Law & Mental Health Professionals

by McCullough, John; Engel, Ilona; Wright, Spencer

• ISBN13: 9781591473992
• ISBN10: 1591473993
• Edition: 1st
• Format: Hardcover
• Copyright: 2006-03-15
• Publisher: Amer Psychological Assn

Table of Contents

Editors' Preface	xi
Authors' Preface	xvii
Acknowledgments	xix
Section 1. Legal Credentialing	1	(80)
1.1 Licensure and Regulation of Mental Health Professionals	3	(11)
1.2 Licensure and Regulation of Psychiatrists	14	(11)
1.3 Licensure and Regulation of Psychiatric Nurses	25	(6)
1.4 Licensure and Regulation of Psychologists	31	(6)
1.5 Subdoctoral and Unlicensed Psychologists	37	(1)
1.6 Licensure and Regulation of Social Workers	38	(5)
1.7 Certification and Regulation of School Psychologists	43	(5)
1.8 Certification and Regulation of School Counselors and School Social Workers	48	(1)
1.9 Licensure and Regulation of Marriage and Family Therapists	49	(5)
1.10 Licensure of Other Types of Mental Health Professionals	54	(4)
1.11 Licensure and Regulation of Hypnotists	58	(1)
1.12 Licensure and Regulation of Polygraph Examiners	59	(4)
1.13 Regulation of Unlicensed Mental Health Professionals	63	(5)
1.14 Sunset of Credentialing Agencies	68	(2)
1.15 Certification of Psychoanalysts	70	(5)
1.16 Licensure and Regulation of Alcohol and Drug Abuse Counselors	75	(4)
1.17 Open Meeting Law	79	(2)
Section 2. Business Matters	81	(24)
2.1 Sole Proprietorships	83	(2)
2.2 Professional Corporations	85	(3)
2.3 Partnerships	88	(4)
2.4 Health Maintenance Organizations	92	(2)
2.5 Preferred Provider Organizations	94	(1)
2.6 Individual Practice Associations	95	(1)
2.7 Hospital, Administrative, and Staff Privileges	96	(1)
2.8 Zoning for Community Homes	97	(1)
2.9 Insurance Reimbursement for Services	98	(3)
2.10 Mental Health Benefits in State Insurance Plans	101	(1)
2.11 Tax Deductions for Services	102	(3)
Section 3. Limitations on and Liability for Practice	105	(48)
3.1 Informed Consent for Services	107	(3)
3.2 Extensiveness, Ownership, Maintenance, and Access to Records	110	(5)
3.3 Confidential Relations and Communications	115	(5)
3.4 Privileged Communications	120	(4)
3.5 Search, Seizure, and Subpoena of Records	124	(3)
3.6 State Freedom of Information Act	127	(1)
3.7 Right to Refuse Treatment	128	(1)
3.8 Regulation of Aversive and Avoidance Conditioning	129	(2)
3.9 Quality Assurance for Hospital Care	131	(2)
3.10 Malpractice Liability	133	(5)
3.11 Other Forms of Professional Liability	138	(5)
3.12 Criminal Liability	143	(5)
3.13 Liability of Credentialing Boards	148	(2)
3.14 Antitrust Limitations to Practice	150	(3)
Section 4. Families and Juveniles	153	(106)
4.1 Competency to Marry	155	(2)
4.2 Guardianship for Adults	157	(7)
4.3 Conservatorship for Adults	164	(1)
4.4 Annulment	165	(2)
4.5 Divorce	167	(3)
4.6 Child Custody After Marital Dissolution	170	(5)
4.7 Reporting of Adult Abuse	175	(7)
4.8 Reporting of Child Abuse	182	(4)
4.9 Abused and Neglected Children	186	(7)
4.10 Termination of Parental Rights	193	(6)
4.11 Guardianship for Minors	199	(7)
4.12 Conservatorship for Minors	206	(1)
4.13 Foster Care	207	(3)
4.14 Adoption	210	(7)
4.15 Delinquency and Children in Need of Supervision	217	(10)
4.16 Competency of Juveniles to Stand Trial	227	(3)
4.17 Nonresponsibility Defense	230	(4)
4.18 Transfer of Juveniles to Stand Trial as Adults	234	(4)
4.19 Voluntary Admission and Civil Commitment of Minors	238	(2)
4.20 Education for Gifted and Handicapped Children	240	(15)
4.21 Consent, Confidentiality, and Services for Minors	255	(3)
4.22 Consent for Abortion	258	(1)
Section 5. Other Civil Matters	259	(42)
5.1 Mental Status of Licensed or Certified Professionals	261	(5)
5.2 Workers' Compensation	266	(5)
5.3 Vocational Disability Determination	271	(4)
5.4 Emotional Distress as a Basis for Civil Liability	275	(4)
5.5 Insanity of Wrongdoers and Civil Liability	279	(3)
5.6 Competency to Contract	282	(3)
5.7 Competency to Sign a Will	285	(4)
5.8 Competency to Vote	289	(2)
5.9 Competency to Obtain a Driver's License	291	(2)
5.10 Product Liability	293	(2)
5.11 Unfair Competition	295	(3)
5.12 Employment Discrimination	298	(3)
Section 6. Civil and Criminal Trial Matters	301	(24)
6.1 Jury Selection	303	(5)
6.2 Expert Witnesses	308	(3)
6.3 Polygraph Evidence	311	(2)
6.4 Competency to Testify	313	(3)
6.5 Psychological Autopsy	316	(1)
6.6 Battered Woman's Syndrome	317	(2)
6.7 Rape Trauma Syndrome	319	(2)
6.8 Hypnosis of Witnesses	321	(1)
6.9 Eyewitness Identification	322	(3)
Section 7. Criminal Matters	325	(62)
7.1 Screening of Police Officers	327	(1)
7.2 Competency to Waive the Rights to Silence, Counsel, and a Jury	328	(3)
7.3 Precharging and Pretrial Evaluations	331	(1)
7.4 Bail Determinations	332	(2)
7.5 Competency to Stand Trial	334	(5)
7.6 Provocation	339	(2)
7.7 Mens Rea	341	(3)
7.8 Diminished Capacity	344	(3)
7.9 Criminal Responsibility	347	(4)
7.10 Competency to Be Sentenced	351	(1)
7.11 Sentencing	352	(2)
7.12 Probation	354	(3)
7.13 Dangerous Offenders	357	(3)
7.14 Habitual Offenders	360	(2)
7.15 Competency to Serve a Sentence	362	(1)
7.16 Mental Health Services in Jails and Prisons	363	(3)
7.17 Transfer From Penal to Mental Health Facilities	366	(3)
7.18 Parole Determinations	369	(4)
7.19 Competency to Be Executed	373	(1)
7.20 Pornography	374	(3)
7.21 Services for Sex Offenders	377	(6)
7.22 Services for Victims of Crimes	383	(4)
Section 8. Voluntary or Involuntary Receipt of State Services	387	(32)
8.1 Medicaid	389	(2)
8.2 Health Care Cost Containment System	391	(2)
8.3 Voluntary Admission of Mentally Ill Adults	393	(3)
8.4 Involuntary Commitment of Mentally Ill Adults	396	(8)
8.5 Voluntary Admission and Involuntary Commitment of Alcoholics	404	(5)
8.6 Voluntary Admission and Involuntary Commitment of Drug Addicts	409	(2)
8.7 Services for People With Developmental Disabilities	411	(6)
8.8 Hospice Care	417	(2)
Appendix	419	(22)
Table of Cases	421	(3)
Table of Statutes	424	(11)
Table of Rules of Court	435	(1)
Table of Administrative Rules and Regulations	436	(3)
Table of References to Constitution	439	(2)
Index	441	(6)
About the Authors	447