From The Trust and The Trust Practice and Risk Management Association. Ethics and Risk Management Workshops: Legal and Ethical Risks and Risk Management in Professional Practice

Live Workshops – The Trust

Attend a workshop, earn 6 CE credits, and take 15% off your Trust Sponsored Professional Liability Policy premium (for 2 consecutive renewals at your next policy renewal).

Experts agree that regardless of what happens with health care reform legislation at the state and national level, the industrialization of the health care system is going to continue. New practice models will require psychologists to confront an increasingly complex legal and liability environment in which the development of an effective risk management strategy will be essential for career and economic survival. 

These are but a few of the developments that have increased the liability and disciplinary exposure that psychologists now face. At the same time, many sources report an increase in the number of complaints to licensing boards and professional ethics committees, where even a minor disciplinary sanction can seriously damage or even destroy a career. It is not uncommon for managed care to reject practitioners who have been sanctioned by any disciplinary body or have lost or agreed to non-nuisance settlements in a malpractice case. 

Eric A. Harris, Ed.D., J.D., Joe Scroppo, Ph.D., J.D., and Daniel O. Taube, J.D., Ph.D. draw upon their extensive experience in law and clinical practice as well as consultations to psychologists in all aspects of professional practice to develop these nationally acclaimed risk management workshops, specifically designed for psychologists. In addition to reducing the risk that a successful malpractice action will be brought, the workshops help practitioners to cope with potential complaints to licensing boards and ethics committees, and to respond to the increasing accountability requirements mandated by third party reimbursement sources. 

The Trust and The Trust Practice and Risk Management Association (TrustPARMA) currently provide risk management workshops in seven sequences, each with core learning objectives as well as more specific issues and objectives related to the particular sequence. The workshops are most often produced in conjunction with state psychological associations, state licensing boards, and other related organizations.

Ethics and Risk Management Workshops are designed to help you:

  • Recognize the major elements of disciplinary complaints and malpractice suits;
  • Identify situations that present the greatest risk to practitioners, both now and in the future;
  • Implement a system of specific procedural strategies that will reduce the risk of malpractice actions and disciplinary complaints;
  • Recognize essential information about laws governing therapeutic confidentiality and its exceptions;
  • Implement an effective system of providing "informed consent" to clients, including a sample psychologist/patient contract; and,
  • Determine how and when to consult with others to reduce the risk of malpractice.

Workshop Sequences and Learning Objectives:

Sequence VIII

Ethics and Risk Management in a Digital World 2.0:

  • Summarize The Trust's Risk Management Philosophy, including strategies for identifying high risk situations and managing professional practice risks.
  • Develop and review strategies for managing digital record keeping challenges.
  • Describe risks regarding emerging approaches to telepsychology practice.
  • Identify strategies for managing online and social media risks.

Sequence VII

Legal and Ethical Risks and Risk Management in Professional Psychological Practice: Working with Couples and Families, Risk Management with the Suicidal Patient, and Legal and Ethical Issues Presented by Retirement:

  • Discuss The Trust risk management philosophy, including strategies for identifying high risk situations and managing professional practice risks.
  • Identify strategies for managing potential conflicts in conjoint treatment with couples and families.
  • Identify risk management strategies in working with children with particular emphasis on the risks associated with divorced or divorcing families.
  • Identify essential risk management strategies for assessing and managing outpatient suicide risk.
  • Identify “post-vention” strategies for managing risk after a patient suicide.
  • Identify “self care” strategies for psychologists who have suffered the loss of a patient to suicide.
  • Describe the different professional retirement pathways.
  • Identify the advantages and disadvantages of various strategies in planning for your own personal and professional retirement.
  • Describe how to effectively and ethically close a professional practice.

Sequence VI

Ethics and Risk Management in the Age of The Affordable Care Act: Everything You Didn't Want to Know and Were Afraid to Ask. Workshop objectives:

  • Summarize the basic principles of The Trust's Risk Management Strategy.
  • Identify three major changes in the organization and delivery of healthcare services that will impact psychological practice.
  • Develop a strategy for transitioning to and working with electronic health record systems.
  • Develop documentation strategies for interacting with medical homes and other medical healthcare delivery systems.
  • Describe three boundary implications of technology and steps to address them.
  • Summarize the structure through which DHHS is increasing its HIPAA enforcement processes and their implications for practitioners.

Sequence V

Hot Topics in Ethics and Risk Management in Psychological Practice. Participants will:

  • Acquire the basic principles of a risk management strategy.
  • Acquire an approach to identifying and resolving complex, high risk dilemmas that frequently arise in professional practice including:
  • Better deal with challenges presented by online reviews and other challenges presented by the "online world."
  • Better manage difficult, high risk patients in a developing impasse.
  • Better manage the uncooperative client.
  • Better evaluate and manage multiple relationships:

Sequence IV

Adventures on the Electronic Frontier: Ethics and Risk Management in the Digital Era. Participants will learn to:

  • Apply basic ethical principles to evaluate risks, benefits and appropriateness of using various electronic communication and social networking media in their professional practice in a variety of situations.
  • Identify ethical, legal and disciplinary trends concerning electronic communication that will allow them to anticipate, plan and adjust their practices accordingly.
  • Evaluate when and how to provide remote professional services, therapeutic and otherwise to clients in a way that minimizes disciplinary risk.
  • Understand, apply and integrate the laws and legal principles governing remote practice within and between states.
  • Identify various kinds of professional credentials that will enable them to increase their professional mobility.
  • Develop amendments to their informed consent and documentation and professional consultation policies to accommodate remote practice and electronic communication.
  • Identify important issues regarding privacy and confidentiality issues created by electronic communication mediums and technologies that present risks to clients so they can clearly discuss these risks with clients who wish to utilize these technologies.
  • Evaluate and improve their competency to utilize electronic technology and provide remote services to their clients.
  • Discuss and apply specific, positive, ethically based, strategies to manage the disciplinary risks presented by remote electronic communication and professional service delivery based on documentation, consultation, informed consent and demonstration of competency.

Sequence III

Ethical Decision Making and Risk Management in Clinical Practice (Interactive) will give the workshop participant:

  • Familiarity with the fundamentals of ethical philosophy that are the foundation of all healthcare ethics codes.
  • Understanding of how these fundamentals drive the development of ethics codes and professional standards.
  • Recognition of where these fundamentals are specifically expressed in the law and in the 2002 APA Ethics Code.
  • Knowledge of the primary provisions of the 2002 APA Ethics Code.
  • Awareness of how the law impacts ethics codes and the relationship of ethics to law.
  • Expertise in how to use the ethical fundamentals in decision-making.
  • Interaction with other colleagues on specific ethical dilemmas, arriving at ethically based decisions on how to deal with difficult cases.

Sequence II

Legal and Ethical Risks and Risk Management in Professional Psychological Practice: Risk Management Strategies in High Risk Areas. Participants will:

  • Apply basic strategies for identifying high risk situations and managing professional practice risks.
  • Better manage interactions with lawyers and the legal system, including responding to subpoenas and other information requests, providing testimony at depositions and in court, and using strategies for interacting with attorneys.
  • Learn about managing potential conflicts in conjoint treatment with couples and families, with particular emphasis on the special risks associated with divorce.
  • Acquire essential risk management strategies for identifying and managing outpatient suicide risk.
  • Acquire ethical and legal standards governing these areas of practice.

Sequence I

Legal and Ethical Risks and Risk Management in Professional Psychological Practice: General Risk Management Strategies. Participants will:

  • Discuss and apply what is new in the world of ethics.
  • Acquire an approach to identifying and resolving ethical dilemmas that arise in professional practice.
  • Identify practice situations that present the greatest risk to clinical practitioners, both now and in the future.
  • Acquire essential information about disciplinary complaints and malpractice actions.
  • Review important HIPAA Privacy Rule issues and be introduced to the HIPAA Security Rule.
  • Provide essential information about laws governing therapeutic confidentiality and exceptions.
  • Learn the distinction between privilege and confidentiality.
  • Determine how and when to consult with others to reduce the risk of disciplinary complaints and demonstrate compliance with the appropriate standards of care.
  • Determine what information should and should not be included in the patient's records.