This is a risk advisory to psychologists practicing in the State of Hawaii. If you are involved with divorcing families, you are at significant risk of a licensing complaint, complaint to HMSA or other third payor, or malpractice action, if you engage in the following actions:
- See children whose parents are divorcing without the explicit knowledge and involvement of both parents.
- See children without ascertaining and obtaining the informed consent of the legal guardians. Ask who is the legal guardian. In joint custody situations, both parents must provide written consent for treatment.
- Release information to a parent or any third party, including attorneys and the family court, without determining the holder of the privilege. If you release information without the consent of the legal guardian, and the release harms a party in a legal proceeding, you may be sued for malpractice or a HIPAA violation.
- Perform court appointed activities involving decision-making or reporting to the family court utilizing health insurance. This is a violation of your contract and may lead to forced reimbursements or suspension from the insurance panel.
Practice involving any of the above activities is not “competent practice” and may expose you to an American Psychological Association or HPA ethics complaint, or a RICO complaint.
Why is this advisory being broadcast? I am encountering on a weekly basis in my forensic practice local psychologists who are endangering their practice and livelihood by the unethical practices described above. The family court has made it clear that it does not intend to police psychologists’s ethical behavior. You engage in this activity at your own risk.
These warnings have been promulgated before, but psychologists have not paid heed. Please review the attached paper, presented several years ago at the Hawaii Psychological Association by Marvin Acklin and HPA President Rosemay Adam-Terem.
If you have questions, please desist in these activities immediately and seek consultation from a knowledgeable psychologist or attorney.
Marvin W Acklin, PhD
Licensed Psychologist -394
Swimming with Sharks 
