Prudent Practice

Contents

A Cautionary Note

Preface

Acknowledgments

Introduction

Chapter 1: Setting the Stage

• Increased Vulnerability to Malpractice Suits
• Professional Liability Risks
• Understanding and Accessing Laws and Regulations
• Before Establishing a Professional Relationship

Chapter 2: Primary Principles of Malpractice Prevention

• Understanding Privacy, Confidentiality, and Privileged Communication
• Developing Practice Policies and Procedures for Dissemination to Clients
• Developing Documentation and Record-Keeping Systems

Chapter 3: Beginning Service

• Client Screening
• Informed Consent
• Assessment and Diagnosis
• Service Planning
• Beginning Service

Chapter 4: Ongoing Service

• Improper Service
• Boundary Violations and Dual Relationships
• Fraudulent Billing Practices
• Ongoing Service

Chapter 5: Ending Service

• Termination without Client Consent
• Termination against Practitioner Advice
• Mutually Planned Termination
• Referral and Transfer
• Follow-up
• Ending Service

Chapter 6: Life-Endangering Crises

• Potential Danger to Others
• Suicide
• Child Maltreatment
• Adult Maltreatment

Chapter 7: Vicarious Liability

• Supervision
• Consultation
• Teaching and Training
• Referrals
• Board Membership
• Administration
• Impaired Colleagues
• Affiliations
• Avoiding Vicarious Liability

Chapter 8: Looking Forward and Being Prepared

• Obtaining Continuing Education, Supervision, and Consultation
• Obtaining Malpractice Liability Protection
• Responding to Allegations
• Anticipating Trends

Conclusion

Appendix A: NASW Code of Ethics

• Overview
• Preamble
• Purpose of the NASW Code of Ethics
• Ethical Principles
• Ethical Standards

Appendix B: Understanding and Accessing the Law

• Laws
• Regulations
• Court Opinions
• Secondary Legal Sources
• Researching a Legal Issue

Appendix C: Sample Fact Sheets and Forms

• Sample Fact Sheet: How We Will Work Together
• Sample Fact Sheet: About This Setting and My Background
• Sample Fact Sheet: Appointments
• Sample Fact Sheet: The Special Nature of the Service Relationship
• Sample Fact Sheet: Ending the Service Relationship
• Sample Form: Client Rights
• Sample Form: How to File a Complaint in This Setting
• Sample Form: Confidentiality Agreement and Notice to Employees/Volunteers
• Sample Form: Request for Interpretive Chart Review
• Sample Form: Consent to Professional Use of Clinical Record Data and Audio­Visual Recordings of Service
• Sample Form: Informed Consent to Participate in Evaluation Studies
• Sample Form: Informed Consent to Participate in Research
• Sample Form: Release of Confidential Information
• Sample Form: Release of Confidential Information to a Third-Party Payer
• Sample Form: Release of Confidential Information from a School
• Sample Form: Working Agreement for Individuals
• Sample Form: Working Agreement for Couples or Families
• Sample Form: Working Agreement for Parents When a Child Is the Primary Client
• Sample Form: Working Agreement for Groups
• Sample Form: Custody Evaluation Policy and Agreement
• Sample Form: Consent to Service Plan and Service Contract for Individuals
• Sample Form: Consent to Service Plan and Service Contract for Couples and Families
• Sample Form: Consent to Service Plan and Service Contract for Groups
• Sample Form: Fee Policy and Agreement
• Sample Form: Missed Appointment Notices
• Sample Form: Delinquent Account Notices
• Sample Form: Posttermination Follow-up
• Sample Form: Referral Acknowledgment and Request
• Sample Form: Termination Sample Form: Communication with a Managed Care Company

Index

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