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, discusses new laws that affect pre-licensed therapists and answers commonly asked questions related to the licensure process.

This article will explain what an association health plan (AHP) is and why legal constraints prevent CAMFT from establishing one for its members.

Bradley J. Muldrow, JD discusses how AB 1145 changed the mandated reporting requirements for situations in which minors are engaged in certain forms of consensual sexual activity. The article also highlights key mandated reporting rules that were not impacted by this new law.

Legal and ethical issues often arise when a therapist is ending their relationship with an employer. Focusing on topics of dispute that commonly arise between employers and therapists/employees, Michael Griffin, JD, LCSW examines the application of California law to the use of noncompetition clauses in employment contracts and considers
sections of the CAMFT Code of Ethics relevant to issues such as patient autonomy and independence.

This article by staff attorney Alain Montgomery, JD, defines what a practice management company is and describes the advantages and disadvantages of using the array of services it offers therapists.

CalAIM is a multi-year effort to transform and reform the Medi-Cal system. This article provides information about major components of the CalAIM framework such as the new requirements for Medi-Cal Managed Care Plans (MCPs) and a multitude of behavioral health reforms.

In this article, Bradley J. Muldrow, JD provides an overview of the 2010 minor’s consent law, Health and Safety Code Section 124260. The article also discusses key steps therapists must follow to offer minor’s consent-based treatment pursuant to this law.

CAMFT has been receiving questions and concerns regarding CareDash. This article provides an overview of “data scraping” and recommendations for how members can take actions on concerns they have with their information on public sites and provider review sites, including CareDash.

CAMFT Attorney Alain Montgomery, JD, takes a deep look into the various—and highly nuanced—elements that therapists must evaluate when receiving gifts from clients and when thinking of giving a gift to a client.

In this article, Michael Griffith, JD, LCSW, discusses ethical standards that are applicable to treatment planning, particularly at the start of treatment with a new client/patient or when a therapist is contemplating changes to a client's treatment plan.  The discussion includes a review of various disclosures that therapists are either required or encouraged to provide to their clients.