’s understanding of the nature of the professional relationship they are about to enter upon. If there is a misunderstanding about such basic and fundamental issues, it could lead to liability for the pre-licensed person and for the employer.
- [Mandatory Continuing Education - Does it work?](https://cphins.com/mandatory-continuing-education-does-it-work/) - … Most states require some form of mandatory continuing education in order for licensees to renew their licenses. What relationship do these mandates have to the state’s interest in protecting the public? What studies do licensing boards typically initiate to determine whether these mandates help to reduce the number or severity of disciplinary actions against licensees? Are there better and more substantive alternatives to the current system? Are mandates really needed?
- [Scope of Competence](https://cphins.com/scope-of-competence/) - … Licensing laws, regulations, and/or ethics codes will typically contain provisions that prohibit practitioners from engaging in practices or activities that are beyond the scope of their competence, as established by their education, training and experience. These rules typically leave it to the judgment of the individual practitioner to determine whether or not he or she possesses sufficient skills and abilities to engage in the activity. Even if competent, however, one may be prohibited from doing something because of the applicable scope of license. Physicians have the broadest scope of license of all health practitioners, but the rules about practicing within the scope of their competencies limit their activities. Although physicians can typically practice psychotherapy within the scope of their license, most do not do so because it is not within the scope of their competence. Likewise, not all physicians perform surgery even though it may be within the scope of their license.
- [Negligence vs. Gross Negligence](https://cphins.com/negligence-vs-gross-negligence/) - … What is the difference between the two? Why does it matter? As to the difference, negligence can be generally defined as the failure to exercise that degree of care that would be exercised by the reasonably prudent therapist under like circumstances – the “reasonable person test.” The term “gross negligence” may be defined as an extreme departure from the ordinary standard of conduct or the want of even scant care. In many states, licensing boards have authority to take disciplinary action against licensees who commit an act of gross negligence, but do not have the authority to take disciplinary action for an act of ordinary negligence. Repeated or multiple acts of negligence, however, may constitute grounds for disciplinary action. Both kinds of negligence are actionable in a civil action for monetary damages for the harm caused by the actions of the therapist or counselor.
- [Licensing and Certification](https://cphins.com/licensing-and-certification/) - … What is the basic difference between a licensing act and a certification act with respect to a specific profession?
- [Disciplinary Actions](https://cphins.com/disciplinary-actions-2/) - … State regulatory boards, as part of their enforcement duties, have various options with respect to how they handle less serious alleged violations by licensees. One such option is called “cite and fine” authority. It is important to carefully review the laws, rules or regulations that govern such authority by the board so that you know the consequences of any “settlement” and you know what your rights are in this area. Consultation with your professional association or a lawyer (at the earliest time possible) is prudent and often critical in any kind of investigation by the board.
- [Amending/Correcting Records](https://cphins.com/amendingcorrecting-records/) - A reader asked me to comment on how corrections should be made in a patient’s treatment records when a mistake or error has been discovered, such as writing the wrong date, CPT code, or accidentally writing the wrong word in the content of the note.
- [Treatment Records – Providing a Summary](https://cphins.com/treatment-records-providing-a-summary/) - What right, if any, does a mental health practitioner in your state have to provide the patient with a summary of the treatment records in lieu of allowing the patient to obtain a copy of the records or to inspect the records?
- [“Psychotherapy Notes” And “Psychotherapy Records”](https://cphins.com/psychotherapy-notes-and-psychotherapy-records/) - … A reader has asked me to “write a column discussing the difference between psychotherapy RECORDS and psychotherapy NOTES addressing the issue of privilege, subpoenas, confidentiality, content etc….”
- [Records - Removal of Information From File](https://cphins.com/records-removal-of-information-from-file/) - Does the therapist or counselor ever (under any circumstances) have a right or is it ever permissible to remove documents or information from the file prior to complying with the request for records?
- [Records - Stolen, Lost or Destroyed](https://cphins.com/records-stolen-lost-or-destroyed/) - The primary fear of the therapist or counselor when records are lost or stolen is that confidential information will be seen by a third party, thus violating the patient’s right to privacy and confidentiality. Accurate and complete records are important for the current therapist, for future treatment providers, and for the patient (e.g., when the patient may be relying upon the records to support his or her position in pending litigation – a common occurrence). Thus, it is important for therapists, supervisors and agencies to develop and implement policies that control access to patient records and that control the location, at all times, of records.
- [A Reminder : Honesty & Ethics](https://cphins.com/a-reminder/) - The caution is that when testifying about the extent of the mental or emotional harm suffered by a patient, the patient’s attorney may pressure the practitioner to testify to a degree of harm beyond that seen or believed by the practitioner. The practitioner must resist any such pressure and must make clear to the patient’s attorney and the patient that the practitioner’s testimony will be nothing but truthful, and that his or her professional judgment and integrity will not be compromised.
- [Confidentiality - Peer Group Communications](https://cphins.com/confidentiality-peer-group-communications/) - When participating in peer group communications, whether a more formal or structured listserv, or an informal group of mental health practitioners, questions or concerns about patient confidentiality may sometimes arise among group members. Some participants may be rather open when sharing information pertaining to a patient or former patient, while others may be more circumspect. With respect to determining whether there has been a wrongful breach of confidentiality, much depends upon the applicable law and the particular facts and circumstances of each situation, but a few general thoughts may be worth keeping in mind.
- [Regulatory Boards - Enforcement](https://cphins.com/regulatory-boards-enforcement/) - I was recently reading some proposed rules – more specifically – “disciplinary guidelines” and “uniform standards related to substance abusing licensees” – promulgated by the California Board of Psychology. Two provisions caught my eye. What is your first reaction or thought when you read each of the items? My brief thoughts and comments appear below.
- [HIPAA Regulations and Your Practice](https://cphins.com/hipaa-regulations-and-your-practice/) - The health and privacy rule is part of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). It covers the disclosure of an individuals’ health information in addition to standards for individuals’ privacy rights.
- [Ethics - Enforcement](https://cphins.com/ethics-enforcement/) - What is the difference between an ethics violation and a violation of a state law or regulation governing professional conduct? If your client or someone else alleged that you did something wrong, would you rather be involved with the system set up to handle ethics complaints, or would you rather be dealing with the state licensing board? The instinctive answer to the latter question might be that you would prefer not to be involved with the licensing board – assuming you had a choice between an ethics complaint and a complaint to the board. In a worst case scenario,...
- [Spousal Abuse & Confidentiality](https://cphins.com/spousal-abuse-confidentiality/) - Therapists and counselors will encounter a variety of situations where they learn of (or reasonably suspect) an act that constitutes, under state law, some form of spousal abuse, such as an assault or battery. Whether such knowledge or suspicion necessitates a report to a governmental authority or remains confidential depends upon a variety of factors. Most importantly, the practitioner must know whether there is a law that requires a report when spousal abuse is known or reasonably suspected, much like the laws dealing with child abuse and elder or dependent/vulnerable adult abuse reporting. Such a law may specify that it applies to spousal or domestic abuse situations or it may be more generalized – like requiring a report when there is a known or reasonably suspected physical injury inflicted upon a person and where the injury is the result of assaultive or abusive conduct.
- [Privilege and Confidentiality - A Deeper Look](https://cphins.com/privilege-and-confidentiality-a-deeper-look/) - In the September 2017 issue of this Avoiding Liability Bulletin, I raised several questions regarding the related but different principles of confidentiality and privilege. More particularly, I wrote about a situation where a licensed mental health professional reveals to a spouse the identity of a patient who enjoys some degree of notoriety in the community. The practitioner cautions the spouse about the sensitive and private nature of the information and discloses a few details about the treatment. The following questions were asked:
- [Patient Access to Treatment Records](https://cphins.com/patient-access-to-treatment-records/) - While mental health treatment records are owned by the practitioner (assuming a private practitioner/sole proprietorship), patients have certain rights with respect to accessing their treatment records. These rights are typically specified by state statute, but for those who are “covered entities” under HIPAA these rights are found in the federal regulations known as the Privacy Rule. Patients or clients may gain access to their records by either obtaining a copy of the records or by inspecting the records. From the practitioner’s standpoint, a request to inspect or obtain copies may be non-threatening in some cases, but in many if not most, the request may be a sign of impending trouble. The request or demand may come suddenly and without prior warning. A thorough and nuanced understanding of the many laws that deal with patient access to records is essential in order to deal effectively (and lawfully) with such requests.
- [Mandatory Reporting, Confidentiality When Communicating With Other Health Care Professionals and Access to Records vs. Subpoena for Records](https://cphins.com/alb-march-2018/) - Most licensed mental health practitioners are aware of their duty to report knowledge or reasonable suspicion of child abuse, elder abuse, and dependent or vulnerable adult abuse. They are also keenly aware of their duty to report such abuse within specified time frames, since a violation of such laws can result in serious consequences for licensees – that is, possible civil, administrative, and criminal liability. Practitioners may not be aware of other reporting duties that state law may impose upon licensees (or others that affect licensees).
- [Violation of Ethics Code - Notification of Licensing Board?](https://cphins.com/ethics-and-licensing-boards/) - Can your license be revoked or otherwise disciplined by the state licensing board for a violation of the code of ethics of the professional association that you belong to (assume the code of ethics is not incorporated by reference into the law or regulations, but is a separate and distinct document)? In considering this question, one possible scenario is that an aggrieved patient has chosen not to file a complaint with the licensing board, but rather, has filed a complaint (alleging a violation of the ethics code) solely with the ethics committee of a state or national professional association or society. A different scenario occurs when the patient has filed a complaint with the licensing board, alleging, among other things, a violation of one or more provisions of the professional association’s code of ethics. In either case, the licensing board could revoke (or otherwise discipline) your license for conduct that violates one or more provisions of the association’s code of ethics – but it depends upon a variety of factors, including, most importantly, the particular provision(s) of the ethical standards alleged to have been violated and the applicable laws and regulations involved.
- [A Brief Review of Some Duties and Requirements](https://cphins.com/alb-duties-and-requirements/) - What are the various duties or obligations of a licensed mental health practitioner? Are there both legal duties and ethical duties, and what about moral duties? Do legal and ethical duties apply only to the relationship with patients, or are they broader? Do licensed mental health practitioners in your state ever have a “duty to warn” or a duty to protect persons who are not their patients?
- [Confidentiality](https://cphins.com/confidentiality/) - What is the right of an individual participant in group therapy to confidentiality? Should (or must) practitioners ask group participants to sign a form where they each promise to keep as confidential the content of group member communications?
- [Confidentiality and Collateral Visits](https://cphins.com/confidentiality-and-collateral-visits/) - … Suppose that a mental health practitioner is seeing a couple for couple therapy. Suppose further that the practitioner desires to see the adult child of the couple for one or two sessions in order to better assess and treat the couple. This is generally considered to be a collateral visit, which usually involves a spouse, partner, sibling, or other family member related to the identified patient. With respect to insurance billing and reimbursement, a collateral visit is generally understood to be medically or psychologically necessary for the treatment of the patient, and it is primarily for the purpose of information exchange regarding the patient or for implementation of the treatment goals for the patient. Typically, the identified patient would pay for the session to be held with the person seen collaterally since the collateral visit is intended to further the interests of the patient.
- [Group Therapy](https://cphins.com/group-therapy/) - … I have previously written about this topic where I addressed the question of the confidentiality duties, if any, of the participants in group therapy. What I explore here is the situation where one of the participants in group therapy or counseling tells the practitioner something when they are not in the presence of the others (perhaps after the group session ends and the others have left) and expects confidentiality. In many of these cases, there has been no promise of confidentiality by the practitioner and there is no individual therapy or counseling taking place. Later, when relevant to the group therapy, the practitioner reveals that which was shared by the one group member. I have seen cases where the individual complains to the licensing board that the practitioner has violated his or her confidentiality.
- [Couple Being Treated](https://cphins.com/couple-being-treated/) - … Therapists and counselors often let patients know about confidentiality and the exceptions to confidentiality in a disclosure statement, given to the patient prior to the commencement of treatment. Such a statement may be required by law or by regulation. When the identified patient is the couple, it is important to be clear with the couple as to a variety of confidentiality issues and questions that may arise, such as who owns the records, when will information be released to third parties, how will the therapist or counselor react to a subpoena for records, and under what conditions will the therapist or counselor provide a copy of the records to one of the participants in couple therapy.
- ["No Secrets" Policy (Couple Being Treated)](https://cphins.com/no-secrets-policy-couple-being-treated/) - … When therapists and counselors view the couple as the client, a question arises about the confidentiality obligations of the practitioner as between the two participants. For example, suppose that the therapist or counselor sees the couple for several sessions conjointly and then decides to see them individually for a few sessions before bringing them back together. Are the communications between the therapist or counselor and the individual to be kept confidential as it relates to the other participant in the couple therapy? Or, may the therapist or counselor share such information with the other participant as he or she deems necessary and appropriate for the effective treatment of the couple – the identified patient? Prospective participants in couple therapy should be informed about the practitioners approach to this important aspect of confidentiality.
- [Group Therapy](https://cphins.com/group-therapy-2/) - … When a counselor or therapist is working with a group, the duty of confidentiality is of course upon the therapist or counselor. Suppose that one of the group participants tells his friend about the communications of other group participants. Is this a breach of confidentiality? While state law may vary, participants in group therapy or counseling are not generally required by law to keep matters discussed in group counseling or therapy confidential. In such states where that is the case, it is wise for therapists and counselors to develop a form, to be signed by the group participants, that explains why it is important for participants to be assured of confidentiality (e.g., so that they can freely share personal and perhaps embarrassing information about themselves so that the effectiveness of therapy can be maximized).
- [Conflicts: Treating Multiple Members of a Family](https://cphins.com/treating-multiple-members-of-a-family-conflicts/) - Many therapists and counselors treat more than one member of a family, either concurrently or consecutively. This occurs most commonly when a therapist or counselor sees a husband and wife in couples therapy, when a parent and child are seen conjointly and/or separately, when two or more children of the same family are seen together or separately, and in other situations too numerous to mention.
- [Treating A Couple](https://cphins.com/treating-a-couple/) - While I have written several articles in the Avoiding Liability Bulletin dealing with the psychotherapist-patient privilege, I have not yet directly addressed the issue of privilege when a therapist or counselor is treating a couple.
- [Group Therapy](https://cphins.com/group-therapy-3/) - One of the questions raised by those who do group therapy or counseling is whether or not the psychotherapist-patient privilege is waived or compromised by the fact that there are multiple people in the room when the confidential communication is made.
- [Group Therapy](https://cphins.com/group-therapy-4/) - With respect to the psychotherapist-patient privilege or similarly named privileges, the general rule is that the patient is the “holder” of the privilege. Since group therapy involves more than one patient, a question arises as to whether or not the communications and information about one of the group participants will be privileged if later subpoenaed in a lawsuit involving that particular group participant.
- [Breach of Confidentiality Claims](https://cphins.com/breach-of-confidentiality-claims/) - Therapists and counselors are expected to be keenly aware of their duty of confidentiality, but it is often the case that confidential information will be shared with a third party – sometimes lawfully and sometimes unlawfully. There are some breaches of confidentiality that are the result of negligence and some that are the result of intentional or willful conduct. I use the word “breach” to describe professional misconduct or an unlawful act – which could result in civil liability (the patient sues the practitioner for money damages) or an administrative action by a licensing board affecting the practitioner’s right to practice. In addition to “breaches,” therapists and counselors often lawfully break confidentiality by disclosing a patient’s confidential information to a third party with and without a signed authorization.
- [Discrimination And Ethics – Revisited](https://cphins.com/discrimination-and-ethics-revisited/) - Suppose that the counseling student did not seek to refer, but instead agreed to treat the individual or the couple. What disclosures, if any, would the student be required to make, prior to the start of treatment, to the prospective patient, and why would these disclosures be required? If not required, what disclosures should be made, if any, prior to the commencement of treatment, and why? How would full disclosure of the student’s orthodox Christian beliefs affect the patient and the therapeutic relationship? Should the student be permitted to become a school counselor?
- [Update: The Texas Association for Marriage & Family Therapist Case](https://cphins.com/update-the-texas-association-for-marriage-family-therapist-case/) - This blog is an update to our previously posted blog outlining the current case in Texas regarding the Right to Diagnose for Texas MFT’s.
- [Accreditation – Students File Lawsuit Against University](https://cphins.com/accreditation-students-file-lawsuit-against-university/) - Universities and colleges throughout the country, and programs within these institutions, seek accreditation or other approval from accrediting or like agencies for multiple purposes, but primarily to establish the bona fides of the institution or program in the milieu that they operate within. CACREP – the Council for Accreditation of Counseling and Related Educational Programs – is an accrediting agency that evaluates professional preparation programs within institutions of higher learning, such as school counselor master’s programs leading to state licensure as a professional counselor.
- [Discrimination And Ethics](https://cphins.com/discrimination-and-ethics/) - … A suggestion was made for me to write about a case where Eastern Michigan University (a public institution) dismissed a Christian student from its master’s degree program in school counseling for refusing to counsel a homosexual client during the practicum course. The practicum course and student handbook required, among other things, that all students in the program adhere to the American Counseling Association’s Code of Ethics and Standards of Practice, which, among other things, binds counselors to respect the diversity of clients, to not impose values upon clients inconsistent with counseling goals, and to adhere to a nondiscrimination policy in the delivery of counseling services to consumers. The student refused to provide relationship counseling services to the client because she believes that homosexuality is morally wrong and that it conflicts with her orthodox Christian beliefs. She would not engage in gay affirming counseling, and was dismissed from the program following an informal review and formal hearing process.
- [Testimonials](https://cphins.com/testimonials/) - While ethical standards of the various professions address this issue somewhat differently, there seems to be general agreement that imposing reasonable limits upon the solicitation of testimonials is both necessary and appropriate.
- [Pre-licensed Employees](https://cphins.com/pre-licensed-persons/) - It is important for licensees who employ pre-licensed persons in private practice settings to assure that the advertising by the pre-licensed persons, if any is done, is reviewed by those employers.
- [Advertising / Marketing on Groupon](https://cphins.com/advertisingmarketing/) - A question has been raised by a reader about the appropriateness of advertising and marketing by therapists and counselors of the kind that is done by and through Groupon or a similar service based upon the idea of the collective buying power by a community of consumers.
- [Pre-licensed Persons](https://cphins.com/pre-licensed-persons-2/) - It must always be remembered that advertising must be truthful and not false, misleading, or deceptive. This of course applies to licensees and to persons who are not yet licensed – such as interns, trainees, or similarly titled pre-licensed persons.
- [Advertising "Doctor/Dr."](https://cphins.com/advertising-doctordr/) - With respect to the word “doctor” or the letters or prefix “Dr.,” state law (the Medical Practice Act) in California makes it a crime (misdemeanor) for any person to advertise by using the word “doctor” or the letters or prefix “Dr.” when referring to himself or herself in advertising (e.g., on the Internet, a business card, sign) unless the person is licensed as a physician and surgeon.
- [Protected or Prohibited Words](https://cphins.com/protected-or-prohibited-words/) - An advertisement that contains a misrepresentation of fact or a failure to disclose a material fact, or that is likely to create false or unjustified expectations of favorable results, will typically be considered to be a false, fraudulent, misleading or deceptive statement. Similarly, claims of professional superiority or claims of performing services in a superior manner may be deemed to be such a statement.
- [Sliding Fee Scale](https://cphins.com/sliding-fee-scale/) - One of the most basic rules of advertising is that advertisements cannot be false, fraudulent, misleading, or deceptive. This principle is usually incorporated into state statutes and professional association ethical standards.
- ["Expertise"](https://cphins.com/expertise/) - Practitioners must pay attention to advertising issues because when they advertise they put themselves in the spotlight, not only with prospective patients, but also with regulatory boards, colleagues, and others.
- [Advertising](https://cphins.com/advertising/) - Most state laws make it a crime and a violation of the licensing law for a licensee to advertise in a manner that is false, fraudulent, misleading or deceptive.
- [Self Disclosure - Personal Blogs](https://cphins.com/self-disclosure-personal-blogs/) - When a person becomes a therapist or counselor he/she does not give up his/her basic personal rights or civil liberties. Thus, if someone wants to publish and maintain a blog wherein he/she shares his/her thoughts about particular topics, he or she is generally free to do so. Principles of freedom of speech and expression and the right to assemble and associate with others are embedded, in my view, in this broad right to live one’s life unconstrained by arbitrary restrictions or by unreasonable fears. It is, of course, the content of the blog that is critical to the determination of whether or not anything has been done that will subject the therapist or counselor to some jeopardy. Therapists and counselors must use their good judgment before publishing material that will be distributed so widely.
- [Advertising, Options for Patient Request for Copy of Records & Holding Insurers Accountable](https://cphins.com/november-2016-avoiding-liability-bulletin/) - Advertising is one way in which therapists and counselors can attempt to expand their private practices. Mental health practitioners vary in their views about advertising – both with respect to the nature and extent of any advertising undertaken and the manner in which they desire to be perceived by the public.
- [Mandatory Continuing Education - On a Lighter Note!](https://cphins.com/mandatory-continuing-education-on-a-lighter-note/) - With the long-standing dysfunction of Congress acknowledged by many inside and outside of government, and with no signs of a quick fix, I wonder whether a courageous legislator, or one with a good sense of humor, would think it advisable to introduce legislation or internal rules that would require all members of the House of Representatives and the Senate to obtain a minimum amount of continuing education every two years – just like is required for physicians, lawyers, mental health professionals, and realtors – to name a few. Similar legislation might also be useful for dysfunctional state legislatures. Such legislation might drive home a larger point - excessive regulation!
- [Definition of Psychotherapy](https://cphins.com/definition-of-psychotherapy/) - Some state laws or regulations dealing with scope of practice/scope of license, privilege, insurance reimbursement, or some other topic may define the word “psychotherapy.”
- [Videotaping / Risks](https://cphins.com/videotapingrisks/) - … Perhaps the most common component of an informed consent mentioned in state laws, ethical provisions and other sources of authority is the requirement to disclose the potential risks and benefits of the proposed treatment. As discussed in prior issues of the Avoiding Liability Bulletin, the necessity for an informed consent document may be specified in state law for limited and specific purposes (e.g., for e-therapy/telemedicine) or may be more generally required by law or recommended in ethical standards under a variety of circumstances. Rarely does the law specify what the actual risks or benefits are, but rather, the law more generally mandates that the practitioner must inform the patient of the risks and benefits, leaving it to the judgment of the practitioner to determine the actual disclosures.
- [Telepsychotherapy (E-Therapy)](https://cphins.com/telepsychotherapy-e-therapy/) - One of the aspects that I have previously written about involves practicing online with patients or clients that reside (at the time of treatment) outside of the state where the practitioner is licensed to practice. Unless the practitioner is licensed by the state in which the patient resides, an issue arises as to the legality of the treatment.
- [Telemedicine/Telehealth – Verbal Consent](https://cphins.com/telemedicinetelehealth-verbal-consent/) - I have written about telemedicine before – when I have discussed online therapy, e-therapy, or therapy delivered via the Internet. California has had a telemedicine statute for quite a while, and now it is undergoing significant change.
- [Online Therapy](https://cphins.com/online-therapy/) - The following was originally published in April 2005. To read more be sure to visit the Online Therapy/Telemedicine category of the Archives.
- [Online Education/Online Therapy](https://cphins.com/online-educationonline-therapy/) - It is interesting to me that online education has recently gained, and likely will continue to gain, increased acceptance nationwide. I think there are similarities with respect to providing counseling and therapy online, rather than in the traditional face-to-face manner, with that of the education experience described above.
- [Telemedicine - Hours of Experience Toward Licensure?](https://cphins.com/telemedicine-hours-of-experience-toward-licensure/) - How does the licensing board in your state handle the acceptability of hours of experience toward licensure as a counselor or therapist when the pre-licensed person gains hours of experience doing therapy or counseling over the Internet?
- [Telemedicine: Telephone Counseling/Therapy?](https://cphins.com/telemedicine-telephone-counselingtherapy/) - Is there a statute in your state that in some way regulates the practice of counseling or psychotherapy via telemedicine?
- [Online Therapy - Disclosure](https://cphins.com/online-therapy-disclosure/) - Whether or not required by state law or regulation, therapists who practice online therapy (e.g., intrastate) would be wise to make certain disclosures to the patient prior to the commencement of online therapy, and to obtain the patient’s written and informed consent prior to such treatment.
- [Online Therapy - HIPAA](https://cphins.com/online-therapy-hipaa/) - Among the many requirements of HIPAA, perhaps the most important one pertains to the Notice of Privacy Practices, which “covered providers” (see definition in the Archives – click on HIPAA) who have a direct treatment relationship with the patient must give to their patients “no later than the date of the first service delivery.”
- [Online Therapy - Insurance Coverage](https://cphins.com/online-therapy-insurance-coverage/) - Therapists and counselors often ask whether or not their malpractice (professional liability) policy covers them if there is a claim or lawsuit for alleged negligence in the performance of online therapy (sometimes called Internet therapy or e-therapy).
- [Online Therapy](https://cphins.com/online-therapy-2/) - Where does the therapy occur when a therapist in State “A” is treating a client or patient online who resides in State “B?”
- [Licensing Board Issues Warning to Patients who Travel Out of State! (Regarding Telephone Counseling / Psychotherapy)](https://cphins.com/licensing-board-issues-warning-to-patients-who-travel-out-of-state/) - Suppose that you have been treating or counseling an adult individual, or a couple, or a child for a period of time for a particular problem. You have informed the client of your office policies and any other information that is required or encouraged by state law or regulation (or by HIPAA) or by applicable ethical standards. At some point during the course of the professional relationship, you learn that the client will be leaving the state for a limited period of time to go on a vacation or business trip, to attend a graduation, wedding or funeral, or for other reasons. The client, while away, may need or choose to contact you by telephone and may require one or more sessions – whether for the typical “hour” or for a shorter period of time.
- [Contact with Patients Between Sessions Curtailed in California: A Dangerous Precedent](https://cphins.com/contact-with-patients-between-sessions-curtailed-in-california-a-dangerous-precedent/) - At the beginning of the professional relationship between psychotherapist and patient it is important for practitioners to think about how and when, if at all, they will inform their patients of their availability between regularly scheduled in-office sessions. Typically, practitioners want to see their patients during regularly or specially scheduled sessions. There are many practitioners who are open to other contact with their patients in between scheduled sessions, whether by email, text, telephone, or other electronic means. The manner of conducting one’s practice should be determined by the practitioner, provided that there is compliance with existing laws, regulations, and ethical imperatives. Hopefully, the laws, regulations, and ethical imperatives are reasonable and appropriate, and do not unnecessarily restrict patients and practitioners from interacting in mutually agreeable ways.
- [Procedural Due Process](https://cphins.com/procedural-due-process/) - This term generally involves the basic legal principle that if an administrative agency of the government is going to take away a person’s right to practice his or her profession, the government must give adequate notice of its proposed action and an opportunity for the licensee to be heard. In licensing board actions, also referred to as administrative or enforcement proceedings, these rights to notice and an opportunity to be heard are critical. The timing of the notice, the required content of the notice, and the manner and extent of the opportunity to be heard will vary from state to state, and may also vary depending upon the particular violation involved. For example, in more serious cases, where public safety is deemed at serious and imminent risk, prior notice can be extremely short. The concept of procedural due process is also an important concept in cases brought by ethics committees of professional associations against their respective members.
- [Scope Of Competence / Scope Of License](https://cphins.com/scope-of-competencescope-of-license/) - … May a licensed marriage and family therapist or a licensed professional clinical counselor provide a patient or client with some kind of massage or touch to relieve pain? If they do, are they necessarily liable in a negligence action brought by an aggrieved patient? May a licensed professional clinical counselor diagnose and treat mental order, regardless of the severity of the disorder? May a licensed marriage and family therapist or a licensed mental health counselor perform psychological testing with a client? May licensed mental health professionals provide “life coaching” to clients? Do licensed psychologists have a broader scope of license than licensed professional clinical counselors or licensed marriage and family therapists? These questions all relate to the joint concepts of scope of license/scope of competence.
- [Age of Consent for Mental Health Treatment in the State of Georgia](https://cphins.com/age-of-consent-for-mental-health-treatment-in-the-state-of-georgia/) - In general, Georgia law provides that the age of majority is 18 years, and every person under 18 is a minor, according to O.C.G.A. Section 19-7-2. According to this Statute, minors are not competent to consent to treatment by a mental health professional, and that parents must consent to treatment for their minor children who are under the age of 18. There are, however, several basic exceptions to this general rule. Those exceptions are as follows:
- [Responding to Requests for Children’s Treatment Records](https://cphins.com/responding-to-requests-for-childrens-treatment-records/) - Special care should be taken by therapists when a child is receiving counseling services, and the child’s parent requests a copy of all treatment notes and records.
- [Human Errors Happen in Healthcare More Often Than You Think](https://cphins.com/human-errors-happen-in-healthcare-more-often-than-you-think/) - Overall, you feel pretty good about the crew you work with, and while you hate to think about the possibilities of what could go wrong, you know you work for a reputable company and they have insurance for a reason.
- [An Outline of Commonly Encountered Litigation Issues For Mental Health Professionals (And How to Navigate Them)](https://cphins.com/common-litigation-issues-for-mental-health-professionals/) - Below is an outline, written by Attorney John M. Cox, that identifies common litigation issues for mental health professionals and provides some guidance on how to navigate them. This was originally presented to the American Association for Marriage and Family Therapy in 2015 and specifically concerns questions/issues that often arise in connection with litigation involving a mental health professionals’ client which can impact the professional’s practice, and if not handled carefully, could lead to exposure for a licensing board complaint. The outline below has been modified slightly to apply to all mental health licensures [and thus is not specific to only marriage and family therapy licensees]. The topics addressed generally apply to the spirit of all licensing board rules for mental healthcare professionals.
- [General Topics / Considerations for Mental Health Professionals to Prevent Exposure to Licensing Board Complaints](https://cphins.com/general-topics-considerations-for-mental-health-professionals-to-prevent-exposure-to-licensing-board-complaints/) - Below is a second outline to the previous article, "An Outline of Commonly Encountered Litigation Issues for Mental Health Professionals (And How to Navigate Them)," written by Attorney John M. Cox. This was also originally presented to the American Association for Marriage and Family Therapy in 2015 and specifically addresses considerations or general topics to prevent licensing board complaints and enforcement investigations for alleged board rule violations specific to mental health professionals. The outline below has also been modified slightly to apply to all mental health licensures [and thus is not specific to only marriage and family therapy licensees].
- [Telehealth / Teletherapy Practice in California: Resource Links Provided by CAMFT](https://cphins.com/cali-tele-camft/) - There's a cultural shift in the way mental health professionals are practicing now. As opposed to the traditional office setting, there's another alternative that has created a lot of buzz in the mental health professional industry: teletherapy / thelehealth. This creates both the opportunity for the therapist / counselor / mental health professional to "work from home" (or their chosen office setting location) while also creating convenience for their patients / clients to partake in sessions wherever they feel most comfortable.
- [Conviction of a Crime](https://cphins.com/conviction-of-a-crime/) - Do you believe that a licensed mental health professional should lose his or her license (and perhaps a successful career) after the licensee has pleaded guilty or “no contest” to one charge of petty theft – the result of a shoplifting incident? What if the conviction was for the misdemeanor of driving under the influence of alcohol or drugs? What if the crime committed was the misdemeanor of simple battery – the pushing of a next door neighbor during a boundary dispute?
- [Closing a Mental Health Practice](https://cphins.com/closing-a-practice/) - … A reader suggested that I address this subject, and upon reflection, I realized that in my many years of writing articles regarding legal and ethical issues affecting psychotherapists and counselors I don’t recall directly addressing this particular aspect of practice. Some have asked – what are the legal and ethical issues involved with closing one’s practice? Others ask – what is the practitioner required to do when closing a practice, and what should the practitioner do in order to protect herself/himself and his/her patients or clients? Some answers follow. It is important to understand that this topic is broader than it may first seem. This article will therefore not thoroughly address all aspects of the topic. Hopefully, the article will alert the reader to some of the more basic considerations and provide some general guidance.
- [The Dangerous Patient](https://cphins.com/the-dangerous-patient/) - ... The topic of dangerous patient bears revisiting from time to time, both because there are new readers and because the topic is often one of the more troubling aspects of practice for mental health practitioners, regardless of the setting in which one works. It is troubling because it may require or permit communications by the therapist or counselor to third parties, whether the police, a threatened victim, a family member, a friend, or another health care provider or health facility. Some of these communications may run counter to the instinct to abide by the duty of confidentiality, to the concept of privileged communications, and to the need for patient privacy. Also, in many cases involving threatened harm by a patient, the therapist-patient relationship may be severely affected, leading to an “unnatural” termination of the professional relationship.
- [Patient Management Upon Risk of Termination: Offering One or More Free Sessions](https://cphins.com/termination/) - The offer of one or more free termination sessions is something that therapists have used with patients regarding termination risk situations. These situations may involve patients who are, for one or more reasons, upset with the therapist or the therapy and who simply walk away – they do not attend one or more successive sessions. These situations may be more likely to result in some kind of claim, complaint, or lawsuit against the therapist or counselor. Practitioners in such situations should know that their conduct may come under scrutiny. It is in this context that the therapist or counselor may decide to offer the patient (who may already be reluctant to attend further sessions) one or more free sessions in order to seek appropriate closure...
- [Termination Of Therapy When the Client Stops Attending Sessions](https://cphins.com/termination-of-therapy-client-stops-attending/) - If clients “stop coming” to therapy, that suggests to me that there was a unilateral and perhaps un-communicated termination by the client in the form of successive missed sessions. It is dangerous to allow such situations to occur. The practitioner is liable for his or her professional negligence (acts of omission or commission) causing harm to the client. When the client fails to attend a session (or more) without a communication or indication that there is a desire to terminate the relationship, the liability of the practitioner is similar to the liability the practitioner has for actions of the client occurring between sessions. The therapist should promptly clarify with the client, or make a reasonable attempt to clarify, whether or not the client is unilaterally terminating the relationship, and if so, why. The failure to take such action, and to do so promptly, can result in liability for events that occur following one or more of the missed sessions.
- [Termination of Employment: Who "Owns" the Patient?](https://cphins.com/termination-of-employment-who-owns-the-patient/) - It is important to review written contracts of employment early and to understand how the issue of termination will affect patients being treated at the time of termination. Contracts that attempt to limit the patient’s ability to select the practitioner of his/her choice are, in my view, suspect. Employers are legitimately and understandably concerned with protecting their businesses and with not suffering unanticipated and significant losses.
- [TERMINATION – Disclosures to Patient](https://cphins.com/termination-disclosures-to-patient/) - One of the critical times in the therapist-patient relationship comes at termination. Much can go wrong if the termination is not handled properly, and I have written multiple articles about termination (see archives). Last month I briefly wrote about an ethical duty to terminate when it is clear to the therapist that the patient is no longer benefiting from the treatment and that continued sessions would be solely for the financial gain of the therapist. In situations where treatment has continued for many years, this ethical principle may come into play and could expose the therapist to allegations of wrongdoing or unethical behavior if and when the long-standing relationship sours.
- [Mental Illness, Guns and Dangerous Patients](https://cphins.com/mental-illness-guns-and-dangerous-patients/) - It seems that every time there is a mass shooting event, followed by an outcry for gun control legislation (and school safety), there is also a discussion about the “mentally ill” and whether limitations should be placed upon their ability to legally own or possess guns. Media discussions are filled with references to the “mentally ill” without clearly defining what is meant by the term “mentally ill.” With respect to reports to the FBI’s National Instant Criminal Background Check System (NICS), those who have been adjudicated a danger to self or others in an involuntary commitment proceeding must be reported by certain entities or persons. Those “mentally ill” persons are therefore not entitled to buy or possess guns. But after all of the media discussion following the recent Florida school shooting, what would be the result of a poll question that asked the public “should a mentally disordered patient be allowed to possess a gun?”
- [Potpourri](https://cphins.com/potpourri/) - Administrative Due Process – The term “administrative due process” refers to the due process rights of licensed mental health practitioners who are the subjects of enforcement actions taken by state licensing boards. At a minimum, administrative due process refers to the right to be notified of alleged unprofessional conduct and the right to be heard (e.g., at an administrative hearing). Exactly how that is implemented in a particular state depends in large measure upon the state laws that relate to administrative proceedings brought by state agencies against licensees of the state...
- [Child Abuse Reporting - Duty to Investigate?](https://cphins.com/child-abuse-reporting-duty-to-investigate/) - … Does a therapist or counselor generally have a duty to investigate in situations involving possible child abuse so as to determine whether a child abuse report must be made? Is there a duty on the part of a mandated reporter to seek information from the patient or others in order to identify or locate an alleged child abuser so that a possible child abuse report can be complete? The general answer to these questions appears to be “no,” but one must be careful to make sure that state law or a particular situation does not require otherwise.
- [Child Abuse](https://cphins.com/child-abuse-2/) - … Suppose your patient, a sixteen- year old boy, tells you that he started a fight with his classmate at school and that he punched the other boy in the nose, causing profuse bleeding and a broken nose. Must you report this as child abuse?
- [Alphabet Soup (A through M) – A Potpourri of Issues/Questions](https://cphins.com/alphabet-soup-a-through-m-a-potpourri-of-issuesquestions/) - The following questions and information are intended to stimulate thought, research, and discussion. I will address some of these issues in future Bulletins.
- [Child Abuse Reporting – A Dilemma Fully Explored](https://cphins.com/child-abuse-reporting-a-dilemma-fully-explored/) - … While I have written about this topic recently, I was asked to comment on the topic again – that is, the situation where a registered intern or trainee fails to report child abuse, and then discovers this failure to obey the law when receiving supervision. What is the dilemma created for the pre-licensed person, and what is the dilemma created for the supervisor? What are some of the legal issues involved?
- [Child Abuse Reporting – An Exception?](https://cphins.com/child-abuse-reporting-an-exception/) - … In an interesting case in California, an appeals court has ruled that a defense attorney in a juvenile court matter may hire his or her own psychotherapist (as an expert) to examine the minor defendant and to assist the attorney in the defense of the case, and that the attorney-client privilege covers the communications between the minor and the psychotherapist, rather than the arguably more porous psychotherapist-patient privilege. The case was a juvenile court proceeding, wherein a wardship petition was filed alleging that the minor had committed several “criminal” offenses under the Penal Code. The defense attorney sought a court order of appointment of the psychotherapist designated by the defense. To the extent that this decision is not overruled, the decision likely has wider application (in California) than to juvenile court proceedings.
- [Custody Disputes – Parent Reporting Child Abuse](https://cphins.com/custody-disputes-parent-reporting-child-abuse/) - Suppose that a client enters into a professional relationship with a counselor or therapist and explains that her marriage is falling apart. The kids are being negatively affected and she needs someone to help her through this stressful situation. She describes herself as being depressed. Not long into the professional relationship, the client tells the practitioner that she is concerned about her daughter, who is 11 years of age.
- [Emancipation of Minor](https://cphins.com/emancipation-of-minor/) - … What is the effect, if any, of your state’s emancipation of minor laws on your duty as a mandated reporter of child abuse? The answer to this question varies from state to state, but it is an important question to think about and to answer. One example of how this question may arise involves consensual sexual intercourse between minors or between a minor and an adult. Suppose that a fifteen-year old minor tells her therapist or counselor that she engaged in consensual sexual intercourse with her twenty-two year old friend. Suppose further that such information must be reported by the practitioner as a part of his or her duty to report known or suspected child abuse.
- [Treatment Of Minors Without Parental Consent](https://cphins.com/treatment-of-minors-without-parental-consent/) - ... California has been one of the more liberal states when it comes to allowing treatment of a minor without parental consent. Now, as a result of legislation signed by Governor Schwarzenegger in late September 2010, the law will soon significantly expand the rights of minors (twelve years of age or older) to access mental health care or counseling without the consent of a parent. Effective January 1, 2011, minors who are twelve or older will be able to obtain outpatient mental health treatment or counseling from, for example, a licensed marriage and family therapist, licensed clinical social worker, or clinical psychologist provided that the practitioner determines that the minor is mature enough to participate intelligently in such outpatient treatment or counseling. Licensed professional clinical counselors are not as yet covered by this law allowing for treatment of minors without parental consent.
- [Child Custody Disputes - Parental Alienation Syndrome](https://cphins.com/child-custody-disputes-parental-alienation-syndrome/) - Therapists and counselors who have been involved with patients or clients embroiled in a child custody battle may be aware of the controversy surrounding parental alienation syndrome, and its use or attempted use by practitioners who may testify as expert witnesses, such as those who act as child custody evaluators.
- [Family Law - "Joint Custody"](https://cphins.com/family-law-joint-custody/) - How is the term “joint custody” defined in the statutes governing family law matters (e.g., child custody and/or visitation) in the state where you practice? Does the term refer to physical custody, legal custody, or both? Why does it matter?
- [Consent to Treat Minor (Sole and Joint Legal Custody)](https://cphins.com/consent-to-treat-minor-sole-and-joint-legal-custody/) - Divorce (marital dissolution), child custody, and visitation disputes often involve very contentious parties who will not be hesitant to complain about a therapist or counselor who treats their minor child without appropriate consent.
- [Custody and Visitation Disputes - The Big Mistake](https://cphins.com/custody-and-visitation-disputes-the-big-mistake/) - … Suppose that you are treating a mother and her two children (ages 9 and 11) who are involved in a custody and/or visitation dispute with the mother’s spouse, the father of the two children. Suppose further that the mother’s attorney requests that you provide a declaration or affidavit wherein you describe the nature of the therapy you are doing with the mother and the girls, and that you express your opinions regarding what you believe would be a custody and/or visitation arrangement in the best interests of the children. The attorney for the mother agrees to provide you with appropriate written authorizations from the mother, both on behalf of herself and on behalf of her two children. Should you cooperate and comply? While the answer will vary depending upon the circumstances and applicable law, this commonly occurring aspect of practice is often a “land mine” for the unwary therapist or counselor.
- [School Counseling](https://cphins.com/school-counseling/) - Is a school counselor required to disclose a student’s pregnancy to the student’s parents if the counselor believes that disclosure is necessary to prevent harm to the student? Also asked was whether a school district and counselor can be held liable for failure to make disclosure to parents of such pregnancy-related or abortion-related information when the student suffers harm that could have been averted by the parents.
- [Conflicting Requests](https://cphins.com/conflicting-requests/) - … Suppose that a patient has signed an authorization form allowing you to release confidential information to a third party, but after leaving your office calls you to request that the information not be disclosed. Or, suppose the mother of a 10 year-old patient authorizes you to release information to the child’s private school, but before you send the records the father calls you and requests that you not send the records until he has had a chance to review them. How should you handle such situations? The answers to these questions depend upon a variety of factors, not the least of which is state law, but there are some general principles that can provide guidance in many such cases.
- [Parental Access to Records of Minor](https://cphins.com/parental-access-to-records-of-minor/) - … One area where I get repeated questions involves the right of parents to access the mental health records of their minor children. State law varies greatly and in fine nuance as to a parent’s right to access the records and information of their minor child. Some states require or permit the therapist to deny access to the records if the therapist determines that it would endanger the minor physically or psychologically....
- [Treating Children](https://cphins.com/treating-children/) - … When can a therapist or counselor treat or provide other services to a minor without the knowledge or consent of either parent? The law varies from state to state. One must be careful in this area of practice. While the first instinct of many might be to avoid seeing minors without parental consent, the law in many states allows mental health treatment of minors who have reached a certain age (in California, certain minors who are 12 or over may be treated without parental knowledge or consent). Payment for services will sometimes be a problem with regard to treatment of minors, but not always
- [Minors and Consensual Sexual Intercourse](https://cphins.com/minors-and-consensual-sexual-intercourse/) - During the course of one’s practice, it may become known that your minor patient, or a patient’s child, has engaged in consensual sexual intercourse with another person – who may be another child or an adult.
- [Pregnancy of a Minor](https://cphins.com/pregnancy-of-a-minor/) - … Suppose a therapist is treating a fifteen-year old girl who tells the therapist that she is pregnant and is thinking about obtaining an abortion. Is the therapist required to keep this information confidential? Must a report of child abuse be made? What is the liability of the therapist if the parents are not informed of this information by the therapist and the abortion takes place, perhaps causing the girl to become seriously depressed? The answers will necessarily depend upon the applicable laws in the particular state involved – and may vary from state to state. It is critical, however, that practitioners know or obtain the answers to these and other questions.
- [Breach Of Confidentiality? – No Revelation To Third Party](https://cphins.com/breach-of-confidentiality-no-revelation-to-third-party/) - … What duty of confidentiality does a therapist or counselor have with respect to the use of the information gained during a counseling session? For instance, suppose that a therapist learns something from a patient involving financial or business information related to a publicly traded company. It may be unlawful insider information or not. Or, suppose that a counselor learns that a client is selling a valuable parcel of real property. Should the therapist or counselor take action on this kind of information in an attempt to benefit, either directly or indirectly, from the information shared in the confidential counseling or therapy session? The short and safe answer to the question is “no.”
- [Possession Of Child Pornography](https://cphins.com/possession-of-child-pornography/) - …. A reader indicated that on a list serve she visited there was “considerable disagreement over the expectations of confidentiality for a client in possession of child pornography.” She asked that I consider writing about this topic. I am not surprised that there was considerable disagreement. Many interesting issues and questions can arise for the practitioner in this area, and clear, helpful answers depend upon the factual and clinical particulars involved, and most importantly, the precise question(s) asked.
- [Crimes and Confidentiality](https://cphins.com/crimes-and-confidentiality/) - In the December 2014 issue of the Avoiding Liability Bulletin I asked a series of questions related to past criminal acts committed by adult patients/clients and how such information, gained during the course of treatment, would affect the mental health practitioner’s duty of confidentiality. This article will explore some of those questions and the public policy and professional issues raised by them. The questions assume that the practitioner is licensed by the state to provide mental healthcare, that the practitioner is acting in a treating role rather than in an examining role, and that the practitioner is providing services in a private practice setting. The laws of each state may vary, (sometimes with fine nuance!) on some of these questions and with the comments that follow. Thus, the discussions below should not be taken as legal advice in particular situations, but are meant to stimulate thought, discussion, and research.
- ["An Alphabet of Reminders, Information..."](https://cphins.com/an-alphabet-of-reminders-information/) - A . Always remember to renew your license and your malpractice insurance policy. Practicing without a license or malpractice insurance, even if the result of a clerical error, can have significant adverse consequences when an unexpected event occurs during that period of time when there has been a lapse. Don’t rely upon the state or the malpractice carrier to remind you – calendar the key dates and avoid stress and possible problems, including personal liability.
- [Do You Know Your ABC's...?](https://cphins.com/do-you-know-your-abcs-2/) - Avoiding Liability Bulletin - August 2013
- [Alphabet Soup for the New Year (2014)](https://cphins.com/alphabet-soup-for-the-new-year-2014/) - Avoiding Liability Bulletin - January 2014
- [Privilege and Confidentiality](https://cphins.com/privilege-and-confidentiality/) - … It is important to know the difference between confidentiality and privilege. If you do, you will be less likely to get into trouble. The terms are often used interchangeably, but they shouldn’t be. Confidentiality is both a legal and ethical duty not to share information about the patient with third parties without the signed authorization of the patient or unless disclosure is required or permitted. Privilege (e.g., psychotherapist-patient and other recognized privileges) involves the right to withhold testimony or records in a legal proceeding. When the issue of privilege arises, that typically means that records are being subpoenaed or the therapist has received a subpoena to appear in court or at a deposition.
- [Privileged Communications](https://cphins.com/privileged-communications-2/) - Assuming that the psychotherapist-patient privilege (or similarly titled privilege) exists in your state for your license or certification, who is the holder of the privilege when you are treating a minor?
- [Parental Access To Records](https://cphins.com/parental-access-to-records-2/) - When must or may the practitioner allow the parent to inspect the minor patient’s records? When must or may the practitioner deny access to the parent? What rights, if any, does the minor child (the patient/client) have with respect to parents accessing the records?
- [Access to Records - "Noncustodial Parent"](https://cphins.com/access-to-records-noncustodial-parent/) - It is important for therapists and counselors to know the law with respect to parental access to a minor patient’s mental health records. Most state laws allow (or require) practitioners to deny access to the complete records under specified circumstances.
- [Keeping Treatment Records](https://cphins.com/treatment-records/) - The often-asked question of mental health practitioners is: For how long should I keep patient treatment records before destroying them? Some ask whether the records should be kept indefinitely.
- [Duty to the Patient - Termination of Treatment and Understanding Your Patient - Therapist Relationship and Expectations](https://cphins.com/termination-and-referral-when-does-the-duty-to-the-patient-end/) - … If the termination of treatment process is not properly carried out, the attempt to end the professional relationship can constitute, or at least be argued as, an abandonment of the patient/client. This could lead to a lawsuit for damages, a complaint to the licensing board, and a complaint to the ethics committee of your professional association(s). While patients generally have a right to terminate at any time and for any reason, not so with therapists!
- [Treating Children – Selected Legal Issues](https://cphins.com/treating-children-selected-legal-issues/) - Therapists and counselors treat children both with and without the consent of one or both parents. It is not uncommon for practitioners to get confused about what the rights of the minor patient may be in particular situations, what the rights of a parent or the parents are, and how confidentiality and privilege are affected under particular circumstances. This article is intended to focus the reader on some legal aspects of treating children and to raise some questions that practitioners must answer in order to avoid difficulties.
- [Parental Rights to Access Child's Records](https://cphins.com/parental-rights-to-access-childs-records/) - … When a minor is the identified patient and is being treated by a mental health practitioner, what rights do the parents have to inspect, review, or obtain copies of the records of the child? Does the minor’s right to confidentiality trump the parental rights to access the records?
- [Disciplinary Actions and Family Law Matters](https://cphins.com/disciplinary-actions-and-family-law-matters/) - There is a difference between saying that a person (the client) would make a good custodial parent and saying that the child would be better off if custody were with the client...
- [Brief Reminders / Questions For New Year](https://cphins.com/brief-remindersquestions-for-new-year/) - Advocacy: Do you consider yourself to be an advocate for your clients? Is advocacy a part of your legal or ethical responsibilities or does it depend upon the circumstances? When you testify in court, you would generally not be an advocate. You would be there to honestly and truthfully answer the questions that you are asked and you would not exaggerate, embellish, or hide things to protect your client. On the other hand, if you and your client are dealing with an insurer, it may be quite appropriate for you to advocate for the care that you believe will benefit the client and to challenge denials of payment for medically necessary care.
- [Know Your Risks: Family Law, Fictitious Business Names, Privilege / Confidentiality, Subpoenas / Privilege, Testimony Under Oath and Child Abuse Reporting](https://cphins.com/know-your-risks/) - One of the most important things for practitioners to know about family law involves the issue of child custody. More specifically, it is important to know the difference between physical custody and legal custody (or terms of similar import), since this will generally determine which parent has the legal authority to consent to the treatment of a child or access a child’s treatment records, which parent is authorized to make the decisions regarding the health, education, and welfare of the child, or whether the consent of both parents will be required in order to commence treatment. It is often wise and sometimes necessary to ask a parent to provide the practitioner with a copy of the most recent court order regarding child custody/visitation and to check with that parent’s attorney if there are any questions, ambiguities, or suspicions.
- [Treatment of Children - Joint Legal Custody](https://cphins.com/treatment-of-children-joint-legal-custody/) - In the September 2017 issue of this Avoiding Liability Bulletin, I raised a number of questions concerning situations involving the treatment of children during the period of time that there is a custody dispute or an existing court order regarding custody affecting parents who are divorcing or who are already divorced. More specifically, I asked the following questions regarding joint legal custody situations:
- [Licensing Boards-It IS About Enforcement!](https://cphins.com/licensing-boards-it-is-about-enforcement/) - On occasion, a licensed mental health practitioner may be contacted by the investigative arm of the licensing board and a request may be made for the practitioner to come into the office of the investigator to discuss a matter that has been brought to the board’s attention. When the practitioner asks what the matter involves and who may be filing a complaint, the investigator may refuse to share such information – just like police detectives may do when investigating criminal activity. It is usually at this time that the practitioner realizes that the licensing board takes its enforcement authority seriously and that consultation with, and representation by, an attorney would be wise.
- [Confidentiality – Seeking Patient Referrals via Social Media](https://cphins.com/confidentiality-seeking-patient-referrals-via-social-media/) - ...Practitioners must always be aware of the duty of confidentiality and must be certain that they are not revealing enough information about a particular patient such that the identity of the patient might be accidentally (or negligently) revealed to others, including family or friends. Merely because a name is not mentioned does not assure that a breach of confidentiality will not occur...
- [Supervisor Vulnerability](https://cphins.com/supervisor-vulnerability/) - Avoiding Liability Bulletin - February 2019 The discussion that follows is not intended to dissuade licensees from providing supervision – rather, it is intended to make sure that supervisors are adequately informed and prepared (and compensated where lawful and appropriate) for the responsibilities that they undertake and the potential liability that they may incur. Licensed
- [Patient Reveals Sex With Prior Therapist – Protecting the Public?](https://cphins.com/alb-march2019/) - Some may ask why there is no requirement for the subsequent therapist to report such alleged unlawful or criminal behavior on the part of the prior therapist. The simple answer is that the patient’s confidentiality and privacy should be protected and should not be breached by the treating practitioner.
- [Fees - Reminders](https://cphins.com/fees-reminders/) - Some practitioners struggle, especially as they enter the profession or start a new business, perhaps online, with the setting of fees for a variety of professional services. Those who advertise their fees must be sure that they do not violate any laws or regulations that deal with false, fraudulent, deceptive or misleading advertising by health professionals...
- [Scope of License / Failure to Report Child Abuse](https://cphins.com/scope-of-license-failure-to-report-child-abuse/) - Malpractice (professional liability) insurance does not typically provide coverage for claims or suits arising out of any business or personal activity other than the profession named on the declarations page of the policy. For example, if you are insured as a licensed marriage and family therapist, a claim arising out of your executive coaching activities/services with a particular client will likely not be covered. Governmental agencies and insurance companies sometimes analyze licensing laws (and other information) to determine the lawful scope of a particular license – perhaps for purposes of reimbursement or enforcement. Scope of license may be at issue in state or federal judicial settings, such as when treating or examining practitioners testify in court or administrative proceedings, either as expert witnesses or ordinary or fact witnesses.
- [Emancipated Minors and Child Abuse | Abuse of a Spouse - Can It Ever Be Lawfully Reported By The Practitioner?](https://cphins.com/emancipated-minors-and-child-abuse-abuse-of-a-spouse-can-it-ever-be-lawfully-reported-by-the-practitioner/) - In last month’s Avoiding Liability Bulletin, I wrote about child abuse reporting laws and the circumstances under which a failure to report would constitute a crime. The example given in the May 2019 article presented facts which indicated that the practitioner did not have a good grasp on his or her child abuse reporting duties. Another circumstance that could lead to some confusion for the unwary is when the person being abused is an emancipated minor – emancipated under state law, often by court order.
- [Scope of License / Child Abuse Reporting  / Signed Authorization to Release Confidential Information](https://cphins.com/scope-of-license-child-abuse-reporting-signed-authorization-to-release-confidential-information/) - In the May 2019 issue of this Bulletin, I asked whether the reader (presumably, a licensed mental health practitioner) was permitted to hire a physician to practice medicine as an employee of the reader’s practice. I suspect that in your state of practice it would be unlawful, for example, for a licensed marriage and family therapist in private practice to hire a physician to perform medical services. The practitioner who hires the employee would be paid by patients who were receiving care from the physician-employee, and would thus be receiving money for medical services performed – which is typically unlawful and a crime. The same analysis would likely apply if an LMFT, LCSW, or LPCC were to hire or partner with (pursuant to a formal partnership agreement) a psychologist to perform psychological services (that is, practice psychology).
- [PSYCHOTHERAPIST-PATIENT SEX  -Retrospective and Perspective](https://cphins.com/psychotherapist-patient-sex-retrospective-and-perspective/) - In the late 1980’s I asked a question of a group of therapists who were providing me with their input as I prepared to draft legislation that would, for the first time in California, make sexual relations between a psychotherapist and a patient a criminal offense – a felony, punishable by imprisonment. I was looking for a “yes” answer. The question asked was as follows:
- [True or False](https://cphins.com/true-or-false/) - Something different this month! Answering (true/false/ depends!) and pondering the following questions will test your knowledge of some of the many questions that can arise during the course of one’s professional career. I will address (or have addressed – you can research the CPH archives!) some of these questions in upcoming articles/blogs. The questions, many of which are intended to be thought-provoking, will hopefully trigger thoughts about related issues and provide the reader with a limited self-assessment of their confidence level re: the topics addressed below.
- [October's True or False Answers - Part 2](https://cphins.com/true-or-false-answers-part-2/) - In the October 2019 issue of this Bulletin, I asked twenty-five questions regarding various areas of practice (and the law) that may be encountered by practitioners during the course of their careers. While the discussions below cannot address the law in every state and are primarily based upon California law, the reader should determine whether the law in their state of practice is consistent with the answers and content appearing below. (Fourteen of the questions were answered in the November 2019 issue of this Bulletin.)
- [April Check-In: Review Your Practice](https://cphins.com/april-check-in/) - The purpose of this issue of the Bulletin is to review aspects of practice that may raise questions or dilemmas for practitioners and to encourage readers to think about these topics in some detail. I will be answering these questions in future issues of this Avoiding Liability Bulletin. The laws in each state often differ with the laws in other states, so the answers to these questions may also differ. My answers will, as always, rely upon and reference California law. The reader is encouraged to determine how the law in your state treats any particular issue and how the law may differ with the answers provided by me in future issues of the Bulletin.
- [Covid-19 Return to In-Person](https://cphins.com/covid19return/) - Practitioners have changed the way they practice as a result of the pandemic, which seems to be moderating, and once again, practitioners will be returning to practice in their offices. Innumerable issues surely will arise as a result of the transition back to in-person treatment.
- [New Texas Abortion Statute](https://cphins.com/tx-abortion-statute/) - On September 1st, 2021 Texas Senate Bill No. 8, known as the Texas Heartbeat Act, became law. Its intention was to severely limit a woman’s constitutional right to an abortion.
- [Ethics Complaints](https://cphins.com/ethics-complaints/) - With respect to the fairness of the procedures, each organization should ensure that the process used by its ethics committee (or other peer review body) to investigate and resolve complaints meets certain minimal due process and fairness requirements. The intent of these laws is to establish fair hearing procedures for specified peer review bodies. While most ethics complaints do not proceed to the formal hearing stage, it is important for ethical standards or codes to provide for that eventuality.
- [Upon "Retirement" - Should You Stay Licensed and Insured?](https://cphins.com/upon-retirement-should-you-stay-licensed-and-insured/) - The inquiry from the reader asks how he can do volunteer work, after he retires, without liability. Most importantly, he wants to use his hard earned therapy skills, he says, but wants to avoid the necessity “to keep up the rather expensive and time consuming effort to be licensed” and avoid having malpractice insurance.
- [What Is A Claims Made Policy?](https://cphins.com/what-is-a-claims-made-policy/) - When you purchase insurance, you might notice that you have a claims made policy – but what exactly does that mean?
- [Are You Adding Coaching or Counseling to Your Practice? Don’t Miss These 6 Essential Steps!](https://cphins.com/are-you-adding-coaching-or-counseling-to-your-practice-dont-miss-these-6-essential-steps/) - Professional expertise can only improve the value of your practice! Coaching and counseling are some of the top ways to do that. Planning on taking that plunge in the upcoming years? Don’t forget to follow these important steps when adding a coach or counselor to your practice!
- [There’s a Policy For That!](https://cphins.com/theres-a-policy-for-that/) - Is there a policy out there that fits my needs, understands the intricacies of my industry and can offer professional liability coverage should I ever need to defend against a negligence claim made by a client?
- [Determining Whether You Should File a Professional Liability Insurance Claim](https://cphins.com/determining-whether-you-should-file-a-professional-liability-insurance-claim/) - Filing a claim as a mental health practitioner sometimes involves a little bit of forethought, similar to anticipating moves during a sports event. The runner at first might try to steal second, so the man on second base has to be ahead of the game, literally and figuratively, to tag him out should he make a run for it.
- [Group/Corporate/Non-profit Coverage](https://cphins.com/groupcorporatenon-profit-coverage/) - What is a group policy and what does it cover? In professional liability insurance terms, group coverage refers to a group of practitioners that work under one umbrella or employees that work under one corporate banner.
- [Opening Your Own Practice? Here’s What You Need to Know](https://cphins.com/opening-your-own-practice-heres-what-you-need-to-know/) - Opening your own practice can be an exciting opportunity, but it’s also a lot of work and responsibility. Before you can break out on your own, there are a few steps you should take in starting your own practice.
- [Opening a Private Mental Health Practice](https://cphins.com/mh-private-practice-tips-blog/) - Your top need as a mental health private practice owner is the need for malpractice insurance. It is absolutely critical for professionals in private practice to maintain professional liability insurance to prevent you from being a target of legal actions / claims or licensing board complaints.
- [Terms on Your Malpractice Insurance Policy You Need to Know](https://cphins.com/terms-on-your-policy-you-need-to-know/) - The days of vocabulary quizzes may be long gone, but there are a few terms on your professional liability insurance policy that you need to know in order to understand your coverage. Being familiar with these terms will ensure that you are properly insured, so when a claim is made against you, there is no question that you are covered.
- [Cyber Liability: Laptop Theft and Other PHI Breach Risks](https://cphins.com/cyber-phi-risks/) - Mental and allied health providers, especially business entities, have a heightened cyber security risk exposure because we're not just talking about credit card transaction risks, we're talking about HIPAA / confidentiality breaches involving patient information...
- [Business Income and Extra Expense Coverage](https://cphins.com/business-income-and-extra-expense-coverage/) - CPH malpractice policy holders have the option to add Business Income and Extra Expense Coverage if they also add CPH TOP coverage (General Liability and Business Personal Property) to their policy. Together, these coverages provide protection for incidents related to slip and fall, damage to your personal property and potential loss of income as it relates to restoring your office space due to damage from a covered CPH TOP loss...
- [Could Weighted Blankets Help Your Clients?](https://cphins.com/could-weighted-blankets-help-your-clients/) - Have you ever considered using a weighted blanket in your therapy practice? Read on to learn how weighted blankets helped my most anxious clients. In November of 2014 I was in my last semester of grad school when my supervisor asked me to make a weighted blanket for the offices where I was doing my internship. I had little prior experience with weighted blankets, but I agreed to make them. I began offering them to my most anxious clients in session. I was surprised by the results. My very agitated clients changed from anxious to calm in a matter of minutes. The most common request, after placing the blanket on them, was, “Could you turn out the lights and could I have a few minutes by myself?”
- [Jonathan Rubin, Attorney at Law](https://cphins.com/jonathan-rubin-attorney-at-law/) - Lawyer Limelight Featuring Jonathan Rubin, Attorney at Law Jonathan Rubin has been practicing Medical Malpractice and Long-Term Care defense for over two decades. Jonathan graduated law school from the George Washington University Law School and attended Vassar College for his undergrad degree. After law school he worked for several years as an Assistant District Attorney at
- [The Top Five Ways Wellness Professionals Can Avoid Legal Liability](https://cphins.com/the-top-five-ways-wellness-professionals-can-avoid-legal-liability/) - Avoiding Liability Bulletin - January 2023 Wellness professionals are an essential part of a vibrant health and wellness system. Wellness professionals include chiropractic, acupuncture, functional medicine, integrative medicine, spiritual healing, mindfulness meditation, reiki, ayurvedic medicine, massage, and coaching to name a few. Wellness professionals typically operate outside traditional health care provider systems, such as hospitals
- [The Pros and Cons of Telehealth for Therapists](https://cphins.com/the-pros-and-cons-of-telehealth-for-therapists/) - Although therapists have been using Technology Assisted Counseling (TAC) for quite a while now, professional laws, rules and ethics are finally starting to catch up. TAC can be referred to in numerous ways such as telehealth, teleconferencing, video conferencing and more. TAC or telehealth encompasses phone and video sessions, email, and texts. This blog will be focusing on phone and video sessions specifically.
- [The Importance of Consent Forms in Your Mental Health Practice](https://cphins.com/the-importance-of-consent-forms-in-your-mental-health-practice/) - Infоrmеd consent rеfеrѕ to the рrосеѕѕ whereby thе раtіеnt аnd thе рrасtіtіоnеr engage іn a dіаlоguе аbоut a proposed trеаtmеnt'ѕ nаturе, benefits, risks, аnd аltеrnаtіvеѕ. Informed consent for therapy or counseling services between the patient and the practitioner reduces the risk associated with treating a patient in any way. The topic of consent is in mental health is handled very differently across states and professions.
- [Risks Associated with "At-Will" Employment](https://cphins.com/avoiding-professional-liability-bulletin-april-1-2016/) - As you may recall, an at-will employee—one without a contract of employment, one not covered by a union bargaining agreement or one without another employment secured by a statute or a law—can be fired at the will of the employer for a good reason or no reason unless the firing is discriminatory or against public policy. An interesting, recent case decided by the Oklahoma Supreme Court1 illustrates this legal rule.
- [Nurse Observations](https://cphins.com/avoiding-professional-liability-bulletin-march-15-2016/) - As I have written several times in this Bulletin, as a Certified Nursing Assistant (CNA), you are priceless in the contributions you make to patient care. One of those contributions is your observation skills. This skill is essential for you, the RN, and other nursing staff with whom you work in order to provide quality patient care.
- [Importance of Nursing Assistant / Nursing Aide (CNA) Patient Advocacy](https://cphins.com/avoiding-professional-liability-bulletin-january-2016-2/) - The CNA’s role in protecting a patient’s safety and overall well-being cannot be overemphasized. Your role includes physical safety and the emotional well-being of the patients for whom you care. It may also include speaking up about patient care issues when patients’ physical and emotional well-being are compromised, as the following care illustrates.1
- [Respecting Your Colleagues](https://cphins.com/avoiding-professional-liability-bulletin-december-2015/) - The other day I was visiting a friend in the hospital and I was amazed at how hectic things seemed there. The patient census on the floor was high and the nursing staff a bit short. Everyone was walking rapidly rather than at a slower pace and interaction between staff seemed minimal and brisk.
- [Criminal Patient Care in the ED](https://cphins.com/avoiding-professional-liability-bulletin-august-2015/) - As an ED nurse, you understand what the ED nurse in the following case1 went through when a patient came to the ED after being shot by the police and what was at stake insofar as protecting the patient’s treatment rights.
- [Mismanagement of Medication and Samuel’s Law](https://cphins.com/avoiding-professional-liability-bulletin-september-2015/) - Some of you may have read about the tragic death of a 7-year-old boy, Samuel Cutliff, who died in September of 2012, four weeks after a home health care nurse administered 4 millileters of Morphine in error rather than 0.4 millileters ordered for his Mitochondira disease.
- [State Abused and Neglected Child Reporting Acts](https://cphins.com/state-abused-and-neglected-child-reporting-acts/) - Licensed nurses and CNAs have an obligation to make a good faith report to the state agency that protects children from abuse or neglect when you have a reasonable suspicion that child abuse or neglect is occurring to one of your patients. This obligation is mandatory. Not reporting an incident of child abuse or neglect can result in tragic consequences for the child.
- [Liability and the Certified Nursing Assistant / Nursing Aide](https://cphins.com/liability-and-the-certified-nursing-assistantaide/) - As you know, your role of a certified nursing assistant/aide (CNA) is an important and essential one in the delivery of health care to patients. Your role involves many duties, the top five listed as feeding, bathing and dressing patients; taking patient vital signs; serving meals, making beds and keeping patient rooms clean; setting up medical equipment and assisting with some medical procedures (based on state law); and answering calls when patients need help and observing changes in the patient’s condition or behavior.1
- [LPN Voluntarily Surrenders License Due to Unprofessional Conduct](https://cphins.com/lpn-voluntarily-surrenders-license-due-to-unprofessional-conduct/) - It is a well-known fact that boards of nursing have the authority to discipline a nurse when his or her conduct violates the applicable state nurse practice act and/or rules. In the past, violations of the act and/or rules most often involved a breach that related directly to the practice of nursing. Examples include an injury to a patient, crossing professional nurse-patient boundaries, nursing care that did not meet acceptable standards of practice, and unprofessional or unethical conduct when providing nursing care (e.g., falsification of patient documents).
- [Using Your Cell Phone at Work Can Cost You Your Job and Unemployment Compensation](https://cphins.com/using-your-cell-phone-at-work-can-cost-you-your-job-and-unemployment-compensation/) - A Pennsylvania nurse who worked as an R.N. in a nursing center decided to use her private cell phone to post on Facebook that a co-worker had soiled her pants while at work.1 What made matters worse was that she did the posting on Facebook while she was administering medications to patients in the facility.
- [Nursing Care and Inmates](https://cphins.com/nursing-care-and-inmates/) - If you are a governmental employee of a federal or state correctional institution, you may enjoy certain immunities against a lawsuit being filed against you as a named defendant when an inmate alleges your nursing care was lacking. As you know, inmates do not have a right to boutique care or outstanding care. Rather, they have a right to “adequate” medical care. What you may not know is that you may be sued for nursing care given to a inmate of a federal or state prison or jail when the inmate is brought to your ER—not the prison infirmary-- and your care is non-existent.
- ["Willful Refusal" to Care for AIDS Patients](https://cphins.com/willful-refusal-to-care-for-aids-patients/) - You may recall that the last Bulletin discussed whether or not a nurse could refuse to care for a patient with the Ebola virus. Although the potential threat of contracting Ebola is “new”, the reactions to its presence and how health care providers responded to, and in some instances, continue to respond to, its threat is reminiscent of the responses to the HIV virus and the AIDS epidemic years ago. In fact, the following case illustrates several of the concepts presented in your last Bulletin.
- [Can I Refuse To Care For A Patient Who Has Ebola Or Any Other Viral Disease?](https://cphins.com/can-i-refuse-to-care-for-a-patient-who-has-ebola-or-any-other-viral-disease/) - Shortly after two nurses from Texas Health Presbyterian Hospital in Dallas became infected with the Ebola virus after caring for Thomas Eric Duncan (who died from the disease on October 8, 2014), the American Nurses Association (ANA) was involved in voicing its position and its concerns for all nurses caring for patients with Ebola. On October 16, 2014, The Centers for Disease Control and Prevention (CDC) announced revised emergency preparedness and treatment guidelines to prevent the transmission of Ebola in the U.S.1 The ANA supported these revised guidelines but indicated that the revisions were not “clear-cut guidelines that would ensure quality care and safety for team members and for patients”.2
- [What if I Object to a Patient Care Situation?](https://cphins.com/what-if-i-object-to-a-patient-care-situation/) - You have probably been in at least one patient care situation that made you uncomfortable for a particular reason or one in which you did not want to participate. Not knowing what to do about your discomfort, you probably kept quiet and provided the nursing care required of you in the situation.
- [The Importance of The Health Insurance Portability and Accountability Act (HIPAA)](https://cphins.com/nursing-hipaa-importance/) - The Health Insurance Portability and Accountability Act (HIPAA) has been the subject of much confusion since its passage in 1966. For health care providers, the Privacy Rule is the focus of much of this confusion. In the following case1, the Virginia Appellate Court clarified for the parties to this suit the issue of accessing a former husband’s medical record by his former wife. The ex-husband was receiving care at the facility where both he and his ex-wife were employed.
- [What is This Thing Called Law? And What Do Lawyers Do?](https://cphins.com/avoiding-professional-liability-bulletin-july-1-2016-what-is-this-thing-called-law-and-what-do-lawyers-do/) - For much of the public, including nurses, the law seems to be strange, complex, and incomprehensible. Lawyers are Not seen in the best of light, except, of course, when one is needed. I believe this is an unfortunate state of affairs and thing there are some ways in which to dispel the “bad rap” that the law and lawyers often receive.
- [Using a Personal Cell Phone Photo and Good Intentions When Documenting Patient Care Provide No Legal Protection](https://cphins.com/using-a-personal-cell-phone-photo-and-good-intentions-when-documenting-patient-care-provide-no-legal-protection/) - Earnest was a ED Tech whose job it was to act as a paramedic and monitor patients that had been restrained and monitor other psychiatric patients that came into the ED. One day, he was assigned to a patient who was in restraints due to intoxication and violent behavior.1
- [Is Your Workplace Gender Equal?](https://cphins.com/is-your-workplace-gender-equal/) - If you are a nurse manager, an advanced practice registered nurse who has established an independent practice, or a chief nursing officer, (CN0), and have the authority to hire, fire and promote staff, one of your legal obligations is to ensure that you do so in a manner that treats gender equally.
- [Advocating For Patients Is An Essential New Year's Resolution](https://cphins.com/advocating-for-patients-is-an-essential-new-years-resolution/) - The New Year is upon us and customarily, you are expected to make resolutions for 2017. A resolution is characterized as a determination, a perseverance, a steadfastness to do something. As a nurse in whatever role you undertake, and as a student nurse during your nursing educational program, one resolution to make, or to re-emphasize, for the New Year is to advocate for all those for whom you provide care.
- [Ethics and Law in Nursing: Friends or Foes?](https://cphins.com/ethics-and-law-in-nursing-friends-or-foes/) - You might find it difficult to reconcile how ethics and law impact nursing practice. You would not be alone in this feeling.
- [Certified Nursing Assistant's Conduct Leads to Voluntary Surrender of Her Certification](https://cphins.com/certified-nursing-assistants-conduct-leads-to-voluntary-surrender-of-her-certification/) - Nurse Aide and Certified Nursing Assistant (CNA) practice has been the subject of a few of these Bulletins. If you are a nurse aid or assistant, you know how important your practice is the patients to whom you provide care as well as to the health care team with which you work.
- [Real Time Disciplinary Actions Against Nurse Aides and Nurse Assistants (CNAs)](https://cphins.com/real-time-disciplinary-actions-against-nurse-aides-and-nurse-assistants-cnas/) - As you know, your certification, registration or license as a CNA is administered and enforced by the regulatory agency in your state. That agency may be a department of health or the state board of nursing. In either case, the importance of CNAs following their practice acts without fail is essential.
- [Boards of Nursing and Their Disciplinary Powers](https://cphins.com/boards-of-nursing-and-their-disciplinary-powers/) - Your state board of nursing has the authority to administer and enforce the state nurse practice act. This power is broad and includes the ability to discipline a student nurse, a licensed practical nurse, a registered nurse, and an advanced practice registered nurse.
- [Nursing Assistants Violate Resident's Privacy and Other Rights](https://cphins.com/nursing-assistants-violate-residents-privacy-and-other-rights/) - Regardless of where you work in health care, your facility should have clear policies and procedures concerning the non-use of your personal phones while at work. The policies should include an unambiguous prohibition of using your personal devices to take photos of residents or discuss any patient whether or not a photo accompanies the text message.
- [Falsification of Patient Care Record Can Lead to Criminal Convictions](https://cphins.com/falsification-of-patient-care-record-can-lead-to-criminal-convictions/) - N.B., an LPN, worked at a nursing home and was assigned to care for J.E., a Medicaid patient who suffered from seizures, dementia with behavior disturbances, COPD, and bowel problems. He was also bed ridden and “characterized as a medical and behavioral high risk” due to his many health problems.1
- [Psychiatric Nurse and Mental Health Aides Responsible for Patient's Injuries](https://cphins.com/psychiatric-nurse-and-mental-health-aides-responsible-for-patients-injuries/) - Nursing literature has recently been reporting troublesome incidents of violence against nurses in hospitals and other health care settings. In the following case, however, it was not a nurse who was injured but an involuntarily committed psychiatric patient.1
- [Real Time Disciplinary Actions Against Registered Nurses for Professional Misconduct](https://cphins.com/real-time-disciplinary-actions-against-registered-nurses-for-professional-misconduct/) - In my October 6, 2017 Bulletin, I reported a case of a nurse whose unprofessional conduct resulted in a lawsuit against her employer. The patient did not win the suit but the case illustrates how professional misconduct can result in a lawsuit alleging professional negligence on your part.
- [Are There Limits to a Nurse's Duty to Advocate for Patients?](https://cphins.com/are-there-limits-to-a-nurses-duty-to-advocate-for-patients/) - In the following case1, an LPN and a charge nurse’s attempted management of a patient centered on their respective duty to protect the patient. Mr. Wright presented at the ED of a VA medical center in Washington State. He complained of knee pain that began about a week before when he fell at home.
- [Mandatory Reporting of Child Abuse and/or Neglect: A Liability Concern?](https://cphins.com/mandatory-reporting-of-child-abuse-andor-neglect-a-liability-concern/) - As you are hopefully aware, nurses are among the health care providers who are required to report a good faith belief or suspicion that a child has been abused or neglected. This mandate is included in the state statute that governs the reporting (such as a Child Abuse and Neglect Act). In addition, state nurse practice acts list a failure to report such abuse or neglect as a ground for discipline of the nurse licensee.
- [Nursing Staff's Professional Negligence Causes Death of Patient](https://cphins.com/nursing-staffs-professional-negligence-causes-death-of-patient/) - Lloyd Thomas, seventy-one, underwent bypass surgery and was hospitalized for eighty-four days after the surgery due to complications. During his hospitalization, he had a feeding tube. He steadily recovered but needed additional rehabilitation so he was transferred to HCRA, a rehabilitation facility1...
- [Might You or Your Employer Be Liable if a Patient Signs Out Against Medical Advice (AMA)?](https://cphins.com/might-you-or-your-employer-be-liable-if-a-patient-signs-out-against-medical-advice-ama/) - One of the recurring questions I have been asked during my years of practicing as a nurse attorney is whether a nurse would be held liable for a patient who leaves a health care facility against medical advice. Although state laws vary from state to state, the following case illustrates how the Dakota Supreme Court ruled in this instance when a patient left a hospital AMA.1
- [LPN’s Appalling Conduct Leads to Lawsuit](https://cphins.com/lpns-appalling-conduct-leads-to-lawsuit/) - I recently came across a narrative Online of a shocking case involving an LVN.1 The author changed the names of those involved to protect their privacy, but the facts are accurate. Despite my inability to review the actual case, I thought the situation was one that has implications for all nurses, including LVNs.
- [Nursing Assistant's Conduct Found To Be Criminal](https://cphins.com/nursing-assistants-conduct-found-to-be-criminal/) - Nurse Assistants are often utilized in health care facilities, especially in long-term care. Most often, they are a valuable member of the health care team. However, in the following case1, this nursing “personal assistant”, as her title was in the Louisiana facility, was a contemptable member of that nursing staff.
- [Daily Inspection of Exercise Band Helps Win Defendant's Verdict - Upheld on Appeal](https://cphins.com/daily-inspection-of-exercise-band-helps-win-defendants-verdict-upheld-on-appeal/) - While we have examined personal trainer duties and responsibilities in reference to the provision of exercise equipment to clients, a recent decision from Illinois should remind exercise professionals of their duties and responsibilities in reference to exercise equipment. In this case,[i] the plaintiff YMCA member was injured “when an exercise band he was using broke, snapped back and struck him in the eye.” He alleged two theories of liability – negligence in providing the equipment and breach of an implied warranty of suitability as to the band.
- [Ready To Start Your Own Practice?](https://cphins.com/had-enough-of-your-boss-ready-to-start-your-own-practice/) - It’s discouraging for a healthcare practitioner to have to limit how they provide care in an industry that grows with new advances every day. How, then, do you break away from a healthcare practice that you feel isn’t offering all it should to its patients and strike out on your own?
- [Adding Coaching To Your Practice…What You Need To Know](https://cphins.com/adding-coaching-to-your-practicewhat-you-need-to-know/) - Counseling and coaching are two areas of professional expertise that can enhance the value of your healthcare practice but when considering whether to add in these components, there are certain steps that should be followed.
- [Does Your Professional Liability Insurance “Hear” You?](https://cphins.com/does-your-professional-liability-insurance-hear-you/) - A claim of negligence can be expensive to fight and potentially damaging to your practice, so it is important that all Audiologists are protected from claims such as this with Professional Liability Insurance. Professional Liability Insurance guarantees that you have someone on your side when allegations of malpractice are made against you. Negligence claims can take a variety of forms.
- [Professional Liability Insurance for Allied Health Providers](https://cphins.com/professional-liability-insurance-for-allied-health-providers/) - If you are a provider in the Allied Health Professionals arena, you’ll need Professional Liability Insurance. Here’s why:
- [Take It to the Bank](https://cphins.com/take-it-to-the-bank/) - The blood bank, that is! Blood Bank Technicians need professional liability insurance too. The work of blood bank technicians is important. From collecting blood, labeling samples, and preparing blood for transfusions, it is vital that everything they do adheres to the proper standard of care.
- [Better Safe Than Sorry! Why Interns Need Insurance](https://cphins.com/better-safe-than-sorry-why-interns-need-insurance/) - Taking the first step out of the classroom and into the real-world working environment is a significant achievement along an intern’s chosen career path. Whether it be clinical-study for nursing, therapy, or another Allied Health profession, as the saying goes – an ounce of prevention is worth a pound of cure, and that goes double when facing an intern malpractice lawsuit.
- [Coronavirus & Telehealth: Am I Covered?](https://cphins.com/coronavirus-telehealth-am-i-covered/) - With growing concerns of Coronavirus, many therapists are exploring the idea of telehealth as a means of continuing therapy sessions safely during this evolving situation. We understand how important it is as providers to continue your practice with as little disruption as possible and that the safety of your clients and yourself is of utmost priority. It is our priority to support you in this.
- [Legal Risks and Liability Concerns in Wellness & Fitness Programs](https://cphins.com/legal-risks-and-liability-concerns-in-wellness-fitness-programs/) - On Thursday, June 22, 2017 we collaborated with one of our trusted attorneys, David Herbert, to host a webinar for one of our respected endorsers, The World Instructor Training Schools (W.I.T.S). It had great advice and risk management scenarios that often occur in the wellness and fitness space specific to personal trainers, fitness instructors, dietitians and
- [What is Risk Management and How Does it Help Me?](https://cphins.com/what-is-risk-management-and-how-does-it-help-me/) - The June 1st bulletin discussed certification in the area of your nursing specialty as one example of risk management. You may be most familiar with risk management whenever you file an incident report pursuant to your facility’s reporting policy. Although important, there are many more aspects of risk management than those incident reports that affect your daily nursing practice.
- [Who Can Be Named In A Nursing Malpractice Lawsuit](https://cphins.com/who-can-be-named-in-a-nursing-malpractice-lawsuit/) - Nursing malpractice is found when a nursing professional has been negligent in administering healthcare and causes harm or damage to a patient. A mistake could have occurred in administering medicines or in keeping records or even in the event of a wrong diagnosis.
- [I’m a Home Healthcare Nurse: Do I Need Professional Liability Insurance](https://cphins.com/im-a-home-healthcare-nurse-do-i-need-professional-liability-insurance/) - Working in the home may feel vastly different from working in a hospital or other medical facility: While you still report to an employer, you can nonetheless keep your own hours and have a fair amount of independence and yet, you still realize that there are certain regulations and codes that must be followed.
- [Transmitting Ebola](https://cphins.com/transmitting-ebola/) - We live in a world of unprecedented global connectivity. While the world wide web connects us digitally, air travel can get anyone from pretty much any place in the world to pretty much any place in the world in a day or less.
- [Nursing Professionals – The Generational Gap](https://cphins.com/nursing-professionals-the-generational-gap/) - Nursing is the largest healthcare profession, with more than 3.1 million registered nurses nationwide, and approximately 2.6 million RN’s are employed as nurses, meaning that 500,000 registered nurses do not work in nursing. Issues of supply and demand for the nursing field are currently being questioned, due to the number of graduations taking place in the nursing field, the supply vs the demand.
- [Utah Nurse Refuses to be an "Agent" of the Utah Police](https://cphins.com/utah-nurse-refuses-to-be-an-agent-of-the-utah-police/) - Throughout my many years of practicing law, I have presented seminars and programs about law and nursing practice. Invariably, during those seminars and programs, the question of what a nurse should do if a police officer demanded that a blood sample be drawn when the patient refused to have the sample taken.
- [The Value of Nursing Student Professional Liability Insurance](https://cphins.com/avoiding-professional-liability-bulletin-february-15-2016/) - Those of you who are student nurses most likely have been required to purchase professional liability insurance until you complete your nursing educational program. Some of you may have purchased it on your own, even though your school does not require you to. In either case, owning your own professional liability insurance is essential for many reasons.
- [My Employer Already Has Liability Insurance… Why Should I Get More?](https://cphins.com/my-employer-already-has-liability-insurance-why-should-i-get-more/) - For nurses, it is often difficult to justify getting their own liability/malpractice insurance. In most cases, a simple query to your employer’s HR department will most likely reveal that they carry some type of liability or malpractice insurance. For most medical offices and hospitals, minimum liability or malpractice insurance requirements are set forth by state laws. In the rare event that no such laws are present, any hospital or private practice participating in government programs or contracts including Medicare or Medicaid will most likely be required to obtain a certain level of liability or malpractice insurance to maintain compliance.
- [Nurses, Are You Aware of Your Malpractice Risks?](https://cphins.com/nurses-are-you-aware-of-your-malpractice-risks/) - Malpractice liability for nurses may be more common than you think. Consider this scenario: Mr. Jameson, a contractor, suffered a heart attack. On June 15, 2010, he was admitted to XYZ Medical Center. After his coronary bypass surgery, he was transferred to the Critical Care Unit.
- [Malpractice Insurance for Nurses](https://cphins.com/malpractice-insurance-for-nurses/) - Consider the following scenario: Mr. Smith, a mechanic, was admitted to ABC Medical Center after suffering a heart attack on September 4, 2006. He had coronary bypass surgery and was transferred to the Critical Care Unit. His nurse, Mary Jones, began her tour of duty with Mr. Smith as her patient at 7: 00 p.m. after his surgery. When admitted to the CCU, Mr. Smith was in a chemically induced coma. Mr. Smith was very ill during Nurse Jones’ shift.
- [The Liability Of Being An Employed Nurse](https://cphins.com/the-liability-of-being-an-employed-nurse/) - As a professional nurse you probably already know that you can be sued at a moment’s notice for any reason. You’ll experience a gamut of emotions: fear, embarrassment, even puzzlement over particulars of the specific case. You thought you were thorough in administering a high level of care and can’t figure out what went wrong. This can be an incredibly stressful time for you – more so if you don’t have your own liability insurance policy.
- [But I Have A Group Insurance Policy At Work? Why Nurses Need An Individual Plan](https://cphins.com/but-i-have-a-group-insurance-policy-at-work-why-nurses-need-an-individual-plan/) - With the recent boom in the healthcare industry, nurses are now in high demand! According to the Bureau of Labor Statistics, the nursing profession is estimated to grow by as much as 26% over the next few years. In large part, this growth is attributed to our aging population, new technological advancements, and an increased focus on preventative care. However, hospitals and doctor’s offices aren’t going to be the only hiring grounds. Many elderly patients are opting for registered nurses to provide in-home care.
- [LPN, RN & ER Nurse – What Do They All Have in Common?](https://cphins.com/lpn-rn-er-nurse-what-do-they-all-have-in-common/) - Whether you’re a licensed practical nurse, a registered nurse or an emergency room nurse – each with varying job duties and responsibilities – all have one thing in common: each nursing segment needs professional liability insurance. You may think that the insurance handled by the facility in which you work for is enough coverage for you, however chances are the facility’s insurance won’t cover you should an incident arise. And if the hospital loses a lawsuit, it could, in turn, sue the nurse to recover damages.
- [Got Energy?](https://cphins.com/got-energy/) - Running on empty? Feeling exhausted? Or finding yourself hitting that 3p.m. energy slump that makes you want to fall asleep in your client’s arms? If so, the way you are nourishing your body (or not) may have something to do with it. As a Wellness Counselor, you are so busy taking care of others, often times, taking care of yourself can fall by the wayside.
- [WITS Webinar: Exercise Equipment Injuries and Claims and Suits - Defending Against Litigation](https://cphins.com/wits-webinar-2018/) - Creating equipment records of your regulatory gym equipment inspections may assist in the defense against exercise equipment injury cases but it doesn't stop there. You cannot simply just inspect gym equipment, you also need to repair and maintain them!
- [The Importance of Equipment Safety](https://cphins.com/the-importance-of-equipment-safety/) - Over the last 10 years, the fitness industry has introduced a variety of new fitness equipment ranging from fancy treadmills to plate-loaded machines that also use your body weight as resistance. The surge in online fitness videos and the lack of regulations on education requirements are putting the public at huge risk considering the details are often overlooked which leads to gym equipment not being used in the manner prescribed by the manufacturer.
- [Fitness Professionals Alert: Attention to Details Can Avoid Suit](https://cphins.com/fitness-professionals-alert-attention-to-details-can-avoid-suit/) - Two relatively recent court decisions point out the need for health and fitness facilities and fitness professionals to not only adopt basic risk management policies for their operations but also to comply with them at all times. Compliance with these policies can not only reduce the risks of client injury but can also either eliminate or reduce the risks of claim and suit.
- [Are You A Size-Friendly Trainer?](https://cphins.com/are-you-a-size-friendly-trainer/) - Weight loss is a perfectly acceptable goal of fitness, especially if it’ll improve a person's overall health. As a fitness professional, your role is in helping people make peace with their bodies. Although media has often associated thinness or ripped abs to health, you can't gauge someone's level of fit by their body size or shape.
- [Emergency Response Tips for Personal Trainers](https://cphins.com/emergency-response-tips-for-personal-trainers/) - In the delivery of personal fitness training services by any professional to any client untoward events can and do occur. Lawyers often refer to the issue as a question of foreseeability. Injuries and deaths in personal training activities are clearly foreseeable. Despite the best of circumstances such matters will occur no matter how infrequently. As a result, personal
- [Personal Trainers Beware – A $14.5 Million Jury Verdict in Connecticut](https://cphins.com/personal-trainers-beware-a-14-5-million-jury-verdict-in-connecticut/) - In a rather startling and very recent case from Connecticut1, a jury has returned an extremely large verdict against a personal trainer [Dominguez] as well as the facility and holding company [Equinox] where he provided service to a physician client [Vaid]. The complaint filed in this case by the client and his spouse against the personal trainer, Equinox
- [Nutritional Advice by Personal Trainers: Is it Legal?](https://cphins.com/nutritional-advice-by-personal-trainers-is-it-legal/) - Recent litigation as well as an examination of the practices of many personal trainers raises a number of questions about what fitness professionals may lawfully do to provide nutritional advice to their clients. These questions and the matters to consider include the following: 1. Many personal trainers seem to provide nutritional advice or at least
- [Actions of Personal Trainers Which Heighten Risks to Clients May be Actionable](https://cphins.com/actions-of-personal-trainers-which-heighten-risks-to-clients-may-be-actionable/) - Two 2012 cases from New York highlight the fact that a personal trainer’s actions which heighten the risks to clients may well expose those clients to injuries from the increased risks, which may in turn lead to claims and suits if injuries do occur. In the first case, Layden v Plante, 122712 NYAPP3, 2012-01926, the
- [USE OF TWO-PERSON RESISTANCE BAND LEADS TO INJURY AND LITIGATION BUT DEFENDED BY A RELEASE/ASSUMPTION OF THE RISKS](https://cphins.com/use-of-two-person-resistance-band-leads-to-injury-and-litigation-but-defended-by-a-releaseassumption-of-the-risks/) - Most health and fitness facilities have a variety of equipment available for use either through personal trainers or exercise floor personnel. One of the devices that is sometime available for use is a two-person resistance exercise band with handles on each end of the band which are utilized by two participants pulling away from each
- [USING RELEASES OF LIABILITY AS A FIRST LINE OF DEFENSE](https://cphins.com/using-releases-of-liability-as-a-first-line-of-defense/) - As I pointed out in my first article on this website, releases of liability, also known as waivers, are often used with personal training clients for those clients to give up or relinquish their right to sue in advance of the occurrence of any untoward event based upon ordinary negligence which might happen during activity.
- [Screening Process](https://cphins.com/screening-process/) - Once the client intake process begins for any fitness or personal training program and after the contract and waiver of liability/assumption of risk documents are signed, fitness professionals need to consider and implement some form of pre-activity screening for clients. Various organizations within the industry have developed recommendations and documents related to the client screening
- [The Intake Process for Fitness Clients – Signing Clients Up for Service](https://cphins.com/the-intake-process-for-fitness-clients-signing-clients-up-for-service/) - The intake process for fitness clients begins when prospective clients come into a fitness facility seeking fitness service and advice. Often, such contacts may come as a result of advertising, other marketing efforts or even personal referrals. Once a determination is made that such prospects will become clients, paperwork is typically executed providing a framework
- [Health and Fitness Standards: Use Them to Provide Appropriate Client Care and to Avoid Claim & Suit](https://cphins.com/health-and-fitness-standards-use-them-to-provide-appropriate-client-care-and-to-avoid-claim-suit/) - Written standards of practice, sometimes referred to as parameters of practice or even guidelines, are important to provide acceptable levels of care to various service recipients, be they patients of physicians or clients of fitness professionals. Starting in the 1970s the medical profession began a substantial effort to reduce malpractice claims and suits through a
- [Placement of Treadmills – Consult Industry Standards](https://cphins.com/placement-of-treadmills-consult-industry-standards/) - In the last article posted on this site, I provided some analysis as to why the placement of exercise equipment within fitness facilities was important for client safety and for the avoidance of relevant claims and suits against fitness professionals.[1] I suggested that fitness professionals evaluate manufacturers’ recommendations as well as industry standards when dealing
- [Proper Placement of Exercise Equipment is Important for Client Safety and to Avoid Suit](https://cphins.com/proper-placement-of-exercise-equipment-is-important-for-client-safety-and-to-avoid-suit/) - A June 2015 case from California should remind all fitness professionals to comply with equipment manufacturers’ instructions when assembling, placing and maintaining equipment for client use. In this case, Jimenez, et al. v. 24 Hour Fitness USA, Inc., 237 Cal.App. 4th 546 (2015): Plaintiffs [Etelvina and Pedro Jimenez] filed a complaint against 24 Hour stating
- [Scope of Practice Issues for Fitness Professionals](https://cphins.com/scope-of-practice-issues-for-fitness-professionals/) - Fitness professionals are presently not regulated by any United States jurisdiction except in Louisiana which currently regulates Clinical Exercise Physiologists and the District of Columbia (D.C.) which is now developing regulations for the practice of Personal Fitness Training (PFT). As a consequence, there are few authoritative resources which can be used by fitness professionals to
- [Is Practical Training and Testing Necessary for Personal Trainers?](https://cphins.com/is-practical-training-and-testing-necessary-for-personal-trainers/) - At the turn of the 21st century, a number of untoward events occurred to personal trainer clients which focused considerable media and professional attention on the education and qualifications of those providing service in this industry. As a consequence of the foregoing, a number of fitness organizations took steps to improve and standardize the qualifications
- [Recent Verdict Against Personal Trainer – Lessons to be Learned](https://cphins.com/recent-verdict-against-personal-trainer-lessons-to-be-learned/) - The Litigation In April of this year, a jury in Erie County, New York returned a verdict in a case against a personal trainer for $1.4 million, which included $1million for future pain and suffering and $400,000 for past pain and suffering. However, since New York is a comparative negligence state where fault is balanced
- [Legal & Risk Management Concerns for Fitness Professionals](https://cphins.com/legal-risk-management-concerns-for-fitness-professionals/) - So far in 2015, at least two significant cases against personal fitness trainers have concluded. One resulted in a substantial mediation settlement and the other in an even more substantial jury verdict. The sums to be paid amount to $750,000 as to the mediation and $980,000 as to the jury verdict. At about the same
- [Automated External Defibrillators (AEDs) & Emergency Response Concerns for Personal Trainers](https://cphins.com/automated-external-defibrillators-aeds-emergency-response-concerns-for-personal-trainers/) - In the last column of this CPH Bulletin, we provided several emergency response tips for personal trainers dealing with clients in need of such emergency services. One of the most important aspects of any Emergency Action Plan (EAP) deals with the issue of Automated External Defibrillators (AEDs) for use when needed in the course of providing personal training services.
- [Personal Trainers - Be Careful in Expanding Services](https://cphins.com/personal-trainers-be-careful-in-expanding-services/) - According to recent industry reports from IDEA, many personal trainers are expanding their client service offerings into areas apart from personal training.
- [THE PROVISION OF PERSONAL TRAINING SERVICES:   CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP  OR SOLE PROPRIETORSHIP?](https://cphins.com/the-provision-of-personal-training-services-corporation-limited-liability-company-partnership-or-sole-proprietorship/) - Thousands of personal trainers in this country are providing personal training services to numerous clients through a number of business forms. Many deliver services in their own name or through some trade name as sole proprietors and report their income on their individual income tax returns. Others deliver services through so-called limited liability companies (LLCs), while still others serve their clients in corporate capacities. Those who practice personal training with others in related ownership positions also sometimes deliver services in partnership capacities which are much like the sole proprietorship form of service delivery but with more than one owner.
- [Personal Trainers and Nutritional Supplements - Sell or Don't Sell?](https://cphins.com/personal-trainers-and-nutritional-supplements-sell-or-dont-sell/) - The sale of vitamins, nutritional supplements, sports drinks and other similar consumables is big business in the United States. By some estimates, the U.S. nutritional supplement industry may currently approximate $40 billion.
- [Providing Personal Training Services Off-Site](https://cphins.com/providing-personal-training-services-off-site/) - locations. In this latter situation, services are sometimes provided in client homes or in/adjacent to mobile fitness vehicles, or even carried out at client business premises, hotels or in various outdoor settings. The provision of services in these settings requires some special planning and consideration so that the liability risks associated with these services are not unduly enhanced.
- [Fitness Equipment And Liability Issues For Personal Trainers](https://cphins.com/fitness-equipment-and-liability-issues-for-personal-trainers/) - Virtually all fitness professionals, personal trainers included, use fitness equipment in their exercise programs for clients. Such equipment runs the gamut from treadmills and step machines to stretch bands and even exercise balls. These devices have a clear benefit to fitness routines and the exercise recommendations provided by fitness professionals. However there are liability risks associated with essentially all devices which fitness professionals need to consider and protect against.
- ["Suicide Runs" Directed By Personal Trainer Result In Client Injury And Lawsuit](https://cphins.com/suicide-runs-directed-by-personal-trainer-result-in-client-injury-and-lawsuit/) - According to the allegations of a recent lawsuit filed in a Pennsylvania federal court, a 61 year old client of a personal trainer brought suit against the club where the personal trainer provided service for injuries she received while she was directed by the trainer to perform “suicide runs.” According to the complaint, the client was instructed to repeatedly run forward to a weight placed on the floor, touch it and then run backwards to the starting line. The suit claims that during the run, the personal trainer directed her to go “faster, faster.” While running backward and attempting to comply with what she claims she was told, the client fell and fractured both of her wrists for which she had previous medical issues.
- [Emergency Response:  Calling 911 – Delay or Failure Can Result in Needless Suit](https://cphins.com/emergency-response-calling-911-delay-or-failure-can-result-in-needless-suit/) - From a professional perspective, it seems rather clear that personal fitness trainers and other service providers in the fitness industry need to summon emergency aid when necessary to respond to client needs. However, a delay in doing so or even an outright failure to call 911 or summon some other form of emergency response through, for example in-house responders, can result in an aggravation of a client injury, further client injury or even client death.
- [When Releases and Waivers Don't Work - Thoughts for Fitness Professionals](https://cphins.com/releases-and-waivers-fitness-professionals/) - We have devoted considerable time and space in this column to provide examples of cases filed against fitness professionals, particularly personal trainers. We have recommended the development of a variety of risk management techniques designed to eliminate, avoid, manage and offset the risks of client claims and suits arising out of various fitness activities. However, not all risks of claims and suits may be totally eliminated or even managed through the application of various risk management techniques. In those instances where these kinds of claims are put forth, fitness professionals need to transfer their risks though the use of prospectively executed waivers or releases of liability and as a necessary component of any risk management plan – secure liability insurance.
- [Can Fitness Professionals be Civilly Liable for the Criminal Actions of Employees?](https://cphins.com/can-fitness-professionals-be-civilly-liable-for-the-criminal-actions-of-employees/) - Like any professional sector in this county, the fitness industry, at least occasionally, has to deal with criminal acts committed by some of its fitness professionals. Recently, for example, a personal trainer in Florida was convicted of two first-degree murder convictions of his personal training clients...
- [There are Lots of Reasons NOT to Push Clients Too Far – "Rhabdomyolysis" is One](https://cphins.com/there-are-lots-of-reasons-not-to-push-clients-too-far-rhabdomyolysis-is-one/) - As pointed out many times in this column, a good number of claims and suits are asserted against personal trainers and other fitness professionals related to untoward events arising out of the over-exertion of clients. These adverse events include extreme fatigue, pulled or strained muscles, broken bones and even heart attacks or other life threatening events. Pushing clients too hard based upon philosophies related to “no pain – no gain” often lead to these and other unfortunate results as well as claims and litigation.
- [Fitness Professionals Beware: First Few Personal Training Sessions Can Lead to Injury and Suit](https://cphins.com/fitness-professionals-beware-first-few-personal-training-sessions-can-lead-to-injury-and-suit/) - Personal training services are sometimes offered to new health and fitness facility clients on a free or reduced fee basis at least for a limited time following membership purchase. Once those services are secured, many new facility members approach these sessions enthusiastically but often unrealistically, as many of them look forward to immediate or very fast results. Some personal trainers also begin these sessions with new clients on an equally enthusiastic basis but sometimes prescribe and supervise activity which can lead to some kind of untoward event or injury, usually followed by claim and suit.
- [Avoiding Exercise Equipment Injuries Saves Time, Aggravation and Money](https://cphins.com/avoiding-exercise-equipment-injuries-saves-time-aggravation-and-money/) - Exercise equipment mishaps account for a frequent source of client injury, as well as client claims and lawsuits. Many of these cases are filed each year against health and fitness facilities, fitness professionals and equipment manufacturers. The costs and expenses of just investigating and defending against such claims and suits can be substantial, not to mention any possible adverse judgment arising out of these lawsuits. Despite the foregoing, many of these claims and lawsuits can be avoided through the application of various risk management techniques.
- [Preparing Personal Trainers for Client Service – Education, Certification and/or Practical Training?](https://cphins.com/preparing-personal-trainers-for-client-service-education-certification-andor-practical-training/) - The fitness industry has been focused on the qualifications of fitness professionals, particularly personal fitness trainers, for many years. The level of concern on the qualifications for such personnel dramatically increased in the late 1990s and into the early 2000s. During that time period and even thereafter, a number of lawsuits dealing with the qualifications – or lack thereof – of fitness professionals were filed and determined. These lawsuits in turn led to industry action to address the perceived issue as to what background, education, certification and/or practical training is necessary for fitness professionals, particularly personal trainers in their delivery of fitness services to clients.
- [If You Have an AED, Do You Have to Use It?](https://cphins.com/if-you-have-an-aed-do-you-have-to-use-it/) - Perhaps the better question presented by this title should be the question of whether an AED should be used rather than if it has to be used in health and fitness facilities by health and fitness professionals? However, that question presents a whole host of other legal and moral issues, all of which can’t be answered in this short column and most of which need to be addressed through individualized legal analysis and advice. But the issue of the legally required response to emergencies occurring within various exercise programs carried on by fitness professionals is of significant concern to the industry and needs to be reviewed.
- [Injury from Swinging Kettlebell Results in Suit Which Withstands Summary Judgment Motion](https://cphins.com/injury-from-swinging-kettlebell-results-in-suit-which-withstands-summary-judgment-motion/) - In a case from New York,[1] the plaintiff was injured when he was struck in the back of his head by a kettlebell being swung by another kettlebell user. The injury occurred during an instructional course taught by one of the defendants at the defendant hotel where the course was provided. According to the lawsuit which was thereafter filed, the injury happened when a kettlebell was swung by an anonymous fellow attendee who was negligently permitted, allowed and instructed to continue swinging kettlebells, despite [other] people moving about the room. The lawsuit claimed the injury resulted “from defendants' recklessness, negligent supervision, and negligent hiring.”
- [What is Sexual Harassment and Avoiding it in Fitness Facilities](https://cphins.com/what-is-sexual-harassment-and-avoiding-it-in-fitness-facilities/) - Sexual harassment is in the news. Allegations of inappropriate and unlawful conduct based upon sexual conduct currently permeate Washington DC, Hollywood and even Main Street USA. Fitness facilities and fitness personnel, including personal trainers and other fitness professionals, are not immune from sexual harassment claims and litigation. As a consequence, fitness professionals need to know what is involved, what kind of conduct is prohibited and how professionals may be able to avoid claims and suits based upon such grounds.
- [Can Fitness Facilities Be Liable  for Defective Equipment Injuries?](https://cphins.com/can-fitness-facilities-be-liable-for-defective-equipment-injuries/) - In a recent and interesting case from New Jersey, an appeals court reviewed a trial court’s decision in a fitness equipment injury case where summary judgment was granted to the defendants.
- [Are Monthly Equipment Inspections Sufficient?](https://cphins.com/are-monthly-equipment-inspections-sufficient/) - In a relatively recent case from Wisconsin, a trial court and then an appeals court were faced with determining whether or not a fitness facility could be found liable for injuries a client suffered while using an exercise machine at the club.[1] A big issue in this case centered upon how frequent and how detailed equipment inspections have to be to enable an injured party to recover upon his claim of negligence.
- [The Use of Waivers of Liability by Health and Fitness Trainers/Facilities to Protect Against COVID-19 Infection Claims and Litigation](https://cphins.com/wellfit-covid-waivers/) - As of the date of writing this article, more than 3 million Americans have become infected with the novel coronavirus (“COVID-19”). Worldwide, that number has exceeded 12 million cases. Deaths from the virus have exceeded 137,000 in the United States (US), while deaths worldwide have climbed to over 550,000.
- [Personal Trainers Take Note: Screening Standards Have Changed](https://cphins.com/personal-trainers-take-note-screening-standards-have-changed/) - In late 2015, we reminded personal trainers and other fitness professionals of their obligation to screen clients for activity prior to recommending participation in exercise programs. At that time, we stated: While no clear legal precedent has yet been judicially imposed upon fitness professionals to mandate screening for their clients prior to the commencement of activity programs, the industry seems to have overwhelming adopted some form of pre-activity screening as part of the standard of care owed by fitness professionals to clients.
- [Specialized Activity Program Leads to Suit Against Personal Trainer and Gym](https://cphins.com/specialized-activity-program-leads-to-suit-against-personal-trainer-and-gym/) - In a very recent case from New Jersey, the Plaintiff, a wheelchair bound quadriplegic, attended a personal training program at the Defendant fitness center in 2014. He came under the care and direction of another Defendant, a certified personal trainer, to help improve his bone density and help get his body “back in shape.”
- [Running Treadmill Leads to Serious Injury and Suit - Waiver Does Not Protect the Club](https://cphins.com/running-treadmill-leads-to-serious-injury-and-suit-waiver-does-not-protect-the-club/) - In a very recent and interesting case from New Jersey,[1] the plaintiff was injured while using a treadmill. The court set forth the facts as follows:...
- [Exercise Equipment Injuries and Claims and Suits –  Defending against Litigation](https://cphins.com/exercise-equipment-injuries-and-claims-and-suits-defending-against-litigation/) - As we have pointed out in various articles in this column, exercise equipment use by fitness facility clients can lead to injury and then claim and suit. While treadmills may account for a significant segment of these kinds of incidents, any exercise device can lead to injury and then claim and suit. Oftentimes, frequent pre-use inspections can help avoid some such injuries and sometimes then prevent claims and suits from ever arising or at least provide an effective defense to such litigation. To be sure, inspections are useful in defending litigation.
- [Club Member’s Claims of Willful and Wanton Conduct  to Proceed Against Personal Trainer and Health Club](https://cphins.com/club-members-claims-of-willful-and-wanton-conduct-to-proceed-against-personal-trainer-and-health-club/) - As we have recommended several time in this column, pre-activity waivers of liability often protect fitness professionals and fitness facility from injury claims based upon negligence – at least in those states where those documents are recognized as being legally effective. However, as we have also previously pointed out, claims beyond mere negligence – ones for gross negligence, willful/wanton conduct or even criminal activity will not be barred by executing a pre-activity waiver document.
- [Is My Gym's Liability Waiver Enough?](https://cphins.com/gym-liability-waivers/) - As a wellness or fitness professional, protecting your professional practice should be top of mind. Even with regular inspections, safety protocols and qualified trainers, workout related accidents can and do happen. Gym Owners should highly consider professional and general liability insurance to protect themselves from such lawsuits and including liability waivers alongside membership contracts. Liability waivers are typically enforceable, but not always airtight.
- [Questions to Ask Before Taking Your Client’s Workout Outdoors](https://cphins.com/questions-to-ask-before-taking-your-clients-workout-outdoors/) - While you can't beat the convenience of the treadmill and elliptical, there's nothing quite like working out in the sunshine. Fitness professionals should be aware of the potential liability that comes with providing outdoor exercise and take steps to keep their risks at a minimum.
- [Can Personal Trainers Give Nutrition Advice?](https://cphins.com/can-personal-trainers-give-nutrition-advice/) - Health and fitness pros know that to help a client transform their body, you must address movement, lifestyle, and nutrition. They know that without proper nutrition, clients will struggle to meet their health goals. The catch? Unless you are a Registered Dietitian (RD), your ability to provide recommendations are legally limited.
- [How To Select A Niche For Your Coaching Business](https://cphins.com/select-niche-coaching-business/) - How To Select A Niche For Your Coaching Business One of the most common topics, and potentially most important decisions a coach has to make, is related to selecting a niche for their business. The thought of “niching down”, so to say, can leave most business owners scared for the simple fact that it will
- [Fitness Standard of Care](https://cphins.com/fitness-standard-of-care/) - In recent years the personal training industry has been growing rapidly. According to the National Strength and Conditioning Association (NSCA), it is expected that the fitness industry will grow at least 24% between 2010 and 2020. Some may consider this type of growth alarming considering the limited regulations within the personal training industry...
- [The State Nurse Practice Act, Nursing Ethics and School Nursing Practice](https://cphins.com/the-state-nurse-practice-act-nursing-ethics-and-school-nursing-practice/) - School nursing is an interesting, challenging and rewarding specialty of nursing practice. Providing nursing care to students of all ages has its own challenges and unique benefits. Yet, if you are a school nurse, you know school nursing can be quite isolating. Although some of you are lucky to have school nurse consultants, other school nurse colleagues in different schools within a district, or a school nurse who “heads” the school health program in a particular district, many of you are the only nurse in the entire system. There is no other nurse—indeed no other health professional—to seek an answer to a question about a particular student or treatment issue.
- [What is a Nurse Manager's Liability for Patient Care?](https://cphins.com/what-is-a-nurse-managers-liability-for-patient-care/) - I often get questions about being a “charge nurse” or being a nurse manager on a unit. Many of the nurses who ask this question are concerned about their liability in this role should a patient be injured due to the alleged negligent care of one of the nursing staff. A charge nurse or nurse manager could potentially have some liability should an injury occur, but the liability is different from that of the staff nurse caring for the patient at the time of injury.
- [Handoffs When You Leave the Unit](https://cphins.com/handoffs-when-you-leave-the-unit/) - You may question the wisdom of leaving patients in the care of another staff member or members when you leave the unit for lunch, when you accompany a patient for a diagnostic test, or when you simply take a scheduled break. As you know all too well, the need for some “R & R”, food, or the necessity to be with your patient when procedures or tests need to be done is a normal occurrence.
- [Could Your Conduct be Seen as Outrageous and Extreme?](https://cphins.com/could-your-conduct-be-seen-as-outrageous-and-extreme/) - The tort of intentional infliction of emotional distress is not a common tort . When it “stands alone” as the only allegation in a lawsuit, it is not favored by courts. 1 Moreover, the conduct alleged to have occurred by the defendant must be outrageous, something that would offend a person of ordinary sensibilities. An injured plaintiff must prove that this tort occurred by clear and convincing evidence. The patient or family member’s interest that is violated when intentional infliction of emotional distress is experienced is peace of mind. 2
- [Was the Extubation of the Patient the Cause of her Death?](https://cphins.com/was-the-extubation-of-the-patient-the-cause-of-her-death/) - In last month’s bulletin, Miller v. Markowitz, Dalecki and Memorial Hospital For Cancer & Allied Disease, 1 was reviewed with a focus on the issue of informed consent for the EGD procedure. In addition to an allegation of lack of informed consent for the procedure, the patient’s executor also alleged that professional negligence against the physicians and the hospital, pleading that the defendants failed to timely “resuscitate and oxygenate” the patient during a code.
- [Are You at Risk for an Allegation of Patient Abandonment?](https://cphins.com/are-you-at-risk-for-an-allegation-of-patient-abandonment/) - Many nurses are concerned about patient care situations that may result in an allegation of patient abandonment. It might be helpful to explore the definition of patient abandonment, how it applies to nursing practice, and considerations to avoid such an allegation.
- [What is Informed Consent for a Surgical Procedure and was it Obtained?](https://cphins.com/what-is-informed-consent-for-a-surgical-procedure-and-was-it-obtained/) - In Miller v. Markowitz, Dalecki and Memorial Hospital For Cancer & Allied Disease 1, one issue in the case was whether or not the patient’s informed consent for a esophagogastroduodenoscopy (“EGD”) was obtained. The patient consulted with Dr. Markowitz, a gastroenterologist because of epigastric burning, dyspepsia, and abdominal pain. At that time, she also had an “Endoscopy Nursing Patient Assessment”. 2 The patient denied any history of high blood pressure, high cholesterol, vascular disease, fainting, chest pains or shortness of breath. Although seen by a cardiologist several years prior to this assessment, no diagnoses of any cardiac diseases were made and her medical records revealed none.
- [What are the Defenses to Allegations of Assault and Battery?](https://cphins.com/what-are-the-defenses-to-allegations-of-assault-and-battery/) - When a patient alleges that you committed an assault or a battery against him or her, you would probably be fearful that you have few ways in which to protect yourself from these unproven assertions. Luckily, there are several defenses to both intentional torts.
- [Happy Nurses Week!](https://cphins.com/happy-nurses-week/) - May 6-13, 2013 is National Nurses Week. This year’s theme is “Delivering Quality and Innovation In Patient Care”. Quality care is something that you strive for on a regular basis as a practicing nurse. Indeed, your annual evaluations measure your success in meeting that goal.
- [Nurses and Mandatory Reporting Laws](https://cphins.com/nurses-and-mandatory-reporting-laws/) - Federal and state laws require that certain individuals, particularly those who work in health care, with the elderly, with children, and other vulnerable populations, have an affirmative duty to report to a specified state agency when violence occurs against those populations.
- [What is an "Unresonable and Foreseeable Risk of Harm" to a Patient](https://cphins.com/what-is-an-unresonable-and-foreseeable-risk-of-harm-to-a-patient/) - You may remember that in one of the earliest Bulletins, I wrote about professional negligence and that one of the overall duties of a nurse is to protect a patient from an unreasonable and foreseeable risk of harm.
- [What Types of Conduct do Boards of Nursing Consider as Unethical, Unprofessional or Illegal Conduct by Nurse Licensees?](https://cphins.com/what-types-of-conduct-do-boards-of-nursing-consider-as-unethical-unprofessional-or-illegal-conduct-by-nurse-licensees/) - As you know, state boards of nursing are empowered with the duty to administer and enforce the state nurse practice act and its rules. This duty is based on the board’s overall duty to protect the public from unsafe and/or incompetent practitioners.
- [Home Health Care Nursing - Good Communication is Essential](https://cphins.com/home-health-care-nursing-good-communication-is-essential/) - There are many legal concerns/issues in the delivery of home health care. One of the most important is the necessity of open, complete, timely and accurate communication among and between those who provide care to a patient in the home.
- [Be Prepared When Giving a Deposition](https://cphins.com/be-prepared-when-giving-a-deposition/) - Some of you may have given a deposition in response to a lawsuit that named you as a defendant or subpoenaed you to testify because you were an occurrence witness. You may recall that a deposition is form of discovery in a lawsuit.
- [So You Want to be an RN First Assistant?](https://cphins.com/so-you-want-to-be-an-rn-first-assistant/) - You may have been practicing in the Perioperative nursing area for some time and have decided to take on a “new” role, that of RN First Assistant. RN First Assistants function in an expanded role and work in collaboration with the surgeon and other Perioperative health team members. The RNFA practices at the direction of the surgeon. RN First Assistants do not function as a scrub nurse nor the “instrument nurse” at the same time they perform in the role of RNFA.1
- [What are Some of the Trusted Sites on the Internets for Legal and Ethical Information and my Practice?](https://cphins.com/what-are-some-of-the-trusted-sites-on-the-internet-for-legal-and-ethical-information-and-my-practice/) - As you already know, there are many, many sources of information on the Internet that pertains to the legal and ethical aspects of your practice. However, some are more trusted and more acceptable than others.
- [How Does a Job Description Help You Avoid Professional Liability?](https://cphins.com/how-does-a-job-description-help-you-avoid-professional-liability/) - When applying for a position in any health care setting and in any area of nursing practice, a job description of the position is an essential first step in deciding whether or not the job is for you and you are for the job.
- [How Open Communications Within the Health Care Facility Reduces Liability](https://cphins.com/how-open-communications-within-the-health-care-facility-reduces-liability/) - Health care delivery requires a plethora of communication among and between all facility staff, among and between families and facility staff, and among and between referral and transfer staff, to name a few. And the categories of communication varies widely, including telephone calls and consultations; electronic medical records (EMRs) or hard copy records that retain nurses notes, physician notes and orders; MARs; lab report results; and MRI results and impressions.
- [Why Does Continuing Education Help With Risk Management?](https://cphins.com/why-does-continuing-education-help-with-risk-management/) - In recent years, many states have required licensed nurses, sometimes including all levels of licensure, to complete continuing education courses in order to renew their licenses. Illinois, Iowa, Alabama, Delaware, Utah, New Mexico, and Pennsylvania are but a few states that require continuing education courses. Each state that has mandatory continuing education sets its own hours, the types of courses that are acceptable, and which licensed nurses are required to complete the requirements. Similarly, if a licensed nurse does not complete the requirements prior to licensure, the state sets its own ramifications (e.g., a fine, completion of required courses within a certain time, no renewal). 1
- [Questioning Discharge Instructions - An Example of Open Lines of Communication](https://cphins.com/questioning-discharge-instructions-an-example-of-open-lines-of-communication/) - Rick Martin was admitted to a Texas medical center for a cardiac catheterization and a stent was placed in his coronary artery. (1) After the successful procedure was competed, the patient was admitted to the medical center for a short time and started on Plavix.
- [Now It's Your Turn](https://cphins.com/now-its-your-turn/) - It doesn’t seem possible that this Bulletin for nurses has been up and running since October of 2011. Time has really flown by for me and I hope that the Bulletin has been helpful to you in learning more about the legal aspects and issues of your professional practice.
- [Documentation of Patient Care - It is Your Best Defense Against Allegations of Professional Negligence](https://cphins.com/documentation-of-patient-care-it-is-your-best-defense-against-allegations-of-professional-negligence/) - By now I’m sure you are “sick and tired” of hearing that accurate, complete and timely documentation is your best defense against allegations of professional negligence. Well, despite your reaction to hearing it, this is a true statement. Documentation of patient care, whether in narrative form or in an electronic format, is an essential component of patient care and an invaluable risk management tool from a defensive perspective.
- [What is a Statute (NOT Statue!) of Limitations?](https://cphins.com/what-is-a-statute-not-statue-of-limitations/) - An important legal principle, and one that has been briefly discussed in some of the cases presented in earlier Bulletins, is the statute of limitations. It is defined as either a state or federal law passed by the respective legislatures that sets the maximum time period during which an action can be brought [in court] or rights enforced. (1) After the time period has “run”, no legal action can be brought or rights enforced.
- [What's the Difference Between a Complaint and a Summons?](https://cphins.com/whats-the-difference-between-a-complaint-and-a-summons/) - If you have ever been sued for any civil cause of action, you already know the difference between a summons and a complaint. But for those of you who have never had the experience of a civil lawsuit being filed against you, it is important to know the difference between these two documents.
- [I Just Got a Subpoena. What is it?](https://cphins.com/i-just-got-a-subpoena-what-is-it/) - If you have been required to either go to court to testify as a witness in an on-going professional negligence suit, or you have been hired as an expert witness to establish the standard of care in a professional negligence suit, you know what a subpoena is. For those of you who have not experienced either scenario, it is helpful to know what a subpoena is in the event you are ever served with one.
- [Defenses to a Professional Negligence Suit](https://cphins.com/defenses-to-a-professional-negligence-suit/) - The statute of limitations, discussed in an earlier bulletin, is one of the defenses to a professional negligence action. A second, important defense your attorney will scrutinize is if the person filing the suit, the plaintiff, has plead, and is able to prove, the essential elements of the case against you.
- [Where Do You Keep Your License?](https://cphins.com/where-do-you-keep-your-license/) - I am always happy to get the hard copy of my professional nurse license in my hands. Even though I renew on time, I am never quite sure “all is well” until it comes in the mail and I see it with my own eyes. I then place it in a safe place in my office.
- [Taking Stock of This Year](https://cphins.com/taking-stock-of-this-year/) - It hardly seems possible that another year is about to be over. And, what a year it has been! The world seems to be in a bit of a mess and positive outcomes for all of its problems seem far, far away. The problems of too many wars, of people and governmental representatives not getting along, too much violence, and too little compassion for others are just a few of those problems.
- [How do I Understand a Legal Citation?](https://cphins.com/how-do-i-understand-a-legal-citation/) - In many of the bulletins, I have presented a case and its legal citation for your review. You may have asked “How can I understand this?” Understanding a legal citation is important, especially if you want to, as an example, read the case for yourself. So, a guide in helping you to do is a useful tool in your understanding of the law and your nursing practice.
- [Which is it: Assault or Battery?](https://cphins.com/which-is-it-assault-or-battery/) - The words “assault” and “battery” are often used and often interchanged. However, in the eyes of the law, the two are very different. And, these two torts can, and do, occur in health care delivery.
- [What Does it Mean to "Testify Under Oath?"](https://cphins.com/what-does-it-mean-to-testify-under-oath/) - If you have ever given a deposition, either as a witness or as a named party, in any type of legal proceeding, sworn to an affidavit, or testified at a trial or hearing, before you signed the document or before you spoke, you were sworn to “tell the truth, the whole truth, and nothing but the truth so help you God”, or something to that effect. Although you might think such an oath is more “pro forma” than anything else, it is far from that.
- [What is Delegation and to Whom Should I Delegate Aspects of Nursing Care?](https://cphins.com/what-is-delegation-and-to-whom-should-i-delegate-aspects-of-nursing-care/) - One author has stated that the delegation of patient care, the assignment of patient care to another member of the health care team, and the supervision of the care delegated are “core competencies for the 21st Century (registered) nurse”.1 Although delegation by the registered profession nurse has been around for a long, long time, it is becoming an increasingly important tool in the delivery of patient care due to limited resources (including nursing staff) and the number of patients or individuals who need nursing care in all health care delivery settings.
- [Have You read it Recently?](https://cphins.com/have-you-read-it-recently/) - The American Nurses Association Code of Ethics for Nurses With Interpretive Statements 1 has been since 2001. It is an important document and its purposes are to: (1) provide a succinct statement of the ethical obligations and duties of every individual who enters the nursing profession; (2) establish the profession’s nonnegotiable ethical standard; and (3) express nursing’s own understanding of its commitment to society. 2 The document provides a framework for use by the nurse to evaluate and decide about ethical issues when they arise.
- [How Does Contract Law Affect Nurses?](https://cphins.com/how-does-contract-law-affect-nurses/) - Contract law involves promises, either current or in the future, that are enforceable or otherwise recognizable at law. 1 Contract law does not involve the law of torts but rather is created by agreement of the parties to a written or oral agreement. 2 There are many types of contracts: a contract for the sale of property for a specific price, a performance contract, a marriage contract, and a service contract, as examples.
- [Who Can Give Informed Consent and What is the Nurse's Role in Obtaining Consent for Treatment?](https://cphins.com/who-can-give-informed-consent-and-what-is-the-nurses-role-in-obtaining-consent-for-treatment/) - Nurses are often confused as to what their role is when obtaining consent for treatment. In most employment settings, the employer has adopted a policy concerning the nurse’s role and when such a policy exists, it should be followed. If questions arise about the policy, seeking information out from resources within the facility, including the nurse manager or the risk manager, is a good idea.
- [What is Liability Anyway?](https://cphins.com/what-is-liability-anyway/) - During the many years I have been practicing law, one main question—albeit in many forms-- is asked by almost every nurse who has attended one of my seminars, who has been a student in one of my classes, or who has utilized my legal services as a client: “Who is liable in this situation?”
- [Patient Privacy, Confidentiality and Social Networking](https://cphins.com/patient-privacy-confidentiality-and-social-networking/) - As a nurse, you know the importance of a patient’s right to privacy and confidentiality. These rights are grounded in the law and in ethical principles that govern the nursing profession, including the American Nurses Association’s Code of Ethics for Nurses With Interpretive Statements (1).
- [Professional Negligence: A Brief Primer](https://cphins.com/professional-negligence-a-brief-primer/) - The first Bulletin covered the topic of liability and briefly discussed a nurse licensee’s potential involvement in several types of lawsuits, including professional negligence.
- [“The Thing Speaks For Itself”](https://cphins.com/the-thing-speaks-for-itself/) - At one time or another, you have probably used this phrase in your everyday conversations with friends, family, and even with nurse colleagues. However it was used in those conversations, in the legal world of professional negligence, it has a very specific meaning.
- [Who Has The Burden Of Proof?](https://cphins.com/who-has-the-burden-of-proof/) - There are various rules which apply to a case when a case is filed in court. Such rules result in all parties in the case abiding by the same rules as the case makes its way through the judicial process. Arguably, then, there should be no surprises as the case develops and the lawyers for the plaintiff and the defendant adhere to these rules with the hopes of winning the case for their client.
- [You be the Jury #1](https://cphins.com/you-be-the-jury/) - In previous bulletins, topics such as professional negligence, liability, and the burden of proof have been covered. It might be interesting for you to try and apply some of the principles presented in those bulletins to an actual case (1). Your role is as a juror and you must make a decision as to the negligence or non-negligence of the nurse and/or the hospital defendants in the case.
- [Who Can Be Named in a Suit?](https://cphins.com/avoiding-liability-bulletin-7/) - In the last Professional Liability Bulletin, a case adapted from Galvez v. Loma Linda University Medical Center was presented. Several issues were listed for you to think about and respond to at the end of the Bulletin. To date, I have not received any comments from you, so I decided to share some of my comments for you to consider. I would still be interested in hearing from you about this case and the issues it presents.
- [You be the Jury #3](https://cphins.com/you-be-the-jury-continued-2/) - Thanks to those readers who posted comments about Nurse Jones and Mr. Smith’s care. One comment in particular, that Nurse Jones had not documented anything in Mr. Smith’s CCU record for 9 hours, is unacceptable care. Furthermore, the comment continues, what would Nurse Jones say?
- [You be the Jury #4](https://cphins.com/you-be-the-jury-continued-3/) - It is time to discover what happened in the real case upon which the adopted case in the bulletin was based. The actual ending is quite interesting. As you recall, the plaintiff, Mr. Galvez in the real case, sued Loma Linda University Medical Center (LLUMC) after suffering permanent and disabling damage to his right hand because of, he alleged, an infiltration of IV fluid into this hand. The trial court granted LLUMC’s motion for a nonsuit (dismissal of the case without a decision on the merits) (1) because Mr. Galvez failed to establish causation of the damage to his right hand, which, if you recall, is one of the essential elements of (professional) negligence.
- [What Do You Know About Your State Board of Nursing?](https://cphins.com/what-do-you-know-about-your-state-board-of-nursing/) - In the past few bulletins, the topic focused on professional liability in the area of professional negligence/malpractice. This is a vital area for you to be as familiar with as you possibly can be, and we will continue to review areas of that topic. However, another imperative topic for you to know about and understand is your board of nursing.
- [What Rights do Nurses Have When Appearing Before the Board of Nursing?](https://cphins.com/what-rights-do-nurses-have-when-appearing-before-the-board-of-nursing/) - The protections afforded a nurse licensee who has allegedly violated the nurse practice act or its rules and must answer to the state board of nursing are grounded in the act and rules themselves, as well as the state and United States Constitution. Because the board of nursing and the nurse practice act are created by a state’s government (through its legislature), unique safeguards exist for any licensee, including a nurse licensee.
- [What's Involved in Getting Informed Consent for Treatment?](https://cphins.com/whats-involved-in-getting-informed-consent-for-treatment/) - The last Bulletin spelled out your role in obtaining informed consent for treatment from a patient who is undergoing treatment or about to have a surgical procedure. What was not presented was what constitutes informed consent-or informed refusal-when it is sought by the treating health care professional, including an advanced practice nurse.
- [What Discipline Can a Board of Nursing Impose Against a Nurse Licensee?](https://cphins.com/what-discipline-can-a-board-of-nursing-impose-against-a-nurse-licensee/) - If allegations against a nurse are proven, or he or she admits to the allegations, a board of nursing has the authority to discipline the nurse. The purpose of the discipline imposed is remediation; in other words, “to correct practice and promote safety”. (1) As a result, the nurse’s practice will be affected in some way and the nurse must fulfill the requirements of the discipline imposed in order for the licensee’s license to return to an unencumbered status. (2) The types of discipline vary from state to state, due to the fact that each state has the authority to pass its own nurse practice act and rules. Even so, common disciplines appear, in some form, in most acts.
- [What Conduct by a Nurse Licensee Would Allow the Board of Nursing to Take Disciplinary Action Against a Nurse?](https://cphins.com/what-conduct-by-a-nurse-licensee-would-allow-the-board-of-nursing-to-take-disciplinary-action-against-a-nurse/) - This bulletin discusses some of the grounds upon which a board can take disciplinary action against a nurse if they are proven.

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- [Partner With Us](https://cphins.com/partner-with-us/) - At CPH Insurance we believe that purchasing an insurance product should be easy. That is why we developed a platform that is simple and efficient.
- [Carriers](https://cphins.com/insurance-carriers/) - Philadelphia Indemnity Insurance Company is CPH Insurance carrier for their Mental / Allied Health Professional Liability Insurance, Directors & Officers Insurance, Special Event Insurance and Health / Life Coach Professional Liability Insurance. MedPro is the insurance carrier for the CPH Insurance Wellness / Fitness Professional Liability Insurance. Both carriers are rated A++ from A.M. Best in financial strength.
- [Behavioral Health](https://cphins.com/apply/behavioral-health/) - Behavioral Health Select your occupation below to apply. BCBA TutorBehavior ConsultantBehavior SpecialistBehavior TechnicianBehavior TherapistBoard Certified Assistant Behavior AnalystBoard Certified Behavior AnalystBoard Certified Behavior Analyst - DoctoralDevelopmental Disability SpecialistDevelopmental TherapistDirect Support ProfessionalEarly Childhood InterventionistLicensed Assistant Behavior AnalystLicensed Assistant Behavioral AnalystLicensed Behavior AnalystLicensed Behavioral AnalystRegistered Behavioral Technician (RBT)Student - Behavior Analysis All Occupations
- [Privacy Policy](https://cphins.com/privacy-policy/) - Privacy Policy Last Updated May 17, 2023 This privacy policy governs your use of our websites in the United States, including the sites and applications that link to this Privacy Policy, such as www.cphins.com and our online patient portal, available at www.insure-portal.com (which we refer to collectively in this Privacy Policy as the “Site,” which
- [Business Entity Malpractice Insurance](https://cphins.com/business-entity-malpractice-insurance/) - Learn more about incorporated business entity malpractice insurance from CPH Insurance!
- [Malpractice Insurance Professions](https://cphins.com/malpractice-insurance-professions/) - Professions CPH Insurance insures, including allied health, behavior analysis, mental health, nursing, and wellness and fitness professionals.
- [Business Wellness](https://cphins.com/business-wellness/) - BUSINESS MALPRACTICE INSURANCE for Fitness, Wellness & Coaching Businesses. Helping others reach their goals while protecting your employees. It's what you do.
- [NHMHCA](https://cphins.com/nhmhca/) - You're great at helping others.Don't forget to help yourself. Malpractice Insurance for mental health counselors. Proud Partners Get a Quote & Apply CPH Insurance is proud to serve New Hampshire Mental Health Counselors Association members in support of professional growth and development. As a state chapter who has dedicated their career to helping others, you
- [Supplemental Privacy Notice for California Residents](https://cphins.com/ca-privacy-notice/) - Supplemental Information for California Residents Last Updated May 17, 2023 This Supplemental Information for California Residents (“California Notice”) is a part of, and supplements, the CPH & Associates Insurance Agency dba CPH Insurance Privacy Policy (the “Privacy Policy”), available here. This California Notice applies only to residents of California (who are referred to as “you”
- [Terms of Service](https://cphins.com/terms-of-use/) - Terms of Use and Agreement between user and CPH Insurance Professional Liability Insurance Counselor Malpractice.
- [INDIVIDUAL MENTAL & ALLIED HEALTH PROFESSIONAL LIABILITY HIGHLIGHTS](https://cphins.com/malpractice-detailed-highlights/) - CPH & Associates Professional Liability policy highlights featuring Unlimited Defense Coverage, State Licensing Board Defense Coverage, Portability and more!
- [Health & Wellness Professionals](https://cphins.com/wellness-fitness-professionals/) - Receive an instant online quote for health and wellness professional malpractice insurance to protect your career. Apply today!
- [About CPH](https://cphins.com/about-cph/) - Who We Are About CPH Insurance When you build your own company from the ground up, you get to make choices. You choose the people you hire, you choose the technology that makes your business run—you choose everything, down to the coffee maker. You get the chance to determine how your company is different than
- [Business Entities](https://cphins.com/business-entities/) - Receive a quote and apply online for professional liability Insurance for outpatient mental & allied health group practices, corporations, nonprofits and more!
- [Printable Applications: Health & Wellness](https://cphins.com/wellfit-business-entity-printable-applications/) - Printable Applications: Health & Wellness PRINTABLE APPLICATIONS FOR HEALTH & WELLNESS BUSINESS ENTITIES Kansas Applicants Louisiana Applicants Maryland Applicants New Hampshire Applicants Nevada Applicants New York Applicants Oklahoma Applicants All Other States Applicants
- [Thank you for your partnership interest!](https://cphins.com/thank-you-partnership/) - Thank you for your partnership interest! Your message was successfully sent! We will contact you shortly. Thank you for your interest in partnering with CPH Insurance! We look forward to learning more about how we can help.
- [Legal Resources](https://cphins.com/legal-resources/) - CPH Insurance offers legal resources for their insureds such as the Avoiding Liability Bulletin and the Avoiding Liability Helpline for one-on-one attorney consult.
- [Printable Applications: Mental & Allied Health](https://cphins.com/printable-applications/) - Receive a quote for Malpractice Insurance online or by completing one of our printable applications.
- [Malpractice Insurance](https://cphins.com/malpractice-insurance/) - Malpractice Insurance Protecting your livelihood is a necessity in today’s litigious environment. Professional liability insurance provides protection and defense in the event of a lawsuit, as well as regulatory board investigations. CPH Insurance offers a variety of professional liability insurance programs for a wide range of professions. Select your program below to learn more about
- [Licenses](https://cphins.com/licenses/) - CPH Insurance – Insurance Agency is licensed in and proudly serving Property and Casualty insurance in all 50 United States.
- [Endorsers](https://cphins.com/endorsers-m-ah/) - CPH Insurance is a leader for mental health professional liability insurance and health & wellness professionals, endorsed by mental health professional organizations and fitness organizations.
- [Thank you for contacting us](https://cphins.com/thank-you-for-contacting-us/) - Thank you for contacting us Your message was successfully sent! All inquiries will be responded to within 1 business day. If you are requesting a change to your policy, please note our processing time for endorsements is 5 to 7 business days. As soon as your request is processed we will send documents changing your
- [Loss Information and Medical Conditions Supplemental Forms: Wellness & Fitness](https://cphins.com/forms-and-applications/) - Loss Information and Medical Conditions Supplemental Forms: Wellness & Fitness Loss Information HCPG-LI-SUPP-FL – Loss Information Supp (08-12) 1.10.13 – Florida Applicants HCPG-LI-SUPP-LA – Loss Information Supp (08-12) – Louisiana Applicants HCPG-LI-SUPP-NH – Loss Information Supp (08-12) – New Hampshire Applicants NY RRG HCPG-LI-SUPP-NY – Loss Information Supp (08-12) – New York Applicants HCPG-MSTR-LI-SUPP-01 –

## FAQs

- [Can the school be covered on a Student Blanket Policy?](https://cphins.com/ufaq/can-the-school-be-covered-on-a-student-blanket-policy/) - Yes, the school may also be covered. When a lawsuit results from a student's action, the school will often be named in the suit. This policy will provide coverage for the school when it is named in the same claim or suit for damages for which a student and /or faculty member insured under the
- [Does CPH Insurance offer Cyber Liability?](https://cphins.com/ufaq/does-cph-associates-offer-cyber-liability/) - Yes, cyber liability coverage is extended to our mental and allied health professionals as a claims-made endorsement. We do not offer cyber liability as a stand alone policy; you must have a professional liability policy with CPH Insurance in order to add cyber liability. There are two different levels of coverage offered. For more detailed
- [What is the refund policy for the Special Event Liability Insurance Policy?](https://cphins.com/ufaq/what-is-the-refund-policy-for-the-special-event-liability-insurance-policy/) - Policies can be canceled and refunded if we receive written request from the named insured prior to the policy effective date. Policy premiums, taxes, and other charges are fully earned at policy inception and are non-refundable in the event of cancellation of coverage by the insured.
- [What is an additional insured, and how can I add them to my policy?](https://cphins.com/ufaq/what-is-an-additional-insured-and-how-can-i-add-them-to-my-policy/) - An additional insured is an entity that can seek coverage under your policy if held liable in a claim or suit resulting from your event. You may add an additional insured to your policy within your online application at no additional premium. An additional insured premium will apply if the attendance at your event exceeds
- [What is the "CPH TOP" (general liability and property coverage)?](https://cphins.com/ufaq/what-is-the-cph-top/) - CPH TOP is an optional enhancement that will add the following location specific coverage to your professional liability policy: COMMERCIAL GENERAL LIABILITY COVERAGE. Also known as “Slip and Fall,” or “Premises Liability", coverage. This coverage is $182/yr and also includes: Bodily Injury & Property Damage Liability Host Liquor Liability Personal Liability $250,000 for Fire &
- [I am already insured with CPH, but the type of policy I need has changed. Do I need to fill out a new application and take out a new policy?](https://cphins.com/ufaq/i-am-already-insured-with-cph-and-associates-but-the-type-of-policy-that-i-need-has-changed-do-i-need-to-fill-out-a-new-application-and-take-out-a-new-policy/) - No, in most cases you do not need to fill out a new application or take out a new policy. Usually, you can change your policy to fit your needs. If you fill out a new application instead of upgrading, you may actually overpay for your policy or end up with duplicate coverage. Instead, most
- [I am not getting sued, but have legal questions regarding a situation with an existing or past client. Can I talk to an attorney?](https://cphins.com/ufaq/i-am-not-getting-sued-but-have-legal-questions-regarding-a-situation-with-an-existing-client-who-can-i-talk-to-in-order-to-try-to-prevent-a-claim-situation-from-occurring/) - If you are a member of a professional association such as AAMFT, CAMFT, AMHCA or ACA, we recommend to first always call your professional association. Many of them have attorneys on staff and can provide legal and ethical guidance as well as share with you valuable practical experience they have gathered from other members who
- [How do I report a claim (subpoena, lawsuit, board complaint)?](https://cphins.com/ufaq/i-have-received-notice-of-a-claim-or-lawsuit-against-me-a-subpoena-a-summons-or-another-complaint-which-might-result-in-a-claim-against-me-or-i-need-to-collect-reimbursement-for-one-of-the-additio/) - First, determine whether or not you were insured with CPH Insurance at the time of the incident or treatment that led to the complaint or claim. You must have been insured with CPH Insurance at the time of the incident in order for coverage under this policy to apply. Log into your customer portal to
- [I am a recent graduate from school. Do I need a different policy?](https://cphins.com/ufaq/i-am-a-recent-graduate-from-school-what-do-i-do/) - If you have graduated and are now a Post-Masters/Associate level provider AND you are required by your state to complete a number of supervised hours towards a license, you are eligible for the "Post-Masters/Intern" rate. If you are currently insured with CPH as student, you must upgrade your policy to reflect your new post-masters status.
- [What is a DBA?](https://cphins.com/ufaq/what-is-a-dba/) - DBA is an abbreviation for "Doing Business As". This section should be completed only when you operate as an individual or partner under a registered fictitious trade name (example: ABC Therapy Group) Certificates of insurance would be issued to the individual using the business name ABC Therapy Group. If you are incorporated, this is not
- [I am practicing outside of the Continental U.S., Alaska or Hawaii—do I still qualify for coverage?](https://cphins.com/ufaq/i-am-practicing-outside-of-the-continental-u-s-alaska-or-hawaii-do-i-still-qualify-for-coverage/) - Coverage only extends to practice within U.S. states or territories. You are required to provide a mailing address within the continental U.S., Alaska or Hawaii. Military personnel must provide an alternate mailing address—we cannot accept APO addresses as your mailing address. If you are providing services temporarily to a patient who is residing outside of the U.S.,
- [How do I choose my employment category? What do the "employed and/or self-employed" hours mean?](https://cphins.com/ufaq/how-do-i-choose-my-category-what-do-the-employed-and-or-self-employed-hours-mean/) - Those applicants that apply as individual providers will indicate if they are employed, self-employed, or both. These categories determine the annual premium for the policy. Employed providers receive a W-2 from their employer and withholds taxes for you. If the only work you provide is as an employed provider, you will simply indicate "W-2 employed"
- [Do I qualify for any discounts?](https://cphins.com/ufaq/do-i-qualify-for-any-discounts/) - Applicants who apply and are approved online will receive a 5% discount on the professional liability premium (not available in TN and ME). Fully licensed professionals qualify for a 10% discount on the professional liability premium for completing your state's legal and ethical CEU requirement for licensure renewal. If you have recently (within the last
- [What if I can't apply online but need proof of coverage as soon as possible?](https://cphins.com/ufaq/what-if-i-cant-apply-online-but-need-proof-of-coverage-as-soon-as-possible/) - Normal processing time for mailed applications is 1-2 business days after the application has been received in our office. Once approved and payment is received, your documents are sent immediately via email (or mail, if you do not provide an email address). You may also download your documents through our customer portal. Log into your
- [How do I know when I am covered?](https://cphins.com/ufaq/how-do-i-know-when-i-am-covered/) - Applications submitted and approved online will result in a confirmation page with links to your documents immediately after payment is provided. In addition, the documents are automatically emailed to you and available 24/7 in your online customer portal. Applications that can not be issued online and require additional underwriting are reviewed within 2 business days
- [Can I apply over the phone?](https://cphins.com/ufaq/can-i-apply-over-the-phone/) - No, we do not accept applications over the phone. Every application must be completed in full and signed by the insured. Applications may be submitted online or via mail with a paper application. Paper applications can be requested by calling our office at 800-875-1911.
- [Can I submit my application online?](https://cphins.com/ufaq/can-i-submit-my-application-online/) - Yes! Most applications can be processed in real-time online. Those that require additional underwriting can still be submitted online and will be reviewed by an underwriting within 2 business days. Apply for a New Policy Click here to receive an instant quote and apply for coverage. Renew Your Existing Policy MY ACCOUNT Log into your customer
- [Is it OK to let my policy lapse?](https://cphins.com/ufaq/is-it-ok-to-let-my-policy-lapse/) - Generally speaking, while you are practicing it is recommended that you always maintain continuous coverage. If you allow your policy to lapse, you will have to reapply for a new policy. If you have had 2 or more lapsed or cancelled policies with CPH Insurance, you are ineligible for another policy with our company. If
- [What if I have more than one license/occupation that I need coverage for?](https://cphins.com/ufaq/what-if-i-have-more-than-one-license-occupation-that-i-need-coverage-for/) - The general rule is that as long as both licenses types fit the profile of what we normally insure, you pay the higher premium of the 2 licenses (e.g. if you are a clinical psychologist and an MFT, you would pay the psychologist rate), but there is no additional charge to cover the second license.
- [Can I add my vendors (e.g. DJ or photographer) to my policy as additional insureds?](https://cphins.com/ufaq/can-i-add-my-vendors-e-g-dj-or-photographer-to-my-policy-as-additional-insureds/) - No. Special Event Liability insurance affords coverage to the Named Insured. The owners and/or lessors of premises, lessors of leased equipment, sponsors, promoters and co-promoters are the only entities that can be added to the certificate as additional insureds.
- [Does CPH Insurance offer Business Income and Extra Expense coverage?](https://cphins.com/ufaq/does-cph-associates-offer-business-income-and-extra-expense-coverage/) - Yes. CPH malpractice policy holders have the option to add Business Income & Extra Expense Coverage if they also add CPH TOP coverage (general liability and business personal property) to their policy. Together, these coverages provide protection for incidents related to slip and fall, damage to your personal property and potential loss of income as
- [Can I view the policy specimen (“sample policy”) before purchasing a policy?](https://cphins.com/ufaq/can-i-view-the-policy-specimen-sample-policy-before-purchasing-a-policy/) - Yes. Please be advised that all specimens are only samples and do not represent the forms/conditions/terms that may be present on your policy. There is state by state variation in forms and different event classifications may require additional warranties and/or forms. Special Event Liability Coverage for Events without Athletic Participation Special Event Liability Coverage for
- [Is there a deductible?](https://cphins.com/ufaq/is-there-a-deductible/) - There is not a deductible for Event Liability (General Liability) Insurance coverage.
- [What types of events are covered?](https://cphins.com/ufaq/what-types-of-events-are-covered/) - Social Life Events Sports Events/Competitions Musical Events/Other Entertainment Trade Show/Business Events Educational Events Fairs & Festivals View the full list of events we can insure here: https://cphins.com/event-types/
- [How far in advance should I purchase my policy?](https://cphins.com/ufaq/how-far-in-advance-should-i-purchase-my-policy/) - Our quotation is good for 30 days however a Special Event Liability Event Policy must be purchased at least 24 hours before your event. As soon as you’ve selected a date and started putting down deposits, you can apply for an event policy. With our easy online application you’ll have your proof of coverage in minutes so you
- [How do I purchase a Special Event Liability Insurance Policy?](https://cphins.com/ufaq/how-do-i-purchase-a-special-event-liability-insurance-policy/) - Applying for coverage is easy with CPH! You can submit your application online within minutes. Our online application allows you to purchase coverage using a VISA, MasterCard, and Discover (if approved). Your coverage documents will be presented immediately for download as soon as the purchase is complete, and we’ll email you a copy as well.
- [I am already insured with CPH Insurance. How do I renew my policy?](https://cphins.com/ufaq/i-am-already-insured-with-cph-and-associates-how-do-i-renew-my-policy/) - Save time -- renew online! Individuals may renew online up to 120 days prior to your policy expiration date. Printed renewal notices are automatically mailed out to all customers at least 60 days prior to the date your policy expires. These notices are mailed to the address on file. If your mailing address changes, it
- [What are my coverage options?](https://cphins.com/ufaq/what-are-my-coverage-options/) - For Special Event Liability Insurance, we offer Limits of Liability of $1,000,000 each occurrence / $3,000,000 aggregate OR $2,000,000 each occurrence / $4,000,000 aggregate. This allows you to customize your coverage limits to fit your exact needs.
- [Do I need to send money?](https://cphins.com/ufaq/do-i-need-to-send-money/) - Yes, applications are considered incomplete without payments in full. Payment is made at one time each year, in the form of one single payment. Payment may be made by check, money order or credit card (Visa, MasterCard, or Discover). Policy documents will be issued once payment is made.
- [What if I am incorporated and the only employee of my corporation. Can I cover both under one policy?](https://cphins.com/ufaq/what-if-i-am-incorporated-and-the-only-employee-of-my-corporation-can-i-cover-both-under-one-policy/) - If your professional practice is incorporated, you can take out a corporate policy even if you are the only employee. You would still use the Group Entity application, but you would list yourself as the sole Owner/Partner/Principal. If you do additional practice outside the umbrella of your corporation, you may elect to add a “Work
- [How do I take out a group policy?](https://cphins.com/ufaq/how-do-i-take-out-a-group-policy/) - While all Business Entities may apply online, only single person entities may actually purchase online. Any Business Entity employing more than just an owner can submit their application online and will receive an invoice within 2 business days. Group policies cover the named corporation and any individuals included on the policy for practice under the umbrella of the corporation. At
- [I am supervising interns. Can I cover interns under my policy? Are my supervision services covered by the policy?](https://cphins.com/ufaq/i-am-supervising-interns-can-i-cover-them-under-my-policy/) - Customers with Individual policies cannot add employees or interns to their policies. The employees or interns must take out their own policies. Your policy automatically covers you for supervising interns as long as such practice falls under the scope of your licensure. If you are a customer with group/corporate coverage, you may request to add
- [What is the difference between the "Individual Student" and "Student Blanket" applications?](https://cphins.com/ufaq/what-is-the-difference-between-the-individual-student-and-student-blanket-applications/) - "Individual Student" applications are for ONE student to take out their own individual policy. "Student Blanket" applications are for universities taking out coverage for multiple students. Currently, Student Blanket group policies cannot be purchased online. To request a Student Blanket application, please email our office at groupapps@cphins.com.
- [Do you need the address of each place where I am practicing?](https://cphins.com/ufaq/do-you-need-the-address-of-each-place-where-i-am-practicing/) - For Professional Liability coverage, we only keep one address for you on file, and this is your mailing address. Your Professional Liability coverage is portable, meaning that you are covered for practice no matter what physical address you are using for counseling, provided that you are practicing under the scope of your licensure and within
- [What happens once I have submitted a request to make a change?](https://cphins.com/ufaq/what-happens-once-i-have-submitted-a-request-to-make-a-change/) - Any premium adjustments will be pro-rated and the customer will either be refunded the leftover premium or billed for additional premium owed. If payment is due, payment must be received first before any endorsements will be issued. All required information and payment must be received in our office within 30 days from the date of
- [If I hold multiple certifications, do I need separate policies for each certification?](https://cphins.com/ufaq/if-i-hold-multiple-certifications-do-i-need-separate-policies-for-each-certification/) - If you hold multiple fitness certifications, you can request to add the additional occupations to your policy and do not need to maintain a separate policy for each certification. To add an additional occupation, please email info@wellfitins.com, after you have applied for your policy. However, if you hold an additional certification or licensure that falls
- [How do I pay for coverage?](https://cphins.com/ufaq/how-do-i-pay-for-coverage/) - You will be asked to pay upon completing your application. We accept VISA, MasterCard, and Discover.
- [How do I access my proof of coverage?](https://cphins.com/ufaq/how-do-i-access-my-proof-of-coverage/) - You will automatically be emailed your proof of coverage immediately upon purchase of your policy.
- [Is the website secure?](https://cphins.com/ufaq/is-the-website-secure/) - Yes. Our online web system uses “SSL,” a security system that uses a bit of code on your web server that provides security for online communications. When a web browser contacts your secured web site, the SSL certificate enables an encrypted connection universally used by all secure websites. The system also does not keep credit
- [Common Policy Exclusions](https://cphins.com/ufaq/common-policy-exclusions/) - Abuse or Molestation Medical Payments Fungi or Bacteria Lead Asbestos Terrorism Involving Nuclear, Biological, or Chemical Terrorism Pyrotechnicians/Fireworks Miscellaneous Activities and Devices (including but not limited to: amusement devices, bungees, trampoline, animals, performers, rodeo) Employment-Related Practices
- [Who is covered under my policy?](https://cphins.com/ufaq/who-is-covered-under-my-policy/) - The named insured as well as any named honorees on the policy. You also have the option to add an additional insured if this is required by the venue. The policy protects the person or organization under whose name it was purchased (the “Named Insured”). Your event venue(s) can also be added as Additional Insured.
- [What do I do if I have a claim?](https://cphins.com/ufaq/what-do-i-do-if-i-have-a-claim/) - You should file a claim with Philadelphia Insurance Companies as soon as you are aware of an incident. Our online Report A Claim Form allows you to file your claim in just minutes and is available 24/7 on our website www.phly.com. Our Claims Customer Service number is 800.765.9749 and is available Monday-Friday 8:30 a.m. to
- [How do I make changes to my policy?](https://cphins.com/ufaq/how-do-i-make-changes-to-my-policy/) - Please contact us at events@cphins.com if you need to make a change to your policy.
- [Who is the carrier?](https://cphins.com/ufaq/who-is-the-carrier/) - Philadelphia Indemnity Insurance Company. Rated “A++” (Superior) by the A.M. Best Company for financial stability. PHLY has received several business honors that highlight their financial strength, customer service, and positive work environment.
- [My venue is requiring that I add them to my policy. Am I able to do this?](https://cphins.com/ufaq/my-venue-is-requiring-that-i-add-them-to-my-policy-am-i-able-to-do-this/) - Yes, a Special Event Liability Policy allows you to name your event venue as additional insured.
- [What is Host Liquor Liability Insurance?](https://cphins.com/ufaq/what-is-host-liquor-liability-insurance/) - Liability for bodily injury (BI) or property damage (PD) arising out of the serving or distribution of alcoholic beverages by a party not engaged in this activity as a business enterprise. Host liquor liability exposures are insurable under standard general liability policies. Our liability policy only excludes liquor liability coverage if the named insured on
- [What does event liability insurance cover?](https://cphins.com/ufaq/what-does-event-liability-insurance-cover/) - Special Event Liability Insurance is an insurance policy designed to provide broad protection for situations in which an event holder or concessionaire must defend itself against lawsuits or pay damages for bodily injury or property damage to third parties. Host liquor liability is included if there is no transfer of money for alcohol. This policy
- [I filled out the online application and clicked "Purchase," but nothing happened. What is wrong?](https://cphins.com/ufaq/i-filled-out-the-online-application-and-clicked-purchase-but-nothing-happened-what-is-wrong/) - Normally, the website demonstrates that it is processing your application by showing a scrolling message that says “Processing, please wait.” If you didn’t see this message, your internet browser may have timed out. Sometimes browsers (such as Internet Explorer) timeout after a page has been open for a certain length of time. When you successfully
- [I received an email from you, but the attachment appears to be an advertisement for another business. Did you send this to me?](https://cphins.com/ufaq/i-received-an-email-from-you-but-the-attachment-appears-to-be-an-advertisement-for-another-business-did-you-send-this-to-me/) - CPH Insurance does not send advertisements or share our customer information with third parties. If you have Adware or Spyware (or a virus) on your computer, it can cause any attachments that you open to point to a different file. Try pulling up your documents directly from our customer portal. Otherwise,contact us for a mailed
- [The page does not appear to display correctly (fields seem to be missing or are out of place, or I can't seem to scroll over to view the whole page). What can I do?](https://cphins.com/ufaq/the-page-does-not-appear-to-display-correctly-fields-seem-to-be-missing-or-are-out-of-place-or-i-cant-seem-to-scroll-over-to-view-the-whole-page-what-can-i-do/) - Your internet browser may be the culprit--you may want to try viewing the site using a different browser. Normally, we recommend using Chrome, Safari, Firefox, and Internet Explorer (version 10.0 or newer). If you do not have a different browser installed on your computer, please consider using a different computer, or apply by mail or
- [Is your website safe for my credit card information?](https://cphins.com/ufaq/is-your-website-safe-for-my-credit-card-information/) - Our website has been issued a QuickSSL certificate to enable server security. This security certificate is verified by GeoTrust. "Sites secured by QuickSSL are utilizing 256-bit SSL certificates thereby offering the highest level of encryption or security possible. This means you can rest assured that communications between your browser and this site's web servers are
- [What does it mean if I have a "gap in coverage?" Are there any disadvantages to having a gap?](https://cphins.com/ufaq/what-does-it-mean-if-i-have-a-gap-in-coverage-are-there-any-disadvantages-to-having-a-gap/) - If you have canceled or allowed a policy to lapse and did not secure another policy to begin effective the date your previous policy lapsed or was canceled, there is a "gap" or period of time between the prior and subsequent policies where you are uninsured. This means, if a claim arises out of a
- [I want to make a change to my policy, (upgrade limits/hours, change licensure status, correct spelling, change my mailing address, cancel my policy, etc.) How do I start the process?](https://cphins.com/ufaq/i-want-to-make-a-change-to-my-policy-upgrade-limits-hours-change-licensure-status-correct-spelling-change-my-mailing-address-cancel-my-policy-etc-how-do-i-start-the-process/) - Log into your customer portal account to make changes, additions, and upgrades to your policy: Click the My Account button above to log into your CPH customer portal account Once in the portal, go to Make Changes to update your contact information and make changes (or additions) to your existing policy *Please note is it
- [I just want to change my mailing address, phone number, or email address. Can I do this online instead of submitting a written request?](https://cphins.com/ufaq/i-just-want-to-change-my-mailing-address-phone-number-or-email-address-can-i-do-this-online-instead-of-submitting-a-written-request/) - Yes, you can change your address online by logging into your account in the customer portal. Log into your customer portal account to make changes, additions, and upgrades to your policy: Click the My Account button above to log into your CPH customer portal account Once in the portal, go to Make Changes to update your contact information and
- [I am a new professional who recently became licensed/certified for the first time, and I am upgrading my employment category to reflect this change. When do I receive the 50% newly-licensed discount?](https://cphins.com/ufaq/i-am-a-new-professional-who-recently-became-licensed-certified-for-the-first-time-and-i-am-upgrading-my-employment-category-to-reflect-this-change-when-do-i-receive-the-50-newly-licensed-discount/) - If you have become licensed during the current policy year and are upgrading your coverage, you will not receive the newly-licensed discount at the time of the upgrade. You will be able to take the 50% discount off of the full premium (as opposed to a discount off of the lower, pro-rated premium) when you
- [I am a student. Who can I add as an Additional Insured?](https://cphins.com/ufaq/i-am-a-student-who-can-i-add-as-an-additional-insured/) - Generally speaking, students can add supervisors or agencies where they are doing practicum. Students may not add landlords as Additional Insureds. All other cases are subject to review.
- [Can faculty members be covered on Student Blanket Policies? Is there an additional cost?](https://cphins.com/ufaq/can-faculty-members-be-covered-on-student-blanket-policies-is-there-an-additional-cost/) - Faculty members are automatically covered for claims arising out of incidents while supervising and instructing students insured under the provisions and within the limits of the student blanket policy and there is no additional premium charge for this coverage.
- [What kind of courses are acceptable to take the risk management discount?](https://cphins.com/ufaq/what-kind-of-courses-are-acceptable-to-take-the-risk-management-discount/) - Law and ethics, HIPAA. A minimum of 4 CEU's completed within 24 months prior to your policy effective date is required unless you can demonstrate that your state requires a lesser number of CEU's to fulfill re-licensing requirements for either Law, Ethics, or HIPAA. If you are not sure if the course you have taken
- [What is the Allied Health Risk Purchasing Group Fee?](https://cphins.com/ufaq/what-is-the-allied-health-risk-purchasing-group-fee/) - This administration fee is implemented to ease the rising expenses of administration services and technology improvements. This fee enables us to continue to offer our insureds the superior services our customers have come to expect from CPH Insurance.
- [What is an Additional Insured?](https://cphins.com/ufaq/what-is-an-additional-insured/) - An Additional Insured is usually your landlord (someone you hold a lease with), an employer, board members, or an agency you contract with. Adding them to your policy gives that entity protection (an identical set of limits of liability) under your policy. These limits will be used in the event that they are sued for
- [When can my coverage become effective?](https://cphins.com/ufaq/when-can-my-coverage-become-effective/) - New applicants may request an effective date as soon as the date the application is received in our office and up to 75 days into the future. Effective dates cannot be backdated. If you do not select a "desired effective date," we will default to the date the application was received. Renewals become effective the
- [Does CPH Insurance offer tail coverage?](https://cphins.com/ufaq/does-cph-and-associates-offer-tail-coverage/) - We offer Prior Acts Coverage going back to your expiring claims made policy's retroactive date. Contact our office for more information.
- [Does this policy cover online therapy (also called e-therapy or Internet therapy)?](https://cphins.com/ufaq/does-this-policy-cover-online-therapy-also-called-e-therapy-or-internet-therapy/) - Yes - provided such practice is authorized or allowable under the scope of your license in the state where you practice, you are performing such services lawfully and the online platform you're utilizing is HIPAA compliant. Contact your state licensing board if you are unsure.
- [What is a retroactive date? Does my policy have one?](https://cphins.com/ufaq/what-is-a-retroactive-date-does-my-policy-have-one/) - Policies written on a Claims-Made basis contain a specific date on which coverage begins (commonly known as the "retroactive date") and provides no coverage for claims arising out of occurrences that take place prior to this date. Your policy with CPH Insurance is written on an occurrence basis, and there is no "retroactive date" named
- [Can I cover my administrative staff?](https://cphins.com/ufaq/can-i-cover-my-administrative-staff/) - If you have a group/corporate policy, administrative staff are covered automatically and do not need to be listed on the policy. If you have an individual policy, you cannot cover your administrative staff. NOTE: Patient intake personnel are not considered to be "administrative staff." To cover them under a group policy, they must be named
- [What does "separate limits" mean on the Group Entity application?](https://cphins.com/ufaq/what-does-separate-limits-mean-on-the-group-entity-application/) - If you have a corporation providing mental health services, it can be sued separately as its own entity in addition to any suits against individual counselors that may be working for the corporation. Paying an extra 10% of the premium for “Separate Limits” gives the corporation name itself its own limits of liability (for example
- [What is Supplemental Liability?](https://cphins.com/ufaq/what-is-supplemental-liability/) - Supplemental liability is coverage that pays for legal liability for bodily injury, property damage and personal injury liability claims that occur while you are rendering your professional services. Limits of $1,000,000 per occurrence/$3,000,000 aggregate or $1,000,000 per occurrence/$5,000,000 aggregate are available.
- [What do the "Limits of Liability" mean?](https://cphins.com/ufaq/what-do-the-limits-of-liability-mean/) - The first number (“Per Incident” or “Per Occurrence”) refers to the maximum amount that can be paid as "damages" for any single claim. The second number (“Aggregate”) refers to the total amount that can be paid for all claims during the policy period (in our case, the "policy period" = 1 year). Defense costs are
- [What is the differences between Occurrence-based and Claims Made policies?](https://cphins.com/ufaq/what-is-the-differences-between-occurrence-based-and-claims-made-policies/) - Occurrence coverage is lifetime coverage for the policy period. This means that if there is a claim or suit against you, as long as you were insured at the time of the incident or treatment that resulted in the claim or suit, this policy will still apply. The premium will also remain the same every
- [What is the policy term / length of the policy?](https://cphins.com/ufaq/what-is-the-policy-term-length-of-the-policy/) - The policy term is one year with a one-time payment upon application. We do not offer month-to-month policy coverage OR payments. Please note that our policies DO NOT auto-renew and we require you to re-apply every year.

## SEO Occupation Templates

- [Certified Personal Trainer: W.I.T.S.](https://cphins.com/wits-insurance/) - You're great at helping others.Don't forget to help yourself. Malpractice Insurance for Personal Trainers. Proud Partners Get a Quote & Apply CPH Insurance is proud to partner with W.I.T.S. W.I.T.S. Certified Personal Trainers across the country trust CPH Insurance for their professional liability insurance. A policy with CPH provides peace of mind, so you can focus on
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- [Certified Fitness Professional: AAAI/ISMA](https://cphins.com/aaai-isma-certified-fitness-professional/) - Receive an instant quote online for A++ Professional Liability Insurance coverage. Rates start at $82 per year, and proof of insurance is issued immediately.
- [Certified Personal Trainer / Group Fitness Instructor: MINDBODY](https://cphins.com/mindbody/) - Receive an instant quote & apply online for A++ Personal Trainer Insurance. Rates start at less than $100/year, and proof of insurance is issued immediately.
- [Certified Personal Trainer: Joe Cannon](https://cphins.com/certified-personal-trainer-joe-cannon/) - Certified fitness professionals & trainers nationwide trust CPH as their Professional Liability Insurance provider. Coverage for as low as $82 per year.
- [Certified Personal Trainer: NFPT](https://cphins.com/nfpt/) - You're great at helping others.Don't forget to help yourself. Malpractice Insurance for Personal Trainers. Proud Partners Get a Quote & Apply CPH Insurance is proud to partner with NFPT. NFPT Certified Personal Trainers across the country trust CPH Insurance for their professional liability insurance. A policy with CPH provides peace of mind, so you can focus
- [Certified Personal Trainer: Perform Better](https://cphins.com/certified-personal-trainer-perform-better/) - You're great at helping others.Don't forget to help yourself. Malpractice Insurance for Personal Trainers. Proud Partners Perform Better Get a Quote & Apply CPH Insurance is proud to partner with Perform Better. Certified Personal Trainers across the country trust CPH Insurance for their professional liability insurance. A policy with CPH provides peace of mind, so you
- [Fitness Studio/Gym: Bodies®](https://cphins.com/fitness-studiogym-bodies/) - You're great at helping others.Don't forget to help yourself. Malpractice Insurance for Personal Trainers. Proud Partners Get a Quote & Apply If you own a business entity, corporation, or group practice click here to apply for the appropriate coverage. Certified Personal Trainers across the country trust CPH Insurance for their professional liability insurance. A policy with
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- [IIN Webinar](https://cphins.com/iinweb/) - MALPRACTICE INSURANCE FOR LIFE & HEALTH COACHESIIN Webinar Get a Quote & Apply CPH Insurance is proud to partner with the Institute for Integrative Nutrition in support of professional growth and practice development for life and health coaches. As a life and health coach, you’ve dedicated your career to helping others, and you should be
- [Therapy Partner](https://cphins.com/therapypartner/) - Protect your career with Professional Liability Insurance from CPH Insurance. Get an instant quote online & save 5% by applying online. Coverage rated A++.
- [Google Ad: Special Event](https://cphins.com/google-events/) - LIABILITY INSURANCE FORSpecial Events Get a Quote & Apply Special Event Insurance: You’ve picked the location, set the date, sold booths to vendors and booked the main act. Now it’s time to execute a flawless event. Events are fun, fast-paced, and beneficial for all who attend. It can be a little nerve racking at times,
- [Google Ad: Social Work](https://cphins.com/social-work-google-48/) - Malpractice Insurance ForSocial Worker (BSW, LCSW, LSW, MSW) Get a Quote & Apply As a Social Worker, you’ve dedicated your career to helping others, and you should be free to focus on clinical care without worrying about a threat to your livelihood. With Liability Insurance for Social Workers, you can have peace of mind knowing you’re protected
- [Google Ad: Mental/Allied Health - Counselor](https://cphins.com/googlecounselors/) - Malpractice Insurance ForCounselors Get a Quote & Apply Types of Counselors CPH Can Insure: Certified Alcohol & Drug Counselor (CADC) Licensed Clinical Professional Counselor (LCPC) Licensed Mental Health Counselor (LMHC) Licensed Professional Clinical Counselor (LPCC) Licensed Professional Counselor (LPC) Licensed / Certified School Counselor Nationally Certified Counselor (NCC) Provisional Licensed Professional Counselor We also offer
- [Swim Instructor](https://cphins.com/swim-instructor/) - MALPRACTICE INSURANCE FOR HEALTH & WELLNESS PROFESSIONALSSwim Instructor Get a Quote & Apply As a Swim Instructor in the health and wellness industry, everyday people rely on your expertise in order to improve the quality of their own lives. But unfortunately, while working as a Swim Instructor may be beneficial to most people, many times unexpected
- [Academic Camp](https://cphins.com/academic-camp-google/) - Click here to learn more about General Liability coverage for an academic camp you're hosting!
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- [Lectures](https://cphins.com/lectures/) - MALPRACTICE INSURANCE FOR HEALTH & WELLNESS PROFESSIONALSLectures Get a Quote & Apply Lectures Liability Insurance Protect yourself from liability arising from your lecture with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes.
- [Reunions](https://cphins.com/reunions/) - SPECIAL EVENT LIABILITY INSURNACEReunions Get a Quote & Apply Reunions Liability Insurance Protect yourself from liability arising from your reunion with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include bodily injury/property damage liability,
- [Soccer Exhibitions / Tournaments](https://cphins.com/soccer-exhibitions-tournaments/) - SPECIAL EVENT LIABILITYSoccer Exhibitions / Tournaments Get a Quote & Apply Soccer Exhibitions Liability Insurance Protect yourself from liability arising from your soccer exhibition with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include bodily injury/property
- [Antique Show](https://cphins.com/antique-show/) - SPECIAL EVENT LIABILITY INSURANCEAntique Show Get a Quote & Apply Antique Show Liability Insurance Protect yourself from liability arising from your antique show with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes.
- [Archery](https://cphins.com/archery/) - SPECIAL EVENT LIABILITY INSURANCEArchery Get a Quote & Apply Archery Liability Insurance Protect yourself from liability arising from archery with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include bodily injury/property damage
- [Art Festivals / Show](https://cphins.com/art-festivals-show/) - SPECIAL EVENT LIABILITY INSURANCEArt Festivals / Show Get a Quote & Apply Art Festivals / Show Liability Insurance Protect yourself from liability arising from your art festival / show with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof
- [Auctions](https://cphins.com/auctions/) - SPECIAL EVENT LIABILITY INSURANCEAuctions Get a Quote & Apply Auction Liability Insurance Protect yourself from liability arising from your auction with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include bodily injury/property damage
- [Automobile and Motorcycle Shows](https://cphins.com/automobile-and-motorcycle-shows/) - SPECIAL EVENT LIABILITY INSURANCEAutomobile and Motorcycle Shows Get a Quote & Apply Automobile and Motorcycle Shows Liability Insurance Protect yourself from liability arising from your automobile and motorcycle show with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof
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- [Baby Showers](https://cphins.com/baby-showers/) - SPECIAL EVENT LIABILITY INSURANCEBaby Showers Get a Quote & Apply Baby Showers Liability Insurance Protect yourself from liability arising from your baby shower with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include
- [Badminton](https://cphins.com/badminton/) - SPECIAL EVENT LIABILITY INSURANCEBadminton Get a Quote & Apply Badminton Liability Insurance Protect yourself from liability arising from badminton with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include bodily injury/property damage liability,
- [Ballets or Other Classical Dance Shows](https://cphins.com/ballets-or-other-classical-dance-shows/) - SPECIAL EVENT LIABILITY INSURANCEBallets or Other Classical Dance Shows Get a Quote & Apply Ballets or Other Classical Dance Shows Liability Insurance Protect yourself from liability arising from your ballet or other classical dance show with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured.
- [Banquets](https://cphins.com/banquets/) - SPECIAL EVENT LIABILITY INSURANCEBanquets Get a Quote & Apply Banquet Liability Insurance Protect yourself from liability arising from your banquet with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include bodily injury/property damage
- [Baptisms](https://cphins.com/baptisms/) - SPECIAL EVENT LIABILITY INSURANCEBaptisms Get a Quote & Apply Baptism Liability Insurance Protect yourself from liability arising from your baptism with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include bodily injury/property damage
- [Bar Mitzvahs/Bat Mitzvahs](https://cphins.com/bar-mitzvahsbat-mitzvahs/) - SPECIAL EVENT LIABILITY INSURANCEBar Mitzvahs/Bat Mitzvahs Get a Quote & Apply Bar Mitzvahs/Bat Mitzvahs Liability Insurance Protect yourself from liability arising from your Bar Mitzvah/Bat Mitzvah with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of
- [Bake Sales](https://cphins.com/bake-sales/) - SPECIAL EVENT LIABILITY INSURANCEBake Sales Get a Quote & Apply Protect yourself from liability arising from your bake sale with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include bodily injury/property damage
- [Barbecue / Cooking Contest](https://cphins.com/barbecue-cooking-contest/) - SPECIAL EVENT LIABILITY INSURANCEBarbecue / Cooking Contest Get a Quote & Apply Barbecue / Cooking Contest Liability Insurance Protect yourself from liability arising from your Barbecue / Cooking Contest with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof
- [Baton Twirling](https://cphins.com/baton-twirling/) - SPECIAL EVENT LIABILITY INSURANCEBaton Twirling Get a Quote & Apply Baton Twirling Liability Insurance Protect yourself from liability arising from Baton Twirling with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include bodily
- [Bazaars](https://cphins.com/bazaars/) - SPECIAL EVENT LIABILITY INSURANCEBazaars Get a Quote & Apply Bazaar Liability Insurance Protect yourself from liability arising from your bazaar with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include bodily injury/property damage
- [Bicycle Races or Rides (on paved roads only)](https://cphins.com/bicycle-races-or-rides-on-paved-roads-only/) - SPECIAL EVENT LIABILITY INSURANCEBicycle Races or Rides (on paved roads only) Get a Quote & Apply Bicycle Races or Rides Liability Insurance Protect yourself from liability arising from your bicycle race or ride with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy
- [Billiard or Pool Exhibitions / Tournaments](https://cphins.com/billiard-or-pool-exhibitions-tournaments/) - SPECIAL EVENT LIABILITY INSURANCEBilliard or Pool Exhibitions / Tournaments Get a Quote & Apply Billiard or Pool Exhibitions / Tournaments Liability Insurance Protect yourself from liability arising from your billiard or pool exhibition / tournament with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured.
- [Bingo Games](https://cphins.com/bingo-games/) - SPECIAL EVENT LIABILITY INSURANCEBingo Games Get a Quote & Apply Bingo Games Liability Insurance Protect yourself from liability arising from your bingo game with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include
- [Birthday Party](https://cphins.com/birthday-party/) - SPECIAL EVENT LIABILITY INSURANCEBirthday Party Get a Quote & Apply Birthday Party Liability Insurance Protect yourself from liability arising from your birthday party with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages
- [Boat Shows - Dry Dock / No In-Water Exposure](https://cphins.com/boat-shows-dry-dock-no-in-water-exposure/) - SPECIAL EVENT LIABILITY INSURANCEBoat Shows - Dry Dock / No In-Water Exposure Get a Quote & Apply Boat Shows Liability Insurance Protect yourself from liability arising from your boat show with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application
- [Book Signings](https://cphins.com/book-signings/) - SPECIAL EVENT LIABILITY INSURANCEBook Signings Get a Quote & Apply Book Signings Liability Insurance Protect yourself from liability arising from your book signing with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include
- [Bowling Exhibitions / Tournaments - Amateur](https://cphins.com/bowling-exhibitions-tournaments-amateur/) - SPECIAL EVENT LIABILITY INSURANCEBowling Exhibitions / Tournaments - Amateur Get a Quote & Apply Bowling Exhibitions / Tournaments Liability Insurance Protect yourself from liability arising from your amateur bowling exhibition / tournament with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy
- [Bowling Exhibitions / Tournaments](https://cphins.com/bowling-exhibitions-tournaments/) - SPECIAL EVENT LIABILITY INSURANCEBowling Exhibitions / Tournaments Get a Quote & Apply Bowling Exhibitions / Tournaments Liability Insurance Protect yourself from liability arising from your bowling exhibition / tournament with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof
- [Breakfasts](https://cphins.com/breakfasts/) - SPECIAL EVENT LIABILITY INSURANCEBreakfasts Get a Quote & Apply Breakfasts Liability Insurance Protect yourself from liability arising from your breakfast with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include bodily injury/property damage
- [Bridal Showers](https://cphins.com/bridal-showers/) - SPECIAL EVENT LIABILITY INSURANCEBridal Showers Get a Quote & Apply Bridal Showers Liability Insurance Protect yourself from liability arising from your bridal shower with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include
- [Canoeing](https://cphins.com/canoeing/) - SPECIAL EVENT LIABILITY INSURANCECanoeing Get a Quote & Apply Canoeing Liability Insurance Protect yourself from liability arising from canoeing with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include bodily injury/property damage liability,
- [Carnivals](https://cphins.com/carnivals/) - SPECIAL EVENT LIABILITY INSURANCECarnivals Get a Quote & Apply Carnival Liability Insurance Protect yourself from liability arising from your carnival with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include bodily injury/property damage
- [Zumba](https://cphins.com/zumba/) - Receive an instant quote to protect your Zumba Event. Rates start at $176, and policies include bodily injury/property damage liability & host liquor liability.
- [Yard / Rummage Sales](https://cphins.com/yard-rummage-sales/) - SPECIAL EVENT LIABILITY INSURANCEYard / Rummage Sales Get a Quote & Apply Yard / Rummage Sales Liability Insurance Protect yourself from liability arising from your yard / rummage sale with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application
- [Wrestling Exhibitions / Tournaments – Amateur](https://cphins.com/wrestling-exhibitions-tournaments-amateur/) - SPECIAL EVENT LIABILITY INSURANCEWrestling Exhibitions / Tournaments – Amateur Get a Quote & Apply Wrestling Exhibitions / Tournaments – Amateur Liability Insurance Protect yourself from liability arising from wrestling exhibitions with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof
- [Cheerleading](https://cphins.com/cheerleading/) - SPECIAL EVENT LIABILITY INSURANCECheerleading Get a Quote & Apply Cheerleading Liability Insurance Protect yourself from liability arising from cheerleading with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include bodily injury/property damage
- [Chess Games](https://cphins.com/chess-games/) - SPECIAL EVENT LIABILITY INSURANCEChess Games Get a Quote & Apply Chess Games Liability Insurance Protect yourself from liability arising from your chess game with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include
- [Wine Tasting](https://cphins.com/wine-tasting/) - SPECIAL EVENT LIABILITY INSURANCEWine Tasting Get a Quote & Apply Wine Tasting Liability Insurance Protect yourself from liability arising from wine tasting with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages
- [Choral Competitions](https://cphins.com/choral-competitions/) - SPECIAL EVENT LIABILITY INSURANCEChoral Competitions Get a Quote & Apply Choral Competitions Liability Insurance Protect yourself from liability arising from your choral competition with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include
- [Christmas Caroling](https://cphins.com/christmas-caroling/) - SPECIAL EVENT LIABILITY INSURANCEChristmas Caroling Get a Quote & Apply Christmas Caroling Liability Insurance Protect yourself from liability arising from Christmas caroling with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include
- [Weightlifting](https://cphins.com/weightlifting/) - SPECIAL EVENT LIABILITY INSURANCEWeightlifting Get a Quote & Apply Weightlifting Liability Insurance Protect yourself from liability arising from weightlifting with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include bodily injury/property
- [Weddings](https://cphins.com/weddings/) - SPECIAL EVENT LIABILITY INSURANCEWeddings Get a Quote & Apply Wedding Liability Insurance Protect yourself from liability arising from your wedding with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include bodily
- [Wedding Ceremonies / Receptions](https://cphins.com/wedding-ceremonies-receptions/) - SPECIAL EVENT LIABILITY INSURANCEWedding Ceremonies / Receptions Get a Quote & Apply Wedding Ceremonies / Receptions Liability Insurance Protect yourself from liability arising from your wedding ceremony / reception with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application
- [College Fairs](https://cphins.com/college-fairs/) - SPECIAL EVENT LIABILITY INSURANCECollege Fairs Get a Quote & Apply College Fairs Liability Insurance Protect yourself from liability arising from your college fair with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include
- [Comedy Shows](https://cphins.com/comedy-shows/) - SPECIAL EVENT LIABILITY INSURANCEComedy Shows Get a Quote & Apply Comedy Shows Liability Insurance Protect yourself from liability arising from your comedy show with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include
- [Concerts - Classical](https://cphins.com/concerts-classical/) - SPECIAL EVENT LIABILITY INSURANCEConcerts - Classical Get a Quote & Apply Concerts - Classical Liability Insurance Protect yourself from liability arising from your classical concert with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in
- [Walkathons](https://cphins.com/walkathons/) - SPECIAL EVENT LIABILITY INSURANCEWalkathons Get a Quote & Apply Walkathon Liability Insurance Protect yourself from liability arising from your walkathon with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include bodily injury/property damage liability,
- [Voter Registration](https://cphins.com/voter-registration/) - SPECIAL EVENT LIABILITY INSURANCEVoter Registration Get a Quote & Apply Voter Registration Liability Insurance Protect yourself from liability arising from voter registration with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include bodily injury/property
- [Volleyball Exhibitions / Tournaments](https://cphins.com/volleyball-exhibitions-tournaments/) - SPECIAL EVENT LIABILITY INSURANCEVolleyball Exhibitions / Tournaments Get a Quote & Apply Volleyball Exhibitions / Tournaments Liability Insurance Protect yourself from liability arising from your volleyball exhibition with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in
- [Ultimate Frisbee](https://cphins.com/ultimate-frisbee/) - SPECIAL EVENT LIABILITY INSURANCEUltimate Frisbee Get a Quote & Apply Ultimate Frisbee Liability Insurance Protect yourself from liability arising from ultimate frisbee with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages
- [Triathlons](https://cphins.com/triathlons/) - Triathlons Liability Insurance.Protect yourself from liability arising from your triathlon meet with Special Event Insurance.
- [Track & Field Meets](https://cphins.com/track-field-meets/) - Track & Field Meets Liability Insurance. Protect yourself from liability arising from your track & field meet with Special Event Insurance.
- [Toy Drives](https://cphins.com/toy-drives/) - Toy Drives Liability Insurance. Protect yourself from liability arising from your toy drive with Special Event Insurance.
- [Theatrical Stage Performances](https://cphins.com/theatrical-stage-performances/) - Theatrical Stage Performances Liability Insurance. Protect yourself from liability arising from your theatrical stage performance with Special Event Insurance.
- [Tennis Exhibitions / Tournaments](https://cphins.com/tennis-exhibitions-tournaments/) - Tennis Exhibitions / Tournaments Liability Insurance. Protect yourself from liability arising from your tennis exhibition with Special Event Insurance.
- [Talent Shows](https://cphins.com/talent-shows/) - Receive an instant quote to protect your Talent Show. Coverage includes bodily injury/property damage liability, host liquor liability, and rates start at $176.
- [Concerts - Jazz / Blues](https://cphins.com/concerts-jazz-blues/) - SPECIAL EVENT LIABILITY INSURANCEConcerts - Jazz / Blues Get a Quote & Apply Concerts - Jazz / Blues Liability Insurance Protect yourself from liability arising from your jazz / blues concert with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides
- [Concerts - Multiple Genres](https://cphins.com/concerts-multiple-genres/) - SPECIAL EVENT LIABILITY INSURANCEConcerts - Multiple Genres Get a Quote & Apply Concerts - Multiple Genres Liability Insurance Protect yourself from liability arising from your multiple genres concert with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage
- [Consumer Shows](https://cphins.com/consumer-shows/) - SPECIAL EVENT LIABILITY INSURANCEConsumer Shows Get a Quote & Apply Consumer Shows Liability Insurance Protect yourself from liability arising from your consumer show with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages
- [Consignment Sales](https://cphins.com/consignment-sales/) - SPECIAL EVENT LIABILITY INSURANCEConsignment Sales Get a Quote & Apply Consignment Sales Liability Insurance Protect yourself from liability arising from your consignment sale with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include
- [Conferences](https://cphins.com/conferences/) - SPECIAL EVENT LIABILITY INSURANCEConferences Get a Quote & Apply Conference Liability Insurance Protect yourself from liability arising from your conference with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include bodily injury/property damage
- [Concerts - World / Traditional](https://cphins.com/concerts-world-traditional/) - SPECIAL EVENT LIABILITY INSURANCEConcerts - World / Traditional Get a Quote & Apply Concerts - World / Traditional Liability Insurance Protect yourself from liability arising from your world / traditional concert with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides
- [Concerts - Rock](https://cphins.com/concerts-rock/) - SPECIAL EVENT LIABILITY INSURANCEConcerts - Rock Get a Quote & Apply Concerts - Rock Liability Insurance Protect yourself from liability arising from your rock concert with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes.
- [Concerts - Rhythm and Blues](https://cphins.com/concerts-rhythm-and-blues/) - SPECIAL EVENT LIABILITY INSURANCEConcerts - Rhythm and Blues Get a Quote & Apply Concerts - Rhythm and Blues Liability Insurance Protect yourself from liability arising from your rhythm and blues concert with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides
- [Concerts - Pop / Dance](https://cphins.com/concerts-pop-dance/) - SPECIAL EVENT LIABILITY INSURANCEConcerts - Pop / Dance Get a Quote & Apply Concerts - Pop / Dance Liability Insurance Protect yourself from liability arising from your pop / dance concert with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides
- [Concerts - Other Genre](https://cphins.com/concerts-other-genre/) - SPECIAL EVENT LIABILITY INSURANCEConcerts - Other Genre Get a Quote & Apply Concerts - Other Genre Liability Insurance Protect yourself from liability arising from your other genre concert with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of
- [Convention - Fraternal](https://cphins.com/convention-fraternal/) - SPECIAL EVENT LIABILITY INSURANCEConvention - Fraternal Get a Quote & Apply Convention - Fraternal Liability Insurance Protect yourself from liability arising from your fraternal convention with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes.
- [Convention - Professional](https://cphins.com/convention-professional/) - SPECIAL EVENT LIABILITY INSURANCEConvention - Professional Get a Quote & Apply Convention - Professional Liability Insurance Protect yourself from liability arising from your professional convention with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes.
- [Convention - Trade](https://cphins.com/convention-trade/) - SPECIAL EVENT LIABILITY INSURANCEConvention - Trade Get a Quote & Apply Convention - Trade Liability Insurance Protect yourself from liability arising from your trade convention with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages
- [Corporate Retreats](https://cphins.com/corporate-retreats/) - SPECIAL EVENT LIABILITY INSURANCECorporate Retreats Get a Quote & Apply Corporate Retreat Liability Insurance Protect yourself from liability arising from your corporate retreat with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include bodily
- [Craft Fairs / Shows](https://cphins.com/craft-fairs-shows/) - SPECIAL EVENT LIABILITY INSURANCECraft Fairs / Shows Get a Quote & Apply Craft Fairs / Shows Liability Insurance Protect yourself from liability arising from your craft fair / show with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof
- [Cricket](https://cphins.com/cricket/) - SPECIAL EVENT LIABILITY INSURANCECricket Get A Quote & Apply Cricket Liability Insurance Protect yourself from liability arising from cricket with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include bodily injury/property damage liability,
- [Dance Team](https://cphins.com/dance-team/) - SPECIAL EVENT LIABILITY INSURANCEDance Team Get a Quote & Apply Dance Team Liability Insurance Protect yourself from liability arising from your dance team with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include
- [Dances](https://cphins.com/dances/) - SPECIAL EVENT LIABILITY INSURANCEDances Get a Quote & Apply Dances Liability Insurance Protect yourself from liability arising from your dances with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include bodily injury/property damage
- [Debutante Balls](https://cphins.com/debutante-balls/) - SPECIAL EVENT LIABILITY INSURANCEDebutante Balls Get a Quote & Apply Debutante Balls Liability Insurance Protect yourself from liability arising from your debutante ball with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include
- [Dinners](https://cphins.com/dinners/) - SPECIAL EVENT LIABILITY INSURANCEDinners Get a Quote & Apply Dinners Liability Insurance Protect yourself from liability arising from your dinner with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include bodily injury/property damage
- [Diving](https://cphins.com/diving/) - SPECIAL EVENT LIABILITY INSURANCE Diving Get a Quote & Apply Diving Liability Insurance Protect yourself from liability arising from diving with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include bodily injury/property damage
- [Dodgeball Exhibitions / Tournaments](https://cphins.com/dodgeball-exhibitions-tournaments/) - SPECIAL EVENT LIABILITY INSURANCE Dodgeball Exhibitions / Tournaments Get a Quote & Apply Dodgeball Exhibitions / Tournaments Liability Insurance Protect yourself from liability arising from your dodgeball exhibition / tournament with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides
- [Dog / Cat Shows](https://cphins.com/dog-cat-shows/) - SPECIAL EVENT LIABILITY INSURANCEDog / Cat Shows Get a Quote & Apply Dog / Cat Shows Liability Insurance Protect yourself from liability arising from your dog / cat show with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof
- [Dog Walks](https://cphins.com/dog-walks/) - SPECIAL EVENT LIABILITY INSURANCEDog Walks Get a Quote & Apply Dog Walks Liability Insurance Protect yourself from liability arising from your dog walk with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include
- [Drill Team](https://cphins.com/drill-team/) - SPECIAL EVENT LIABILITY INSURANCEDrill Team Get a Quote & Apply Drill Team Liability Insurance Protect yourself from liability arising from your drill team with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include
- [Easter Egg Hunt](https://cphins.com/easter-egg-hunt/) - SPECIAL EVENT LIABILITY INSURANCEEaster Egg Hunt Get a Quote & Apply Easter Egg Hunt Liability Insurance Protect yourself from liability arising from your Easter egg hunt with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in
- [Educational Seminars](https://cphins.com/educational-seminars/) - SPECIAL EVENT LIABILITY INSURANCEEducational Seminars Get a Quote & Apply Educational Seminars Liability Insurance Protect yourself from liability arising from your educational seminar with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include
- [Exhibitor / Vendor Booth](https://cphins.com/cff/) - Receive an instant quote to protect your Corporate Event that includes bodily injury/property damage liability, and host liquor liability. Rates start at $176.
- [Fairs](https://cphins.com/fairs/) - SPECIAL EVENT LIABILITY INSURANCEFairs Get a Quote & Apply Fairs Liability Insurance Protect yourself from liability arising from your fair with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include bodily injury/property damage
- [Farmers Market - One-time](https://cphins.com/farmers-market-one-time/) - SPECIAL EVENT LIABILITY INSURANCEFarmers Market - One-time Get a Quote & Apply Farmers Market Liability Insurance Protect yourself from liability arising from your one-time farmers market with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in
- [Fashion Shows](https://cphins.com/fashion-shows/) - SPECIAL EVENT LIABILITY INSURANCEFashion Shows Get a Quote & Apply Fashion Shows Liability Insurance Protect yourself from liability arising from your fashion show with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include
- [Fencing](https://cphins.com/fencing/) - SPECIAL EVENT LIABILITY INSURANCEFencing Get a Quote & Apply Fencing Liability Insurance Protect yourself from liability arising from fencing with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include bodily injury/property damage liability,
- [Field Trips](https://cphins.com/field-trips/) - SPECIAL EVENT LIABILITY INSURANCEField Trips Get a Quote & Apply Field Trips Liability Insurance Protect yourself from liability arising from your field trip with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include
- [Film Showings](https://cphins.com/film-showings/) - SPECIAL EVENT LIABILITY INSURANCEFilm Showings Get a Quote & Apply Film Showings Liability Insurance Protect yourself from liability arising from your film showing with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include
- [Firework Shows](https://cphins.com/firework-shows/) - SPECIAL EVENT LIABILITY INSURANCEFirework Shows Get a Quote & Apply Firework Shows Liability Insurance Protect yourself from liability arising from your firework show with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include
- [Fishing Exhibitions / Tournaments](https://cphins.com/fishing-exhibitions-tournaments/) - SPECIAL EVENT LIABILITY INSURANCEFishing Exhibitions / Tournaments Get a Quote & Apply Fishing Exhibitions / Tournaments Liability Insurance Protect yourself from liability arising from your fishing exhibition / tournament with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof
- [Flower Shows](https://cphins.com/flower-shows/) - SPECIAL EVENT LIABILITY INSURANCEFlower Shows Get a Quote & Apply Flower Shows Liability Insurance Protect yourself from liability arising from your flower show with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include
- [Galas](https://cphins.com/galas/) - SPECIAL EVENT LIABILITY INSURANCEGalas Get a Quote & Apply Galas Liability Insurance Protect yourself from liability arising from your Gala with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include bodily injury/property damage
- [Garden Shows](https://cphins.com/garden-shows/) - SPECIAL EVENT LIABILITY INSURANCEGarden Shows Get a Quote & Apply Garden Shows Liability Insurance Protect yourself from liability arising from your garden show with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include
- [Golf Exhibitions / Tournaments](https://cphins.com/golf-exhibitions-tournaments/) - SPECIAL EVENT LIABILITY INSURANCEGolf Exhibitions / Tournaments Get a Quote & Apply Golf Exhibitions / Tournaments Liability Insurance Protect yourself from liability arising from your gold exhibition / tournament with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof
- [Graduation Ceremonies](https://cphins.com/graduation-ceremonies/) - SPECIAL EVENT LIABILITY INSURANCEGraduation Ceremonies Get a Quote & Apply Graduation Ceremonies Liability Insurance Protect yourself from liability arising from your graduation ceremony with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include
- [Graduation Parties (No Overnight Exposure)](https://cphins.com/graduation-parties-no-overnight-exposure/) - SPECIAL EVENT LIABILITY INSURANCEGraduation Parties (No Overnight Exposure) Get a Quote & Apply Graduation Parties Liability Insurance Protect yourself from liability arising from your graduation party with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in
- [Handball](https://cphins.com/handball/) - SPECIAL EVENT LIABILITY INSURANCEHandball Get a Quote & Apply Handball Liability Insurance Protect yourself from liability arising from handball with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include bodily injury/property damage liability,
- [Hay Rides - Tractor-Driven](https://cphins.com/hay-rides-tractor-driven/) - SPECIAL EVENT LIABILITY INSURANCEHay Rides - Tractor-Driven Get a Quote & Apply Hay Rides Liability Insurance Protect yourself from liability arising from your hay ride with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes.
- [Hiking](https://cphins.com/hiking/) - SPECIAL EVENT LIABILITY INSURANCEHiking Get a Quote & Apply Hiking Liability Insurance Protect yourself from liability arising from your hike with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include bodily injury/property damage
- [Hockey - Field - Exhibitions / Tournaments](https://cphins.com/hockey-field-exhibitions-tournaments/) - SPECIAL EVENT LIABILITY INSURANCEHockey - Field - Exhibitions / Tournaments Get a Quote & Apply Hockey - Field - Exhibitions / Tournaments Liability Insurance Protect yourself from liability arising from your field hockey exhibition with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured.
- [Hockey - Inline - Exhibitions / Tournaments](https://cphins.com/hockey-inline-exhibitions-tournaments/) - SPECIAL EVENT LIABILITY INSURANCEHockey - Inline - Exhibitions / Tournaments Get a Quote & Apply Hockey - Inline - Exhibitions / Tournaments Liability Insurance Protect yourself from liability arising from your inline hockey exhibition with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our
- [Hockey - Underwater - Exhibitions / Tournaments](https://cphins.com/hockey-underwater-exhibitions-tournaments/) - SPECIAL EVENT LIABILITY INSURANCEHockey - Underwater - Exhibitions / Tournaments Get a Quote & Apply Hockey - Underwater - Exhibitions / Tournaments Liability Insurance Protect yourself from liability arising from your underwater hockey exhibition with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our
- [Home Shows](https://cphins.com/home-shows/) - SPECIAL EVENT LIABILITY INSURANCEHome Shows Get a Quote & Apply Home Shows Liability Insurance Protect yourself from liability arising from your home show with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include
- [Home Tours](https://cphins.com/home-tours/) - SPECIAL EVENT LIABILITY INSURANCEHome Tours Get a Quote & Apply Home Tours Liability Insurance Protect yourself from liability arising from your home tour with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include
- [Inaugurations](https://cphins.com/inaugurations/) - SPECIAL EVENT LIABILITY INSURANCEInaugurations Get a Quote & Apply Inaugurations Liability Insurance Protect yourself from liability arising from Inaugurations with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include bodily injury/property damage liability,
- [Job / Career Fairs](https://cphins.com/job-career-fairs/) - SPECIAL EVENT LIABILITY INSURANCEJob / Career Fairs Get a Quote & Apply Job / Career Fairs Liability Insurance Protect yourself from liability arising from your job / career fair with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof
- [Kayaking](https://cphins.com/kayaking/) - SPECIAL EVENT LIABILITY INSURANCEKayaking Get a Quote & Apply Kayaking Liability Insurance Protect yourself from liability arising from kayaking with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include bodily injury/property damage
- [Kickball Exhibitions / Tournaments](https://cphins.com/kickball-exhibitions-tournaments/) - SPECIAL EVENT LIABILITY INSURANCEKickball Exhibitions / Tournaments Get a Quote & Apply Kickball Exhibitions / Tournaments Liability Insurance Protect yourself from liability arising from your kickball exhibition with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage
- [Lacrosse Exhibitions / Tournaments](https://cphins.com/lacrosse-exhibitions-tournaments/) - SPECIAL EVENT LIABILITY INSURANCELacrosse Exhibitions / Tournaments Get a Quote & Apply Lacrosse Exhibitions / Tournaments Liability Insurance Protect yourself from liability arising from your lacrosse exhibition with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes.
- [Livestock Shows / Auctions](https://cphins.com/livestock-shows-auctions/) - SPECIAL EVENT LIABILITY INSURANCELivestock Shows / Auctions Get a Quote & Apply Livestock Shows / Auction Liability Insurance Protect yourself from liability arising from your livestock show / auction with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof
- [Luncheons](https://cphins.com/luncheons/) - SPECIAL EVENT LIABILITY INSURANCELuncheons Get a Quote & Apply Luncheons Liability Insurance Protect yourself from liability arising from your luncheon with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include bodily injury/property
- [Magic Shows](https://cphins.com/magic-shows/) - SPECIAL EVENT LIABILITY INSURANCEMagic Shows Get a Quote & Apply Magic Shows Liability Insurance Protect yourself from liability arising from your magic show with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include bodily
- [Marathons / Half Marathons](https://cphins.com/marathons-half-marathons/) - SPECIAL EVENT LIABILITY INSURANCEMarathons / Half Marathon Get a Quote & Apply Marathons / Half Marathons Liability Insurance Protect yourself from liability arising from your marathon or half marathon with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof
- [Martial Arts / Karate Judo Exhibitions / Tournaments](https://cphins.com/martial-arts-karate-judo-exhibitions-tournaments/) - SPECIAL EVENT LIABILITY INSURANCEMartial Arts / Karate Judo Exhibitions / Tournaments Get a Quote & Apply Martial Arts / Karate Judo Exhibitions / Tournaments Liability Insurance Protect yourself from liability arising from your martial arts / karate exhibition with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as
- [Parades](https://cphins.com/parades/) - SPECIAL EVENT LIABILITY INSURANCEParades Get a Quote & Apply Parade Liability Insurance Protect yourself from liability arising from your parade with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include bodily injury/property damage
- [Parties](https://cphins.com/parties/) - SPECIAL EVENT LIABILITY INSURANCEParties Get a Quote & Apply Parties of any type are fun to organize. The thought of getting your friends and family together for a special occasion brings joy to many. The size of the party and the occasion, affects the amount of pressure associated with organizing the event. A small intimate
- [Photo Shoots](https://cphins.com/photo-shoots/) - SPECIAL EVENT LIABILITY INSURANCEPhoto Shoots Get a Quote & Apply Photo Shoot Liability Insurance Protect yourself from liability arising from your photo shoot with Special Event Insurance. Many venues require event liability insurance and request to be added to your policy as an additional insured. Our easy online application provides proof of coverage in minutes. Coverages include
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- [Psychological Assistant](https://cphins.com/psychological-assistant/) - MALPRACTICE INSURANCE FOR HEALTH & WELLNESS PROFESSIONALSPsychological Assistant Get a Quote & Apply As a Psychological Assistant, you’ve dedicated your career to helping others, and you should be free to focus on clinical care without worrying about a threat to your livelihood. With individual Malpractice Insurance for Psychological Assistants, you can have peace of mind knowing
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- [Pilates Instructor](https://cphins.com/pilates-instructor/) - MALPRACTICE INSURANCE FOR INDIVIDUAL PROFESSIONALSPilates Instructor Get a Quote & Apply Pilates Instructors across the country trust CPH Insurance for their professional liability insurance. A policy with CPH provides peace of mind, so you can focus on providing your clients the highest quality service. What is professional liability insurance for pilates instructors? Professional liability insurance for
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- [Nutritionist](https://cphins.com/nutritionist/) - MALPRACTICE INSURANCE FOR INDIVIDUAL PROVIDERSNutritionist Get a Quote & Apply What is Professional Liability Insurance for Nutritionists? Professional liability insurance is a safety net. It’s an insurance policy written specifically to protect your career and assets by insuring the services you provide against a lawsuit. Why take out your own Nutritionist Insurance Policy (even if
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- [Nationally Certified Counselor (NCC)](https://cphins.com/nationally-certified-counselor-ncc/) - MALPRACTICE INSURANCE FOR HEALTH & WELLNESS PROFESSIONALSNationally Certified Counselor (NCC) Get a Quote & Apply As a Nationally Certified Counselor (NCC), you’ve dedicated your career to helping others, and you should be free to focus on clinical care without worrying about a threat to your livelihood. With individual Malpractice Insurance for Nationally Certified Counselors (NCCs), you can have
- [Meditation Instructor](https://cphins.com/meditation-instructor/) - Meditation Instructor Get a Quote & Apply Meditation Instructors across the country trust CPH Insurance for their professional liability insurance. A policy with CPH provides peace of mind, so you can focus on providing your clients the highest quality service. We promise: Real-time online application: Individual policy documents are issued in minutes, as long as
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- [Martial Arts Instructor](https://cphins.com/martial-arts-instructor/) - Martial Arts Instructor Get a Quote & Apply What is Professional Liability Insurance for Martial Arts Instructors? Liability insurance isn’t only for medical professionals. In these litigious times, Martial Arts Instructors are encouraged to carry professional liability insurance (or malpractice insurance) to safeguard their careers, as well. If a client files a complaint or lawsuit,
- [Marriage & Family Therapist Intern (MFTI)](https://cphins.com/marriage-family-therapist-intern-mfti/) - MALPRACTICE INSURANCE FOR INDIVIDUAL PROVIDERSMarriage & Family Therapist Intern (MFTI) Get a Quote & Apply As a Marriage & Family Therapist Intern (MFTI), you’ve dedicated your career to helping others, and you should be free to focus on clinical care without worrying about a threat to your livelihood. With individual Malpractice Insurance for Marriage & Family
- [Life Guard Instructor](https://cphins.com/life-guard-instructor/) - MALPRACTICE INSURANCE FOR HEALTH & WELLNESS PROFESSIONALSLife Guard Instructor Get a Quote & Apply As a Life Guard Instructor in the health and wellness industry, everyday people rely on your expertise in order to improve the quality of their own lives. But unfortunately, while working as a Life Guard Instructor may be beneficial to most
- [Life Coach](https://cphins.com/life-coach/) - MALPRACTICE INSURANCE FOR LIFE COACHESLife Coach Get a Quote & Apply As a Life Coach in the wellness industry, everyday people rely on your expertise in order to improve the quality of their own lives. But unfortunately, while working as a Life Coach may be beneficial to most people, many times unexpected conflicts can occur
- [Kinesiologist](https://cphins.com/kinesiologist/) - MALPRACTICE INSURANCE FOR INDIVIDUAL PROVIDERSKinesiologist Get a Quote & Apply As a Kinesiologist, you’ve dedicated your career to helping others, and you should be free to focus on your clients without worrying about a threat to your livelihood. With Individual Malpractice Insurance for Kinesiologists, you can have peace of mind knowing you're protected in the
- [Heller Worker](https://cphins.com/heller-worker/) - MALPRACTICE INSURANCE FOR INDIVIDUAL PROFESSIONALSHeller Worker Get a Quote & Apply Heller Workers across the country trust CPH Insurance for their professional liability insurance. A policy with CPH provides peace of mind, so you can focus on providing your clients the highest quality service. We promise: Real-time online application: Individual policy documents are issued in minutes,
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- [Exercise Physiologist](https://cphins.com/exercise-physiologist/) - Receive an instant quote & apply online for A++ Exercise Physiologist Insurance. Rates start at less than $100, and proof of insurance is issued immediately.
- [Esthetician](https://cphins.com/esthetician/) - MALPRACTICE INSURANCE FOR HEALTH & WELLNESS PROFESSIONALSEsthetician Get a Quote & Apply As an Esthetician in the health and wellness industry, everyday people rely on your expertise in order to improve the quality of their own lives. But unfortunately, while working as an Esthetician may be beneficial to most people, many times unexpected conflicts can occur
- [Electrologist](https://cphins.com/electrologist/) - MALPRACTICE INSURANCE FOR HEALTH & WELLNESS PROFESSIONALSElectrologist Get a Quote & Apply As an Electrologist in the health and wellness industry, everyday people rely on your expertise in order to improve the quality of their own lives. But unfortunately, while working as an Electrologist may be beneficial to most people, many times unexpected conflicts can occur
- [EIA Supervisor](https://cphins.com/eia-supervisor/) - Receive an instant quote for A++ Malpractice Insurance for EIA Supervisors. Rates start at approximately $100/year, and proof of insurance is sent immediately.
- [CPR Trainer](https://cphins.com/cpr-trainer/) - MALPRACTICE INSURANCE FOR HEALTH & WELLNESS PROFESSIONALSCPR Trainer Get a Quote & Apply As a CPR Trainer in the health and wellness industry, everyday people rely on your expertise in order to improve the quality of their own lives. But unfortunately, while working as a CPR Trainer may be beneficial to most people, many times
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- [Certified Personal Trainer](https://cphins.com/certified-personal-trainer/) - Receive an instant quote & apply online for A++ Personal Trainer Insurance. Rates start at less than $100/year, and proof of insurance is issued immediately.
- [Cardiology Technologist](https://cphins.com/cardiology-technologist/) - MALPRACTICE INSURANCE FOR HEALTH & WELLNESS PROFESSIONALSCardiology Technologist Get a Quote & Apply As a Cardiology Technologist in the health and wellness industry, everyday people rely on your expertise in order to improve the quality of their own lives. But unfortunately, while working as a Cardiology Technologist may be beneficial to most people, many times unexpected
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- [Athletic Trainer](https://cphins.com/athletic-trainer/) - Receive an instant quote & apply online for A++ Athletic Trainer Insurance. Rates start at less than $100 per year. Proof of insurance issued immediately.
- [Aquatic Professional](https://cphins.com/aquatic-professional/) - MALPRACTICE INSURANCE FOR HEALTH & WELLNESS PROFESSIONALSAquatic Professional Get a Quote & Apply As an Aquatic Professional in the health and wellness industry, everyday people rely on your expertise in order to improve the quality of their own lives. But unfortunately, while working as an Aquatic Professional may be beneficial to most people, many times
- [Aqua Instructor](https://cphins.com/aqua-instructors/) - Protect your Aqua Instructor career with professional liability / malpractice insurance. Limit your risks as an individual and lean on CPH Insurance for your professional liability coverage.
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- [Anesthesia Technician](https://cphins.com/anesthesia-technician/) - MALPRACTICE INSURANCE FOR HEALTH & WELLNESS PROFESSIONALSAnesthesia Technician Get a Quote & Apply As an Anesthesia Technician in the health and wellness industry, everyday people rely on your expertise in order to improve the quality of their own lives. But unfortunately, while working as an Anesthesia Technician may be beneficial to most people, many times
- [Aerobics Instructor](https://cphins.com/aerobics-instructor/) - Receive an instant quote & apply online for A++ Aerobics Instructor Insurance. Rates start at less than $100 per year. Proof of insurance issued immediately.
- [Acupuncturist](https://cphins.com/acupuncturist/) - MALPRACTICE INSURANCE FOR HEALTH & WELLNESS PROFESSIONALSAcupuncturist Get a Quote & Apply As an Acupuncturist in the health and wellness industry, everyday people rely on your expertise in order to improve the quality of their own lives. But unfortunately, while working as an Acupuncturist may be beneficial to most people, many times unexpected conflicts can
- [The Health Coach Alliance and Association for Integrative Nutrition](https://cphins.com/inaplinsurance/) - You're great at helping others.Don't forget to help yourself. Proud Partners The Health Coach Alliance and Association for Integrative Nutrition Get a Quote & Apply Professional Liability Insurance CPH Insurance offers professional liability, also known as malpractice insurance, for coaches. Proof of coverage is issued within minutes of submitting an online application. As a Coach
- [Quantum University - Professional Liability Insurance](https://cphins.com/quantum-university/) - You're great at helping others.Don't forget to help yourself. Proud Partners Quantum University Get a Quote & Apply CPH Insurance is proud to partner with Quantum University. At Quantum University, you're working hard towards a degree specific to holistic, natural or integrative medicine. To protect your career, CPH Insurance offers professional liability, also known as
- [Classroom to Couch](https://cphins.com/classroom-to-couch/) - You're great at helping others.Don't forget to help yourself. Malpractice Insurance for Mental Health Providers. Proud Partners Get a Quote & Apply CPH Insurance is proud to support mental health professional growth and practice management. Having served mental health professionals for 20 years, CPH Insurance insures students, provisionally licensed interns, and fully licensed professionals with malpractice
- [Coaches Marketing Corner](https://cphins.com/coaches-marketing-corner/) - You're great at helping others.Don't forget to help yourself. Malpractice Insurance for Life & Health Coaches. Proud Partners Get a Quote & Apply CPH Insurance is proud to partner with Coaches Marketing Corner in support of professional growth and development for life and health coaches. As a life and health coach, you’ve dedicated your career
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- [Institute for Integrative Nutrition](https://cphins.com/iin/) - MALPRACTICE INSURANCE FOR LIFE & HEALTH COACHESInstitute for Integrative Nutrition Get a Quote & Apply CPH Insurance is proud to partner with the Institute for Integrative Nutrition in support of professional growth and practice development for life and health coaches. As a life and health coach, you’ve dedicated your career to helping others, and you
- [Policy Amendment Notice](https://cphins.com/update/) - Policy Amendment Notice Advisory Notice to Policyholders Allied Healthcare Providers Professional and Supplemental Liability Insurance Policy – Form, PI-PHCP-02 Dear Valued Policyholders in All States EXCEPT Alaska, Colorado, Illinois, Kansas, Louisiana, Maine, Massachusetts, New Hampshire, New York, Pennsylvania & Virginia: Upon renewal of your policy, an updated policy form PI-PHCP-02 (10/16) will replace your expiring
- [Reiki Practitioner](https://cphins.com/reiki-practice/) - Reiki Practitioner Get a Quote & Apply Reiki Practitioners across the country trust CPH Insurance for their professional liability insurance. A policy with CPH provides peace of mind, so you can focus on providing your clients the highest quality service. We promise: Real-time online application: Individual policy documents are issued in minutes, as long as you’re
- [Rolfer Practitioner](https://cphins.com/rolfer-practice/) - Rolfer Practitioner Get a Quote & Apply Rolfer Practitioners across the country trust CPH insurance for their professional liability insurance. A policy with CPH provides peace of mind, so you can focus on providing your clients the highest quality service. We promise: Real-time online application: Individual policy documents are issued in minutes, as long as you’re approved
- [Sports Medicine Instructor](https://cphins.com/smi/) - MALPRACTICE INSURANCE FOR INDIVIDUAL PROFESSIONALSSports Medicine Instructor Get a Quote & Apply Sports Medicine Instructors across the country trust CPH Insurance for their professional liability insurance. A policy with CPH provides peace of mind, so you can focus on providing your clients the highest quality service. We promise: Real-time online application: Individual policy documents are issued
- [ProSCALE Legal](https://cphins.com/proscalelegal/) - You're great at helping others.Don't forget to help yourself. Malpractice Insurance for life and health coaches. Proud Partners Get a Quote & Apply CPH Insurance is proud to partner with ProScale Legal professional growth and practice development for life and health coaches. As a life and health coach, you’ve dedicated your career to helping others,
- [Certified Personal Trainer: NFPT](https://cphins.com/certified-personal-trainer-nfptblog-2/) - You're great at helping others.Don't forget to help yourself. Malpractice Insurance for individual professionals. Proud Partners Get a Quote & Apply CPH Insurance is proud to partner with NFPT. NFPT Certified Personal Trainers across the country trust CPH Insurance for their professional liability insurance. A policy with CPH provides peace of mind, so you can focus
- [Certified Personal Trainer: NAFC](https://cphins.com/certified-personal-trainer-nafc/) - You're great at helping others.Don't forget to help yourself. Malpractice Insurance for individual professionals. Proud Partners NAFC Certified Personal Trainers Get a Quote & Apply CPH Insurance is proud to partner with NAFC Certified Personal Trainers. NAFC Certified Personal Trainers across the country trust CPH Insurance for their professional liability insurance. A policy with CPH provides peace
- [Certified Personal Trainer: IFPA](https://cphins.com/ifpa/) - Personal trainers certified through IFPA trust CPH as their Professional Liability Insurance provider. Rates as low as $82/year.
- [Certified Personal Trainer: CFSC](https://cphins.com/certified-personal-trainer-cfsc/) - Receive an instant quote & apply online for A++ Personal Trainer Insurance. Rates start at less than $100/year, and proof of insurance is issued immediately.
- [Certified Personal Trainer: Club Industry](https://cphins.com/club-industry/) - Rates start at $82 per year and proof of insurance is issued immediately. Receive an instant quote online in minutes. Coverage rated A++ for financial stability
- [Certified Personal Trainer: Bodies®](https://cphins.com/bodies/) - Receive an instant quote & apply online for A++ Personal Trainer Insurance. Rates start at less than $100/year, and proof of insurance is issued immediately.
- [Certified Personal Trainer: AFPA](https://cphins.com/certified-personal-trainer-afpa/) - Trainers nationwide certified through AFPA trust CPH for their Trainer Liability Insurance. Rates as low as $82 per year.
- [American Sports & Fitness Association](https://cphins.com/asfa/) - You're great at helping others.Don't forget to help yourself. Malpractice Insurance for Fitness Professionals. Proud Partners Get a Quote & Apply CPH Insurance is proud to serve American Sports & Fitness Association members in support of fitness professional certification and continuing education. CPH Insurance insures a wide range of fitness professionals including: Aqua Instructors Certified
- [AAMFT Leadership Symposium 2022](https://cphins.com/aamftls22/) - You're great at helping others.Don't forget to help yourself. Malpractice Insurance For AAMFT Members Proud Partners Get a Quote & Apply CPH Insurance is proud to sponsor the AAMFT Leadership Symposium in support of mental health professional growth and development. As a Licensed Marriage and Family Therapist, you practice specialized therapy. Though your client may

## Categories

- [Avoiding Liability Bulletin](https://cphins.com/category/nursing/avoiding-liability-bulletin-nursing/)
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## Tags

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- [burden of production](https://cphins.com/tag/burden-of-production/)
- [burden of proof](https://cphins.com/tag/burden-of-proof/)
- [Liability](https://cphins.com/tag/liability/)
- [nurse negligence](https://cphins.com/tag/nurse-negligence/)
- [nursing standard of care](https://cphins.com/tag/nursing-standard-of-care/)
- [respondeat superior](https://cphins.com/tag/respondeat-superior/)
- [vicarious liability](https://cphins.com/tag/vicarious-liability/)
- [who gets named in a suit](https://cphins.com/tag/who-gets-named-in-a-suit/)
- [testimonial evidence](https://cphins.com/tag/testimonial-evidence/)
- [delegation of patient care](https://cphins.com/tag/delegation-of-patient-care/)
- [documentation of patient care](https://cphins.com/tag/documentation-of-patient-care/)
- [state nurse practice act](https://cphins.com/tag/state-nurse-practice-act/)
- [nurse expert testimony](https://cphins.com/tag/nurse-expert-testimony/)
- [board of nursing](https://cphins.com/tag/board-of-nursing/)
- [board of nursing's authority](https://cphins.com/tag/board-of-nursings-authority/)
- [complying with the board of nursing mandates](https://cphins.com/tag/complying-with-the-board-of-nursing-mandates/)
- [discipline of a nurse licensee](https://cphins.com/tag/discipline-of-a-nurse-licensee/)
- [nclex](https://cphins.com/tag/nclex/)
- [state board of nursing](https://cphins.com/tag/state-board-of-nursing/)
- [informed consent](https://cphins.com/tag/informed-consent/)
- [informed refusal](https://cphins.com/tag/informed-refusal/)
- [Patient Communication](https://cphins.com/tag/patient-communication/)
- [disciplinary action against a nurse licensee](https://cphins.com/tag/disciplinary-action-against-a-nurse-licensee/)
- [disciplinary grounds](https://cphins.com/tag/disciplinary-grounds/)
- [violations of the act](https://cphins.com/tag/violations-of-the-act/)
- [administrative warning letter](https://cphins.com/tag/administrative-warning-letter/)
- [allegations against a nurse](https://cphins.com/tag/allegations-against-a-nurse/)
- [AWL](https://cphins.com/tag/awl/)
- [board of nursing disciplinary actions](https://cphins.com/tag/board-of-nursing-disciplinary-actions/)
- [censure](https://cphins.com/tag/censure/)
- [civil penalty](https://cphins.com/tag/civil-penalty/)
- [fine](https://cphins.com/tag/fine/)
- [Healthcare Integrity and Protection Data Bank](https://cphins.com/tag/healthcare-integrity-and-protection-data-bank/)
- [probation](https://cphins.com/tag/probation/)
- [reprimand](https://cphins.com/tag/reprimand/)
- [revocation of a nurse's license](https://cphins.com/tag/revocation-of-a-nurses-license/)
- [suspended nursing license](https://cphins.com/tag/suspended-nursing-license/)
- [The National Practitioner Data Bank](https://cphins.com/tag/the-national-practitioner-data-bank/)
- [mental health professional liability insurance](https://cphins.com/tag/mental-health-professional-liability-insurance/)
- [fitness professional liability](https://cphins.com/tag/fitness-professional-liability/)
- [Supplements](https://cphins.com/tag/supplements/)
- [Avoiding Liability For Mental Health Professionals](https://cphins.com/tag/avoiding-liability-for-mental-health-professionals/)
- [covid-19](https://cphins.com/tag/covid-19/)
- [risk management for mental health professionals](https://cphins.com/tag/risk-management-for-mental-health-professionals/)
- [avoiding liability for wellness professionals](https://cphins.com/tag/avoiding-liability-for-wellness-professionals/)
- [avoiding liability for nursing professional](https://cphins.com/tag/avoiding-liability-for-nursing-professional/)
- [evaluation of patient care](https://cphins.com/tag/evaluation-of-patient-care/)
- [monitoring of patient care](https://cphins.com/tag/monitoring-of-patient-care/)
- [preventing risk to health care facilities](https://cphins.com/tag/preventing-risk-to-health-care-facilities/)
- [proper utilization of incident reports](https://cphins.com/tag/proper-utilization-of-incident-reports/)
- [risk analysis](https://cphins.com/tag/risk-analysis/)
- [risk evaluation](https://cphins.com/tag/risk-evaluation/)
- [risk identification](https://cphins.com/tag/risk-identification/)
- [Risk management](https://cphins.com/tag/risk-management/)
- [risk management for nursing professionals](https://cphins.com/tag/risk-management-for-nursing-professionals/)
- [risk treatment](https://cphins.com/tag/risk-treatment/)
- [limiting risk when hiring nursing professionals](https://cphins.com/tag/limiting-risk-when-hiring-nursing-professionals/)
- [maintaining boundaries around the nursing scope of practice](https://cphins.com/tag/maintaining-boundaries-around-the-nursing-scope-of-practice/)
- [nursing job descriptions](https://cphins.com/tag/nursing-job-descriptions/)
- [electronic medical records](https://cphins.com/tag/electronic-medical-records/)
- [emr](https://cphins.com/tag/emr/)
- [health care communication](https://cphins.com/tag/health-care-communication/)
- [nurse notes](https://cphins.com/tag/nurse-notes/)
- [affordable care act](https://cphins.com/tag/affordable-care-act/)
- [CEC](https://cphins.com/tag/cec/)
- [CEU](https://cphins.com/tag/ceu/)
- [continuing education courses](https://cphins.com/tag/continuing-education-courses/)
- [nurse competency](https://cphins.com/tag/nurse-competency/)
- [safe nursing practice](https://cphins.com/tag/safe-nursing-practice/)
- [patient discharge protocol](https://cphins.com/tag/patient-discharge-protocol/)
- [RN negligence](https://cphins.com/tag/rn-negligence/)
- [federal statutes](https://cphins.com/tag/federal-statutes/)
- [law and nursing practice](https://cphins.com/tag/law-and-nursing-practice/)
- [liability and patient care](https://cphins.com/tag/liability-and-patient-care/)
- [state statutes](https://cphins.com/tag/state-statutes/)
- [nursing standard of practice](https://cphins.com/tag/nursing-standard-of-practice/)
- [professional negligence case](https://cphins.com/tag/professional-negligence-case/)
- [statute of limitations](https://cphins.com/tag/statute-of-limitations/)
- [summary judgement](https://cphins.com/tag/summary-judgement/)
- [timeliness in nursing care](https://cphins.com/tag/timeliness-in-nursing-care/)
- [breach of contract](https://cphins.com/tag/breach-of-contract/)
- [concealment](https://cphins.com/tag/concealment/)
- [conceals the injury](https://cphins.com/tag/conceals-the-injury/)
- [fraudulent acts](https://cphins.com/tag/fraudulent-acts/)
- [civil cause of action](https://cphins.com/tag/civil-cause-of-action/)
- [complaint](https://cphins.com/tag/complaint/)
- [summons](https://cphins.com/tag/summons/)
- [establish the standard of care in a professional negligence suit](https://cphins.com/tag/establish-the-standard-of-care-in-a-professional-negligence-suit/)
- [expert witness testimony](https://cphins.com/tag/expert-witness-testimony/)
- [professional negligence suit](https://cphins.com/tag/professional-negligence-suit/)
- [subpoena](https://cphins.com/tag/subpoena/)
- [subpoena ad testificandum](https://cphins.com/tag/subpoena-ad-testificandum/)
- [subpoena duces tecum](https://cphins.com/tag/subpoena-duces-tecum/)
- [testify as a witness](https://cphins.com/tag/testify-as-a-witness/)
- [testimony under oath](https://cphins.com/tag/testimony-under-oath/)
- [dismissed with prejudice](https://cphins.com/tag/dismissed-with-prejudice/)
- [nurse-patient duty](https://cphins.com/tag/nurse-patient-duty/)
- [identity theft](https://cphins.com/tag/identity-theft/)
- [protecting your nursing license](https://cphins.com/tag/protecting-your-nursing-license/)
- [giving thanks to our nurses](https://cphins.com/tag/giving-thanks-to-our-nurses/)
- [quality nursing care](https://cphins.com/tag/quality-nursing-care/)
- [access to laws and court decisions](https://cphins.com/tag/access-to-laws-and-court-decisions/)
- [findlaw](https://cphins.com/tag/findlaw/)
- [legal citations](https://cphins.com/tag/legal-citations/)
- [lexis-nexis](https://cphins.com/tag/lexis-nexis/)
- [online legal resources](https://cphins.com/tag/online-legal-resources/)
- [westlaw](https://cphins.com/tag/westlaw/)
- [assault](https://cphins.com/tag/assault/)
- [battery](https://cphins.com/tag/battery/)
- [obtaining consent for treatment](https://cphins.com/tag/obtaining-consent-for-treatment/)
- [tort of battery](https://cphins.com/tag/tort-of-battery/)
- [contempt of court](https://cphins.com/tag/contempt-of-court/)
- [false swearing](https://cphins.com/tag/false-swearing/)
- [prejury](https://cphins.com/tag/prejury/)
- [National Council of State Boards of Nursing](https://cphins.com/tag/national-council-of-state-boards-of-nursing/)
- [state nurse practice acts](https://cphins.com/tag/state-nurse-practice-acts/)
- [American Nurses Association](https://cphins.com/tag/american-nurses-association/)
- [code of ethics for nurses with interpretive statements](https://cphins.com/tag/code-of-ethics-for-nurses-with-interpretive-statements/)
- [ethics in nursing practice](https://cphins.com/tag/ethics-in-nursing-practice/)
- [contract law in nursing practice](https://cphins.com/tag/contract-law-in-nursing-practice/)
- [contract of employment](https://cphins.com/tag/contract-of-employment/)
- [disclaimer to avoid the interpretation of the handbook as a contract of employment](https://cphins.com/tag/disclaimer-to-avoid-the-interpretation-of-the-handbook-as-a-contract-of-employment/)
- [employment agreement](https://cphins.com/tag/employment-agreement/)
- [informed consent for treatment](https://cphins.com/tag/informed-consent-for-treatment/)
- [informed consent of a minor](https://cphins.com/tag/informed-consent-of-a-minor/)
- [ABC's of avoiding liability](https://cphins.com/tag/abcs-of-avoiding-liability/)
- [avoiding liability bulletin](https://cphins.com/tag/avoiding-liability-bulletin/)
- [important issues for mental health professionals](https://cphins.com/tag/important-issues-for-mental-health-professionals/)
- [questions for mental health professionals](https://cphins.com/tag/questions-for-mental-health-professionals/)
- [injury or damages compensable by law](https://cphins.com/tag/injury-or-damages-compensable-by-law/)
- [proximate or legal cause](https://cphins.com/tag/proximate-or-legal-cause/)
- [handing off patient responsibilities](https://cphins.com/tag/handing-off-patient-responsibilities/)
- [health information exchange](https://cphins.com/tag/health-information-exchange/)
- [transitions of care](https://cphins.com/tag/transitions-of-care/)
- [nurse-patient relationship](https://cphins.com/tag/nurse-patient-relationship/)
- [outrageous nursing behavior](https://cphins.com/tag/outrageous-nursing-behavior/)
- [tort of intentional inflection of emotional distress](https://cphins.com/tag/tort-of-intentional-inflection-of-emotional-distress/)
- [complete and legible documentation in patient care records](https://cphins.com/tag/complete-and-legible-documentation-in-patient-care-records/)
- [lack of informed consent for a procedure](https://cphins.com/tag/lack-of-informed-consent-for-a-procedure/)
- [avoiding allegations of patient abandonment](https://cphins.com/tag/avoiding-allegations-of-patient-abandonment/)
- [nurse does not adhere to the contractual relationship between the patient and the nurse for daily nursing care](https://cphins.com/tag/nurse-does-not-adhere-to-the-contractual-relationship-between-the-patient-and-the-nurse-for-daily-nursing-care/)
- [nurses in a health care delivery system](https://cphins.com/tag/nurses-in-a-health-care-delivery-system/)
- [patient abandonment](https://cphins.com/tag/patient-abandonment/)
- [expert testimony](https://cphins.com/tag/expert-testimony/)
- [foreseeable risks](https://cphins.com/tag/foreseeable-risks/)
- [standard of care](https://cphins.com/tag/standard-of-care/)
- [nursing consent](https://cphins.com/tag/nursing-consent/)
- [nursing mistake of law or fact](https://cphins.com/tag/nursing-mistake-of-law-or-fact/)
- [nursing necessity](https://cphins.com/tag/nursing-necessity/)
- [nursing privilege](https://cphins.com/tag/nursing-privilege/)
- [nursing self-defense](https://cphins.com/tag/nursing-self-defense/)
- [nursing statute of limitations](https://cphins.com/tag/nursing-statute-of-limitations/)
- [national nurses week](https://cphins.com/tag/national-nurses-week/)
- [child abuse and neglect reporting statutes](https://cphins.com/tag/child-abuse-and-neglect-reporting-statutes/)
- [duty to report](https://cphins.com/tag/duty-to-report/)
- [elder abuse reporting](https://cphins.com/tag/elder-abuse-reporting/)
- [good faith report](https://cphins.com/tag/good-faith-report/)
- [nursing mandatory reporting statutes](https://cphins.com/tag/nursing-mandatory-reporting-statutes/)
- [nursing evaluation](https://cphins.com/tag/nursing-evaluation/)
- [nursing negligence](https://cphins.com/tag/nursing-negligence/)
- [protecting a patient from an unreasonable and foreseeable risk of harm](https://cphins.com/tag/protecting-a-patient-from-an-unreasonable-and-foreseeable-risk-of-harm/)
- [breach of state board of nursing](https://cphins.com/tag/breach-of-state-board-of-nursing/)
- [crossing nurse-patient professional boundaries](https://cphins.com/tag/crossing-nurse-patient-professional-boundaries/)
- [duty to administer and enforce state nurse practice act](https://cphins.com/tag/duty-to-administer-and-enforce-state-nurse-practice-act/)
- [illegal conduct by a nurse licensee](https://cphins.com/tag/illegal-conduct-by-a-nurse-licensee/)
- [nurse-patient confidentiality](https://cphins.com/tag/nurse-patient-confidentiality/)
- [theft of patient belongings](https://cphins.com/tag/theft-of-patient-belongings/)
- [unethical nursing practice](https://cphins.com/tag/unethical-nursing-practice/)
- [avoiding liability in nursing practice](https://cphins.com/tag/avoiding-liability-in-nursing-practice/)
- [parental consent for treatment of a minor](https://cphins.com/tag/parental-consent-for-treatment-of-a-minor/)
- [school nurse](https://cphins.com/tag/school-nurse/)
- [treatment of minors in nursing practice](https://cphins.com/tag/treatment-of-minors-in-nursing-practice/)
- [complete communication](https://cphins.com/tag/complete-communication/)
- [importance of communication in nursing practice](https://cphins.com/tag/importance-of-communication-in-nursing-practice/)
- [open communication](https://cphins.com/tag/open-communication/)
- [timely communication](https://cphins.com/tag/timely-communication/)
- [American Society of Healthcare Risk Management](https://cphins.com/tag/american-society-of-healthcare-risk-management/)
- [CRICO-Nursing](https://cphins.com/tag/crico-nursing/)
- [Fidlaw](https://cphins.com/tag/fidlaw/)
- [Institute for Safe Medication Practices](https://cphins.com/tag/institute-for-safe-medication-practices/)
- [Joint Commission on Accreditation of Health Care Organizations](https://cphins.com/tag/joint-commission-on-accreditation-of-health-care-organizations/)
- [nursing resources](https://cphins.com/tag/nursing-resources/)
- [The National Academy of Medicine](https://cphins.com/tag/the-national-academy-of-medicine/)
- [Vanderbilt University Center for Ethics](https://cphins.com/tag/vanderbilt-university-center-for-ethics/)
- [certification for a cnor or aprn](https://cphins.com/tag/certification-for-a-cnor-or-aprn/)
- [RN First Assistant](https://cphins.com/tag/rn-first-assistant/)
- [rn first assistant's scope of practice](https://cphins.com/tag/rn-first-assistants-scope-of-practice/)
- [RNFA](https://cphins.com/tag/rnfa/)
- [rnfa program](https://cphins.com/tag/rnfa-program/)
- [general guidelines for giving a deposition](https://cphins.com/tag/general-guidelines-for-giving-a-deposition/)
- [giving a deposition](https://cphins.com/tag/giving-a-deposition/)
- [preparing for an oral deposition](https://cphins.com/tag/preparing-for-an-oral-deposition/)
- [Confidentiality](https://cphins.com/tag/confidentiality/)
- [ethics for mental health professionals](https://cphins.com/tag/ethics-for-mental-health-professionals/)
- [mental health client confidentiality](https://cphins.com/tag/mental-health-client-confidentiality/)
- [mental health patient confidentiality](https://cphins.com/tag/mental-health-patient-confidentiality/)
- [therapy practice privacy and confidentiality](https://cphins.com/tag/therapy-practice-privacy-and-confidentiality/)
- [mental health patient care](https://cphins.com/tag/mental-health-patient-care/)
- [risks of self disclosure](https://cphins.com/tag/risks-of-self-disclosure/)
- [self disclosure](https://cphins.com/tag/self-disclosure/)
- [important things to remember as a mental health professional](https://cphins.com/tag/important-things-to-remember-as-a-mental-health-professional/)
- [limiting liability as a therapist](https://cphins.com/tag/limiting-liability-as-a-therapist/)
- [therapist negligence](https://cphins.com/tag/therapist-negligence/)
- [advertising as a therapist](https://cphins.com/tag/advertising-as-a-therapist/)
- [statute of limitations and mental health professionals](https://cphins.com/tag/statute-of-limitations-and-mental-health-professionals/)
- [therapist yelling at a client](https://cphins.com/tag/therapist-yelling-at-a-client/)
- [accompanying a patient on an outing](https://cphins.com/tag/accompanying-a-patient-on-an-outing/)
- [bartering with clients](https://cphins.com/tag/bartering-with-clients/)
- [reporting neglect](https://cphins.com/tag/reporting-neglect/)
- [violence toward a patient](https://cphins.com/tag/violence-toward-a-patient/)
- [accurate advertising for mental health practice](https://cphins.com/tag/accurate-advertising-for-mental-health-practice/)
- [advertising as a mental health professional](https://cphins.com/tag/advertising-as-a-mental-health-professional/)
- [advertising as a pre-licensed professional](https://cphins.com/tag/advertising-as-a-pre-licensed-professional/)
- [advertising as an expert practitioner](https://cphins.com/tag/advertising-as-an-expert-practitioner/)
- [advertising expertise](https://cphins.com/tag/advertising-expertise/)
- [using the word doctor in advertising](https://cphins.com/tag/using-the-word-doctor-in-advertising/)
- [patient testimonials](https://cphins.com/tag/patient-testimonials/)
- [solicitation of testimonials from patients](https://cphins.com/tag/solicitation-of-testimonials-from-patients/)
- [testimonials by private practitioners](https://cphins.com/tag/testimonials-by-private-practitioners/)
- [use of testimonials in advertising](https://cphins.com/tag/use-of-testimonials-in-advertising/)
- [Advertising](https://cphins.com/tag/advertising/)
- [advertising and state law](https://cphins.com/tag/advertising-and-state-law/)
- [advertising services for pre-licensed employees](https://cphins.com/tag/advertising-services-for-pre-licensed-employees/)
- [pre-licensed employees](https://cphins.com/tag/pre-licensed-employees/)
- [pre-licensed mental health practice](https://cphins.com/tag/pre-licensed-mental-health-practice/)
- [advertising on groupon as a therapist](https://cphins.com/tag/advertising-on-groupon-as-a-therapist/)
- [coupons for mental health services](https://cphins.com/tag/coupons-for-mental-health-services/)
- [mental health intern under supervision](https://cphins.com/tag/mental-health-intern-under-supervision/)
- [unlawful advertising by mental health professionals](https://cphins.com/tag/unlawful-advertising-by-mental-health-professionals/)
- [advertising as a counselor](https://cphins.com/tag/advertising-as-a-counselor/)
- [advertising for psychotherapy](https://cphins.com/tag/advertising-for-psychotherapy/)
- [protected words in advertising](https://cphins.com/tag/protected-words-in-advertising/)
- [fees and collections in your mental health practice](https://cphins.com/tag/fees-and-collections-in-your-mental-health-practice/)
- [patient complaint over fees](https://cphins.com/tag/patient-complaint-over-fees/)
- [sliding fee scale](https://cphins.com/tag/sliding-fee-scale/)
- [advertising issues for mental health practitioners](https://cphins.com/tag/advertising-issues-for-mental-health-practitioners/)
- [therapist expertise](https://cphins.com/tag/therapist-expertise/)
- [is it okay to hit a patient](https://cphins.com/tag/is-it-okay-to-hit-a-patient/)
- [self defense](https://cphins.com/tag/self-defense/)
- [therapist hitting a patient](https://cphins.com/tag/therapist-hitting-a-patient/)
- [when can a therapist legally hit a patient](https://cphins.com/tag/when-can-a-therapist-legally-hit-a-patient/)
- [compensation for referrals](https://cphins.com/tag/compensation-for-referrals/)
- [mental health compliance](https://cphins.com/tag/mental-health-compliance/)
- [referral of professional clients](https://cphins.com/tag/referral-of-professional-clients/)
- [referral remuneration for mental health professionals](https://cphins.com/tag/referral-remuneration-for-mental-health-professionals/)
- [Therapist and counselor referrals](https://cphins.com/tag/therapist-and-counselor-referrals/)
- [child abuse reporting](https://cphins.com/tag/child-abuse-reporting/)
- [declining to see a client](https://cphins.com/tag/declining-to-see-a-client/)
- [mental health practice mistakes](https://cphins.com/tag/mental-health-practice-mistakes/)
- [referring to another practicioner](https://cphins.com/tag/referring-to-another-practicioner/)
- [failure to attain required mce](https://cphins.com/tag/failure-to-attain-required-mce/)
- [failure to obtain business license](https://cphins.com/tag/failure-to-obtain-business-license/)
- [failure to renew license](https://cphins.com/tag/failure-to-renew-license/)
- [failure to renew malpractice insurance](https://cphins.com/tag/failure-to-renew-malpractice-insurance/)
- [mistakes to avoid as a mental health professional](https://cphins.com/tag/mistakes-to-avoid-as-a-mental-health-professional/)
- [counselor testifying as a witness](https://cphins.com/tag/counselor-testifying-as-a-witness/)
- [patient cannot ask therapist to testify](https://cphins.com/tag/patient-cannot-ask-therapist-to-testify/)
- [psychotherapist-patient privilege](https://cphins.com/tag/psychotherapist-patient-privilege/)
- [therapist supboenaed to testify](https://cphins.com/tag/therapist-supboenaed-to-testify/)
- [antitrust laws for licensing boards](https://cphins.com/tag/antitrust-laws-for-licensing-boards/)
- [antitrust laws for mental health professionals](https://cphins.com/tag/antitrust-laws-for-mental-health-professionals/)
- [healthcare antitrust violations](https://cphins.com/tag/healthcare-antitrust-violations/)
- [liability while volunteering after retirement](https://cphins.com/tag/liability-while-volunteering-after-retirement/)
- [malpractice insurance after retirement](https://cphins.com/tag/malpractice-insurance-after-retirement/)
- [retirement as a mental health professional](https://cphins.com/tag/retirement-as-a-mental-health-professional/)
- [volunteering post-retirement](https://cphins.com/tag/volunteering-post-retirement/)
- [Fictitious Business Names](https://cphins.com/tag/fictitious-business-names/)
- [naming a mental health company](https://cphins.com/tag/naming-a-mental-health-company/)
- [owners of a mental health business entity](https://cphins.com/tag/owners-of-a-mental-health-business-entity/)
- [hold harmless clause](https://cphins.com/tag/hold-harmless-clause/)
- [indemnification clause](https://cphins.com/tag/indemnification-clause/)
- [applying for a business license as a mental health practitioner](https://cphins.com/tag/applying-for-a-business-license-as-a-mental-health-practitioner/)
- [business license for mental health professionals](https://cphins.com/tag/business-license-for-mental-health-professionals/)
- [avoiding liability as a mental health professional](https://cphins.com/tag/avoiding-liability-as-a-mental-health-professional/)
- [free range children](https://cphins.com/tag/free-range-children/)
- [reporting child abuse as a mental health professional](https://cphins.com/tag/reporting-child-abuse-as-a-mental-health-professional/)
- [reporting child neglect as a mental health professional](https://cphins.com/tag/reporting-child-neglect-as-a-mental-health-professional/)
- [child abuse reporting immunity](https://cphins.com/tag/child-abuse-reporting-immunity/)
- [child abuse reporting laws](https://cphins.com/tag/child-abuse-reporting-laws/)
- [duty of confidentiality](https://cphins.com/tag/duty-of-confidentiality/)
- [duty to report child abuse](https://cphins.com/tag/duty-to-report-child-abuse/)
- [immunity from liability](https://cphins.com/tag/immunity-from-liability/)
- [abuse reporting standards](https://cphins.com/tag/abuse-reporting-standards/)
- [sexual abuse reporting](https://cphins.com/tag/sexual-abuse-reporting/)
- [mental health care for minors](https://cphins.com/tag/mental-health-care-for-minors/)
- [minor patient](https://cphins.com/tag/minor-patient/)
- [tarasoff duty](https://cphins.com/tag/tarasoff-duty/)
- [tarasoff situation](https://cphins.com/tag/tarasoff-situation/)
- [child abuse and neglect reporting act](https://cphins.com/tag/child-abuse-and-neglect-reporting-act/)
- [issues with child abuse reporting](https://cphins.com/tag/issues-with-child-abuse-reporting/)
- [online reporting](https://cphins.com/tag/online-reporting/)
- [reporting child abuse over the phone](https://cphins.com/tag/reporting-child-abuse-over-the-phone/)
- [written child abuse report](https://cphins.com/tag/written-child-abuse-report/)
- [religious conflicts in mental health treatment](https://cphins.com/tag/religious-conflicts-in-mental-health-treatment/)
- [privacy protections](https://cphins.com/tag/privacy-protections/)
- [reporting and confidentiality](https://cphins.com/tag/reporting-and-confidentiality/)
- [duty as a mandated reporter of child abuse](https://cphins.com/tag/duty-as-a-mandated-reporter-of-child-abuse/)
- [emancipation of minor](https://cphins.com/tag/emancipation-of-minor/)
- [child welfare](https://cphins.com/tag/child-welfare/)
- [general neglect](https://cphins.com/tag/general-neglect/)
- [severe neglect](https://cphins.com/tag/severe-neglect/)
- [failure to report](https://cphins.com/tag/failure-to-report/)
- [duty to investigate](https://cphins.com/tag/duty-to-investigate/)
- [patient confidentiality](https://cphins.com/tag/patient-confidentiality/)
- [patient privacy](https://cphins.com/tag/patient-privacy/)
- [assault reporting](https://cphins.com/tag/assault-reporting/)
- [child endangerment](https://cphins.com/tag/child-endangerment/)
- [emotional abuse](https://cphins.com/tag/emotional-abuse/)
- [physical abuse reporting](https://cphins.com/tag/physical-abuse-reporting/)
- [criminal liability](https://cphins.com/tag/criminal-liability/)
- [emancipated minor](https://cphins.com/tag/emancipated-minor/)
- [fetus vs. child](https://cphins.com/tag/fetus-vs-child/)
- [domestic violence](https://cphins.com/tag/domestic-violence/)
- [nuances of the child abuse reporting laws](https://cphins.com/tag/nuances-of-the-child-abuse-reporting-laws/)
- [reporting domestic violence as a mental health professional](https://cphins.com/tag/reporting-domestic-violence-as-a-mental-health-professional/)
- [child abuse](https://cphins.com/tag/child-abuse/)
- [child protective services](https://cphins.com/tag/child-protective-services/)
- [like-aged minor child abuse](https://cphins.com/tag/like-aged-minor-child-abuse/)
- [client custody battle](https://cphins.com/tag/client-custody-battle/)
- [custody case one parent claiming abuse](https://cphins.com/tag/custody-case-one-parent-claiming-abuse/)
- [treatment of minor without parental consent](https://cphins.com/tag/treatment-of-minor-without-parental-consent/)
- [alienating parents in child custody battle](https://cphins.com/tag/alienating-parents-in-child-custody-battle/)
- [child custody and counseling](https://cphins.com/tag/child-custody-and-counseling/)
- [dealing with Child Custody Disputes as a therapist](https://cphins.com/tag/dealing-with-child-custody-disputes-as-a-therapist/)
- [Parental Alienation Syndrome](https://cphins.com/tag/parental-alienation-syndrome/)
- [therapists and child custody](https://cphins.com/tag/therapists-and-child-custody/)
- [consent of a minor](https://cphins.com/tag/consent-of-a-minor/)
- [joint custody and treatment of minor](https://cphins.com/tag/joint-custody-and-treatment-of-minor/)
- [Parent/Child Relationships](https://cphins.com/tag/parentchild-relationships/)
- [tips for testifying as a therapist](https://cphins.com/tag/tips-for-testifying-as-a-therapist/)
- [authorization form on behalf of a minor](https://cphins.com/tag/authorization-form-on-behalf-of-a-minor/)
- [holder of the privilege](https://cphins.com/tag/holder-of-the-privilege/)
- [subpoena for the records of the children](https://cphins.com/tag/subpoena-for-the-records-of-the-children/)
- [American Counseling Association’s Code of Ethics](https://cphins.com/tag/american-counseling-associations-code-of-ethics/)
- [death of the practitioner](https://cphins.com/tag/death-of-the-practitioner/)
- [death of the therapist](https://cphins.com/tag/death-of-the-therapist/)
- [malpractice insurance claim coverage](https://cphins.com/tag/malpractice-insurance-claim-coverage/)
- [malpractice insurance coverage after you die](https://cphins.com/tag/malpractice-insurance-coverage-after-you-die/)
- [Mental Health Malpractice Insurance](https://cphins.com/tag/mental-health-malpractice-insurance/)
- [professional wills](https://cphins.com/tag/professional-wills/)
- [closing a mental health practice](https://cphins.com/tag/closing-a-mental-health-practice/)
- [closing your mental health practice](https://cphins.com/tag/closing-your-mental-health-practice/)
- [ethical standards for mental health professionals](https://cphins.com/tag/ethical-standards-for-mental-health-professionals/)
- [hipaa privacy rule](https://cphins.com/tag/hipaa-privacy-rule/)
- [HIPAA regulations and insurance reimbursement](https://cphins.com/tag/hipaa-regulations-and-insurance-reimbursement/)
- [mental health patient disclosure](https://cphins.com/tag/mental-health-patient-disclosure/)
- [patient authorization forms](https://cphins.com/tag/patient-authorization-forms/)
- [death of mental health patient](https://cphins.com/tag/death-of-mental-health-patient/)
- [death of the client](https://cphins.com/tag/death-of-the-client/)
- [patient-therapist disclosure](https://cphins.com/tag/patient-therapist-disclosure/)
- [protecting patient privacy](https://cphins.com/tag/protecting-patient-privacy/)
- [therapist-patient relationship](https://cphins.com/tag/therapist-patient-relationship/)
- [dangerous patient](https://cphins.com/tag/dangerous-patient/)
- [duty to protect](https://cphins.com/tag/duty-to-protect/)
- [duty to warn](https://cphins.com/tag/duty-to-warn/)
- [HIPAA compliance and ethics](https://cphins.com/tag/hipaa-compliance-and-ethics/)
- [mental health practice risks](https://cphins.com/tag/mental-health-practice-risks/)
- [mental health patient suicide risk](https://cphins.com/tag/mental-health-patient-suicide-risk/)
- [risk management for mental heal professionals](https://cphins.com/tag/risk-management-for-mental-heal-professionals/)
- [reporting criminal activity as a couselor](https://cphins.com/tag/reporting-criminal-activity-as-a-couselor/)
- [authorization vs. consent](https://cphins.com/tag/authorization-vs-consent/)
- [consent forms for mental health practice](https://cphins.com/tag/consent-forms-for-mental-health-practice/)
- [consent vs. authorization](https://cphins.com/tag/consent-vs-authorization/)
- [couple therapy risks](https://cphins.com/tag/couple-therapy-risks/)
- [couples counseling risks](https://cphins.com/tag/couples-counseling-risks/)
- [group counseling risks](https://cphins.com/tag/group-counseling-risks/)
- [group therapy risks](https://cphins.com/tag/group-therapy-risks/)
- [possible compromises of the client’s confidentiality](https://cphins.com/tag/possible-compromises-of-the-clients-confidentiality/)
- [exceptions to confidentiality](https://cphins.com/tag/exceptions-to-confidentiality/)
- [HIPAA Compliance](https://cphins.com/tag/hipaa-compliance/)
- [HIPAA Privacy Act](https://cphins.com/tag/hipaa-privacy-act/)
- [HIPAA regulations for psychotherapy notes](https://cphins.com/tag/hipaa-regulations-for-psychotherapy-notes/)
- [avoiding liability for couples counselors](https://cphins.com/tag/avoiding-liability-for-couples-counselors/)
- [confidentiality regarding collateral visits](https://cphins.com/tag/confidentiality-regarding-collateral-visits/)
- [managing collateral visits](https://cphins.com/tag/managing-collateral-visits/)
- [managing collateral visits in therapy sessions](https://cphins.com/tag/managing-collateral-visits-in-therapy-sessions/)
- [payment expectations for collateral visits](https://cphins.com/tag/payment-expectations-for-collateral-visits/)
- [confidentiality of AIDS diagnosis](https://cphins.com/tag/confidentiality-of-aids-diagnosis/)
- [confidentiality of HIV diagnosis](https://cphins.com/tag/confidentiality-of-hiv-diagnosis/)
- [dangerous patient law](https://cphins.com/tag/dangerous-patient-law/)
- [duty of the therapist](https://cphins.com/tag/duty-of-the-therapist/)
- [Tarasoff v. Regents](https://cphins.com/tag/tarasoff-v-regents/)
- [psychotherapy reports](https://cphins.com/tag/psychotherapy-reports/)
- [reporting abuse as a mental health professional](https://cphins.com/tag/reporting-abuse-as-a-mental-health-professional/)
- [reporting as a psychotherapist](https://cphins.com/tag/reporting-as-a-psychotherapist/)
- [child porn professional liability risks](https://cphins.com/tag/child-porn-professional-liability-risks/)
- [child porn risks](https://cphins.com/tag/child-porn-risks/)
- [child pornography management as a mental health professional](https://cphins.com/tag/child-pornography-management-as-a-mental-health-professional/)
- [possession of child pornography](https://cphins.com/tag/possession-of-child-pornography/)
- [expectations of confidentiality for a client in possession of child pornography](https://cphins.com/tag/expectations-of-confidentiality-for-a-client-in-possession-of-child-pornography/)
- [mental health professionals treating children](https://cphins.com/tag/mental-health-professionals-treating-children/)
- [school counseling and confidentiality laws](https://cphins.com/tag/school-counseling-and-confidentiality-laws/)
- [school counselor liabilities](https://cphins.com/tag/school-counselor-liabilities/)
- [ada](https://cphins.com/tag/ada/)
- [americans with disabilities act](https://cphins.com/tag/americans-with-disabilities-act/)
- [deaf mental health patient management](https://cphins.com/tag/deaf-mental-health-patient-management/)
- [disclosures without the patient’s signed authorization](https://cphins.com/tag/disclosures-without-the-patients-signed-authorization/)
- [breach of confidentiality](https://cphins.com/tag/breach-of-confidentiality/)
- [counselor duty of confidentiality](https://cphins.com/tag/counselor-duty-of-confidentiality/)
- [health care fraud](https://cphins.com/tag/health-care-fraud/)
- [holder of the privilege when treating minors](https://cphins.com/tag/holder-of-the-privilege-when-treating-minors/)
- [the red flags rule](https://cphins.com/tag/the-red-flags-rule/)
- [therapist confidentiality violations](https://cphins.com/tag/therapist-confidentiality-violations/)
- [therapist duty of confidentiality](https://cphins.com/tag/therapist-duty-of-confidentiality/)
- [Confidentiality of Medical Information Act](https://cphins.com/tag/confidentiality-of-medical-information-act/)
- [covered entity under hipaa](https://cphins.com/tag/covered-entity-under-hipaa/)
- [hipaa enforcement provisions](https://cphins.com/tag/hipaa-enforcement-provisions/)
- [hitech act](https://cphins.com/tag/hitech-act/)
- [avoiding liability for therapists](https://cphins.com/tag/avoiding-liability-for-therapists/)
- [group therapy patient disclosure](https://cphins.com/tag/group-therapy-patient-disclosure/)
- [confidentiality vs. privilege](https://cphins.com/tag/confidentiality-vs-privilege/)
- [mental health patient homicide](https://cphins.com/tag/mental-health-patient-homicide/)
- [mental health patient suicide](https://cphins.com/tag/mental-health-patient-suicide/)
- [child abuse state statutes](https://cphins.com/tag/child-abuse-state-statutes/)
- [dangerous mental health patient situations](https://cphins.com/tag/dangerous-mental-health-patient-situations/)
- [statutory immunity from liability](https://cphins.com/tag/statutory-immunity-from-liability/)
- [mental health patient consent](https://cphins.com/tag/mental-health-patient-consent/)
- [patient's written authorization](https://cphins.com/tag/patients-written-authorization/)
- [confidentiality and hipaa](https://cphins.com/tag/confidentiality-and-hipaa/)
- [psychotherapy notes](https://cphins.com/tag/psychotherapy-notes/)
- [legal vulnerability](https://cphins.com/tag/legal-vulnerability/)
- [signed releases](https://cphins.com/tag/signed-releases/)
- [dangerous patient risks](https://cphins.com/tag/dangerous-patient-risks/)
- [minor treatment records](https://cphins.com/tag/minor-treatment-records/)
- [pregnancy of a minor](https://cphins.com/tag/pregnancy-of-a-minor/)
- [rape therapy practice](https://cphins.com/tag/rape-therapy-practice/)
- [therapist liabilities](https://cphins.com/tag/therapist-liabilities/)
- [couple's counselor practice](https://cphins.com/tag/couples-counselor-practice/)
- [couple's therapy practice](https://cphins.com/tag/couples-therapy-practice/)
- [disclosure statement](https://cphins.com/tag/disclosure-statement/)
- [avoiding liability for mental health processionals](https://cphins.com/tag/avoiding-liability-for-mental-health-processionals/)
- [client drug use and confidentiality](https://cphins.com/tag/client-drug-use-and-confidentiality/)
- [drug abuse counseling](https://cphins.com/tag/drug-abuse-counseling/)
- [drug abuse therapy](https://cphins.com/tag/drug-abuse-therapy/)
- [patient drug use and confidentiality](https://cphins.com/tag/patient-drug-use-and-confidentiality/)
- [psychotherapy risks](https://cphins.com/tag/psychotherapy-risks/)
- [confidentiality and privilege](https://cphins.com/tag/confidentiality-and-privilege/)
- [confidentiality laws](https://cphins.com/tag/confidentiality-laws/)
- [confidentiality of client records](https://cphins.com/tag/confidentiality-of-client-records/)
- [confidentiality of patient records](https://cphins.com/tag/confidentiality-of-patient-records/)
- [patient records and the law](https://cphins.com/tag/patient-records-and-the-law/)
- [search warrant of your counseling practice](https://cphins.com/tag/search-warrant-of-your-counseling-practice/)
- [search warrant of your therapy practice](https://cphins.com/tag/search-warrant-of-your-therapy-practice/)
- [seize client records](https://cphins.com/tag/seize-client-records/)
- [seize patient records](https://cphins.com/tag/seize-patient-records/)
- [state law and patient privilege](https://cphins.com/tag/state-law-and-patient-privilege/)
- [client loyalty](https://cphins.com/tag/client-loyalty/)
- [conflicts in confidentiality](https://cphins.com/tag/conflicts-in-confidentiality/)
- [divorced parent situations](https://cphins.com/tag/divorced-parent-situations/)
- [mental health privileged communications](https://cphins.com/tag/mental-health-privileged-communications/)
- [parent and child counseling](https://cphins.com/tag/parent-and-child-counseling/)
- [parent and child therapy](https://cphins.com/tag/parent-and-child-therapy/)
- [patient loyalty](https://cphins.com/tag/patient-loyalty/)
- [counselor cooperation with law enforcement](https://cphins.com/tag/counselor-cooperation-with-law-enforcement/)
- [death of a patient](https://cphins.com/tag/death-of-a-patient/)
- [investigating the death of your client](https://cphins.com/tag/investigating-the-death-of-your-client/)
- [investigating the death of your patient](https://cphins.com/tag/investigating-the-death-of-your-patient/)
- [mental health patient criminal acts](https://cphins.com/tag/mental-health-patient-criminal-acts/)
- [resist disclosure](https://cphins.com/tag/resist-disclosure/)
- [therapist cooperation with law enforcement](https://cphins.com/tag/therapist-cooperation-with-law-enforcement/)
- [fact of the relationship](https://cphins.com/tag/fact-of-the-relationship/)
- [law and ethics](https://cphins.com/tag/law-and-ethics/)
- [mental health patient communication](https://cphins.com/tag/mental-health-patient-communication/)
- [patient exposure](https://cphins.com/tag/patient-exposure/)
- [patient permission to communicate via phone](https://cphins.com/tag/patient-permission-to-communicate-via-phone/)
- [group counseling](https://cphins.com/tag/group-counseling/)
- [group therapy](https://cphins.com/tag/group-therapy/)
- [proper patient disclosure process](https://cphins.com/tag/proper-patient-disclosure-process/)
- [public policy principles](https://cphins.com/tag/public-policy-principles/)
- [confidentiality of minor patient records](https://cphins.com/tag/confidentiality-of-minor-patient-records/)
- [parental access to treatment records of a minor](https://cphins.com/tag/parental-access-to-treatment-records-of-a-minor/)
- [parental rights to child mental health records](https://cphins.com/tag/parental-rights-to-child-mental-health-records/)
- [releasing client information](https://cphins.com/tag/releasing-client-information/)
- [releasing patient information](https://cphins.com/tag/releasing-patient-information/)
- [mental health reform](https://cphins.com/tag/mental-health-reform/)
- [mental health treatment](https://cphins.com/tag/mental-health-treatment/)
- [when you have to break confidentiality to make a report](https://cphins.com/tag/when-you-have-to-break-confidentiality-to-make-a-report/)
- [patient threatening violence](https://cphins.com/tag/patient-threatening-violence/)
- [confidentiality and a dangerous patient](https://cphins.com/tag/confidentiality-and-a-dangerous-patient/)
- [reporting patient threats](https://cphins.com/tag/reporting-patient-threats/)
- [California immunity statute](https://cphins.com/tag/california-immunity-statute/)
- [safe harbor](https://cphins.com/tag/safe-harbor/)
- [section 43.92 of the civil code](https://cphins.com/tag/section-43-92-of-the-civil-code/)
- [mental health professional termination of client](https://cphins.com/tag/mental-health-professional-termination-of-client/)
- [predicting and preventing suicide](https://cphins.com/tag/predicting-and-preventing-suicide/)
- [suicide](https://cphins.com/tag/suicide/)
- [california psychotherapists](https://cphins.com/tag/california-psychotherapists/)
- [duty of a therapist](https://cphins.com/tag/duty-of-a-therapist/)
- [threats of imminent and serious physical violence](https://cphins.com/tag/threats-of-imminent-and-serious-physical-violence/)
- [board of behavioral science examiners](https://cphins.com/tag/board-of-behavioral-science-examiners/)
- [board of psychology](https://cphins.com/tag/board-of-psychology/)
- [california psychology examining committee](https://cphins.com/tag/california-psychology-examining-committee/)
- [dual relationships](https://cphins.com/tag/dual-relationships/)
- [licensing board ethics](https://cphins.com/tag/licensing-board-ethics/)
- [multiple relationships](https://cphins.com/tag/multiple-relationships/)
- [outlawed deual relationships for licensed psychologists](https://cphins.com/tag/outlawed-deual-relationships-for-licensed-psychologists/)
- [mental health practice fees and collections](https://cphins.com/tag/mental-health-practice-fees-and-collections/)
- [risk management for counselors](https://cphins.com/tag/risk-management-for-counselors/)
- [risk management for therapists](https://cphins.com/tag/risk-management-for-therapists/)
- [california board of behavioral sciences](https://cphins.com/tag/california-board-of-behavioral-sciences/)
- [ethics in mental health practice](https://cphins.com/tag/ethics-in-mental-health-practice/)
- [gross negligence](https://cphins.com/tag/gross-negligence/)
- [incompetence](https://cphins.com/tag/incompetence/)
- ["no secrets" policy](https://cphins.com/tag/no-secrets-policy/)
- [aca code of ethics](https://cphins.com/tag/aca-code-of-ethics/)
- [mental health professionals and self-disclosure](https://cphins.com/tag/mental-health-professionals-and-self-disclosure/)
- [client exposure](https://cphins.com/tag/client-exposure/)
- [conflict of interest](https://cphins.com/tag/conflict-of-interest/)
- [patient records](https://cphins.com/tag/patient-records/)
- [termination](https://cphins.com/tag/termination/)
- [ethics of receiving gifts](https://cphins.com/tag/ethics-of-receiving-gifts/)
- [patient gifts](https://cphins.com/tag/patient-gifts/)
- [apa code of ethics](https://cphins.com/tag/apa-code-of-ethics/)
- [avoiding liability for mental health professoinals](https://cphins.com/tag/avoiding-liability-for-mental-health-professoinals/)
- [mental health ethics committees](https://cphins.com/tag/mental-health-ethics-committees/)
- [patient life events](https://cphins.com/tag/patient-life-events/)
- [therapist-client relationship](https://cphins.com/tag/therapist-client-relationship/)
- [how to report elder abuse](https://cphins.com/tag/how-to-report-elder-abuse/)
- [child abuse vs. elder abuse](https://cphins.com/tag/child-abuse-vs-elder-abuse/)
- [defining dependent adult](https://cphins.com/tag/defining-dependent-adult/)
- [dependent adult abuse reporting](https://cphins.com/tag/dependent-adult-abuse-reporting/)
- [dependent adult vs. elder](https://cphins.com/tag/dependent-adult-vs-elder/)
- [elder vs. dependent adult](https://cphins.com/tag/elder-vs-dependent-adult/)
- [non-compete clauses](https://cphins.com/tag/non-compete-clauses/)
- [non-competition agreements](https://cphins.com/tag/non-competition-agreements/)
- [compliance with the law](https://cphins.com/tag/compliance-with-the-law/)
- [duty to inform the patient of changes to federal regulations](https://cphins.com/tag/duty-to-inform-the-patient-of-changes-to-federal-regulations/)
- [Ethical Standards](https://cphins.com/tag/ethical-standards/)
- [law and ethics in mental health practice](https://cphins.com/tag/law-and-ethics-in-mental-health-practice/)
- [second amendment](https://cphins.com/tag/second-amendment/)
- [hipaa regulations](https://cphins.com/tag/hipaa-regulations/)
- [Mental Health Events Nursing & Allied Health Wellness & Fitness MH Blog visual (before) MH Blog visual (after) Explore second amendment](https://cphins.com/tag/mental-health-events-nursing-allied-health-wellness-fitness-mh-blog-visual-before-mh-blog-visual-after-explore-second-amendment/)
- [acaa](https://cphins.com/tag/acaa/)
- [air carrier access act](https://cphins.com/tag/air-carrier-access-act/)
- [code of ethics](https://cphins.com/tag/code-of-ethics/)
- [comfort animals](https://cphins.com/tag/comfort-animals/)
- [licensing board actions](https://cphins.com/tag/licensing-board-actions/)
- [medically necessary animal](https://cphins.com/tag/medically-necessary-animal/)
- [procedural due process](https://cphins.com/tag/procedural-due-process/)
- [professional ethics](https://cphins.com/tag/professional-ethics/)
- [PTSD](https://cphins.com/tag/ptsd/)
- [therapy dogs](https://cphins.com/tag/therapy-dogs/)
- [malpractice insurance](https://cphins.com/tag/malpractice-insurance/)
- [revocation of license](https://cphins.com/tag/revocation-of-license/)
- [suspension of license](https://cphins.com/tag/suspension-of-license/)
- [vulnerability to investigations and enforcement actions by regulatory boards](https://cphins.com/tag/vulnerability-to-investigations-and-enforcement-actions-by-regulatory-boards/)
- [diverse clients](https://cphins.com/tag/diverse-clients/)
- [ethical standards of the american school counselor association](https://cphins.com/tag/ethical-standards-of-the-american-school-counselor-association/)
- [homosexual client](https://cphins.com/tag/homosexual-client/)
- [homosexuality discrimination](https://cphins.com/tag/homosexuality-discrimination/)
- [religious discrimination](https://cphins.com/tag/religious-discrimination/)
- [school counseling](https://cphins.com/tag/school-counseling/)
- [therapist-patient relationship changes](https://cphins.com/tag/therapist-patient-relationship-changes/)
- [board of behavioral sciences](https://cphins.com/tag/board-of-behavioral-sciences/)
- [interns and state labor laws](https://cphins.com/tag/interns-and-state-labor-laws/)
- [mft supervision](https://cphins.com/tag/mft-supervision/)
- [restriction on payment for supervision when a pre-licensed person is employed in a private practice setting](https://cphins.com/tag/restriction-on-payment-for-supervision-when-a-pre-licensed-person-is-employed-in-a-private-practice-setting/)
- [social work supervision](https://cphins.com/tag/social-work-supervision/)
- [diversity and legal issues](https://cphins.com/tag/diversity-and-legal-issues/)
- [diversity issues in mental health practice](https://cphins.com/tag/diversity-issues-in-mental-health-practice/)
- [gender discrimination](https://cphins.com/tag/gender-discrimination/)
- [avoiding liability bulletin for mental health practice](https://cphins.com/tag/avoiding-liability-bulletin-for-mental-health-practice/)
- [concierge doctor](https://cphins.com/tag/concierge-doctor/)
- [home visits](https://cphins.com/tag/home-visits/)
- [LMFT](https://cphins.com/tag/lmft/)
- [lpc](https://cphins.com/tag/lpc/)
- [suicidal patient](https://cphins.com/tag/suicidal-patient/)
- [hmo](https://cphins.com/tag/hmo/)
- [insurance conflicts](https://cphins.com/tag/insurance-conflicts/)
- [insurance retaliation laws](https://cphins.com/tag/insurance-retaliation-laws/)
- [patient hmo issues](https://cphins.com/tag/patient-hmo-issues/)
- [retaliation](https://cphins.com/tag/retaliation/)
- [bequest from client](https://cphins.com/tag/bequest-from-client/)
- [deceased client](https://cphins.com/tag/deceased-client/)
- [Ethics](https://cphins.com/tag/ethics/)
- [gift left in will from deceased client](https://cphins.com/tag/gift-left-in-will-from-deceased-client/)
- [consent to share patient information](https://cphins.com/tag/consent-to-share-patient-information/)
- [discussing patient information with colleagues](https://cphins.com/tag/discussing-patient-information-with-colleagues/)
- [including patient information in a book](https://cphins.com/tag/including-patient-information-in-a-book/)
- [disclosing personal information to clients](https://cphins.com/tag/disclosing-personal-information-to-clients/)
- [being direct with a client](https://cphins.com/tag/being-direct-with-a-client/)
- [ethics and free speech](https://cphins.com/tag/ethics-and-free-speech/)
- [right to free speech](https://cphins.com/tag/right-to-free-speech/)
- [ethics and confidentiality](https://cphins.com/tag/ethics-and-confidentiality/)
- [state laws and ethical standards](https://cphins.com/tag/state-laws-and-ethical-standards/)
- [elder abuse](https://cphins.com/tag/elder-abuse/)
- [ownership of mental health patient records](https://cphins.com/tag/ownership-of-mental-health-patient-records/)
- [required disclosures](https://cphins.com/tag/required-disclosures/)
- [equal pay for equal work](https://cphins.com/tag/equal-pay-for-equal-work/)
- [payment based on license](https://cphins.com/tag/payment-based-on-license/)
- [payment differentials for licensed mental health practitioners](https://cphins.com/tag/payment-differentials-for-licensed-mental-health-practitioners/)
- [payment for performance](https://cphins.com/tag/payment-for-performance/)
- [charge and collect fees for mental health services](https://cphins.com/tag/charge-and-collect-fees-for-mental-health-services/)
- [mental health](https://cphins.com/tag/mental-health/)
- [raising fees for therapy services](https://cphins.com/tag/raising-fees-for-therapy-services/)
- [raising patient fees](https://cphins.com/tag/raising-patient-fees/)
- [therapist fees and ethics](https://cphins.com/tag/therapist-fees-and-ethics/)
- [charging for cancelled appointments](https://cphins.com/tag/charging-for-cancelled-appointments/)
- [charging for missed appointments](https://cphins.com/tag/charging-for-missed-appointments/)
- [patient does not show up for appointment](https://cphins.com/tag/patient-does-not-show-up-for-appointment/)
- [payment for cancelled sessions](https://cphins.com/tag/payment-for-cancelled-sessions/)
- [payment for missed sessions](https://cphins.com/tag/payment-for-missed-sessions/)
- [charging ahead of time for counseling services](https://cphins.com/tag/charging-ahead-of-time-for-counseling-services/)
- [charging for a fixed number of sessions](https://cphins.com/tag/charging-for-a-fixed-number-of-sessions/)
- [fee arrangements for mental health professionals](https://cphins.com/tag/fee-arrangements-for-mental-health-professionals/)
- [establishing patient rates](https://cphins.com/tag/establishing-patient-rates/)
- [how to charge for therapy services](https://cphins.com/tag/how-to-charge-for-therapy-services/)
- [usual and customary patient fee](https://cphins.com/tag/usual-and-customary-patient-fee/)
- [patient owing therapist money](https://cphins.com/tag/patient-owing-therapist-money/)
- [risks of suing a patient](https://cphins.com/tag/risks-of-suing-a-patient/)
- [suing a patient](https://cphins.com/tag/suing-a-patient/)
- [informing patients about fee changes](https://cphins.com/tag/informing-patients-about-fee-changes/)
- [barter with a patient](https://cphins.com/tag/barter-with-a-patient/)
- [bartering for professional services](https://cphins.com/tag/bartering-for-professional-services/)
- [non-monetary renumeration](https://cphins.com/tag/non-monetary-renumeration/)
- [patient bartering with therapist](https://cphins.com/tag/patient-bartering-with-therapist/)
- [payment other than money for services](https://cphins.com/tag/payment-other-than-money-for-services/)
- [patient demanding records](https://cphins.com/tag/patient-demanding-records/)
- [us department of health and human services](https://cphins.com/tag/us-department-of-health-and-human-services/)
- [congressional hipaa review](https://cphins.com/tag/congressional-hipaa-review/)
- [hipaa and state law](https://cphins.com/tag/hipaa-and-state-law/)
- [hipaa congressional hearings](https://cphins.com/tag/hipaa-congressional-hearings/)
- [office for civil rights](https://cphins.com/tag/office-for-civil-rights/)
- [are sole practitioners covered entities](https://cphins.com/tag/are-sole-practitioners-covered-entities/)
- [hipaa enforcement](https://cphins.com/tag/hipaa-enforcement/)
- [federal regulations for covered providers](https://cphins.com/tag/federal-regulations-for-covered-providers/)
- [HIPAA regulations for sole practitioners](https://cphins.com/tag/hipaa-regulations-for-sole-practitioners/)
- [sole practitioners](https://cphins.com/tag/sole-practitioners/)
- [education records](https://cphins.com/tag/education-records/)
- [family educational rights and privacy act](https://cphins.com/tag/family-educational-rights-and-privacy-act/)
- [ferpa](https://cphins.com/tag/ferpa/)
- [student records](https://cphins.com/tag/student-records/)
- [HIPAA compliance and Security](https://cphins.com/tag/hipaa-compliance-and-security/)
- [HIPAA enforcement rule](https://cphins.com/tag/hipaa-enforcement-rule/)
- [amending treatment records](https://cphins.com/tag/amending-treatment-records/)
- [hipaa regulations for records](https://cphins.com/tag/hipaa-regulations-for-records/)
- [patient right to amend records](https://cphins.com/tag/patient-right-to-amend-records/)
- [psychotherapy records vs. notes](https://cphins.com/tag/psychotherapy-records-vs-notes/)
- [exclusions from psychotherapy notes](https://cphins.com/tag/exclusions-from-psychotherapy-notes/)
- [patient access to psychotherapy notes](https://cphins.com/tag/patient-access-to-psychotherapy-notes/)
- [patient request for notes](https://cphins.com/tag/patient-request-for-notes/)
- [patient access to records](https://cphins.com/tag/patient-access-to-records/)
- [HIPAA regulations for a subpoena](https://cphins.com/tag/hipaa-regulations-for-a-subpoena/)
- [subpoena for patient records](https://cphins.com/tag/subpoena-for-patient-records/)
- [covered provider under HIPAA](https://cphins.com/tag/covered-provider-under-hipaa/)
- [hipaa requirements for mental health professionals](https://cphins.com/tag/hipaa-requirements-for-mental-health-professionals/)
- [parent access to records](https://cphins.com/tag/parent-access-to-records/)
- [immunity statutes for therapists and counselors](https://cphins.com/tag/immunity-statutes-for-therapists-and-counselors/)
- [obligation to inform patient of risks and benefits of treatment](https://cphins.com/tag/obligation-to-inform-patient-of-risks-and-benefits-of-treatment/)
- [hugging your clients](https://cphins.com/tag/hugging-your-clients/)
- [hugging your patients](https://cphins.com/tag/hugging-your-patients/)
- [showing affection as a counselor](https://cphins.com/tag/showing-affection-as-a-counselor/)
- [showing affection as a therapist](https://cphins.com/tag/showing-affection-as-a-therapist/)
- [telemedicine](https://cphins.com/tag/telemedicine/)
- [teletherapy risk management](https://cphins.com/tag/teletherapy-risk-management/)
- [videotaping therapy sessions](https://cphins.com/tag/videotaping-therapy-sessions/)
- [mental health and HIPAA compliance](https://cphins.com/tag/mental-health-and-hipaa-compliance/)
- [consent to medical or other health care](https://cphins.com/tag/consent-to-medical-or-other-health-care/)
- [payment issues when treating a minor](https://cphins.com/tag/payment-issues-when-treating-a-minor/)
- [is it okay to waive copayment](https://cphins.com/tag/is-it-okay-to-waive-copayment/)
- [mental health practitioner insurance fraud](https://cphins.com/tag/mental-health-practitioner-insurance-fraud/)
- [waiving a copayment in advance](https://cphins.com/tag/waiving-a-copayment-in-advance/)
- [mental health patient can't afford copayment](https://cphins.com/tag/mental-health-patient-cant-afford-copayment/)
- [Avoiding Liability](https://cphins.com/tag/avoiding-liability/)
- [individuals practicing together without formal partnership](https://cphins.com/tag/individuals-practicing-together-without-formal-partnership/)
- [partnership liability](https://cphins.com/tag/partnership-liability/)
- [driving under the influence](https://cphins.com/tag/driving-under-the-influence/)
- [how a dui can affect your mental health practice](https://cphins.com/tag/how-a-dui-can-affect-your-mental-health-practice/)
- [licensesure](https://cphins.com/tag/licensesure/)
- [negligent treatment](https://cphins.com/tag/negligent-treatment/)
- [protecting your license](https://cphins.com/tag/protecting-your-license/)
- [risks of hiring interns and associates](https://cphins.com/tag/risks-of-hiring-interns-and-associates/)
- [using good judgement](https://cphins.com/tag/using-good-judgement/)
- [CEUs](https://cphins.com/tag/ceus/)
- [continuing education credits](https://cphins.com/tag/continuing-education-credits/)
- [continuing education for mental health professionals](https://cphins.com/tag/continuing-education-for-mental-health-professionals/)
- [continuing education for therapists](https://cphins.com/tag/continuing-education-for-therapists/)
- [continuing education requirements](https://cphins.com/tag/continuing-education-requirements/)
- [Administrative Law Judge](https://cphins.com/tag/administrative-law-judge/)
- [due process](https://cphins.com/tag/due-process/)
- [insurace reimbursement](https://cphins.com/tag/insurace-reimbursement/)
- [privilege](https://cphins.com/tag/privilege/)
- [psychotherapy](https://cphins.com/tag/psychotherapy/)
- [scope of practice](https://cphins.com/tag/scope-of-practice/)
- [disclaimer to clients](https://cphins.com/tag/disclaimer-to-clients/)
- [disclaimers to patients](https://cphins.com/tag/disclaimers-to-patients/)
- [risk management in mental health practice](https://cphins.com/tag/risk-management-in-mental-health-practice/)
- [mental health practice](https://cphins.com/tag/mental-health-practice/)
- [scope of competence](https://cphins.com/tag/scope-of-competence/)
- [scope of license](https://cphins.com/tag/scope-of-license/)
- [licensing board investigations](https://cphins.com/tag/licensing-board-investigations/)
- [mental health professional licensure](https://cphins.com/tag/mental-health-professional-licensure/)
- [hypnosis](https://cphins.com/tag/hypnosis/)
- [hypnotherapy](https://cphins.com/tag/hypnotherapy/)
- [rape counseling through hypnotherapy](https://cphins.com/tag/rape-counseling-through-hypnotherapy/)
- [legislative and regulatory processes](https://cphins.com/tag/legislative-and-regulatory-processes/)
- [mental health licensing boards](https://cphins.com/tag/mental-health-licensing-boards/)
- [mandatory continuing education](https://cphins.com/tag/mandatory-continuing-education/)
- [state licensing board requirements](https://cphins.com/tag/state-licensing-board-requirements/)
- [psychopharmacology](https://cphins.com/tag/psychopharmacology/)
- [understanding limits to the scope of your licensed practice](https://cphins.com/tag/understanding-limits-to-the-scope-of-your-licensed-practice/)
- [scope of license vs. scope of competence](https://cphins.com/tag/scope-of-license-vs-scope-of-competence/)
- [mental health practice and disciplinary actions](https://cphins.com/tag/mental-health-practice-and-disciplinary-actions/)
- [negligence vs. gross negligence](https://cphins.com/tag/negligence-vs-gross-negligence/)
- [licensing vs. certification](https://cphins.com/tag/licensing-vs-certification/)
- [cite and fine authority](https://cphins.com/tag/cite-and-fine-authority/)
- [mental health license and board complaints](https://cphins.com/tag/mental-health-license-and-board-complaints/)
- [mental health state regulatory boards](https://cphins.com/tag/mental-health-state-regulatory-boards/)
- [Minors and Consensual Sexual Intercourse](https://cphins.com/tag/minors-and-consensual-sexual-intercourse/)
- [reporting sexual intercourse between a minor and an adult](https://cphins.com/tag/reporting-sexual-intercourse-between-a-minor-and-an-adult/)
- [e-therapy](https://cphins.com/tag/e-therapy/)
- [guidelines for telepsychology](https://cphins.com/tag/guidelines-for-telepsychology/)
- [state law and teletherapy](https://cphins.com/tag/state-law-and-teletherapy/)
- [telehealth](https://cphins.com/tag/telehealth/)
- [telepsychology](https://cphins.com/tag/telepsychology/)
- [telepsychotherapy](https://cphins.com/tag/telepsychotherapy/)
- [teletherapy](https://cphins.com/tag/teletherapy/)
- [treating a patient in another state](https://cphins.com/tag/treating-a-patient-in-another-state/)
- [california state law](https://cphins.com/tag/california-state-law/)
- [center for connected health policy](https://cphins.com/tag/center-for-connected-health-policy/)
- [telehealth advancement act](https://cphins.com/tag/telehealth-advancement-act/)
- [telemedicine development act](https://cphins.com/tag/telemedicine-development-act/)
- [verbal consent in telehealth](https://cphins.com/tag/verbal-consent-in-telehealth/)
- [online therapy](https://cphins.com/tag/online-therapy/)
- [treating patients in another state](https://cphins.com/tag/treating-patients-in-another-state/)
- [treating patients online](https://cphins.com/tag/treating-patients-online/)
- [acceptable hours of experience gained online](https://cphins.com/tag/acceptable-hours-of-experience-gained-online/)
- [online continuing education](https://cphins.com/tag/online-continuing-education/)
- [online education](https://cphins.com/tag/online-education/)
- [online masters degree level education](https://cphins.com/tag/online-masters-degree-level-education/)
- [online supervision](https://cphins.com/tag/online-supervision/)
- [hours of experience](https://cphins.com/tag/hours-of-experience/)
- [hours toward license](https://cphins.com/tag/hours-toward-license/)
- [internet therapy](https://cphins.com/tag/internet-therapy/)
- [psychotherapy over the internet](https://cphins.com/tag/psychotherapy-over-the-internet/)
- [state law and required hours of experience](https://cphins.com/tag/state-law-and-required-hours-of-experience/)
- [informed consent in teletherapy](https://cphins.com/tag/informed-consent-in-teletherapy/)
- [telemedicine regulations](https://cphins.com/tag/telemedicine-regulations/)
- [telephone counseling](https://cphins.com/tag/telephone-counseling/)
- [keeping patients informed](https://cphins.com/tag/keeping-patients-informed/)
- [providing disclosure to patients](https://cphins.com/tag/providing-disclosure-to-patients/)
- [therapy disclosure before treatment](https://cphins.com/tag/therapy-disclosure-before-treatment/)
- [hipaa compliance online](https://cphins.com/tag/hipaa-compliance-online/)
- [hipaa regulations for online therapy](https://cphins.com/tag/hipaa-regulations-for-online-therapy/)
- [notice of privacy practices](https://cphins.com/tag/notice-of-privacy-practices/)
- [coverage for online therapists](https://cphins.com/tag/coverage-for-online-therapists/)
- [coverage for teletherapy](https://cphins.com/tag/coverage-for-teletherapy/)
- [professional liability insurance for online therapy](https://cphins.com/tag/professional-liability-insurance-for-online-therapy/)
- [professional liability insurance for teletherapy](https://cphins.com/tag/professional-liability-insurance-for-teletherapy/)
- [defining holder of patient privilege](https://cphins.com/tag/defining-holder-of-patient-privilege/)
- [joint holders of privilege](https://cphins.com/tag/joint-holders-of-privilege/)
- [joint patient privilege](https://cphins.com/tag/joint-patient-privilege/)
- [joint psychotherapist-patient privilege](https://cphins.com/tag/joint-psychotherapist-patient-privilege/)
- [exceptions to patient privilege](https://cphins.com/tag/exceptions-to-patient-privilege/)
- [patient privilege in a court of law](https://cphins.com/tag/patient-privilege-in-a-court-of-law/)
- [couples therapy](https://cphins.com/tag/couples-therapy/)
- [holder of the privilege when treating a couple](https://cphins.com/tag/holder-of-the-privilege-when-treating-a-couple/)
- [importance of the psychotherapist-patient privilege](https://cphins.com/tag/importance-of-the-psychotherapist-patient-privilege/)
- [psychotherapist-patient privilege for a dead patient](https://cphins.com/tag/psychotherapist-patient-privilege-for-a-dead-patient/)
- [sudden death of a patient](https://cphins.com/tag/sudden-death-of-a-patient/)
- [group therapy communication protection](https://cphins.com/tag/group-therapy-communication-protection/)
- [group therapy information protection](https://cphins.com/tag/group-therapy-information-protection/)
- [holder of the privilege in group therapy](https://cphins.com/tag/holder-of-the-privilege-in-group-therapy/)
- [lawsuit claiming mental and emotional distress](https://cphins.com/tag/lawsuit-claiming-mental-and-emotional-distress/)
- [patient privilege](https://cphins.com/tag/patient-privilege/)
- [patient privilege waived](https://cphins.com/tag/patient-privilege-waived/)
- [counselor](https://cphins.com/tag/counselor/)
- [patient waives therapist privilege](https://cphins.com/tag/patient-waives-therapist-privilege/)
- [therapist privilege](https://cphins.com/tag/therapist-privilege/)
- [treating a minor](https://cphins.com/tag/treating-a-minor/)
- [privilege vs confidentiality for therapists](https://cphins.com/tag/privilege-vs-confidentiality-for-therapists/)
- [privilege with civil proceedings](https://cphins.com/tag/privilege-with-civil-proceedings/)
- [privilege with criminal proceedings](https://cphins.com/tag/privilege-with-criminal-proceedings/)
- [psychotherapist-patient privilege for children](https://cphins.com/tag/psychotherapist-patient-privilege-for-children/)
- [psychotherapist-patient privilege when a patient dies](https://cphins.com/tag/psychotherapist-patient-privilege-when-a-patient-dies/)
- [forming a partnership as a mental health professional](https://cphins.com/tag/forming-a-partnership-as-a-mental-health-professional/)
- [partnerships of different licensures](https://cphins.com/tag/partnerships-of-different-licensures/)
- [licensed marriage and family therapists and physicians](https://cphins.com/tag/licensed-marriage-and-family-therapists-and-physicians/)
- [Marriage & Family Therapy](https://cphins.com/tag/marriage-family-therapy/)
- [professional corporations for mental health professionals](https://cphins.com/tag/professional-corporations-for-mental-health-professionals/)
- [providing medical services to therapy clients](https://cphins.com/tag/providing-medical-services-to-therapy-clients/)
- [corporate liability](https://cphins.com/tag/corporate-liability/)
- [amount of detail to include in treatment records](https://cphins.com/tag/amount-of-detail-to-include-in-treatment-records/)
- [determining patient record content](https://cphins.com/tag/determining-patient-record-content/)
- [good record keeping habits](https://cphins.com/tag/good-record-keeping-habits/)
- [Altering records after receipt of a subpoena](https://cphins.com/tag/altering-records-after-receipt-of-a-subpoena/)
- [correcting mistakes in patient records](https://cphins.com/tag/correcting-mistakes-in-patient-records/)
- [correcting vs. altering records](https://cphins.com/tag/correcting-vs-altering-records/)
- [mistakes made in treatment records](https://cphins.com/tag/mistakes-made-in-treatment-records/)
- [patient summary vs record](https://cphins.com/tag/patient-summary-vs-record/)
- [providing a summary of treatment records](https://cphins.com/tag/providing-a-summary-of-treatment-records/)
- [when to provide a summary of treatment instead of releasing records](https://cphins.com/tag/when-to-provide-a-summary-of-treatment-instead-of-releasing-records/)
- [allowing parent to access child's records](https://cphins.com/tag/allowing-parent-to-access-childs-records/)
- [parent requesting access to child's records](https://cphins.com/tag/parent-requesting-access-to-childs-records/)
- [parental access to treatment records of minor](https://cphins.com/tag/parental-access-to-treatment-records-of-minor/)
- [how to keep good patient records](https://cphins.com/tag/how-to-keep-good-patient-records/)
- [making changes to records before a subpoena](https://cphins.com/tag/making-changes-to-records-before-a-subpoena/)
- [principles for changing patient records](https://cphins.com/tag/principles-for-changing-patient-records/)
- [therapist deposition](https://cphins.com/tag/therapist-deposition/)
- [destroying treatment records](https://cphins.com/tag/destroying-treatment-records/)
- [how long should I keep patient treatment records before destroying them](https://cphins.com/tag/how-long-should-i-keep-patient-treatment-records-before-destroying-them/)
- [patient request to destroy records](https://cphins.com/tag/patient-request-to-destroy-records/)
- [Patient Request for Records](https://cphins.com/tag/patient-request-for-records/)
- [removal of patient records from file](https://cphins.com/tag/removal-of-patient-records-from-file/)
- [when to deny patient access to records](https://cphins.com/tag/when-to-deny-patient-access-to-records/)
- [noncustodial parent access to records](https://cphins.com/tag/noncustodial-parent-access-to-records/)
- [how long to keep records for a minor](https://cphins.com/tag/how-long-to-keep-records-for-a-minor/)
- [patient treatment records](https://cphins.com/tag/patient-treatment-records/)
- [should patient treatment records be kept indefinitely](https://cphins.com/tag/should-patient-treatment-records-be-kept-indefinitely/)
- [reconstructing medical treatment records](https://cphins.com/tag/reconstructing-medical-treatment-records/)
- [treatment records destroyed by natural disaster](https://cphins.com/tag/treatment-records-destroyed-by-natural-disaster/)
- [what to do when treatment records are destroyed](https://cphins.com/tag/what-to-do-when-treatment-records-are-destroyed/)
- [what to do when treatment records are lost](https://cphins.com/tag/what-to-do-when-treatment-records-are-lost/)
- [what to do when treatment records are stolen](https://cphins.com/tag/what-to-do-when-treatment-records-are-stolen/)
- [mental health patient treatment records](https://cphins.com/tag/mental-health-patient-treatment-records/)
- [obtaining records from previous practicioners](https://cphins.com/tag/obtaining-records-from-previous-practicioners/)
- [prior treatment records](https://cphins.com/tag/prior-treatment-records/)
- [mental health shared treatment records](https://cphins.com/tag/mental-health-shared-treatment-records/)
- [transitions of care for mental health patients](https://cphins.com/tag/transitions-of-care-for-mental-health-patients/)
- [medical authorization forms](https://cphins.com/tag/medical-authorization-forms/)
- [releases and waivers](https://cphins.com/tag/releases-and-waivers/)
- [counselor blogging](https://cphins.com/tag/counselor-blogging/)
- [exploitation of a client's story](https://cphins.com/tag/exploitation-of-a-clients-story/)
- [exploitation of a patient's story](https://cphins.com/tag/exploitation-of-a-patients-story/)
- [therapist blogging](https://cphins.com/tag/therapist-blogging/)
- [mental health elder abuse](https://cphins.com/tag/mental-health-elder-abuse/)
- [mental health informed consent](https://cphins.com/tag/mental-health-informed-consent/)
- [mental health professional termination of patient](https://cphins.com/tag/mental-health-professional-termination-of-patient/)
- [mental health professionals and ownership of records](https://cphins.com/tag/mental-health-professionals-and-ownership-of-records/)
- [mental health state regulations and referrals](https://cphins.com/tag/mental-health-state-regulations-and-referrals/)
- [complimentary therapy sessions](https://cphins.com/tag/complimentary-therapy-sessions/)
- [mental health resolutions](https://cphins.com/tag/mental-health-resolutions/)
- [mental health termination of therapy](https://cphins.com/tag/mental-health-termination-of-therapy/)
- [termination of patient and therapist relationship](https://cphins.com/tag/termination-of-patient-and-therapist-relationship/)
- [ethical duty to terminate](https://cphins.com/tag/ethical-duty-to-terminate/)
- [issue of patient termination](https://cphins.com/tag/issue-of-patient-termination/)
- [mental health professional duty to patient](https://cphins.com/tag/mental-health-professional-duty-to-patient/)
- [mental health professional termination of treatment](https://cphins.com/tag/mental-health-professional-termination-of-treatment/)
- [patient needs a different level or kind of care](https://cphins.com/tag/patient-needs-a-different-level-or-kind-of-care/)
- [patient not sufficiently benefiting from the treatment](https://cphins.com/tag/patient-not-sufficiently-benefiting-from-the-treatment/)
- [patient termination referral](https://cphins.com/tag/patient-termination-referral/)
- [termination of treatment process](https://cphins.com/tag/termination-of-treatment-process/)
- [therapist patient risk](https://cphins.com/tag/therapist-patient-risk/)
- [therapist-client relationship changes](https://cphins.com/tag/therapist-client-relationship-changes/)
- [maintaining patients upon employment transition](https://cphins.com/tag/maintaining-patients-upon-employment-transition/)
- [mental health patient ownership upon termination of employment](https://cphins.com/tag/mental-health-patient-ownership-upon-termination-of-employment/)
- [mental health professional termination of employment](https://cphins.com/tag/mental-health-professional-termination-of-employment/)
- [Termination of an employment relationship](https://cphins.com/tag/termination-of-an-employment-relationship/)
- [transition of practice and patients](https://cphins.com/tag/transition-of-practice-and-patients/)
- [honesty and ethics in mental health practice](https://cphins.com/tag/honesty-and-ethics-in-mental-health-practice/)
- [malpractice testimony](https://cphins.com/tag/malpractice-testimony/)
- [compliance with FTC](https://cphins.com/tag/compliance-with-ftc/)
- [compliance with the FTC Rule](https://cphins.com/tag/compliance-with-the-ftc-rule/)
- [Fair and Accurate Transactions Act](https://cphins.com/tag/fair-and-accurate-transactions-act/)
- [owners of a counseling practice](https://cphins.com/tag/owners-of-a-counseling-practice/)
- [owners of a therapy practice](https://cphins.com/tag/owners-of-a-therapy-practice/)
- [accompanying a phobic patient or client](https://cphins.com/tag/accompanying-a-phobic-patient-or-client/)
- [appropriate procedure code](https://cphins.com/tag/appropriate-procedure-code/)
- [practicing therapy outside of the office](https://cphins.com/tag/practicing-therapy-outside-of-the-office/)
- [treatment away from office](https://cphins.com/tag/treatment-away-from-office/)
- [child consent](https://cphins.com/tag/child-consent/)
- [lawsuit on behalf of the minor](https://cphins.com/tag/lawsuit-on-behalf-of-the-minor/)
- [marital disputes and child health care](https://cphins.com/tag/marital-disputes-and-child-health-care/)
- [treating children](https://cphins.com/tag/treating-children/)
- [CACREP](https://cphins.com/tag/cacrep/)
- [concordia university chicago counseling program](https://cphins.com/tag/concordia-university-chicago-counseling-program/)
- [graduation from accredited program](https://cphins.com/tag/graduation-from-accredited-program/)
- [child patient mental health records](https://cphins.com/tag/child-patient-mental-health-records/)
- [making custody recommendations](https://cphins.com/tag/making-custody-recommendations/)
- [therapist custody evaluation](https://cphins.com/tag/therapist-custody-evaluation/)
- [therapist custody recommendations](https://cphins.com/tag/therapist-custody-recommendations/)
- [nursing malpractice](https://cphins.com/tag/nursing-malpractice/)
- [ohio appellate court](https://cphins.com/tag/ohio-appellate-court/)
- [at-will employment](https://cphins.com/tag/at-will-employment/)
- [discrimination in the workplace](https://cphins.com/tag/discrimination-in-the-workplace/)
- [working when ill](https://cphins.com/tag/working-when-ill/)
- [nursing observations](https://cphins.com/tag/nursing-observations/)
- [objective observations](https://cphins.com/tag/objective-observations/)
- [subjective observations](https://cphins.com/tag/subjective-observations/)
- [breach of the duty owed to the patient](https://cphins.com/tag/breach-of-the-duty-owed-to-the-patient/)
- [duty owed to the patient](https://cphins.com/tag/duty-owed-to-the-patient/)
- [patient suffers injury](https://cphins.com/tag/patient-suffers-injury/)
- [patient suffers injury due to breach of duty](https://cphins.com/tag/patient-suffers-injury-due-to-breach-of-duty/)
- [student nurse](https://cphins.com/tag/student-nurse/)
- [student nurses](https://cphins.com/tag/student-nurses/)
- [ADA compliant](https://cphins.com/tag/ada-compliant/)
- [disability friendly](https://cphins.com/tag/disability-friendly/)
- [universal designs](https://cphins.com/tag/universal-designs/)
- [director of nursing](https://cphins.com/tag/director-of-nursing/)
- [good faith immunity](https://cphins.com/tag/good-faith-immunity/)
- [limited nursing staff](https://cphins.com/tag/limited-nursing-staff/)
- [nursing standard of care compliance](https://cphins.com/tag/nursing-standard-of-care-compliance/)
- [Patient advocacy](https://cphins.com/tag/patient-advocacy/)
- [shortage of nursing staff](https://cphins.com/tag/shortage-of-nursing-staff/)
- [Whistleblower protection](https://cphins.com/tag/whistleblower-protection/)
- [nurse management](https://cphins.com/tag/nurse-management/)
- [nurse supervisor](https://cphins.com/tag/nurse-supervisor/)
- [nursing risk management](https://cphins.com/tag/nursing-risk-management/)
- [respect in the workplace](https://cphins.com/tag/respect-in-the-workplace/)
- [Nurse malpractice](https://cphins.com/tag/nurse-malpractice/)
- [nurse manager risks](https://cphins.com/tag/nurse-manager-risks/)
- [multistate nursing license](https://cphins.com/tag/multistate-nursing-license/)
- [Nurse Licensure Compact](https://cphins.com/tag/nurse-licensure-compact/)
- [nursing license](https://cphins.com/tag/nursing-license/)
- [failure to meet the basic safety needs of a patient](https://cphins.com/tag/failure-to-meet-the-basic-safety-needs-of-a-patient/)
- [infection control](https://cphins.com/tag/infection-control/)
- [loss of consortium](https://cphins.com/tag/loss-of-consortium/)
- [negligence suit](https://cphins.com/tag/negligence-suit/)
- [nursing professional liability](https://cphins.com/tag/nursing-professional-liability/)
- [ada compliance](https://cphins.com/tag/ada-compliance/)
- [interpreter services](https://cphins.com/tag/interpreter-services/)
- [Just Culture Model](https://cphins.com/tag/just-culture-model/)
- [nurse placed on probation](https://cphins.com/tag/nurse-placed-on-probation/)
- [reprimand by the Board of Nursing](https://cphins.com/tag/reprimand-by-the-board-of-nursing/)
- [Samuel’s Law](https://cphins.com/tag/samuels-law/)
- [Senate Bill 371](https://cphins.com/tag/senate-bill-371/)
- [South Carolina Board of Nursing](https://cphins.com/tag/south-carolina-board-of-nursing/)
- [The American Association of Nurse Attorneys](https://cphins.com/tag/the-american-association-of-nurse-attorneys/)
- [8th Amendment to the Constitution](https://cphins.com/tag/8th-amendment-to-the-constitution/)
- [civil rights action](https://cphins.com/tag/civil-rights-action/)
- [delay in administering medication](https://cphins.com/tag/delay-in-administering-medication/)
- [Section 1983 of the Civil Rights Act of 1871](https://cphins.com/tag/section-1983-of-the-civil-rights-act-of-1871/)
- [treating a criminal](https://cphins.com/tag/treating-a-criminal/)
- [Corporate Theory of liability](https://cphins.com/tag/corporate-theory-of-liability/)
- [Nurse Agency Licensing Act](https://cphins.com/tag/nurse-agency-licensing-act/)
- [nurse negligence and malpractice](https://cphins.com/tag/nurse-negligence-and-malpractice/)
- [nurse professional negligence](https://cphins.com/tag/nurse-professional-negligence/)
- [nurse expert's opinion](https://cphins.com/tag/nurse-experts-opinion/)
- [nursing standard of care breach](https://cphins.com/tag/nursing-standard-of-care-breach/)
- [dangerous patients](https://cphins.com/tag/dangerous-patients/)
- [high risk patients](https://cphins.com/tag/high-risk-patients/)
- [Nursing Excellence Award](https://cphins.com/tag/nursing-excellence-award/)
- [problem patients](https://cphins.com/tag/problem-patients/)
- [state nurses association](https://cphins.com/tag/state-nurses-association/)
- [professional liability for nursing professionals](https://cphins.com/tag/professional-liability-for-nursing-professionals/)
- [professional malpractice](https://cphins.com/tag/professional-malpractice/)
- [simple negligence](https://cphins.com/tag/simple-negligence/)
- [medical malpractice suit](https://cphins.com/tag/medical-malpractice-suit/)
- [Administratix of estate](https://cphins.com/tag/administratix-of-estate/)
- [CNA malpractice](https://cphins.com/tag/cna-malpractice/)
- [compensatory and punitive damage](https://cphins.com/tag/compensatory-and-punitive-damage/)
- [medical malpractice](https://cphins.com/tag/medical-malpractice/)
- [fall prevention](https://cphins.com/tag/fall-prevention/)
- [patient falls](https://cphins.com/tag/patient-falls/)
- [Against Medical Advice](https://cphins.com/tag/against-medical-advice/)
- [breach of confidentiality concern](https://cphins.com/tag/breach-of-confidentiality-concern/)
- [child abuse or neglect](https://cphins.com/tag/child-abuse-or-neglect/)
- [fear of a lawsuit](https://cphins.com/tag/fear-of-a-lawsuit/)
- [insecurity about the observations and conclusions made about abuse or neglect](https://cphins.com/tag/insecurity-about-the-observations-and-conclusions-made-about-abuse-or-neglect/)
- [mandatory nursing obligations](https://cphins.com/tag/mandatory-nursing-obligations/)
- [nursing duty to report](https://cphins.com/tag/nursing-duty-to-report/)
- [privacy of the patient and family](https://cphins.com/tag/privacy-of-the-patient-and-family/)
- [state agency that protects children from abuse or neglect](https://cphins.com/tag/state-agency-that-protects-children-from-abuse-or-neglect/)
- [abuse allegations in nursing practice](https://cphins.com/tag/abuse-allegations-in-nursing-practice/)
- [assault allegations in nursing practice](https://cphins.com/tag/assault-allegations-in-nursing-practice/)
- [battery allegations in nursing practice](https://cphins.com/tag/battery-allegations-in-nursing-practice/)
- [neglect and abuse of a patient](https://cphins.com/tag/neglect-and-abuse-of-a-patient/)
- [nursing negligence allegations](https://cphins.com/tag/nursing-negligence-allegations/)
- [acceptable standards of practice](https://cphins.com/tag/acceptable-standards-of-practice/)
- [unethical conduct when providing nursing care](https://cphins.com/tag/unethical-conduct-when-providing-nursing-care/)
- [unethical nursing conduct](https://cphins.com/tag/unethical-nursing-conduct/)
- [unprofessional nursing conduct](https://cphins.com/tag/unprofessional-nursing-conduct/)
- [cell phone at work](https://cphins.com/tag/cell-phone-at-work/)
- [nursing poor judgement](https://cphins.com/tag/nursing-poor-judgement/)
- [social media and work](https://cphins.com/tag/social-media-and-work/)
- [willful misconduct](https://cphins.com/tag/willful-misconduct/)
- [ANA Code of Ethics](https://cphins.com/tag/ana-code-of-ethics/)
- [ethical approaches in nursing practice](https://cphins.com/tag/ethical-approaches-in-nursing-practice/)
- [Gallup’s 2014 poll](https://cphins.com/tag/gallups-2014-poll/)
- [promoting preventative care](https://cphins.com/tag/promoting-preventative-care/)
- [wearable technology for vital signs](https://cphins.com/tag/wearable-technology-for-vital-signs/)
- [conscious disregard of the risk of harm](https://cphins.com/tag/conscious-disregard-of-the-risk-of-harm/)
- [cruel and unusual punishment](https://cphins.com/tag/cruel-and-unusual-punishment/)
- [deliberate indifference](https://cphins.com/tag/deliberate-indifference/)
- [excessive risk of harm to the inmate](https://cphins.com/tag/excessive-risk-of-harm-to-the-inmate/)
- [knowledge by prison officials of the risk of harm](https://cphins.com/tag/knowledge-by-prison-officials-of-the-risk-of-harm/)
- [violation of the 8th Amendment](https://cphins.com/tag/violation-of-the-8th-amendment/)

## FAQ Categories

- [Malpractice Insurance Coverage](https://cphins.com/ufaq-category/malpractice-insurance-coverage/)
- [Applying for and Renewing Coverage](https://cphins.com/ufaq-category/applying-for-and-renewing-coverage/)
- [Claims and Risk Management](https://cphins.com/ufaq-category/claims-and-risk-management/)
- [Making Policy Changes](https://cphins.com/ufaq-category/making-policy-changes/)
- [Website Troubleshooting](https://cphins.com/ufaq-category/website-troubleshooting/)
- [General Questions](https://cphins.com/ufaq-category/general-questions/)
- [Policy Details](https://cphins.com/ufaq-category/policy-details/)
- [Applying for Event Coverage](https://cphins.com/ufaq-category/applying-for-coverage/)