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