Law & Mental Health Professionals

by O'Neill, George W.; Lochow, Michael R.

• ISBN13: 9781557987648
• ISBN10: 1557987645
• Format: Hardcover
• Copyright: 2001-05-01
• Publisher: Amer Psychological Assn

Summary

The Law & Mental Health Professionals series is designed to provide a resource for both mental health professionals and attorneys regarding mental health law in each state. The series presents the laws addressing many areas pertinent to mental health professionals. Some of the issues discussed include setting up a private practice, working with health care provider organizations, understanding the duty to warn, and understanding the duty to report abuse and neglect of children and adults. The Law & Mental Health Professionals series is a concise and easy-to-understand resource outlining the obligations and responsibilities of mental health professionals according to the law in any given state.

Table of Contents

Editors' Preface	ix
Authors' Preface	xv
Acknowledgments	xvii
Legal Credentialing	1	(62)
Licensure and Regulation of Mental Health Professionals	3	(4)
Licensure and Regulations of Psychiatrists	7	(10)
Licensure and Regulation of Psychiatric Nurses	17	(7)
Licensure and Regulation of Psychologists	24	(7)
Subdoctoral and Unlicensed Psychologists	31	(2)
Licensure and Regulation of Social Workers	33	(6)
Certification and Regulation of School Psychologists	39	(1)
Certification of School Counselors and School Social Workers	40	(1)
Licensure and Regulation of Marriage and Family Counselors	41	(1)
Licensure of Addiction Counselors	42	(5)
Licensure and Regulation of Counselors	47	(6)
Licensure and Regulation of Hypnotists	53	(1)
Licensure and Regulation of Polygraph Examiners	54	(4)
Regulation of Unlicensed Mental Health Professionals	58	(1)
Sunset of Credentialing Agencies	59	(1)
The Committee on Protection and Advocacy	60	(3)
Business Matters	63	(34)
Sole Proprietorships	65	(1)
Professional Corporations	66	(4)
Partnerships	70	(6)
Health Maintenance Organizations	76	(4)
Preferred Provider Organizations	80	(2)
Individual Practice Associations	82	(1)
Hospital, Administrative, and Staff Privileges	83	(1)
Zoning for Community Homes	84	(1)
Insurance Reimbursement for Services	85	(4)
Mental Health Benefits in State Insurance Plans	89	(1)
Tax Deductions for Services	90	(2)
Professional Organizations	92	(5)
Limitations on and Liability for Practice	97	(40)
Informed Consent for Services	99	(3)
Extensiveness, Ownership, Maintenance, and Access to Records	102	(5)
Confidential Relations and Communications	107	(5)
Privileged Communications	112	(2)
Search, Seizure, and Subpoena of Records	114	(3)
State Freedom of Information Act	117	(1)
Right to Refuse Treatment	118	(1)
Regulation of Aversive and Avoidance Conditioning	119	(1)
Quality Assurance for Hospital Care	120	(2)
Malpractice Liability	122	(3)
Other Forms of Professional Liability	125	(3)
Criminal Liability	128	(4)
Liability of Credentialing Boards	132	(2)
Antitrust Limitations to Practice	134	(3)
Families and Juveniles	137	(92)
Competency to Marry	139	(2)
Guardianship for Adults	141	(5)
Conservatorship for Adults	146	(6)
Annulment	152	(2)
Divorce	154	(3)
Child Custody After Marital Dissolution	157	(7)
Reporting of Adult Abuse	164	(4)
Reporting of Child Abuse	168	(4)
Abused and Neglected Children	172	(6)
Termination of Parental Rights	178	(3)
Guardianship for Minors	181	(3)
Conservatorship for Minors	184	(3)
Foster Care	187	(4)
Adoption	191	(8)
Delinquency and Persons in Need of Supervision	199	(6)
Competency of Juveniles to Stand Trial	205	(4)
Nonresponsibility Defense	209	(2)
Transfer of Juveniles to Stand Trial as Adults	211	(3)
Voluntary Admission and Commitment of Minors	214	(3)
Education for Gifted and Handicapped Children	217	(4)
Consent, Confidentiality, and Services for Minors	221	(3)
Consent for Abortion	224	(3)
Evaluation and Treatment of Children at the Request of a Noncustodial Parent	227	(2)
Other Civil Matters	229	(36)
Mental Status of Licensed or Certified Professionals	231	(4)
Workers Compensation	235	(5)
Vocational Disability Determinations	240	(3)
Emotional Distress as a Basis for Civil Liability	243	(3)
Insanity of Wrongdoers and Civil Liability	246	(3)
Competency to Contract	249	(2)
Competency to Sign a Will	251	(2)
Competency to Vote	253	(1)
Competency to Obtain a Driver's License	254	(2)
Product Liability	256	(3)
Unfair Competition	259	(3)
Employment Discrimination	262	(3)
Civil and Criminal Trial Matters	265	(28)
Jury Selection	267	(7)
Expert Witnesses	274	(4)
Polygraph Evidence	278	(2)
Competency to Testify	280	(3)
Psychological Autopsy	283	(2)
Battered Women's Syndrome	285	(2)
Rape Trauma Syndrome	287	(1)
Hypnosis of Witnesses	288	(2)
Eyewitness Identification	290	(3)
Criminal Matters	293	(58)
Screening of Police Officers	295	(2)
Competency to Waive the Rights to Silence, Counsel, and a Jury	297	(3)
Precharging and Pretrial Evaluations	300	(1)
Bail Determinations	301	(3)
Competency to Stand Trial	304	(5)
Provocation	309	(1)
Mens Rea	310	(2)
Diminished Capacity	312	(2)
Criminal Responsibility	314	(5)
Competency to Be Sentenced	319	(1)
Sentencing	320	(1)
Probation	321	(1)
Dangerous Offenders	322	(1)
Habitual Offenders	323	(1)
Competency to Serve a Sentence	324	(1)
Mental Health Services in Jails and Prisons	325	(1)
Transfer from Penal to Mental Health Facilities	326	(2)
Parole Determinations	328	(3)
Competency to Be Executed	331	(1)
Pornography	332	(2)
Services for Sex Offenders	334	(10)
Services for Victims of Crimes	344	(7)
Voluntary or Involuntary Receipt of State Services	351	(30)
Medicaid	353	(2)
Health Care Cost Containment System	355	(1)
Voluntary Admission of Mentally III Adults	356	(2)
Involuntary Commitment of Mentally III Adults	358	(14)
Voluntary Admission and Involuntary Commitment of Alcoholics	372	(2)
Voluntary Admission and Involuntary Commitment of Drug Addicts	374	(1)
Services for People With Developmental Disabilities	375	(5)
Hospice Care	380	(1)
Appendix	381	(14)
Table of Cases	383	(2)
Table of Statutes	385	(6)
Table of Rules of Court	391	(1)
Table of Administrative Rules and Regulations	392	(1)
Table of References to Constitution	393	(2)
Index	395	(6)
About the Authors	401