PRESENTER: David Jensen, JD
Course meets the qualifications for 3 hours of continuing education credit for LMFTs, LCSWs, LPCCs and/or LEPs as required by the California Board of Behavioral Sciences. Registrants must attend the full 3 hours to receive CEs..
It’s Just a Piece of Paper: Law & Ethics Part 1
This course is designed to help therapists understand some important legal principles pertaining to their profession and to apply them in their practices.
Although the paper a subpoena is printed on is light, a subpoena is a “heavy” document because of the legal responsibilities embedded within it. These responsibilities affect the lawyers who issue them, the courts that enforce them and the therapists subject to them. In this three hour law and ethics presentation, attorney Dave Jensen, a long time friend of the Inland Empire Chapter of CAMFT, will review California’s laws regarding the issuing and serving of subpoenas; the creation and destruction of the psychotherapist-patient privilege; and, what to do in a response to a subpoena, especially one for deposition testimony. Attorney Jensen is optimistic that after taking this class, you will actually look forward to being served a subpoena, but maybe not. At least you will know who to call to discuss it.
Topics to be included:
9:00 – 9:15 Introduction
9:15 – 9:45 The Vilches Case and Withholding Information from Parents
9:45 – 10:30 Types of Subpoenas & Laws Regarding Subpoenas
10:30 – 11:00 Personal Service of Subpoenas
11:00 – 12:00 Protective Orders and Motions to Compel
OBJECTIVES:
After the presentation the audience will be able to:
1) Identify how the psychotherapist-patient privilege is different from the physician-patient privilege.
2) Will be able assert the psychotherapist-patient privilege and understand the ramifications thereof.
3)Will be able to describe the parameters of the patient-litigant exception to the psychotherapist-patient privilege.
Citations:
California Evidence Code §§ 910, 911, 912, 914, 915, 917, 1010, 1014, 1015, and 1016; California Health & Safety Code § 123115; California Code of Civil Procedure §§ 2020, 2023, and 2025.310; Vilches v. Leao (2024) 93 Cal.App.5th 1335; La Bella v. Kaiser Foundation Health Plan, Inc. (1977) 72 Cal.App. 3d 499; Manela v. Sup. Ct. (2009) 177 Cal.App.4th 1139; Farrell v Sup Ct. (1988) 203 Cal.App.3d 521; Grosslight v. Sup Ct. (1977) 72 Cal.App.3d 502; In re Mark (2001) 94 Cal.App.4th 573; Feldman v. Allstate Insurance Co. (2003) 322 F3d 660; Calvert v. State Bar (1991) 4 Cal.3d 765; Roberts v. Sup. Ct (1973) 9. Cal.3d 330; In re Fred (1979) 80 Cal.App3d 168; Holmes v Petrovitch (2011) 191 Cal.App.3d 1047; Broderick (1991) 231 Cal.App.3d 84; Julrik Productions, Inc. v. Chester (1974) 38 Cal.App.3d 807; Littlefield Mitchell v. Sup. Ct. (1982) 136 Cal.App.3d 477; San Diego Trolley, Inc. v. Sup. Ct. (2001) 87 Cal.App.4th 1083; In re Joseph Lifschutz (1970) 2 Cal.3d 415
ABOUT THE PRESENTER:
David G. Jensen is an associate in the litigation and psychology practice sections and he is based in the San Diego Callahan, Thompson, Sherman, & Caudill office.
He was born in Flint, Michigan and remains an ardent Detroit Tigers fan. He earned his Bachelor of Arts in History from Brigham Young University in Provo, Utah, and his Juris Doctor degree from Thomas Jefferson School of Law in San Diego, California. He also holds a Master’s of Liberal Studies degree from Fort Hays State University in Hays, Kansas.
He has 20 years of experience in the area of mental health law and worked for CAMFT for 16 years. He admires psychotherapists and the work they do, and feels that it's a privilege to get to support them in their endeavors.
Inland Empire Chapter of CAMFT is approved by the California Association of Marriage and Family Therapists to sponsor continuing education for LMFTs, LCSWs, LPCCS, AND/or LEPs. IE-CAMFT maintains responsibility for this program/course and its content. CE Provider # 62278
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