Telehealth Courtroom Realities: How to Stay Out of Legal Hot Water
Faculty: Marlene M. Maheu, PhD
Developed by a senior litigating telehealth attorney for the defense, this eye-opening telehealth training experience will help the clinician avoid the harsh realities of a courtroom.
| √ 100% Online, 24/7 | √ Available On-Demand |
| √ 6-Month Access | √ 2 CME or CE Contact Credit Hour(s) |
Description
Telehealth.org Master Class Series
Case-Based Learning
Most therapists have never seen the inside of a courtroom. Most therapists mistakenly assume that their good intentions will protect them in a regulatory hearing or civil suit. Their lack of preparation leaves them not only defenseless but, all too often, impossible for an expert to defend in court.
This course prepares the Learner for the often traumatizing experience of expert cross-examination, designed to highlight the clinician’s lack of required expertise, harmful decisions, dereliction of duty, and accentuate the overall lack of professionalism.
In this video training, Joseph McMenamin, MD, JD, conducts a “mock deposition” (role-play) with Dr. Marlene Maheu. He takes the position of a litigating attorney for the prosecution, representing the “claimant” who is suing Dr. Joanne Peterson, portrayed by Dr. Maheu.
Dr. Johnson is an unwitting clinician who took a few hours of telehealth training during her early forages into telehealth. Excited to grow her telehealth practice after COVID, she made a few seemingly innocent mistakes. At the prosecutor’s hand, though, the true meaning of “a few innocent mistakes” takes a new turn. It quickly becomes apparent that “ignorance is not a defense in the face of the law.”
This mock deposition will give the Learner a front-row seat on typical courtroom proceedings and expose Dr. Johnson’s weaknesses concerning telehealth-specific actions taken when treating a married woman through videoconferencing. The attorney’s rationale for specific lines of questioning is discussed in detail. It reveals the highly-skilled, systematic approach commonly used by prosecuting attorneys to discredit clinicians and easily make them appear negligent and unprofessional.
Unfortunately, the scenario depicted is not often discussed in clinical training but is 100% reality-based. In this 2-hour course, you will experience Dr. Johnson’s struggle to defend her approach in terms of:
- Prior experience and training
- Sources of other guidance from colleagues, experts, and written resources
- In-person vs. online sessions
- Website claims
- Intake
- Assessment
- Interjurisdictional issues
- Documentation
- Standards of Care
- Including adjunctive parties in treatment
- Termination
This telehealth training will help you gain the perspective and tools to enjoy the peace of mind that only comes from proper preparation. You will get:
- A full hour of video-based mock-deposition recording
- An hour of additional instruction outlining successful legal strategies for teletherapy.
This program is appropriate for independent practitioners and those who work for employers offering teletherapy. It also is directly relevant for clinicians who have responded to the siren-songs of direct-to-consumer digital care companies. Not all, but many of these companies unscrupulously focus on making a HUGE profit by hiring otherwise good clinicians who unwittingly risk their licenses, put their professional integrity in question, and can easily compromise the welfare of vulnerable consumers relying on them for care.
Learning Objectives
- Describe how a prosecuting attorney could discredit a clinician in court because of failure to follow best practices for legal and ethical practices and guidelines.
- Outline the steps to follow to avoid appearing negligent in her telepractice.
- Describe how a clinician can protect themselves from liability related to illegal interjurisdictional practice.
When & How
| CME or CE: | Credit hours 2 |
| Duration: | Approximately 2 hours to complete. |
| Format: | Online Activity. Online readings, illustrative media, automatically graded post-test. All material for Telehealth.org training is provided at no extra cost, and is accessible through your computer or digital device. Available 24/7 as on-demand training (asynchronous). |
| When: | Available 24/7 to review anytime for 6 months from registration date. |
| Where: | 100% Online |
| How: |
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Audience
This program is for beginning and intermediate-level “telepractitioners” and “telesupervisors” wishing to deliver telemental health services in these disciplines:
- Psychiatrists, Internists, Pediatricians, Gerontologists, Nurses, Physician Assistants, Nurse Practitioners
- Psychologists, Counselors, Social Workers, Therapists, Marriage & Family Therapists
- Speech Pathologists, Dietitians, Occupational Therapists, Behavioral Analysts, Substance Use Professionals
- CEOs, COOs, Administrators, Billing & Coding Staff
Faculty
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Dr. Marlene Maheu has been a pioneer in telemental health for almost three decades. With five textbooks, dozens of book chapters, and journal articles to her name and educated more than 66k clinicians from 109 countries, she is in a unique position to guide you or your organization in finding a maximally profitable niche in telehealth. She is the Founder and CEO of the Telebehavioral Health Institute (Telehealth.org), owned by Telehealth.org. She is the CEO of the Coalition for Technology in Behavioral Science (CTiBS), and the Founder of the Journal for Technology in Behavioral Science. She has assisted in writing standards and guidelines for national associations and was the Chair of the CTiBS Competency Committee that published the first telebehavioral health competency framework. She has been interviewed by dozens of leading newspapers and magazines, keynoted, and taught hundreds of telehealth-related workshops internationally. Dr. Maheu is a master at getting to the point and answering your questions with straightforward, actionable, evidence-based suggestions that quickly move you to your goal. She will delight you with her clinical acumen and make you smile at how simple many solutions can be when explained by a professional with decades of passionate telehealth training experience. Bring your notepad — you’ll leave with pages of practical to-do’s! |
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Joseph P. (“Joe”) McMenamin is the AV-rated Principal at McMenamin Law Offices, PLLC, in Richmond, Virginia. MLO is a health law boutique serving health care providers, telemedicine companies, and life sciences companies, focusing on legal issues pertinent to distance care, general health law, risk management, and reimbursement. Dr. McMenamin is General Counsel for the Virginia Telehealth Network, and a member of the Center for Telemedicine and eHealth Law (“CTeL”) Legal Resource Team. He is also an Associate Professor in the Department of Legal Medicine at Virginia Commonwealth University, Board-certified in Legal Medicine, and a Fellow of the College of Legal Medicine. Before starting his own practice, Dr. McMenamin was a partner at McGuireWoods, LLP for 20 years. Previously, he practiced emergency medicine at hospitals in Pennsylvania and Georgia for seven years while engaging in specialty training and legal education. He is a former member of the Boards of Directors of the Medical Society of Virginia Insurance Agency and of the Richmond Ambulance Authority. Dr. McMenamin has authored or co-authored numerous articles and chapters on a wide array of legal and other topics. He has also given hundreds of presentations at local, state, national, and international meetings of lawyers, doctors, risk managers, business continuity experts, regulatory professionals, and other groups. |
Reviews
 | Telehealth.org has excellent resources for training and the knowledge contained in the materials is current. I was provided with good customer support. Laura Van Schaick-Harman, PsyD |
 | Wonderful. Telehealth.org always responds to my requests right away, and the training has been extremely helpful to me. Lisa J. Rotella, Licensed Clinical Social Worker |
 | Your mobile-compatible training website is very nice and user-friendly! Dianna Bruno, PsyD |
CME & CE Accreditations & Approvals
Telehealth.org has been approved by the leading medical and behavioral accrediting and approval groups.
NJAOPS
NBCC
NAADAC
ASWB
APA
NY SW
NY MHC
NY MFT
NY PSY
Addiction
The Association For Addiction Professionals (NAADAC)
The Association For Addiction Professionals (NAADAC)Telehealth.org is officially on file with NAADAC, The Association For Addiction Professionals (NAADAC) as an approved education provider. Telehealth.org has been approved as a NAADAC approved education provider. NAADAC provider #159459, Telehealth.org is responsible for all aspects of their programming.
Counseling
National Board For Certified Counselors (NBCC)
National Board For Certified Counselors (NBCC)Telehealth.org has been approved by National Board For Certified Counselors (NBCC) as an approved Continuing Education Provider. ACEP No. 6708. Programs that do not qualify for NBCC credit are clearly identified. Telehealth.org is solely responsible for all aspects of the program.
New York State Education Department’s State Board for Mental Health Counseler (NY MHC)
New York State Education Department’s State Board for Mental Health Counseler (NY MHC)Telehealth.org 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 mental health counselors. #MHC-0237.
Medicine
Physicians, Nurses, Nurse Practitioners & Physician’s Assistants
Physicians, Nurses, Nurse Practitioners & Physician’s AssistantsPurpose: NJAOPS is dedicated to reminding and enhancing physicians’ knowledge to manage the changing needs of the healthcare system. These evidence-based educational lectures are structured to augment physician expertise with current guidelines, materials, and recommendations, as well as up-to-date advances in medical treatment on specific topics. Accreditation: New Jersey Association of Osteopathic Physicians and Surgeons is accredited by the American Osteopathic Association (AOA) to provide osteopathic continuing education for DO Physicians. NJAOPS designates these educational activities for category 1-A credits and will report CME and specialty credits commensurate with the extent of the physician’s participation in this activity.
Physician (AMA) accreditation statement: NJAOPS Is accredited by the Medical Society of New Jersey to provide Continuing Medical Education for physicians. NJAOPS designates live or online activity for AMA PRA Category 1 Credits™. Health Professionals: participants may claim hours to receive a Certificate of Participation for an activity designated for AMA PRA Category 1 Credits™. Method of Participation: for successful completion of activity and subsequent awarding of credits, individuals are required to participate in the entire activity and complete an attestation form, as well as an activity evaluation form. Send questions: contact@telehealth.org.
Marriage and Family Therapy
New York State Education Department’s State Board for Marriage & Family Therapist (NY MFT)
New York State Education Department’s State Board for Marriage & Family Therapist (NY MFT)Telehealth.org 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-0104.
Other States. Many states do not require pre-approval of continuing education offerings for MFTs. Many states also accept courses that are offered by providers who have formally been approved by ACCME (physicians) APA (psychologists), ASWB (social workers) and NBCC (counselors), such as Telehealth.org. Please send the URL to this page to our licensing Board to ask if they will approve our course(s) to meet your requirements. Write to us if you need our help.
Psychology
American Psychological Association (APA)
American Psychological Association (APA)Telehealth.org is approved by the American Psychological Association to sponsor Continuing Education for psychologists. Telehealth.org maintains responsibility for this program and its content.
New York State Education Department’s State Board for Licensed Psychologists (NY PSY)
New York State Education Department’s State Board for Licensed Psychologists (NY PSY)Telehealth.org is recognized by the New York State Education Department’s State Board for Psychology as an approved provider of continuing education for licensed psychologists #PSY-0193.
Social Work
Association Of Social Work Boards (ASWB)
Association Of Social Work Boards (ASWB)Telehealth.org, Provider #1328, is approved as a provider for social work continuing education by the Association of Social Work Boards (ASWB) www.aswb.org, through the Approved Continuing Education (ACE) program. Telehealth.org maintains responsibility for the program. ASWB approval period: 11/18/2022 – 11/18/2025. Social workers should contact their regulatory board to determine course approval for continuing education credits. Please note that ASWB does not award CE hours for training related to marketing.
Canadian Social Workers
Canadian Social WorkersSocial workers registered in Canadian provinces may accept activities approved by ASWB for ongoing professional development. Please check with your college or Board and send them to this webpage along with the course description of the course(s) you are considering. Ask for a review to determine if our training is acceptable for your registration.
New York State Education Department’s State Board For Social Work (NY SWB)
New York State Education Department’s State Board For Social Work (NY SWB)Telehealth.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-0752.
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All of your training, right here at Telehealth.org!
Pay once for a full year of unlimited multi-modal training, accessible 24/7
√ All OnDemand Training
√ All LIVE, Interactive Webinars
√ Supporting Documents
√ 24-Hour Access
√ 12 LIVE, Interactive Group Tele-Consults
Additional benefits include:
√ Preferred All-Access Pass Telephone & Email Support
Access all training, your BCTP-III Certificate & 12 LIVE, interactive, group Tele-Consults for one year!
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