LawSense Law for Mental Health Practitioners 2023

July 28, 2023

Principal Paul Baram is participating in LawSense Law for Mental Health Practitioners 2023. He will present the following topic online at 11.50am (Sydney time):

Files access, record-keeping and disclosure: navigating rights, obligations, consent and objecting to information requests and subpoenas

Duties in Collection, Storage and Destruction of Information

  • Outlining what information you can collect and obligations regarding storage and destruction.

Requests for Information from the Client / Patient

  • Examining the limits of information or records you must provide the client/patient – when is it reasonable to decline a request? Should “internal” documents be provided?

Requests from Medical or Other Professionals or Insurance Organisations

  • Exploring requests practitioners receive from other professionals or insurance organisations for information
  • Informing the client or seek consent before releasing documents:
    • ensuring you obtain a valid consent – what consent should be obtained and how should it be documented – is a “blanket” consent previously provided enough?
    • what are your options where capacity to consent is doubtful or you suspect coercion?

Options in Responding to a Subpoena

  • How can documents be produced – can you produce copies and can they be produced electronically?
  • Responding to subpoenas addressed to the practice where the relevant practitioner no longer works there
  • Extending the time for compliance with a subpoena
  • Subpoenas to give evidence – can you appear by video link?
  • Obtaining payment for time spent and photocopying to deal with a subpoena

Reducing the Scope, Redacting or Objecting to Subpoenas

  • Examining key considerations in deciding to object to production of subpoenaed documents
  • What do you do when the whole file patient file is requested, rather than particular reports or documents – dealing with the subpoenaing party lawyers to reduce the scope of documents caught by the subpoena
  • Understanding options to legally object to a subpoena
  • What should be contained in your communication to the Court regarding your objection?
  • Managing confidentiality concerns in producing documents

Dealing with Other Information Requests – Regulators (AHPRA, OHO, HCCC, Medicare), Child Protection agencies

  • Responding to requests from:
    • AHPRA or other regulators
    • Child Protection agencies

For further information and to register, please visit: LawSense Law for Mental Health Practitioners 2023