Attorney Articles | David Jensen, JD, former Staff Attorney | Page 3

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.


The service of subpoenas is an area of the law where psychotherapists can get manipulated by some process servers and by some attorneys. Learn your fundamental rights and options before responding to a subpoena.

Part of the deal of being a therapist is responding to subpoenas, should the need arise. Therapist should have a working knowledge of the laws pertaining to the preparation and service of subpoenas.

Complying with the Standards is two-fold: first, you must understand the minimum administrative, physical, and technical standards that HIPAA requires to be in place to help protect the integrity, confidentiality, and availability of protected health information, and second, assuming you are a covered entity, you must implement such Standards in your practice.

Understanding health care providers.

According to the Office of Civil Rights, which is the federal agency that investigates and enforces HIPAA violations, some covered entities (“CEs”) are getting themselves into difficulty under HIPAA by forgetting about HIPAA’s “minimum necessary” standard. Learn more about the minimum standard in this article.

This article is important for MFTs who are covered providers under HIPAA.  All MFTs, including trainees and interns, should have a working knowledge of it so that they will have a context for understanding changes likely to occur in the health care milieu in the coming years.

Have you ever been conflicted of, plead guilty to, or plead nolo contendere to any misdemeanor or felony? This question can be tricky to answer if the misdemeanor or felony was expunged.

Are you looking to add another dimension to your practice? If so, you should consider becoming a substance professional for drug and alcohol programs connected with the Depart of Transportation (DOT)might be right for you and your private practice.