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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.
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 Luke Martin, MBA, JD, takes a deep dive into the legal, clinical, and ethical considerations of ending an employment relationship and helps guide both the employer and the employee forward. Martin places particular focus on how to deal with clients during this transition.
CAMFT Staff Attorney Luke Martin, MBA, JD, reviews best practices and HIPAA implications for therapists who decide to utilize a third party voice over internet protocol (VoIP) for client interactions.
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.
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.
One of the fundamental tasks of establishing a business is often overlooked: obtaining a business license. This article provides an overview of what a business license is, why a business license is required, how to obtain a business license, and potential consequences for not having one. A section is also reserved to discuss home offices and the need for licenses in remote settings.
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.