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Monday, May 28th 2018

It’s the Law: What You Need to Know about Consent, Documentation, Mandatory Reporting, and Much More

Robert Solomon, LLB LLM
presented by Leading Edge Seminars

Multi-Faith Centre/Koffler House, 569 Spadina Ave, Toronto, ON M5S 2J7
9 am to 4:40 pm

The legal environment governing mental health, psychotherapy, and counselling is far more challenging than before. However, contrary to conventional wisdom, Canadian law is supportive of treatment, counselling, and care professionals who have acted reasonably and in good faith. This workshop will provide participants with a practical understanding of the key legal principles governing their professional lives and the ability to identify and avoid common legal problems.

Reference will be made to the leading Canadian cases, and current and pending Ontario legislation, which will be summarized in the handout materials. The workshop will cover the following topics: consent, capacity, and substitute consent; negligence and standards of care in counselling; documentation, ownership, and client access to records; confidentiality, privilege, and disclosure of client information; mandatory reporting obligations; and the duty to warn. In the conclusion, some common sense rules will be suggested for anticipating and avoiding legal problems.

Robert Solomon is an experienced and engaging speaker with a reputation for presentations that are both entertaining and informative. Participants will be encouraged to ask questions throughout the workshop, and you will receive a thorough understanding of how the law is applied in clinical settings.

You will learn —

• Consent, capacity to consent, and substitute consent to treatment, counselling, and care
• Consent forms, ages of consent, the hierarchy of substitute decision makers, and parental consent
• Negligence, liability of supervisors, and the standards of care in assessing clients, counselling, and addressing allegations of abuse
• Documentation, civil liability for negligent record keeping, guidelines for record keeping, ownership and client access to records, record-retention policies, the use of computer records, recording information about or from a third party, and email communication
• The legal obligation of confidentiality, the sources and adverse consequences of breaching it, privileged communication, and disclosure of confidential information based on implicit and explicit consent
• Mandatory reporting obligations under the Criminal Code, the new and pending reporting obligations under Ontario provincial law, and the duty to warn

This workshop may be eligible for Continuing Education Credits/Units (CECs/CEUs) by professional organizations in Canada/Ontario serving mental health professionals. Please click here for more information.

About the Presenter:

Robert M. Solomon, LLB, LLM is Distinguished University Professor in the Faculty of Law at Western University. He has been involved in research and teaching on health care, civil liability, and criminal law for more than 45 years. In addition, he has served as a consultant to Health and Welfare Canada, the Law Reform Commission of Canada and the Canadian Centre on Substance Abuse. Robert has also presented and written extensively about the increasingly challenging legal environment facing psychotherapists, social workers, nurses, and other mental health professionals. He is the lead author of A Legal Guide for Social Workers .


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