Creating a legal ethical and enjoyable business Presented at the Texas Counseling Association Annual Conference November 2013 Kate Walker PhD LPCS LMFT S Judy DeTrude PhD LPCS LMFT S ID: 613938
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DIY private practice: Creating a legal, ethical, and enjoyable businessPresented at the Texas Counseling Association Annual Conference November 2013
Kate Walker Ph.D. LPC-S LMFT SJudy DeTrude Ph.D. LPC-S LMFT SSlide2
Objectives TodayReview current Texas laws pertaining to private practice, marketing, and record keeping including but not limited to 681.41, 681.52, and 681.72. FormsNote and filingAdvertisingAdding additional streams of incomeEfficient practice managementEnjoyableParticipate in an interactive learning process to discuss various private practice issues and solutions.
Resources!!!Copyright 2013 achievebalance.org User May Not Copy or Transfer Slide3
3 QuestionsWhat are three things you expect to learn from this presentation today?Copyright 2013 achievebalance.org User May Not Copy or Transfer Slide4
VideoCopyright 2013 achievebalance.org User May Not Copy or Transfer Slide5
PremiseLegal and ethical office managementEfficient use of timeCreate other streams of incomeMore
enjoyable practice and life
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What does the law say?About Private practiceSubchapter B681.31 DefinitionsCopyright 2013 achievebalance.org User May Not Copy or Transfer Slide7
What can you do in private practice?Copyright 2013 achievebalance.org User May Not Copy or Transfer Individual counselingGroupMarriageFamily
Chemical dependencySlide8
What can you do in private practice?RehabilitationEducationCareer developmentSexual issuesReferral counseling
PsychotherapyCopyright 2013 achievebalance.org User May Not Copy or Transfer Slide9
What can you do in private practice?Copyright 2013 achievebalance.org User May Not Copy or Transfer Play therapyHypnotherapyExpressive therapies
BiofeedbackAssessing/appraisingConsultingSlide10
What can you do in private practice?Parent CoordinationParent FacilitationCopyright 2013 achievebalance.org User May Not Copy or Transfer Slide11
What does the law say?About forms and record keeping?681.41 e – f defines the counseling relationship in writing p – the definition of a noteq – storage timez – defines maintaining confidentiality (affects storage, communication, and release)
Also in 681.45Health and safety code chapter 611HIPPA (for covered entities)Copyright 2013 achievebalance.org User May Not Copy or Transfer Slide12
What does the law say?What if I’m not a ‘covered entity?’Texas HB 300 – Affects ANYONE who comes into possession of PHIHEALTH AND SAFETY CODE TITLE 2. HEALTH SUBTITLE I. MEDICAL RECORDS CHAPTER 181. MEDICAL RECORDS PRIVACY SUBCHAPTER A. GENERAL PROVISIONSCopyright 2013 achievebalance.org User May Not Copy or Transfer Slide13
What does the law say?About marketing and advertising?681.41 a – d no deceptive advertisingh – no payment for referralsi – no personal gain at the EXPENSE of a client (so get rid of those testimonials)l – no former coworkers, current friends. Ask yourself the worst case scenario question.
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What does the law say?About marketing and advertising?681.47 – you may use an assumed nameCopyright 2013 achievebalance.org User May Not Copy or Transfer Slide15
What does the law say?About marketing and advertising?681.49 – Advertising and announcementsDon’t be deceptive!Don’t call yourself something you’re not or a use a credential that doesn’t exist (Ph.D. ABD) You can use other degree information, but why?Copyright 2013 achievebalance.org User May Not Copy or Transfer Slide16
What does the law say?About marketing and advertising?681.49 – Advertising and announcementsLPC interns Counselors holding a temporary license shall indicate intern status on all advertisements, billing, and announcements of counseling treatment by the use of the term "LPC Intern." On all advertisements, billings and announcements of counseling treatment by an LPC Intern, the intern's name shall be followed by the name of the supervisor, along with the address and phone number in the same type size and font. Copyright 2013 achievebalance.org User May Not Copy or Transfer Slide17
What does the law say?About multiple streams of income?681.41 j – you MAY promote other business activities to clients if it could benefit themAmazon affiliate – recommended readingA pamphlet you wroteProduct with a health benefit?
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Adding a Training InstituteSupervision WorkshopsThe requirements of the licensure groupsBeing approved and advertised on the licensure sites681.93C1 how to become a supervisorC1A requirements for a supervision workshopProposed Rules4 hours of supervision per year8 per two year renewal cycle
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Ethical Issues and Lessons LearnedAbsencesOld policyNew policyAssignmentsOld policyNew policyInappropriate behaviorCopyright 2013 achievebalance.org User May Not Copy or Transfer Slide20
Online CoursesGeneric mental health coursesSupervision coursesCriteriaPassing/failing
Approved provider for Texas681.42 application to be a provider; length of renewal681.145 determination of clock hours and audits
Examples of issues
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Consultation GroupsClinical consultationContract members must attendSupervision consultationDifficult to find common timeMost are individual
Continuous learningCopyright 2013 achievebalance.org User May Not Copy or Transfer Slide22
Webinars and Other ResourcesSupervision focusFree Paid NewslettersWebsite resourcesTopics on parenting, relationshipsCopyright 2013 achievebalance.org User May Not Copy or Transfer Slide23
PresentationsBrochure of topicsMarketing to groups/organizationsCopyright 2013 achievebalance.org User May Not Copy or Transfer Slide24
Profitable and EnjoyableEfficiency ToolsFull slate for schedulingGoogle calendarEgnyte *Ipad NotabilityPre grad counseling assistantCopyright 2013 achievebalance.org User May Not Copy or Transfer Slide25
Small Group ActivityDiscuss practice management tools you have used. Choose three to present to the large group.Copyright 2013 achievebalance.org User May Not Copy or Transfer Slide26
Profitable and EnjoyableBoundaries will save youTimeMoneyFamilySelfLicenseWhat does success mean to you?Copyright 2013 achievebalance.org User May Not Copy or Transfer Slide27
Profitable and EnjoyablePrivate Practice Primer Series:“Create Your Best Private Practice Today!”“All About Notes: Less Hassle More Happy!”“Compassion and Outreach: Marketing is Not a Bad Word!” Copyright 2013 achievebalance.org User May Not Copy or Transfer Slide28
Private Practice Primer SeriesGet the full version of “Create Your Best Private Practice Today!” the first lesson in our Private Practice Primer Series, by going to our online store at: http://www.achievebalance.org/store.htmlIf you don’t want to buy right now that’s ok, just go to
http://www.achievebalance.org/resources_counselors.php and watch a free preview.Thanks for choosing achievebalance.org!
- Dr. Kate Walker and Dr. Judy
DeTrude
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Find us on the web!Click on www.achievebalance.orgSign up for our newsletter today and receive FREE “Facing your Facebook Phobia”Check our free resources for clients and counselorsCheck out our not-for-profit Resident training department Ann’s Place at www.annsplacetexas.orgFind us on facebook at
www.facebook.com/katewalkerachievebalanceCopyright 2013 achievebalance.org User May Not Copy or Transfer Slide30
Supervisor TrainingOur next 40 hour supervisor training will be in January 2014. The course is held over two weekends:January 17 – 18 January 24 – 25Sign up today www.achievebalance.org/supervisor_training_seminars.php
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