Law & Mental Health Professionals: Pennsylvania

by Bersoff, Donald N.

• ISBN13: 9781557985552
• ISBN10: 1557985553
• Edition: 1st
• Format: Hardcover
• Copyright: 1999-01-01
• Publisher: AMERICAN PSYCHOLOGICAL ASSOCIATION

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	(6)
Authors' Preface	xv	(3)
Acknowledgments	xviii
Section 1. Legal Credentialing	1	(44)
1.1 Licensure and Regulation of Mental Health Professionals	3	(1)
1.2 Licensure and Regulation of Psychiatrists	4	(7)
1.3 Licensure and Regulation of Psychiatric Nurses	11	(5)
1.4 Licensure and Regulation of Psychologists	16	(7)
1.5 Subdoctoral and Unlicensed Psychologists	23	(3)
1.6 Licensure and Regulation of Social Workers	26	(5)
1.7 Certification and Regulation of School Psychologists	31	(4)
1.8 Certification of School Counselors and School Social Workers	35	(1)
1.9 Licensure and Regulation of Marriage and Family Counselors	36	(1)
1.10 Licensure of Other Types of Mental Health Professionals	37	(1)
1.11 Licensure and Regulation of Hypnotists	38	(1)
1.12 Licensure and Regulation of Polygraph Examiners	39	(1)
1.13 Regulation of Unlicensed Mental Health Professionals	40	(1)
1.14 Sunset of Credentialing Agencies	41	(1)
1.15 Open Meeting Laws	42	(3)
Section 2. Business Matters	45	(26)
2.1 Sole Proprietorships	47	(1)
2.2 Professional Corporations	48	(4)
2.3 Partnerships	52	(4)
2.4 Health Maintenance Organizations	56	(2)
2.5 Preferred Provider Organizations	58	(1)
2.6 Individual Practice Associations	59	(1)
2.7 Hospital, Administrative, and Staff Privileges	60	(2)
2.8 Zoning for Community Homes	62	(2)
2.9 Insurance Reimbursement for Services	64	(2)
2.10 Mental Health Benefits in State Insurance Plans	66	(1)
2.11 Tax Deductions for Services	67	(2)
2.12 Integrated Delivery Systems	69	(2)
Section 3. Limitations on and Liability for Practice	71	(40)
3.1 Informed Consent for Services	73	(2)
3.2 Extensiveness, Ownership, Maintenance, and Access to Records	75	(7)
3.3 Confidential Relations and Communications	82	(5)
3.4 Privileged Communications	87	(3)
3.5 Search, Seizure, and Subpoena of Records	90	(3)
3.6 State Freedom of Information Act	93	(1)
3.7 Right to Refuse Treatment	94	(3)
3.8 Regulations of Aversive and Avoidance Conditioning	97	(1)
3.9 Quality Assurance for Hospital Care	98	(2)
3.10 Malpractice Liability	100	(3)
3.11 Other Forms of Professional Liability	103	(4)
3.12 Criminal Liability	107	(2)
3.13 Liability of Credentialing Boards	109	(1)
3.14 Antitrust Limitations to Practice	110	(1)
Section 4. Families and Juveniles	111	(86)
4.1 Competency to Marry	113	(3)
4.2 Guardianship for Adults	116	(6)
4.3 Conservatorship for Adults	122	(1)
4.4 Annulment	123	(2)
4.5 Divorce	125	(4)
4.6 Child Custody After Marital Dissolution	129	(7)
4.7 Reporting of Adult Abuse	136	(3)
4.8 Reporting of Child Abuse	139	(3)
4.9 Abused and Neglected Children	142	(5)
4.10 Termination of Parental Rights	147	(3)
4.11 Guardianship for Minors	150	(4)
4.12 Conservatorship for Minors	154	(1)
4.13 Foster Care	155	(3)
4.14 Adoption	158	(3)
4.15 Delinquency and Persons in Need of Supervision	161	(7)
4.16 Competency of Juveniles to Stand Trial	168	(1)
4.17 Nonresponsibility Defense	169	(1)
4.18 Transfer of Juveniles to Stand Trial as Adults	170	(3)
4.19 Voluntary Admission and Commitment of Minors	173	(3)
4.20 Education for Gifted and Handicapped Children	176	(11)
4.21 Consent, Confidentiality, and Services for Minors	187	(4)
4.22 Consent for Abortion	191	(3)
4.23 Evaluation and Treatment of Children at the Request of a Noncustodial Parent	194	(3)
Section 5. Other Civil Matters	197	(42)
5.1 Mental Status of Licensed or Certified Professionals	199	(6)
5.2 Workers' Compensation	205	(6)
5.3 Vocational Disability Determinations	211	(3)
5.4 Emotional Distress as a Basis for Civil Liability	214	(5)
5.5 Insanity of Wrongdoers and Civil Liability	219	(2)
5.6 Competency to Contract	221	(3)
5.7 Competency to Sign a Will	224	(4)
5.8 Competency to Vote	228	(2)
5.9 Competency to Obtain a Driver's License	230	(3)
5.10 Product Liability	233	(2)
5.11 Unfair Competition	235	(2)
5.12 Employment Discrimination	237	(2)
Section 6. Civil and Criminal Trial Matters	239	(28)
6.1 Jury Selection	241	(6)
6.2 Expert Witnesses	247	(4)
6.3 Polygraph Evidence	251	(2)
6.4 Competency to Testify	253	(4)
6.5 Psychological Autopsy	257	(2)
6.6 Battered Woman's Syndrome	259	(2)
6.7 Rape Trauma Syndrome	261	(2)
6.8 Hypnosis of Witnesses	263	(2)
6.9 Eyewitness Identification	265	(2)
Section 7. Criminal Matters	267	(62)
7.1 Screening of Police Officers	269	(2)
7.2 Competency to Waive the Rights to Silence, Counsel, and a Jury	271	(3)
7.3 Precharging and Pretrial Evaluations	274	(3)
7.4 Bail Determinations	277	(2)
7.5 Competency to Stand Trial	279	(5)
7.6 Provocation	284	(2)
7.7 Mens Rea	286	(3)
7.8 Diminished Capacity	289	(3)
7.9 Criminal Responsibility	292	(5)
7.10 Competency to Be Sentenced	297	(1)
7.11 Sentencing	298	(6)
7.12 Probation	304	(2)
7.13 Dangerous Offenders	306	(1)
7.14 Habitual Offenders	307	(2)
7.15 Competency to Serve a Sentence	309	(1)
7.16 Mental Health Services in Jails and Prisons	310	(2)
7.17 Transfer From Penal to Mental Health Facilities	312	(2)
7.18 Parole Determinations	314	(3)
7.19 Competency to Be Executed	317	(2)
7.20 Pornography	319	(2)
7.21 Services for Sex Offenders	321	(4)
7.22 Services for Victims of Crime	325	(4)
Section 8. Voluntary or Involuntary Receipt of State Services	329	(20)
8.1 Medicaid	331	(1)
8.2 Medical Care Cost Containment	332	(2)
8.3 Voluntary Admission of Mentally Ill Adults	334	(2)
8.4 Involuntary Commitment of Mentally Ill Adults	336	(6)
8.5 Voluntary Admission and Involuntary Commitment of Alcoholics	342	(2)
8.6 Voluntary Admission and Involuntary Commitment of Drug Addicts	344	(1)
8.7 Services for People With Developmental Disabilities	345	(3)
8.8 Hospice Care	348	(1)
Appendixes	349	(18)
Table of Cases	351	(4)
Table of Statutes	355	(4)
Table of Rules of Court	359	(1)
Table of Administrative Rules and Regulations	360	(2)
Table of References to Constitution	362	(4)
Table of Other Authorities	366	(1)
Index	367	(6)
About the Authors	373