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Legal & Ethical Issues in Behavioral Health in Idaho – Shane Bengoechea



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Languages: English; Combined file size: 6 Hours 11 Minutes; Included files: (Audio and Video)

Shane Bengoechea
6 Hours 11 Minutes
Audio and Video
Mar 01, 2019


For those working in the mental/behavioral health field, dealing with the day-to-day challenges of treating clients can be overwhelming in and of itself. However, the administrative and legal responsibilities are equally crucial. There are weighty decisions – the legal and prudent responses to a wide variety of situations – that demand a proper legal awareness in order to stay in compliance.

Without such knowledge, many well-meaning providers may face grave legal and financial consequences. The purpose of this practical recording is to gain important guidance and insight into mental health laws and regulations.



Mental Health Professionals & Family Law

  • Parental Rights
  • Legal and Physical Custody
  • Custodial Factors
  • Custody Evaluations
  • Expert vs. Fact Testimony
  • Child Abuse Allegations
  • Parental Alienation Syndrome
  • Consent for Treatment When Parents are Divorcing/Divorced
  • Deal with Minor’s Counsel

Minor’s Rights

  • Age of Majority
  • Access to Records
  • Minor’s Consent to Treatment
  • Right to Refuse Treatment

Confidentiality of Mental Health Records

  • When and to Whom Records Can Be Released
  • Mandatory Disclosures
  • Alcohol/Drug Records
  • HIV Records
  • HIPAA Update/Business Associate Agreement

Respond to Subpoenas and Court Orders

  • Confidentiality vs. Testimonial Privileges
  • Types of Subpoenas
  • Duty to Respond
  • Time Limits
  • Assert Confidentiality
  • Produce Documents
  • Limit the Amount of Disclosure
  • Motions to Quash

Administrative Disciplinary Proceedings

  • Codes of Ethics
  • Violations of State Laws/Regulations
  • Investigations by Regulatory Agency
  • Conflicts of Interest
  • Informed Consent

Professional Ethics, Boundary Issues and Legal Liability

  • Consent
  • Competency
  • Right to Refuse Medication
  • Restraints and Seclusion
  • Duty to Warn
  • Documentation


Shane Bengoechea's Profile

Shane Bengoechea Related seminars and products: 1

Bengoechea Law Office, PLLC

Shane O. Bengoechea is the owner of the law firm of Bengoechea Law Office, PLLC, in Boise, where he has a general practice and specializes in the area of health care, insurance, personal injury, business, contracts and corporate law. Prior to being in private practice, Mr. Bengoechea was of counsel for Saetrum Law Offices, the Chief staff attorney for Blue Cross of Idaho, city attorney for the City of Twin Falls, ID and taught business law as an adjunct professor for 10 years. Mr. Bengoechea received his law degree from Gonzaga School of Law and is a member of the Idaho Bar and the United State District Court of Idaho. He is a frequent speaker on various legal topics including governmental law.

Speaker Disclosure:

Financial: Shane Bengoechea is the owner of Bengoechea Law Office, PLLC. He receives a speaking honorarium from PESI, Inc.

Nonfinancial: Shane Bengoechea is a member of the Idaho Bar; and the United State District Court of Idaho.

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