Legal Matters
The interface between psychology and law is extensive and often complex. This section introduces several legal matters that affect many practicing psychologists.
PLEASE NOTE: Legal issues are complex and highly fact-specific and require legal expertise that cannot be provided by any single article. In addition, laws change over time. The information in this section should not be used as a substitute for obtaining personal legal advice and consultation prior to making decisions regarding individual circumstances.
Using a Sliding Fee Scale: Some Do's and Don'ts
by Legal and Regulatory Affairs Staff
In working with clients who are unable to afford the services they need, psychologists sometimes consider reducing their fee on a "sliding scale" basis. Doing so may carry significant legal risk if not instituted correctly.
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What’s In a Name? Learn How Trademarks Can Protect Your Practice
By Corporate Relations and Business Strategy Staff
March 8, 2006 -- The name of your practice, as well as the logo and slogan you use in your practice brochure and other marketing materials, are an important part of your professional image. Learn how you can establish and protect your legal right to use the tools that identify your services in the marketplace.
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A Matter of Law: Prompt Pay Laws
by Legal and Regulatory Affairs Staff
December 13, 2005 -- Have you ever submitted your bills to a private insurance company and waited months to find out whether the insurer would pay your claim? If so, you may be entitled to interest from the insurer under your state’s “prompt pay” law.
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A Matter of Law: Managed Care Record Audits
by Legal and Regulatory Affairs Staff
November 17, 2005 -- When facing an audit of your patient records by a managed care organization (MCO), you may be uncertain about your rights, how the process works, and how you should respond. This article addresses common issues you should know about as an MCO audit begins, and other issues to know about if the company seeks a refund.
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A Matter of Law: Patient Record Keeping, Part 2
by Legal and Regulatory Affairs Staff
August 30, 2005 -- Keeping good patient records is a matter of sound practice for psychologists. Among their many uses, appropriate records can help ensure continuity of care and protect practitioners in the event of legal proceedings.
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Matter of Law: Patient Record Keeping, Part 1
by Legal and Regulatory Affairs Staff
July 19, 2005 -- Keeping good patient records is a matter of sound practice for psychologists. Among their many uses, appropriate records can help ensure continuity of care and protect practitioners in the event of legal proceedings.
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A Matter of Law: Privacy Rights of Minor Patients
by Legal and Regulatory Affairs Staff
June 21, 2005 -- One of the many complex legal issues facing practicing psychologists concerns the privacy and confidentiality rights of minor clients.
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A Matter of Law: Psychologists’ Duty to Protect
by Legal and Regulatory Affairs Staff
May 24, 2005 -- The legal mandate known as “duty to protect” or “duty to warn” raises questions for many practitioners. This article helps you understand the obligations you may face when seeing a potentially dangerous patient who threatens harm.
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A Matter of Law: Licensure and Professional Mobility
by Legal and Regulatory Affairs and Communications Staff
April 26, 2005 -- It is crucial for practicing psychologists as well as prospective practitioners to understand state licensing laws and related issues. This article discusses how these laws affect professional mobility and prescriptive authority for practitioners.
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A Matter of Law: Managing Your Managed Care Contracts
by Legal and Regulatory Affairs Staff and Communications Staff
March 15, 2005 -- Signing a provider contract with a managed care organization (MCO) creates obligations that have the force of law. It’s important to know what a contract requires before you agree to it and take appropriate steps to manage a contract once you sign it.
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A Matter of Law: Q & As for Practitioners
By Legal and Regulatory Affairs Staff and Communications Staff
February 15, 2005 -- This question-and-answer article briefly introduces several legal matters that practitioners often raise with staff for the APA Practice Organization.
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Are You Prepared for the Unexpected?
by Corporate Relations and Business Strategy Staff
June 22, 2004 -- No one likes to think about unexpected death or disability. But unless you prepare for the possibility with a “professional will,” you place your clients, family, and estate at risk.
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Choosing the Best Legal Structure for Your Practice
by Corporate Relations and Business Strategy Staff
March 30, 2004 --The choice of organizational structure for your practice has many implications – including legal, financial, and personal. Learn about four basic structures and their respective advantages and disadvantages.
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Professional Will: A Responsible Thing To Do
by Jennifer Daw Holloway, Monitor Staff
February 1, 2003 -- The unexpected deaths of several San Diego Psychological Association (SDPA) members was the catalyst for the association to develop a task force on psychologist retirement, death or incapacitation, which led to the creation of a template "professional will."
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