Clinical notes, records, and subpoenas - ethical and legal issues

Tracks
Track 10
Sunday, May 17, 2020
10:30 AM - 12:30 PM

Presenter(s)

Agenda Item Image
Dr Philip Watts
Master's Applied Psychology, Phd
Mindstate Psychology

Clinical notes, records, and subpoenas - ethical and legal issues

10:30 AM - 2:30 PM

Assumed knowledge of attendee

Beginner (casual familiarity with topic area e.g., treated one case)

Level of learning

Introductory

Outline

This workshop is designed to highlight the importance of some of the ethical and practical obligations associated with good psychological practice for clinicians. Beginning with fiduciary duty and legal responsibility, this workshop overviews why notes are important protection against legal and professional threats. The threats to be managed include possible subpoena to court, sued for negligence, or audit by AHPRA. However, the creation of notes can have various issues such as storage, destruction, and electronic conversion of the notes. Notes also include more formal materials such as letters and reports. These documents can create other professional issues.

To know whether you are going to benefit from this workshop, ask yourself the following questions: - What is your fiduciary responsibility? Can you be sued for giving advice at a party? Do you know your responsibilities for creating and maintaining records? How about the National Privacy Principles and when notes can be released? How long do records have to be kept for children? How much detail is necessary in the notes you write? If you are subpoenaed can you send a copy of your notes or do you have to send the original to Court? These and many more interesting points which are essential knowledge points for all psychologists are addressed. Dr Phil Watts has extensive experience in working in the areas of clinical and forensic psychology but also has a particular interest in applied ethical practice. This workshop will be practical, useful, and understandable, despite the complex legal issues being discussed.

Learning outcomes

At the conclusion of this workshop, participants should be able to:
• Understanding fiduciary duty, negligence, and legal responsibility
• Learn what type of notes to take
• Review professional responsibility for storage of notes and records
• Consider the ethical protection and release of notes
• Know how to deal with subpoenas and other investigations

Biography

Dr Phil Watts has 30 years experience as a clinical and forensic psychologist. He presents nationally and internationally. He is the author of 7 books. Dr Phil is well known for his dynamic presentations on the legal and ethical interface.
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