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Legal and Ethical Issues in Screening Older Adults for Substance Abuse

credit limit =
total earned credit = +

Course Description: This course provides a comprehensive, evidence-based overview of the legal and ethical issues that arise when screening, assessing, and treating older adults for substance use disorders (SUDs). Drawing on current federal regulations, peer-reviewed literature, and public health law resources, the course addresses patient autonomy, privacy and confidentiality, the 2024 revisions to 42 CFR Part 2, mandatory elder abuse reporting, capacity and surrogate decision-making, documentation practices, and communication with family members, insurers, and the legal system.

This course is appropriate for beginning, intermediate, and advanced-level practitioners who wish to learn more about legal and ethical issues in the screening and assessment of older adults for substance use disorders. It is also a good resource for licensed therapists who need continuing education in ethics for license renewal.

Authors: Ogbonna, Lembke, Jones, Han, Chowdhury

Learning Objectives: This course will provide a professional with detailed information about the legal and ethical framework governing the screening, assessment, and treatment of older adults with substance use disorders. Specifically, the practitioner will:

  1. Identify current epidemiological trends in substance use among older adults, explain age-related physiological changes that increase vulnerability to substance-related harms, and apply the principles of patient autonomy, beneficence, nonmaleficence, and justice to the ethical screening and assessment of older adult clients.
  2. Distinguish the confidentiality protections provided by 42 CFR Part 2, HIPAA, and state privacy law as they apply to older adult SUD clients in specialized and non-specialized settings, including the major changes introduced by the 2024 Part 2 Final Rule, and apply best practices for documentation, communication with collateral sources, and response to legal inquiries.
  3. Apply the legal and clinical framework for mandatory elder abuse reporting, decision-making capacity assessment, surrogate decision-making, and capacity-maximizing strategies when working with older adults who have or are at risk for substance use disorders.

Citation: Ogbonna, C. I., & Lembke, A. (2019). Substance use among older adults: Ethical issues. Focus: The Journal of Lifelong Learning in Psychiatry, 17(2), 143–147. https://doi.org/10.1176/appi.focus.20180041; Jones, K. F., Beiting, K. J., Ari, M., Lau-Ng, R., Landi, A. J., Kelly, L., Pravodelov, V., & Han, B. H. (2023). Age-friendly care for older adults with substance use disorder. The Lancet Healthy Longevity, 4(10), e531–e542. https://doi.org/10.1016/S2666-7568(23)00174-5; U.S. Department of Health & Human Services, Office for Civil Rights & SAMHSA. (2024). Fact sheet: 42 CFR Part 2 final rule. https://www.hhs.gov/hipaa/for-professionals/regulatory-initiatives/fact-sheet-42-cfr-part-2-final-rule/index.html

This course content is based on a publication that has been peer-reviewed, the scientific standard for evaluating academic work. All studies and scientifically derived evidence have limitations that should be considered. If you have any questions about the accuracy or limitations of the content, please contact us at support@ce-classes.com and we will get back to you.
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This Ce-Classes.com course is approved for CE credit by:

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            [Name] => California Board of Registered Nursing.
            [Description] => CEP 15647 Expires 11/30/2026.
            [Category] => Nursing
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            [Name] => California Association of DUI Treatment Programs (CADTP)
            [Description] => Provider Number 231
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            [Name] => New York Social Work Board
            [Description] => - Ce-Classes.com is recognized by the New York State Education
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            [Name] => Texas Board of Professional Counselors -
            [Description] => CE-Classes.com meets the requirements for acceptable continuing education.  Effective 1/1/24, at least half of the 30 hours must be obtained from a provider listed in 801.261(f). This course meets that requirement. 
            [Category] => Professional Counselor
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            [Description] => CE-Classes.com meets the requirements for acceptable continuing education. Effective 1/1/24, at least half of the 30 hours must be obtained from a provider listed in 801.261(f). This course meets that requirement. 
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  • The American Psychological Association (APA) Ce-Classes.com is approved by the American Psychological Association to sponsor continuing education for psychologists. Ce-Classes.com maintains responsibility for this program and its content.
  • Association of Social Work Boards (ASWB) Ce-Classes.com, Provider #1142, is approved to offer social work continuing education by the Association of Social Work Boards (ASWB) Approved Continuing Education (ACE) program. Organizations, not individual courses, are approved as ACE providers. State and provincial regulatory boards have the final authority to determine whether an individual course may be accepted for continuing education credit. Ce-Classes.com maintains responsibility for this course. ACE provider approval Period: 1/5/2029
  • Social workers participating in this course will receive 3 Clinical continuing education clock hours.
  • California Board of Behavioral Sciences. The California Board of Behavioral Sciences, BBS, recognizes relevant course work/training that has been approved by nationally recognized certifying bodies, such as APA, to satisfy renewal requirements.
  • California Board of Registered Nursing. CEP 15647 Expires 11/30/2026.
  • California Association of DUI Treatment Programs (CADTP) Provider Number 231
  • California Consortium of Addiction Programs and Professionals (CCAPP) Provider Number OS-12-174-0627 Expires 6-2027
  • Florida Board of Clinical Social Work, Marriage and Family Therapy and Mental Health Counseling Provider #852 BAP-Expires 3/31/2027
  • Florida Board of Nursing (CE Provider #: 50-4896) Expires 10/31/2028 Do not send certificates to the Florida Board of Nursing. You must keep this certificate for 4 years.
  • Massachusetts Authorization Number: 230%2Flegal-and-ethical-issues-in-screening-older-adults-for-substance-abuse
  • New York Social Work Board – Ce-Classes.com is recognized by the New York State Education Department’s State Board for Social Work as an approved provider of continuing education for licensed social workers #SW-0120.
  • Ohio Counselor, Social Worker and Marriage and Family Therapist Board – Approval from a state licensing board for counselors, social workers, marriage and family therapists is accepted by the OH CSWMFTB.
  • Texas Board of Professional Counselors – CE-Classes.com meets the requirements for acceptable continuing education. Effective 1/1/24, at least half of the 30 hours must be obtained from a provider listed in 801.261(f). This course meets that requirement.
  • Texas Board of Social Work Examiners – CE-Classes.com meets the requirements for acceptable continuing education. Effective 1/1/24, at least half of the 30 hours must be obtained from a provider listed in 801.261(f). This course meets that requirement.
  • This course is NOT available for NBCC credit.

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Approved by the Following Agencies

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Approved Provider
NBCC
APA
Florida
BBS