Articles by CAMFT Attorneys
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Articles by Legal Department Staff

The Legal Department articles are not intended to serve as legal advice and are offered for educational purposes only. The information provided should not be used as a substitute for independent legal advice and it is not intended to address every situation that could potentially arise. Please be aware that laws, regulations and technical standards change over time. As a result, it is important to verify and update any reference or information that is provided in the article.

 

In this article Ann Tran-Lien, JD., provides a general overview of the two Final Rules issued by the Office of the National Coordinator for Health Information Technology (ONC) and the Centers for Medicare & Medicaid Services (CMS) as the next phase of the 21st Century Cares Act.

CAMFT Staff Attorney Bradley J.  Muldrow, JD, provides an overview of a new regulation that limits the BBS’s ability to deny associate applications based on criminal convictions and formal disciplinary actions from other  licensing boards.

There are many complexities surrounding the consent laws for the treatment of minors. CAMFT Staff Attorney Luke Martin, MBA, JD, reviews the relevant legal terminology with examples, paying special attention to who is eligible to consent for a minor’s therapeutic services, while keeping the clinical perspective in mind.

In this article, Luke Martin, Staff Attorney discusses the implications of video and/or audio recording a client’s session. The article highlights specifically the “two-party consent” rule as well as its application to clinicians.

As so many continue to work remotely during the pandemic, CAMFT’s Sara Jasper, JD, addresses the legal and ethical considerations for psychotherapists who are working from home.

CAMFT Staff Attorney Sara Jasper, JD, explains the recent revisions to the laws that govern independent contractor relationships in California, and how those laws impact MFTs.

In this article, Bradley J. Muldrow, JD discusses eight important reasons therapists should consider joining consultation groups.

As technology has evolved, the law has remained somewhat stagnant on the subject of minor sexting. The Child Abuse and Neglect Reporting Act must be interpreted with this modern problem and therapists must figure out when a mandatory report is needed. This article will review various situations and illustrate how a minor change will impact the responsibilities of the therapist.

 

In these physically-distant times, therapists and patients alike are seeking alternative ways of connecting with patients beyond telehealth. In this article, CAMFT Staff Attorney Kristin W. Roscoe, J.D. guides MFTs through the legal and ethical issues that arise when conducting walk and talk therapy.

This article discusses the changes to the Code of Ethics, focusing on substantive revisions to sections 5-8 of the Code. It is the second of a three-part series in The Therapist regarding this topic.