Monday, June 3, 2019
9:00 am to 4:40 pm
The legal environment governing mental health, psychotherapy and counselling is more challenging than ever before. However, contrary to conventional wisdom, Canadian law is supportive of treatment, counselling, and care professionals who have acted reasonably and in good faith. This workshop will provide participants with a practical understanding of the key legal principles governing their professional lives and the ability to identify and avoid common legal problems.
Reference will be made to the leading Canadian cases, current Ontario legislation and emerging issues, which will be summarized in the handout materials. The workshop will cover the following topics: consent, capacity to consent, substitute consent, and parental authority to exercise substitute consent; negligence and the standards of care in placing subordinate staff, counselling, investigating allegations of abuse, and providing references; documentation, ownership of records, client access to records, computer records, record retention policies, email communication, statements of opinion, and recording information about, or from, a third party; confidentiality, privilege and disclosure of client information; mandatory reporting obligations; and the duty to warn. In the conclusion, some common sense rules will be suggested for anticipating and avoiding legal problems.
Robert Solomon is an experienced and engaging speaker with a reputation for presentations that are both entertaining and informative. Participants will be encouraged to ask questions throughout the workshop, and you will receive a thorough understanding of how the law is applied in clinical settings.
You will learn the general legal principles governing —
- Consent, capacity to consent, and substitute consent to treatment, counselling and care.
- Consent forms, ages of consent, the hierarchy of substitute decision makers, and custody, access and parental authority to make healthcare decisions for an incapable child.
- Negligence, liability of supervisors, and the standards of care in assessing clients, counselling, investigating allegations of abuse, and providing references.
- Documentation, civil liability for negligent record keeping, guidelines for record keeping, ownership and client access to records, group and family counselling records, record retention policies, the use of computer records, recording opinions, email communication, and recording information about, or from, a third party.
- The legal obligation of confidentiality, the sources and adverse consequences of breaching confidentiality, and the exceptions to it under the Personal Health Information Protection Act, 2004, privileged communication, the disclosure of confidential information based on implicit and explicit consent, and drafting release of information forms.
- Mandatory reporting obligations under the Criminal Code, the growing number of reporting obligations under Ontario provincial law, and the common law duty to warn.