How to Stay Out of Court

1.  Know what the law really says about the release of mental health treatment information

a. Licensure rules and regulations
b. Oklahoma Statute
c. HIPAA
d. U.S. Supreme Court

2.  Have a well defined plan for response to all subpoenas

3.  Know why your clients are really in your office

LMFT Rules & Regulations

310:400-5-3. Professional competence and integrity

(n) LMFT candidates and licensees may not perform forensic services, which include, but are not limited to, assessments, interviews, consultations, custody evaluations, reports, or expert testimony, or other such activity that is undertaken or conducted by the candidate or licensee in contemplation that the results may, or are intended to be, later furnished to a trier of fact or other decision maker, except under the following conditions:

Click here to view a PDF of Dr. Berman’s presentation

Click here to listen to the Clinical Reflections Podcast: “How to Stay Out of Court”- an interview with William Berman, Ph.D, and Dale Doty, Ph.D.

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