You've Been Served: A Mental Health Provider's Guide to Handling Record Requests and Subpoenas

Presented by Rochelle Perper, PhD on 08-18-2023 at 9 a.m. Pacific (noon Eastern) to 11 a.m. Pacific (2 p.m. Eastern)

Receiving a request for medical records, whether it is initiated by the client, a third party such as the client’s insurance company, or the dreaded subpoena or court order, mental health providers can quickly feel out of their depth. Therapists must quickly navigate record requests as they fulfil their ethical and legal mandate to protect patient privacy, consider risk management, and weigh the clinical considerations of disclosure.

In this 2-hour continuing education ethics course, Dr. Rochelle Perper will address many common questions about record requests and provide a framework for making decisions when handling third party requests and responding to subpoenas. She will explain factors that help to determine the amount of information needed to fulfil the “minimum necessary” requirement described by HIPAA regulations. Dr. Perper will also review the relevant details of the 21st Century Cures Act and OpenNotes trends, the implications for mental health, and how it impacts case note documentation. She will discuss the ethical considerations for maintaining a minimal clinical record.

This introductory level continuing education webinar is designed to help mental health professionals:

  1. Differentiate between process notes and psychotherapy notes.
  2. Describe how to respond to a request for medical records when the material may be clinically damaging to the client.
  3. List the key components of a minimal clinical record.

Statement of accuracy, utility, and common risks: This course is based on information provided by the American Psychological Association (APA), the APA’s Ethical Principles of Psychologists and Code of Conduct (2003, including 2010 and 2016 amendments) and APA’s Record Keeping Guidelines (2007). The information provided is not intended as legal advice and should not be considered as a substitution for sound legal consultation and representation.

Declaration identifying any potential conflict of interest and/or commercial support: Dr. Rochelle Perper, PhD does not have any known conflict of interests/commercial support regarding the material being presented during this course. She is the founder and Principal Psychologist of Therapy Changes, a group psychology practice in San Diego. Dr. Perper may share examples of procedures used at Therapy Changes to illustrate key concepts and provide case examples.

If you have any questions or would like information regarding disability accommodations, please contact GoodTherapy here.

Continuing Education (CE) Information

2 law and ethics CE contact hours will be provided by GoodTherapy for attending this web conference in its entirety. 

GoodTherapy is an NBCC-Approved Continuing Education Provider (ACEPTM) and may offer NBCC-approved clock hours for events that meet NBCC requirements.

GoodTherapy.org, provider #1352, is approved to offer social work continuing education by the Association of Social Work Boards (ASWB) Approved Continuing Education (ACE) program. Organizations, not individual courses, are approved as ACE providers. State and provincial regulatory boards have the final authority to determine whether an individual course may be accepted for continuing education credit. GoodTherapy.org maintains responsibility for this course. ACE provider approval period: 3/30/2022 – 3/30/2025. Social workers completing this course receive 2 continuing education ethics credits.

GoodTherapy is approved by the American Psychological Association to sponsor continuing education for psychologists. GoodTherapy maintains responsibility for this program and its content.

GoodTherapy, LLC is recognized by the New York State Education Department's State Board for Social Work as an approved provider of continuing education for licensed social workers #SW-0395. GoodTherapy, LLC is recognized by the New York State Education Department's State Board for Mental Health Practitioners as an approved provider of continuing education for licensed marriage and family therapists #MFT-0022 and for licensed mental health counselors #MHC-0031.

To receive CE credit hours for an archived event, you will need to complete a survey as well as a 12 or 15-question exam, verifying that you listened to or watched the event in its entirety. Archived CE events generally are considered "homestudy" by licensing boards.

Registration Information

Premium and Pro Membership with GoodTherapy includes access to this web conference at no additional cost, as well as other member benefits such as a profile listing in GoodTherapy's Therapist Directory. Not yet a member? Sign up for a Premium or Pro Membership, here.

Just want CE credits? Sign up for a monthly or annual CE Subscription with GoodTherapy to get unlimited access to our CE Program, including this event, other live CE web conferences, and hundreds of hours of homestudy courses.

Mental health professionals who are not members can attend this live web conference for $30.95 or access the homestudy recording for $15.50. Sign up here to purchase this CE course and earn a CE certificate.

If the event is canceled by GoodTherapy, registrants who purchased the event will be notified and the charge for the event will be refunded

If you have any questions or would like information regarding disability accommodations, please contact us.

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Meet the Presenter

Rochelle Perper, PhD

Rochelle Perper, PhD

Rochelle Perper, PhD believes in the power and benefit of sharing knowledge and building meaningful connections. Dr. Perper is an established and well-respected member of the San Diego psychology community, having earned her doctoral degree in Clinical Psychology from California School of Professional Psychology at Alliant International University (CSPP-AIU) in 2008. Dr. Perper is the Founder and Principal Psychologist of Therapy Changes, a multispecialty group psychology practice in San Diego, California. Dr. Perper is recognized for her compassion and skill in helping clients heal from trauma specializing in the areas of grief, traumatic loss, and complicated grief. In addition to her work in private practice, Dr. Perper provides consultation and expert testimony and review for forensic cases since 2018.

Dr. Perper is committed to assisting the professional growth of mental health professionals by providing professional training courses on a variety of topics including law and ethics since 2011. Dr. Perper is Chair of the Ethics and Standards Committee at the San Diego Psychological Association (SDPA) and had the privilege of serving on this Committee from 2012–2018 and serving as Chair from 2016-2018. She is a regularly invited speaker to UCSD and USD Student Counseling Services and the San Diego County District Attorney Victim Advocacy program.

For more information about Dr. Perper or to learn about services at Therapy Changes, please visit TherapyChanges.com.

Continuing Education Provider Approvals

  • aceGoodTherapy.org is Approved by the American Psychological Association to sponsor continuing education for psychologists. GoodTherapy.org maintains responsibility for this program and its content.
  • Logo GoodTherapy.org has been approved by NBCC as an Approved Continuing Education Provider, ACEP No. 6380. Programs that do not qualify for NBCC credit are clearly identified. GoodTherapy.org is solely responsible for all aspects of the programs.
  • aceGoodTherapy.org, provider #1352, is approved to offer social work continuing education by the Association of Social Work Boards (ASWB) Approved Continuing Education (ACE) program. Organizations, not individual courses, are approved as ACE providers. State and provincial regulatory boards have the final authority to determine whether an individual course may be accepted for continuing education credit. GoodTherapy.org maintains responsibility for this course. ACE provider approval period: 03/30/2022 - 03/30/2025.
  • GoodTherapy.org, LLC is recognized by the New York State Education Department's State Board for Social Work as an approved provider of continuing education for licensed social workers #SW-0395.
  • GoodTherapy.org, LLC is recognized by the New York State Education Department's State Board for Mental Health Practitioners as an approved provider of continuing education for licensed marriage and family therapists #MFT-0022 and for licensed mental health counselors #MHC-0031.

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