Articles by Legal Department Staff

The Legal Department articles are not intended to serve as legal advice and are offered for educational purposes only. The information provided should not be used as a substitute for independent legal advice and it is not intended to address every situation that could potentially arise. Please be aware that laws, regulations and technical standards change over time. As a result, it is important to verify and update any reference or information that is provided in the article.

Articles by Ann Tran-Lien, JD, Managing Director Legal Affairs

 Releasing Records In The Age of Adolescent Consent (1/28/2019) 
   California is one of many states that allow for minors to consent to certain healthcare on their own. This article will discuss issues related to minors’ rights to consent to mental health treatment and disclosure of minors’ confidential treatm
 The New Associate Title What Registrants Need to Know (12/17/2018) 
   Supplemental Items for “The New Associate Title: What Registrants Need to Know
 Critical Reminders for Interns and Trainees (12/17/2018) 
   Critical Reminders for Interns and Trainees
 Marriage and Family Therapy Professional Corporations Common Questions Answered (6/4/2018) 
   Understanding the purpose and structure of a marriage and family therapy professional corporation may help marriage and family therapists decide whether, and when to form a professional corporation in their own circumstance. This article is int
 How Does the Exam_Restructure_Affect_You (11/14/2017) 
   Effective January 1, 2016, the examination structure for LMFTs will be changing. This article and the accompanying chart provide an explanation of the new exam structure and the factors which determine whether and when an LMFT applicant is required t
 Working Like a Dog Legal Considerations for Therapy Dogs (9/1/2017) 
   This article discusses a recent Board of Behavioral Sciences (BBS) case related to animal assisted therapy.
 Emails Texts and HIPAA (5/1/2017) 
   Therapists have the legal and ethical duty to maintain patient confidentiality and take reasonable steps to ensure patient confidential information maintained by the therapist is secured. This article discusses how to comply with HIPAA’s Security Rul
 Medi-Cal Medicare and how LMFTs Fit In (4/3/2017) 
   This article offers an overview on how LMFTs and Registered Interns can provide services to Medicare beneficiaries in California, and CAMFT's recent advocacy efforts with respect to Medicare.
 Quantifying Parity (1/2/2017) 
   Nonquantitative treatment limitations are explored, with examples for policy provisions that may require further analysis by enforcement agencies to determine if the plan is in compliance with the mental health parity requirements of MHPAEA.
 The Practice of Marriage_and_Family_Therapy_Across_State_Lines (9/30/2016) 
   The Practice of Marriage and Family Therapy Across State Lines
 Checklist for Telehealth (9/30/2016) 
   Checklist Provision of Telehealth in California
 Regulatory Legal Considerations for Telehealth (9/30/2016) 
   California law has long recognized telehealth as a form of delivery of health care and behavioral health services, but many psychotherapists practicing in the state, including CAMFT members, have inquired as to the standards surrounding the ren
 Waging a Claim Over Wages (5/1/2016) 
   This article provides a brief discussion of the process and procedures for a wage claim filed with the California Labor Commissioner.
 New Laws Affecting Employers Employees and Volunteers (2/5/2016) 
   This article provides general information about California's new paid sick leave law and the new amendments to California's law that prohibit unlawful discrimination and harassment in the workplace.
 Labor Board Sets Precedent for California Internships (5/1/2015) 
   The Labor Commissioner of California issued a ruling that will help employers determine whether an intern can be classified as a volunteer or as an employee.
 Recent Labor Board Ruling Sets Precedent for California Internships (5/1/2015) 
   The case, Johanna Workman v. Regents of the University of California, San Francisco Branch, harmonizes with CAMFT’s interpretation of California’s labor laws and our general recommendation to classify Associate MFTs as W-2 employees.
 Pathways to Becoming a Medi-Cal Provider (2/2/2015) 
   This article demonstrates the different pathways available to LMFTs and Registered Interns who are interested in working with clients in the Medi-Cal behavioral health system.
 A Patients Right to Records Under HIPAA (9/1/2014) 
   A Patient's Right to Access Mental Health Records Under HIPAA Ann Tran-Lien, JD, discusses a patient's right to access his or her confidential mental health information under the Health Insurance Portability and Accountability Act of 1996
 Law and Ethics of the Therapy Practice Two Vignettes to Consider (5/7/2014) 
   Law and Ethics of the Therapy Practice: Two Vignettes to Consider by Ann Tran-Lien, JD, Staff Attorney
 Ten Reminders for Therapists About Fees (5/2/2014) 
   Ten Reminders for Therapists About Fees
 Not a Trainee But Not Yet an MFT How to Advertise (5/1/2014) 
   Not a Trainee But Not Yet an MFT How to Advertise. Ann Tran Lien, JD, Staff Attorney
 Recent Trends and Hot Topics in the Internship World (3/21/2014) 
   Recent Trends and Hot Topics in the Internship World. Ann Tran-Lein
 A Look at the Child Abuse and Neglect Reporting Act (1/2/2014) 
   This article discusses the CANRA definitions and terms you should know and your obligations as required by this law.
 Supervisors' Most Commonly Asked Questions (7/1/2013) 
   Supervisors' Most Commonly Asked Questions By Ann Tran-Lien, JD, Staff Attorney
 Ten Advertising Mistakes Made by Therapists (4/15/2013) 
   Ten Advertising Mistakes Made by Therapists by Ann Tran-Lien, JD, Staff Attorney. Updated April 2013
 Reasonable Accommodations and Emotional Support Animals (1/1/2013) 
   By Ann Tran, CAMFT Staff Attorney. Federal and California laws recognize emotional support animals as reasonable accommodations for people with disabilities for purposes of housing and travel.
 Avoiding Antitrust Problems in Practice (9/1/2012) 
   Avoiding Antitrust Problems in Practice By Ann Tran-Lien, JD, Staff Attorney
 Emailing Your Client Legal and Ethical Implications (5/1/2012) 
   By Ann Tran-Lien, JD, Staff Attorney While no California law prohibits e-mailing communications between a therapist and a client, it is important for therapists to consider the legal and ethical ramifications pertaining to this issue.
 FAQs The LPCC Grandparenting Requirements (12/1/2011) 
   The LPCC Grandparenting Requirements
 Barriers, Psychotherapy, and the ADA (6/1/2011) 
   Learn how the ADA affects you and your professional practice when approached by a potential client with a disability.
 Connect with CAMFT (10/11/2010) 
   Are there questions you may have for the Association that go unanswered because you aren't quite sure where to get the answers? This article addresses some common questions we receive from members about the Association.
 The Basics of Forming a Non-Profit Counseling Corporation (11/25/2009) 
   Many therapists understand the importance of non-profits to communities and they even desire to start new non-profits, but they may not know where to begin. This article discusses the basics of organizing an non-profit public benefit counseling corpo
 A Comparative Analysis MFT (6/1/2009) 
   A marriage and family therapist???s scope of practice varies from state to state. This article will focus solely on what is contained within the specific definition of a state???s MFT scope of practice. One must be mindful that the scope of practice
 California Professional Corporations and the S Corporation (3/1/2009) 
   If you are a licensed mental health professional who wants to establish a private practice, an essential first step is to choose which business structure would be most suitable for your business. In California, licensed professionals are not permitte