Attorney Articles | David Jensen, JD, former Staff Attorney
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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 recent years it has become more and more fashionable for organizations, including private practices, nonprofit agencies, and professional counseling corporations, to use independent contractors, as opposed to employees, to provide counseling services to their clients. Learn how the trend could backfire against an organization and end up costing it more money, much more money, in the end.

Patients travelling to other states while in therapy creates many legal issues for the therapists trying to help them, but must all communication between a therapist and a patient who travels out-of-state cease? In this article, David G. Jensen, JD discusses the “follow-up communication” doctrine, which seems to grant therapists some flexibility in interacting with patients who are temporarily in other states.

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.

One of the more significant legal responsibilities that licensees, interns, and trainees have is the reporting of elder and dependent adult abuse.

Your Duty to Report Serious Threats of Violence to the Police, Which is Like Your Tarasoff Duty to Protect, but not Exactly The duty to report is different from the Tarasoff duty to protect, both in terms of the aims of the laws and how they are discharged.  This article will distinguish the two duties

Members often ask this question or ask for a resource to guide them in understanding what is insurance fraud and what is not insurance fraud.  The information you need is in this article.

Former Staff Attorney David Jensen writes about his recent observation of the many number of Board Accusations involving the crime of driving under the influence of alcohol. Learn how one too many drinks may affect your professional license.

Learn how information concerning a patient’s past suicide attempts and present risk of suicide are crucial pieces of information that need to be conveyed from psychotherapist to psychotherapist.

Too many licensees and interns are not aware of the potential danger to their license or intern registration.

This article discusses the differences between the legal and ethical requirements of treating a patient who is suicidal versus treating a patient who has chosen to end his or her own life after complying with California’s End of Life Option Act.