Presented by Kristin Roscoe, Esq, CAMFT Staff Attorney
3 CE credits
The event will be live streamed and recorded. The recording will be available for viewing for 21 days following the live event. You can receive the CE credit by watching the recording and taking a test.
This training covers the general 3 CE Law and Ethics requirement, NOT the telehealth training that’s required starting 7-1-23.
Participants will gain a greater understanding of California’s advertising requirements, how to translate legal and ethical requirements into social media posts, and how to address common ethical considerations that might arise with an online presence.
Level of Learning: Intermediate
This presentation is intended to provide an overview of common legal and ethical issues that might present for marriage and family therapists engaging in social media. Topics to be discussed include: what is an advertisement; BBS’s advertising regulations; maintaining patient confidentiality online; setting and keeping boundaries online; social media policies; copyright laws; recording of sessions; and record keeping requirements.
Learning Objectives
At the end of this course, participants will be able to :
- Identify the four questions to consider when advertising
- Analyze whether a social media post complies with advertising laws and regulations
- Identify the pieces of information that must be in any advertisement depending on licensure status
- Apply principles of copyright law to their social media posts
- Understand the difference between a medical record and a legal record
About the Presenter
Kristin W. Roscoe, Esq., CAMFT Staff Attorney, takes CAMFT member phone calls regarding law and ethics issues and contributes articles on those subjects to The Therapist. Before joining CAMFT’s legal team, Kristin represented healthcare systems and professionals in professional negligence litigation at La Follette, Johnson, DeHaas, Fesler & Ames. Since entering the legal profession, Kristin has worked in various capacities presenting to and advocating on behalf of her clients both in and outside of the courtroom. Kristin received her B.A. from The College of Wooster in 2006 and graduated from The American University Washington College of Law with her J.D. in 2012.
Outline
Social Media Overview
a. An ever-changing array of options
Advertising 101
a. Any form of public communication
b. Fees for Service
c. BBS Advertising Regulations
d. Use of “psychotherapy”
e. Pre-licensed advertising
f. Big 4 Advertising Questions
g. Code of Ethics 13.4
h. What to Look Out For
i. Patient Testimonials
j. BBS enforcement actions for advertising
Confidentiality
a. CAMFT Code of Ethics Section 2.1
b. Read Before You Click
c. AI
d. HIPAA Violations
Boundaries
a. CAMFT Code of Ethics Section 4.1
b. CAMFT Code of Ethics Section 4.3
c. Set Your Boundaries Using Disclaimers
d. Keep Your Boundaries
Informed Consent
a. CAMFT Code of Ethics Section 3.4 & 3.5
b. Social Media Policy
Copyright Laws
a. What is a Copyright?
b. What is not Original?
c. What Does it Mean to be Fixed?
d. Who Owns a Copyright?
e. How Long Does a Copyright Last?
f. If Someone Infringes on Your Content
g. Beware of the Copyright Troll
h. Internal Copyright Policy
Recording Sessions
a. Two Party Consent
b. When the Patient Asks
c. When the Therapist Asks
d. When the Patient Does Not Ask 8.
Recordkeeping
a. When Social Media Collides with Clinical Practice
b. CAMFT Code of Ethics 5.3
c. Health & Safety Code Section 123105(d)
d. Record Retention Requirements
e. Records Request
f. Subpoena for Records
Resources
Ten Advertising Mistakes Made by Therapists
Social Media Confidentiality Disclosures and Record Keeping
You Yelp and Social Media
Before You Press Record
This course meets the qualifications for 3 hours of continuing education law and ethics credit for LMFTs, LCSWs, LPCCs, and/or LEPs as required by the California Board of Behavioral Sciences. The Sacramento Valley Chapter of the California Association of Marriage and Family Therapists (SVC-CAMFT), provider #62279, is approved by CAMFT to sponsor continuing education for LMFTs, LCSWs, LPCCs, and LEPs. SVC-CAMFT maintains the responsibility for the program and all its content.
CE credit will be awarded via email after the completion of the course in exchange for a course evaluation. No CE credits will be awarded to persons arriving late or leaving early. Partial CE credit will not be awarded. This program will benefit LMFT, LPCC, LEP and LCSW licensees and pre-licensees.
EVENT POLICY INFORMATION
