Law & Mental Health Professionals

by Wulach, James S.

• ISBN13: 9781557983718
• ISBN10: 1557983712
• Edition: 2nd
• Format: Hardcover
• Copyright: 1998-01-01
• 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.

Author Biography

James S. Wulach is a practicing clinical psychologist, psychoanalyst, and attorney. He is professor of psychology at the John Jay College of Criminal Justice, City University of New York, where he is the director of the Graduate Program in Forensic Psychology

Table of Contents

Editors' Preface	xi	(6)
Author's Preface to the Second Edition	xvii	(2)
Author's Preface to the First Edition	xix
Section 1. Legal Credentialing	1	(82)
1.1 Licensure and Regulation of Mental Health Professionals	3	(4)
1.2 Licensure and Regulation of Psychiatrists	7	(13)
1.3 Licensure and Regulation of Psychiatric Nurses	20	(6)
1.4 Licensure and Regulation of Psychologists	26	(18)
1.5 Subdoctoral and Unlicensed Psychologists	44	(3)
1.6 Licensure and Regulation of Social Workers	47	(16)
1.7 Licensure and Regulation of School Psychologists	63	(2)
1.8 Endorsement and Regulation of School Counselors, Social Workers, and Substance Awareness Coordinators	65	(3)
1.9 Licensure and Regulation of Marriage and Family Therapists	68	(7)
1.10 Licensure and Regulation of Other Types of Mental Health Professionals	75	(4)
1.11 Licensure and Regulation of Hypnotists	79	(1)
1.12 Licensure and Regulation of Polygraph Examiners	80	(1)
1.13 Regulation of Unlicensed Mental Health Professionals	81	(1)
1.14 Sunset of Credentialing Agencies	82	(1)
Section 2. Business Matters	83	(32)
2.1 Sole Proprietorships	85	(1)
2.2 Professional Corporations	86	(3)
2.3 Partnerships	89	(4)
2.4 Health Maintenance Organizations	93	(3)
2.5 Preferred Provider Organizations	96	(1)
2.6 Individual Practice Associations	97	(1)
2.7 Hospital, Administrative, and Staff Privileges	98	(4)
2.8 Zoning for Community Homes	102	(2)
2.9 Insurance Reimbursement for Services	104	(6)
2.10 Mental Health Benefits in State Insurance Plans	110	(1)
2.11 Tax Deductions for Services	111	(4)
Section 3. Limitations on and Liability for Practice	115	(56)
3.1 Informed Consent for Services	117	(1)
3.2 Extensiveness, Ownership, and Maintenance of and Access to Records	118	(8)
3.3 Confidential Relations and Communications	126	(10)
3.4 Privileged Communications	136	(9)
3.5 Search, Seizure, and Subpoena of Records	145	(3)
3.6 State Freedom of Information Act	148	(1)
3.7 Right to Refuse Treatment	149	(2)
3.8 Regulation of Aversive and Avoidance Conditioning	151	(2)
3.9 Quality Assurance for Hospital Care	153	(2)
3.10 Malpractice Liability	155	(4)
3.11 Other Forms of Professional Liability	159	(4)
3.12 Criminal Liability	163	(3)
3.13 Liability of Credentialing Boards	166	(2)
3.14 Antitrust Limitations to Practice	168	(3)
Section 4. Families and Juveniles	171	(102)
4.1 Competency to Marry	173	(1)
4.2 Guardianship for Adults	174	(5)
4.3 Conservatorship for Adults	179	(3)
4.4 Annulment	182	(2)
4.5 Divorce	184	(2)
4.6 Child Custody After Marital Dissolution	186	(6)
4.7 Reporting of Adult Abuse	192	(5)
4.8 Reporting of Child Abuse	197	(5)
4.9 Abused and Neglected Children	202	(10)
4.10 Termination of Parental Rights	212	(7)
4.11 Guardianship for Minors	219	(3)
4.12 Conservatorship for Minors	222	(1)
4.13 Foster Care	223	(2)
4.14 Adoption	235	(8)
4.15 Delinquency and Persons in Need of Supervision	243	(8)
4.16 Competency of Juveniles to Stand Trial	251	(1)
4.17 Nonresponsibility Defense	252	(1)
4.18 Transfer of Juveniles to Stand Trial as Adults	253	(3)
4.19 Voluntary Admission and Civil Commitment of Minors	256	(3)
4.20 Education for Gifted and Handicapped Children	259	(8)
4.21 Consent, Confidentiality, and Services for Minors	267	(3)
4.22 Consent for Abortion	270	(1)
4.23 Evaluation and Treatment of Children at the Request of a Noncustodial Parent	271	(2)
Section 5. Other Civil Matters	273	(38)
5.1 Mental Status of Licensed or Certified Professionals	275	(3)
5.2 Workers' Compensation	278	(5)
5.3 Vocational Disability Determinations	283	(4)
5.4 Emotional Distress as a Basis for Civil Liability	287	(3)
5.5 Insanity of Wrongdoers and Civil Liability	290	(3)
5.6 Competency to Contract	293	(2)
5.7 Competency to Sign a Will	295	(3)
5.8 Competency to Vote	298	(2)
5.9 Competency to Obtain a Driver's License	300	(2)
5.10 Product Liability	302	(3)
5.11 Unfair Competition	305	(3)
5.12 Employment Discrimination	308	(3)
Section 6. Civil and Criminal Trial Matters	311	(30)
6.1 Jury Selection	313	(6)
6.2 Expert Witnesses	319	(5)
6.3 Polygraph Evidence	324	(2)
6.4 Competency to Testify	326	(4)
6.5 Psychological Autopsy	330	(2)
6.6 Battered Woman Syndrome	332	(2)
6.7 Rape Trauma Syndrome	334	(2)
6.8 Hypnosis of Witnesses	336	(3)
6.9 Eyewitness Identification	339	(2)
Section 7. Criminal Matters	341	(62)
7.1 Screening of Police Officers	343	(2)
7.2 Competency to Waive the Rights to Silence, Counsel, and a Jury	345	(5)
7.3 Precharging and Pretrial Evaluations	350	(4)
7.4 Bail Determinations	354	(3)
7.5 Competency to Stand Trial	357	(5)
7.6 Provocation	362	(2)
7.7 Mens Rea	364	(2)
7.8 Diminished Capacity	366	(3)
7.9 Criminal Responsibility	369	(5)
7.10 Competency to Be Sentenced	374	(1)
7.11 Sentencing	375	(5)
7.12 Probation	380	(1)
7.13 Dangerous Offenders	381	(1)
7.14 Habitual Offenders	382	(1)
7.15 Competency to Serve a Sentence	383	(1)
7.16 Mental Health Services in Jails and Prisons	384	(4)
7.17 Transfer From Penal to Mental Health Facilities	388	(1)
7.18 Parole Determinations	389	(4)
7.19 Competency to Be Executed	393	(1)
7.20 Pornography	394	(2)
7.21 Services for Sex Offenders	396	(3)
7.22 Services for Victims of Crimes	399	(4)
Section 8. Voluntary or Involuntary Receipt of State Services	403	(28)
8.1 Medicaid	405	(3)
8.2 Health Care Cost Containment System	408	(1)
8.3 Voluntary Admission of Mentally Ill Adults	409	(2)
8.4 Involuntary Commitment of Mentally Ill Adults	411	(7)
8.5 Voluntary Admission and Involuntary Commitment of Alcoholics	418	(4)
8.6 Voluntary Admission and Involuntary Commitment of Drug Addicts	422	(2)
8.7 Services for People With Developmental Disabilities	424	(5)
8.8 Hospice Care	429	(2)
Appendix	431	(18)
Table of Cases	433	(4)
Table of Statutes	437	(6)
Table of Rules of Court	443	(1)
Table of Administrative Rules and Regulations	444	(5)
Index	449	(6)
About the Author	455