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The Legal and Ethical Game Show Challenge:

Are You Smarter Than A Fifth Grader?*

Clifton Mitchell, Ph.D.

423-854-9211, 423-930-3677 cell

email: cliftmitch@

website:

General Information on the Legal and Ethical Game Show Training

Say good-bye to dull legal and ethical trainings! I am very excited to introduce my latest legal and ethical training using a game show format. This style of presentation grew out of recognition that most mental health professionals do not need another lecture on typical legal and ethical topics. What has been needed is a fun, stimulating way to review and learn from what they already know. Participants are broken into teams and each team has an electronic remote that sends the team's answer to questions to a computer that keeps scores. Answers from teams are scored, graphed, posted, and discussed. Sponsors can provide prizes to the winning team. In one format, questions are presented on a Jeopardy-style screen where categories are chosen and questions get harder as point values increase. The full-day training includes a Family Feud component. This presentation can accommodate any size audience. For large audiences, a gallery is created in the back of the room and play along as desired. The questions posed have been years in development and often focus on lesser-known aspects of legal and ethical quandaries.

Evaluations for this training have been exceptionally positive. Audience members have had a wonderful time discussing and working through perplexing questions. I have never seen a training format that stimulated so much discussion and where time flew by so fast. All legal and ethical questions are designed for all mental health settings and guilds including counseling, social work, psychology, marriage and family, psychiatry, drug and alcohol, case management, etc. This program is available in a 3 or 6-hour format. For large audiences morning and afternoon sessions could be advertised and attendees could choose the most convenient session to attend. For more information please visit: .

*Alternate Titles (edit as appropriate)

Fun With Ethics: The Legal and Ethical Game Show Challenge

The Legal and Ethical Game Show: Are You Smarter Than A Fifth Grader?

Achieving Ethical Excellence: Are You Smarter Than A Recent Graduate

Know Your Ethics: The Legal and Ethical Game Show Challenge

Assess Your Knowledge: The Legal and Ethical Game Show (Challenge)

The Legal and Ethical Challenge: Fun Training Using a Game Show Format

The Legal and Ethical Challenge: Are You Smarter Than A Fifth Grader?

Short Description (50 words, edit as needed)

Get your annual legal and ethical CE training in a dynamic, entertaining game show format! This program is designed to test your legal and ethical knowledge while exploring how to manage some of the most perplexing legal and ethical quandaries. The material is applicable to all disciplines, practices, and states. For more information please visit: .

Longer Description (71 words, edit as needed)

Get your annual legal and ethical CE training in a dynamic, entertaining game show format! This program is designed to test your legal and ethical knowledge while having lots of fun! Management of some of the most perplexing legal and ethical quandaries will be explored. Topics include child abuse, confidentiality, dual relations, suicide, duty to warn, elder abuse, HIPAA, and more. The material is applicable to all disciplines, practices, and states. For more information please visit: .

Even Longer Description (170 words, edit as needed)

Say good-bye to dull legal and ethical trainings and get your annual legal and ethical CE training in a dynamic, entertaining game show format! This presentation grew out of a recognition that most mental health professionals do not need another lecture on typical legal and ethical topics. What has been needed is a fun, stimulating way to review and learn from what they already know. Participants are broken into teams and each team has an electronic remote that sends the team's answer to legal and ethical questions presented. Answers from teams are graphed, posted, and discussed. A computer keeps scores for all to see. Questions are presented in various formats including Jeopardy-style where categories are chosen and questions get harder as point values increase. Management of some of the most perplexing legal and ethical quandaries will be explored. Topics include child abuse, confidentiality, dual relations, suicide, duty to warn, elder abuse, HIPAA, and more. The material is applicable to all disciplines, practices, and states. For more information please visit: .

Legal and Ethical Program Objectives:

Upon completion of this training, participants will be able to:

1. Explain legal and ethical requirements surrounding informed consent.

2. Explain numerous situations when confidentiality should and should not be broken.

3. Explain the differences between child abuse, rape, and statutory rape and

mental health professional’s duty relative to each under the codes and laws.

4. Explain specific instances when duty to warn is mandated and the complications

presented by specific codes and laws.

5. Explain the pitfalls and complexities posed by dual relationships.

6. Explain what constitutes elders abuse and professionals duties regarding

reporting.

Audio Visual Equipment Needs and Room Set Up

As the audio-visual needs and room set up are important for a successful game show training, please contact me if there are any questions.

Note: As the L & E Game Show tends to create much discussion among participants, it is recommended that this presentation not be assigned a room that is adjacent to another presentation where sound can penetrate walls. The audience laugher and enthusiasm can disturb other presenters.

1) A LCD projector and screen and hookups. I will bring my own computer. IMPORTANT:

1. It is critical that all audience members can easily see the projector screen and 2. For

this presentation I must have my computer on a lectern next to me in order to

control the game show. I cannot have the computer placed next to a projector in front of

the screen. For the game show I cannot operate the computer with a standard wireless

presenter. Thus, please verify that the facility has a VGA cord that will go from the

projector to a lectern placed to the side of the screen. This is critical for the game show

presentation.

2) A wireless lapel microphone. I am constantly moving to and from the audience.

3) A flip chart or a large dry marker board and markers to keep scores.

4) A table from which sell books on left of stage from audience perspective.

5) A stool to sit on. (I have bad knees!)

6) I will need a lectern on the left side of stage from audience perspective from which to

work with an additional small table to the immediate side. The lectern should be placed

to the left side from audience perspective such that everyone must be able to see the

screen.

7) If possible it is beneficial to have table reservation stands which I can use to attach each

team's name to keep track of everything. This is not absolutely necessary.

8) If long tables, I have found it is best to have tables in two rows with an isle down the

middle. The first 4 rows on each side will make up the 8 teams.

9) If round tables, they should be arranged such that there are 8 in front of the stage in a

circular pattern and such that everyone can see the projector screen.

General Time Schedule (3 or 6-hour presentation)

Fun with Ethics: The Legal and Ethical Game Show Challenge

Clifton Mitchell, Ph.D.

Opening

Introduction, Instructions, and Rules of Play

Round 1: General Questions --Topics Include:

Aspirational /Virtue ethics

Dual Relationships

Elder Abuse

Insurance Fraud

Treatment Mandates

Suicide obligations

Advertisements

HIPAA

Duty to Treat

Suicide Liability

Sex with Supervisees

Round 2: Jeopardy-Style Play -- Topics Include:

Informed Consent

Confidentiality

Court Records

50¢ Terms

Dual Relationships

Pot Luck

Family Feud-Style Play -- Topics Include:

Duty to Warn

Child Abuse

Therapist Stress

Elder Abuse

Confidentiality

Informed Consent

Malpractice

Round 3: Jeopardy-Style Play -- Topics Include:

Child Abuse

Statutory Rape

HIPAA

Duty to Warn

Malpractice

Famous Cases

Scope of Practice

Confidentiality

Summary and Concluding Discussion

Brief Bio (edit as needed, 50 words)

Clifton Mitchell Ph.D. is an international clinical trainer and keynote speaker who has trained thousands of mental health professionals in the management of difficult, perplexing legal and ethical for over 17 years. He is currently a professor Emeritus at East Tennessee State University where he received the Teacher of the Year award in 2002. For more information please visit: .

Brief Bio (edit as needed, 95 words)

Clifton Mitchell Ph.D., is an international clinical trainer and keynote speaker who has a love for teaching and over 23 years of training experience. He has taught and written on legal and ethical issues for over 17 years. He has trained thousands of mental health professionals in the management of difficult, perplexing legal and ethical issues and is now introducing his latest training in an exciting, dynamic game show format. Dr. Mitchell is currently a professor Emeritus at East Tennessee State University in Johnson City, Tennessee where he received the Teacher of the Year award in 2002. For more information please visit: .

Long Bio (edit as needed, 252 words)

Clifton Mitchell Ph.D., is an international clinical trainer and keynote speaker who has a love for teaching and over 23 years of training experience. He delivers practical information in a uniquely entertaining, fast-paced style that is filled with humor and examples from his experience in mental health. He has trained thousands of mental health professionals in the management of difficult, perplexing legal and ethical issues and is now introducing his latest training in an exciting, dynamic game show format. He is also known for his seminars on methods for dealing with resistance in therapy which are based on his book, Effective Techniques for Dealing with Highly Resistant Clients, in which he presents cutting-edge approaches for managing psychological resistance. He has also been the keynote speaker at conventions and taught hundreds of mental health organizations, businesses, leadership groups, and civic organizations effective techniques for improving communications and for creating change through the precise use of language. He has published in numerous professional journals including the Psychotherapy Networker, Psychotherapy in Australia, Journal of Personality Assessment, Perceptual and Motor Skills, Psychology and Education, Journal of Psychological Type, The Professional School Counselor, Vistas, and The Advocate. His research includes investigations of therapeutic resistance, legal and ethical issues in counseling, subliminal message tapes, stress and coping, PMS, and personality types. His ideas and writings have also been published in Men’s Health Today and Barron’s Financial Weekly. Dr. Mitchell is currently a professor Emeritus at East Tennessee State University in Johnson City, Tennessee, where he received the Teacher of the Year award in 2002. For more information please visit: .

No Recording Policy Regarding This Training

When I started the planning the Legal and Ethical Game Show, I told my wife I could plan the training in three months. It took over two years to develop. I had to develop L & E questions that had definitive answers, that worked across all the guilds, and that managed the differences in state laws. This was a formidable task. I almost gave up on the possibility of being able to do this twice. The task required that read and reviewed a mass of legal and ethical material. I sorted through over 2000 questions of which most were rejected. I filtered down to 110 questions that were test marketed and then cut down to about 65. These questions are the heart and soul of this workshop. In addition, I had to learn and configure the audience response system to work for this type of program. I have had to overcome numerous technical nightmares. I know two other mental health trainers that called me and attempted to do what I have done with other material. Both gave up on developing their trainings because of the difficulties.

I am the only person in country with a L & E training in this style. What I have developed is unique and I must keep tight control over the content to protect my investment. A number of people have tried to get my material, but I do not release it. Thus, I do not allow any audio or video recording of the L & E Game Show training and do not provide handouts of my questions. I am sure you understand that, if a recording is made, I lose control of the content. Once you experience the training, I am certain you will understand my position.

Relevant License: Licensed Psychologist, Tennessee, #P1759 (Retired)

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Recently it appears that various guilds (APA, ACA, AAMFT, NASW, etc.) are increasingly demanding statements & references regarding the material included in this training and relevance to diversity. The statements below are written in an attempt to provide material to satisfy these demands.

This training will test the knowledge of participants across an array of dimensions. Situations presented are designed to address less commonly known nuances regarding the legal and ethical situations. Topics addressed in this training include: Aspirational/Virtue Ethics, Duty to Warn, Child Abuse, Therapist Stress, Insurance Fraud, Suicide Liability, Advertisements, Duty to Treat, Elder Abuse, Confidentiality, Informed Consent, Malpractice, Statutory Rape, Dual Relationships, Sex with Supervisees, HIPAA, Scope of Practice, Legal Terms, as well as a review of legal cases.

Diversity Statement: This training includes questions and discussion regarding therapists’ duty to treat relative to client religion, sexual orientation, etc. and countertransference issues. Recent court rulings as well as rules of laws and ethical codes governing therapists’ duties to treat in private practice and agencies will be presented. Also addressed will be rights of minors in cases of statutory rape, rape, pregnancy, child abuse, and court records.

References

American Association of Marital and Family Therapy (2015). American Association of Marital and Family Therapy code of ethics. Alexandria, VA: Author.

American Counseling Association. (2014). Code of ethics and standards of practice.

Alexandria, VA: Author.

American Nurses Association, (2015) Code of Ethics for Nurses, with Interpretive Statements, Silver Spring, MD: American Nurses Association, , publishers.

American Psychological Association (2003). Ethical principles of psychologists and code of conduct.

Washington, DC: Author.

Berger, S. E., & Berger, M. A. (2015). States laws determine liability in duty to warn. The National Psychologist, 24(5), 5.

Herlihy, B. J., Hermann, M. A., & Greden, L. R. (2014). Legal and ethical implications of using religious beliefs as the basis for refusing to counsel certain clients. Journal of Counseling and Development, 92(2), 148-153.

Child Abuse Prevention and Treatment Act (Jan. 1996 version), 42 U.S.C. 5101, et seq.

Collins, N., & Knowles, A. D. (1995). Adolescents’ attitudes toward confidentiality between the school counsellor and the adolescent client. Australian Psychologist, 30, 179-182.

Corey, G., Corey, M. S., Corey, C., & Callanan, P. (2014). Issues and ethics in the helping profession (9th ed.). Pacific Grove, CA: Brooks/Cole.

Croxton, T. A., Churchill, S. R., & Fellin, P. (1988). Counseling minors without parental consent. Child Welfare, 67(1), 3-14.

Donovan, P. (1998). Caught between teens and the law: Family planning programs and statutory rape reporting. The Guttmacher Report on Public Policy, 1(3). Retrieved February 2, 2002 from gr010303,html.

Fischer, L., & Sorenson, G. P. (1996). School law for counselors, psychologists, and social workers (3rd ed.). White Plains, NY: Longman.

Garner, B. A. (Ed.). (1999). Black’s law dictionary (7th ed.). St. Paul, MN: West Group.

Harris, S. E., & Kurpius, S. E. R. (2014). Social networking and professional ethics: Client searches, informed consent, and disclosure. Professional Psychology: Research and Practice, 45(1), 11-19.

Kaczmarek, P. (2000). Ethical and legal complexities inherent in professional roles with children and adolescent clients. Counseling and Human Development, 33(1), 1-21.

Kaplan, D. M. (2014). Ethical implications of a critical legal case for the counseling profession: Ward v. Wilbanks. Journal of Counseling and Development, 92(2), 142-146.

Lawrence, G., & Kurpius, S. E. R. (2000). Legal and ethical issues involved when counseling minors in nonschool settings. Journal of Counseling & Development, 78, 130-136.

Ledyard, P. (1998). Counseling minors: Ethical and legal issues. Counseling and Values, 42, 171-177.

Mitchell, C. W. (2012). The limits of confidentiality: The duty to report and to warn. Psychotherapy Networker, 36(4), 46-47.

Mitchell, C. W., & Disque, J. G. (2010). Managing therapeutic resistance which results from incompatible roles. Article_50.pdf

Mitchell, C. W., Disque, G., & Robertson, P. (2003). When parents want to know: Methods for dealing with parental demands for confidential information. The Professional School Counselor, 6(2), 156-161.

Mitchell, C. W., & Rogers, R. (2003). Rape, statutory rape, and child abuse: Legal distinctions and counselor duties. The Professional School Counselor, 6(5), 332-338.

NAADAC, the Association for Addiction Professionals (2016). NAADAC/NCC AP Code of Ethics. Alexandria, VA: NAADAC.

National Board Certified Counselors (NBCC). (2012) NBCC Code of Ethics. Greensboro, NC: NBCC

Plante, T. G. (2016). Reimbursement diagnoses may be co-morbid. The National Psychologist, 25(3), 10, 15.

Rules and Regulations of the State of Tennessee, Chapters 1180-1, 1180-2, 1180-3, and 1180-4,

Sealander, K. A., Schwiebert, V. L., Oren, T. A., & Weekley, J. L. (1999). Confidentiality and the law. Professional School Counseling, 3, 122-127.

Sude, M. E. (2013) Text messaging and private practice: Ethical challenges and guidelines for developing personal best practices. Journal of Mental Health Counseling: 35(3), 211-227.

Tennessee Code Annotated, Title 63, Chapter 11

Welfel, E. R. (2015). Ethics in counseling and psychotherapy (6th ed.). Pacific Grove, CA: Brooks/Cole.

Wise, E. H., & Paprocki, C. (2014). Informed consent: Ethical challenges and opportunities. The National Psychologist, 23(6), 10.

Workers, N. A. (2008). NASW Code of Ethics (Guide to the Everyday Professional Conduct of Social Workers). Washington, DC: NASW.

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