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Conversations with the CAMFT Attorneys: How to Legally Breach Confidentiality and Not Regret It (1.5 CEs)

Description



Confidentiality is a cornerstone of therapeutic treatment. It gives patients the comfort and trust they need to be honest with their clinician. However, there are circumstances that either compel or allow for therapists to breach patient confidentiality under both California laws and HIPAA. In this workshop, the CAMFT Staff Attorneys discuss various situations where a therapist is required or permitted to disclose patient clinical information, including coroner and county public requests; subpoenas/court orders; dangerous patients; clinical consultations; and managed care audits.

By the end of this program, participants will be able to:

1) Identify two situations in which a therapist must disclose confidential patient information without a patient’s authorization.
2) Describe how a therapist may disclose confidential patient information under California Civil Code 56.10(c)(19).
3) Explain when it is permissible to disclose confidential patient information to another healthcare provider under California Civil Code 56.10(c)(1).
4) Describe the minimum necessary standard when responding to managed care records requests.

Contributors

  • Ann Tran-Lien, JD, CAMFT Staff Attorney

    Ann Tran-Lien joined CAMFT as a Staff Attorney in June of 2008 and has been the Managing Director of Legal Affairs since June of 2014. Ann received her B.A. in Psychology and Political Science from San Diego State University and her J.D. from the University of California, Davis School of Law (King Hall). Ann obtained litigation experience at a civil litigation law firm before joining CAMFT, practicing primarily in the areas of personal injury, business, contracts, and family law. Ann provides guidance to members regarding their legal, ethical, and business matters, and regularly contributes to The Therapist magazine. Ann also provides law and ethics webinars and presentations to schools and agencies.

  • Luke Martin, Esq., CAMFT Staff Attorney

    Luke Martin began as a Staff Attorney at CAMFT in April of 2019. He has completed his Bachelor's degree in English and Political Science, Master of Business Administration, and Juris Doctorate Degree specializing in Child, Family, and Elder law. Prior to coming to CAMFT, Luke served as general counsel for several businesses with annual revenues totaling well over $8 million. He has also been recognized by the State Bar of California for his pro-bono legal service to domestic violence victims. In addition to his work at CAMFT, Luke also serves on multiple boards and as a lecturer for several universities.

  • Kristin W. Roscoe, Esq., CAMFT Staff Attorney

    Kristin W. Roscoe takes CAMFT member phone calls regarding law and ethics issues and contributes articles on those subjects to CAMFT's publication, the Therapist. Prior to joining CAMFT’s legal team in 2019, Kristin represented healthcare professionals and hospitals in medical malpractice litigation at La Follette, Johnson, DeHaas, Fesler & Ames. Since entering the legal profession, Kristin has worked in various capacities presenting to and advocating on behalf of her clients both in and outside of the courtroom. Kristin received her B.A. from The College of Wooster in 2006 and graduated from The American University Washington College of Law with her J.D. in 2012.

  • Alain Montgomery, JD

    Alain Lance Montgomery, Esq., is a member of the State Bar of California. Alain received a Bachelor of Arts degree in Political Science from the University of California at Berkeley and a Juris Doctor degree from Thomas Jefferson School of Law. Prior to joining the CAMFT legal department, Alain worked in public interest law as a legal advisor for the Superior Court of California where he helped self-represented parties navigate the complexities of small claims litigation.
    As a member of the CAMFT legal department, Alain has served as part of the support staff for the CAMFT Ethics Committee and has represented the Association at various state regulatory board meetings. After graduating from college and before attending law school, Alain worked as a ski instructor at Mammoth Mountain Ski Resort.

May 7, 2021
Fri 9:00 AM PDT

Duration 1H 30M

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