Last Updated on: 13th October 2023, 05:17 pm

New York Lawyers for Psychologists: A Helpful Guide for Mental Health Professionals

Psychologists in New York work in a complex legal environment when it comes to confidentiality, record-keeping, and responding to subpoenas. Having a lawyer who understands the profession can help psychologists navigate these issues. This article provides a helpful overview for New York psychologists on working with lawyers.

Confidentiality and Privilege in New York

New York has a strong psychologist-patient privilege that puts communications between psychologists and clients on the same footing as attorney-client privilege. This means what clients tell their psychologists generally remains confidential.However, there are exceptions, such as cases involving child abuse and neglect. HIPAA privacy rules also apply to psychologists in New York. Psychologists need to inform clients up front about the limits of confidentiality through informed consent procedures.

Documentation and Record-Keeping

Psychologists have a duty under New York regulations and the standard of care to maintain proper records. This includes documenting critical details about the intake process, diagnosis, treatment planning, sessions, and termination. Handwritten notes must be legible. Records should be organized and secured.New York psychologists must make records available to clients upon request, with limited exceptions. HIPAA also gives clients a right to access their records.

Responding to Subpoenas

Courts may subpoena psychologists to turn over records or testify in legal cases. Psychologists have ethical duties to protect confidentiality but also to comply with lawfully issued subpoenas.When served with a subpoena, New York psychologists should consider:

• Negotiating the scope of the subpoena to protect privacy
• Asserting privilege on behalf of the client
• Filing a motion to quash the subpoena
• Turning over records in redacted form
• Requesting an in camera review by the judge

Psychologists should consult a lawyer to assist with these strategies. There are often ways to fulfill legal duties while minimizing unnecessary disclosure of sensitive client information.

Finding the Right Lawyer

Not all attorneys are familiar with the nuances of mental health law. Psychologists should look for a New York lawyer with specific experience advising mental health professionals.Things to discuss with a prospective lawyer include:

• Do they have experience advising psychologists on subpoenas and confidentiality?
• Are they familiar with HIPAA and New York mental health law?
• Will they review your intake forms, disclosures, and record-keeping practices?
• Will they provide training for you and your staff?
• Are they available for quick consultations when legal issues arise?

It is wise for psychologists to establish a relationship with a knowledgeable lawyer before encountering a crisis. Professional organizations like the New York State Psychological Association maintain referral networks that can help find qualified attorneys.

Common Legal Issues for Psychologists

Some examples of legal situations where a lawyer can help:

Licensing Complaints

If a licensing complaint or disciplinary action is filed against a New York psychologist, a lawyer can represent the psychologist through the process and help protect their reputation and livelihood.

Subpoenas for Records

Lawyers can negotiate subpoenas to minimize disclosure, file motions to quash, and assert privilege on the psychologist’s behalf.

Court-Ordered Evaluations

Judges may order psychologists to conduct evaluations in cases involving child custody, juvenile justice, and civil commitment. Lawyers help psychologists understand and comply with court orders.

Malpractice Suits

A lawyer defends psychologists if a disgruntled client files a malpractice lawsuit. The right lawyer understands common standard of care issues in psychology.

Starting a Practice

Lawyers assist psychologists with legal issues when starting a private practice, like forming a business entity, drafting HIPAA-compliant disclosure forms, and reviewing office lease agreements.

Insurance Reimbursement

Navigating insurance requirements and claim denials involves complex health law regulations. Lawyers help psychologists enforce their right to fair reimbursement.

Responding to Complaints

Lawyers represent psychologists during licensing board investigations or ethics complaints, protecting their interests in the process.

Choosing the Right Lawyer for You

The best lawyer for a psychologist has expertise in mental health law specifically. Look for a New York attorney who:

• Focuses their practice on advising mental health professionals
• Has represented psychologists in licensing and malpractice cases
• Is familiar with HIPAA, duty to warn, subpoenas, privilege, and other issues
• Offers services like document review and staff training
• Is available for quick phone consultations

The New York State Psychological Association, county bar associations, and professional networks can help find lawyers experienced with issues facing psychologists. Don’t wait for a crisis – consult with a lawyer now to protect your practice.

Conclusion

Practicing psychology in New York involves a complex legal environment around confidentiality, documentation, court orders, licensing, and standard of care. Establishing a relationship with the right lawyer can help psychologists avoid common legal missteps. Look for an attorney experienced specifically with mental health law who offers services tailored to psychologists’ needs. With the right legal guidance, New York mental health professionals can thrive in their practices while protecting their clients and minimizing risk.