Attorney Articles | David Jensen, JD, former Staff Attorney | Page 2

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.


Administrative, Physical, and Technical Safeguard Standards Compliance Worksheet

This article reviews the continuing education requirements for LMFTs, and it also addresses the issue of what happens if a licensee does not complete all of her continuing education requirements.

The issues of who can waive the psychotherapist patient privilege on behalf of minor patients is complex, and in this article Dave Jensen, JD, sets forth some of the approaches to dealing with this complex topic.

Are the recordkeeping requirements of government programs and managed care companies similar or different? In this article Dave Jensen, JD explores the recordkeeping requirements of these disparate systems.

When practicing psychotherapy, some cases or issues can seem labyrinthine in nature. But. what if there was a way out of the labyrinth?

The Myth of the Wooden Spoon Does a parent's use of a wooden spoon to spank a child, even when such action results in some bruising to the child, automatically constitute abuse of a child? Dave Jensen, JD, discusses a recent legal case involving this important mater.

The issue of whether a nonprofit agency must comply with Wage and Hour Laws could hinge on whether the agency is operating a commercial enterprise. Learn more about how the scope of the nonprofit’s activities can determine if it is a commercial enterprise.

Diligent readers of The Therapist know that the Health Insurance Portability & Accountability Act of 1996 (HIPAA) will have consequences for certain health care providers, including psychotherapists, who are "covered entities" within the meaning of HIPAA.  The purpose of this article is to enable you to understand and to prepare some of the more important forms that HIPAA will require covered entities to use after April 14, 2003.

There is a “dance” that all therapists must know how to do, and do well, which means smoothly executing the “steps” involved, and not tripping over one’s feet in the process. This dance is called The Tarasoff Two-Step.

Understanding who is and who is not a covered entity, as well as how you can avoid becoming a covered entity, is important because such entities must comply with HIPAA.