Law and Mental Health Professionals

by Petrila, John; Otto, Randy K.; American Psychological Association

• ISBN13: 9781557989949
• ISBN10: 155798994X
• Edition: 2nd
• Format: Hardcover
• Copyright: 2003-04-01
• Publisher: Amer Psychological Assn

Summary

Law & Mental Health Professionals: Florida, 2nd Edition provides a thorough review of the laws in the state of Florida as they relate to the mental health profession. Identifying legal topics affecting mental health practices, this resource addresses rulings about licensing; forms of business practice; insurance reimbursements and deductions for services; privacy of professional information; practice laws related to families, juveniles, civil matters, and criminal matters; and limitations on and liability for practice. The authors present and integrate information from the Florida State Constitution, state statutes, regulations of administrative agencies, appellate court decisions, and the Florida Supreme Court to complete this volume. The laws taken from these sources are expressed with minimal legal jargon, making this reference maximally accessible to those outside of the legal profession.

Table of Contents

Editors' Preface	ix
Authors' Preface	xv
Section 1. Legal Credentialing	1	(78)
1.1 Licensure and Regulation of Mental Health Professionals	3	(1)
1.2 Licensure and Regulation of Psychiatrists	4	(10)
1.3 Licensure and Regulation of Psychiatric Nurses	14	(9)
1.4 Licensure and Regulation of Psychologists	23	(10)
1.5 Subdoctoral and Unlicensed Psychologists	33	(2)
1.6 Licensure and Regulation of Social Workers	35	(9)
1.7 Certification and Regulation of School Psychologists	44	(4)
1.8 Certification of School Social Workers	48	(5)
1.9 Licensure and Regulation of Marriage and Family Counselors	53	(8)
1.10 Licensure of Other Types of Mental Health Professionals	61	(8)
1.11 Licensure and Regulation of Hypnotists	69	(3)
1.12 Licensure and Regulation of Polygraph Examiners	72	(1)
1.13 Regulation of Unlicensed Mental Health Professionals	73	(1)
1.14 Sunset of Credentialing Agencies	74	(2)
1.15 Licensure and Regulation of Sex Therapists	76	(3)
Section 2. Business Matters	79	(32)
2.1 Sole Proprietorships	81	(1)
2.2 Professional Corporations	82	(3)
2.3 Partnerships	85	(4)
2.4 Health Maintenance Organizations	89	(3)
2.5 Preferred Provider Organizations	92	(3)
2.6 Individual Practice Associations	95	(2)
2.7 Hospital, Administrative, and Staff Privileges	97	(2)
2.8 Zoning for Community Homes	99	(3)
2.9 Insurance Reimbursement for Services	102	(2)
2.10 Mental Health Benefits in State Insurance Plans	104	(4)
2.11 Tax Deductions for Services	108	(3)
Section 3. Limitations on and Liability for Practice	111	(62)
3.1 Informed Consent for Services	113	(4)
3.2 Extensiveness, Ownership, Maintenance, and Access to Records	117	(13)
3.3 Confidential Relations and Communications	130	(11)
3.4 Privileged Communications	141	(3)
3.5 Search, Seizure, and Subpoena of Records	144	(5)
3.6 State Freedom of Information Act	149	(1)
3.7 Right to Refuse Treatment	150	(2)
3.8 Regulation of Aversive and Avoidance Conditioning	152	(1)
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	(5)
3.13 Liability of Credentialing Boards	168	(1)
3.14 Antitrust Limitations to Practice	169	(4)
Section 4. Families and Juveniles	173	(114)
4.1 Competency to Marry	175	(2)
4.2 Guardianship for Adults	177	(7)
4.3 Conservatorship for Adults	184	(2)
4.4 Annulment	186	(2)
4.5 Divorce	188	(2)
4.6 Child Custody After Marital Dissolution	190	(7)
4.7 Reporting of Adult Abuse	197	(5)
4.8 Reporting of Child Abuse	202	(5)
4.9 Abused, Neglected, and Abandoned Children	207	(8)
4.10 Termination of Parental Rights	215	(4)
4.11 Guardianship for Minors	219	(2)
4.12 Conservatorship for Minors	221	(1)
4.13 Foster Care	222	(5)
4.14 Adoption	227	(6)
4.15 Delinquency and Persons in Need of Supervision	233	(10)
4.16 Competency of Juveniles to Stand Trial	243	(5)
4.17 Nonresponsibility Defense	248	(4)
4.18 Transfer of Juveniles to Stand Trial as Adults	252	(7)
4.19 Voluntary Admission and Civil Commitment of Minors	259	(13)
4.20 Education for Gifted and Handicapped Children	272	(5)
4.21 Consent, Confidentiality, and Services for Minors	277	(5)
4.22 Consent for Abortion	282	(2)
4.23 Evaluation and Treatment of Children at the Request of a Noncustodial Parent	284	(3)
Section 5. Other Civil Matters	287	(38)
5.1 Mental Status of Licensed or Certified Professionals	289	(6)
5.2 Workers' Compensation	295	(4)
5.3 Vocational Disability Determinations	299	(4)
5.4 Emotional Distress as a Basis for Civil Liability	303	(3)
5.5 Insanity of Wrongdoers and Civil Liability	306	(2)
5.6 Competency to Contract	308	(2)
5.7 Competency to Sign a Will	310	(3)
5.8 Competency to Vote	313	(2)
5.9 Competency to Obtain a Driver's License	315	(1)
5.10 Product Liability	316	(2)
5.11 Unfair Competition	318	(3)
5.12 Employment Discrimination	321	(4)
Section 6. Civil and Criminal Trial Matters	325	(30)
6.1 Jury Selection	327	(4)
6.2 Expert Witnesses	331	(4)
6.3 Polygraph Evidence	335	(2)
6.4 Competency to Testify	337	(3)
6.5 Psychological/Psychiatric Autopsy	340	(2)
6.6 Battered Woman's Syndrome	342	(3)
6.7 Rape Trauma Syndrome	345	(2)
6.8 Hypnosis of Witnesses	347	(2)
6.9 Eyewitness Identification	349	(2)
6.10 Child Sexual Abuse Syndrome	351	(2)
6.11 Profiles or Propensity of Sexual Offenders	353	(2)
Section 7. Criminal Matters	355	(66)
7.1 Screening of Police Officers	357	(1)
7.2 Competency to Waive the Rights to Silence, Counsel, and a Jury	358	(3)
7.3 Precharging and Pretrial Intervention Programs	361	(2)
7.4 Bail Determinations	363	(3)
7.5 Competency to Stand Trial	366	(8)
7.6 Provocation	374	(2)
7.7 Mens Rea	376	(2)
7.8 Diminished Capacity	378	(2)
7.9 Criminal Responsibility	380	(6)
7.10 Competency to Be Sentenced	386	(2)
7.11 Sentencing	388	(3)
7.12 Probation	391	(2)
7.13 Dangerous Offenders	393	(1)
7.14 Habitual Offenders	394	(1)
7.15 Competency to Serve a Sentence	395	(1)
7.16 Mental Health Services in Jails and Prisons	396	(5)
7.17 Transfer From Penal to Mental Health Facilities	401	(2)
7.18 Parole Determinations	403	(3)
7.19 Competency to Be Executed	406	(3)
7.20 Pornography	409	(2)
7.21 Services for Sex Offenders	411	(8)
7.22 Services for Victims of Crimes	419	(2)
Section 8. Voluntary or Involuntary Receipt of State Services	421	(44)
8.1 Medicaid	423	(6)
8.2 Health Care Cost Containment System	429	(2)
8.3 Voluntary Admission of Mentally Ill Adults	431	(2)
8.4 Involuntary Commitment of Mentally Ill Adults	433	(9)
8.5 Voluntary Admission and Involuntary Commitment of People With Substance Problems	442	(10)
8.6 Voluntary and Involuntary Commitment of Drug Addicts	452	(1)
8.7 Services for People With Developmental Disabilities	453	(8)
8.8 Hospice Care	461	(4)
Appendix	465	(2)
Table of Cases	467	(4)
Table of Statutes	471	(10)
Table of Rules of Court	481	(1)
Table of Administrative Rules and Regulations	482	(2)
Table of References to Constitution	484	(1)
Index	485	(8)
About the Authors	493