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

 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.
 How Does the Exam_Restructure_Affect_You (3/27/2017) 
   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
 Critical Reminders for Interns and Trainees (3/27/2017) 
   Critical Reminders for Interns and Trainees
 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
 Checklist for Telehealth (9/30/2016) 
   Checklist Provision of Telehealth in California
 The Practice of Marriage_and_Family_Therapy_Across_State_Lines (9/30/2016) 
   The Practice of Marriage and Family Therapy Across State Lines
 New Laws Affecting Employers Employees Volunteers (2/5/2016) 
   New Laws Affecting Employers, Employees, and Volunteers. Two major changes to California???s laws went into effect January 1, 2015 and require employers to afford employees, unpaid interns, and volunteers certain workplace benefits and protections.
 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.
 Master Checklist for MFT Licensure (2/2/2015) 
   Your Tactical Tool for Ultimate Success. The MFT licensure process can be daunting and complex. This article provides a guide for those on the road to MFT licensure.
 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
 Recent Trends and Hot Topics in the Internship World (3/21/2014) 
   Recent Trends and Hot Topics in the Internship World. Ann Tran-Lein
 Not a Trainee But Not Yet an MFT How to Advertise (2/1/2014) 
   Not a Trainee But Not Yet an MFT How to Advertise. Ann Tran Lien, JD, Staff Attorney
 A Look at the Child Abuse and Neglect Reporting Act (1/2/2014) 
   A Look at the Child Abuse and Neglect Reporting Act by Ann Tran-Lien, JD
 Ten Reminders for Therapists About Fees (1/2/2014) 
   Ten Reminders for Therapists About Fees
 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