Laws Affecting Clinical Practice

by Sales, Bruce D.

• ISBN13: 9781591472568
• ISBN10: 1591472563
• Edition: 1st
• Format: Hardcover
• Copyright: 2005-07-01
• Publisher: AMERICAN PSYCHOLOGICAL ASSOCIATION

Summary

Univ. of Arizona, Tucson. Comprehensive, authoritative resource addresses the legal obligations and responsibilities of mental health professionals (MHPs). Identifies the legal topics affecting mental health practices and services such as licensing, civil matters, juveniles, and liability for practice.

Author Biography

Bruce D. Sales, PhD, JD, is professor of psychology, sociology, psychiatry, and law at the University of Arizona, where he also directs its Psychology, Policy, and Law Program Michael Owen Miller, JD, PhD, is a judge of the Superior Court in Pima County, Arizona Susan R. Hall, JD, PhD, is an assistant professor of psychology at Pepperdine University, Graduate School of Education and Psychology

Table of Contents

Acknowledgments	xv
Introduction: How to Use This Book	3	(6)
Improving the Accessibility of Legal Information	4	(1)
Purpose of This Book	5	(1)
Organization and Content of This Book	6	(3)
I. Business Matters Affecting Practice	9	(60)
Introduction	11	(2)
Legal Credentialing and Privileges to Practice	13	(10)
Licensure of Mental Health Professionals	14	(4)
Unlicensed Mental Health Professionals	18	(2)
Sunset of Credentialing Agencies and Regulations	20	(1)
Hospital, Staff, and Administrative Privileges	20	(1)
Supervisory Relationship	21	(2)
Initiating Services	23	(10)
Informed Consent to Services	24	(2)
Informed Consent to Services for a Minor	26	(3)
Fees, Billing, and Collection Arrangements	29	(2)
Insurance Reimbursement for Service	31	(2)
Maintaining and Disclosing Information	33	(20)
Extensiveness, Ownership, Maintenance, and Access to Records	34	(2)
Confidential Relations and Communications	36	(1)
Confidentiality When the Patient Is a Minor	37	(1)
Privileged Communications	38	(2)
Protecting Third Parties From Dangerous People	40	(1)
Reporting Past Criminal Activity	41	(1)
Reporting Ongoing or Planned Criminal Activity	42	(1)
Confidentiality With HIV-Positive Patients	42	(2)
Reporting Child Abuse	44	(1)
Reporting Adult Abuse	45	(1)
Reporting Unprofessional Conduct by Other Practitioners	46	(1)
Subpoena, Search, and Seizure	47	(2)
Peer Review Activities	49	(1)
Health Insurance Portability and Accountability Act	50	(3)
Liabilities for Professional Activities	53	(16)
Malpractice Liability	53	(4)
Liability for Nonconsensual Treatment	57	(3)
Liability for Breaching a Duty to a Third Party	60	(1)
Other Forms of Civil Liability	60	(4)
Criminal Liability	64	(1)
Complaints Before State Licensure Boards and National and State Professional Ethics Committees	65	(2)
Liability of Credentialing Boards and Ethics Committees	67	(2)
II. Mental Health Services Related to Individuals, Families, the State, and the Workplace	69	(150)
Introduction	71	(4)
Competency Determinations	75	(14)
Competency to Obtain a Driver's License	75	(1)
Competency to Vote	76	(1)
Competency to Testify	77	(1)
Competency to Marry	78	(1)
Competency to Sign a Will	79	(2)
Guardianship for Adults	81	(3)
Conservatorship for Adults	84	(2)
Minors' Competency to Consent to an Abortion	86	(3)
Child Care and Protection	89	(18)
Guardianship for Minors	89	(2)
Conservatorship for Minors	91	(2)
Foster Care	93	(3)
Adoption	96	(4)
Abused and Neglected Children	100	(4)
Termination of Parental Rights	104	(3)
Education of Children	107	(6)
Education for Gifted and Talented Children	107	(3)
Education for Children With Disabilities or Handicaps	110	(3)
Marriage Dissolution and Child Custody	113	(8)
Annulment	113	(2)
Divorce	115	(2)
Child Custody After Marital Dissolution	117	(4)
Juvenile Offenders Before the Court	121	(8)
Juvenile Court and the Justice Process	122	(3)
Competency of Juveniles to Stand Trial	125	(1)
Nonresponsibility Defense in Juvenile Proceedings	126	(1)
Transfer of Juveniles to Stand Trial as Adults	126	(3)
State Interventions and Services for Individuals With Special Needs	129	(24)
People With Mental Illness	129	(9)
People With Alcoholism	138	(2)
People With Substance Abuse Problems	140	(3)
People With Developmental Disabilities	143	(2)
Victims of Domestic Violence	145	(1)
Victims of Other Crimes	146	(3)
Violent Sexual Offenders	149	(1)
People in Jail or Prison	150	(1)
People Who Are Dying	151	(2)
Law Enforcement	153	(4)
Screening of Police Officers	153	(2)
Profiling of Criminal Suspects	155	(2)
Pretrial Matters in Criminal and Civil Litigation	157	(10)
Competency to Waive the Rights to Silence, Counsel, and a Jury	158	(2)
Precharging Evaluations	160	(1)
Bail Determinations	161	(1)
Competency to Stand Trial	162	(5)
Trial Matters in Criminal and Civil Litigation	167	(26)
Jury Selection and Trial Consulting	167	(4)
Expert Witnesses	171	(2)
Competency to Testify	173	(2)
Provocation	175	(1)
Culpable Mental State (Mens Rea)	175	(1)
Diminished Capacity	176	(1)
Criminal Responsibility	177	(2)
Polygraph Evidence	179	(1)
Psychological Autopsy	180	(1)
Emotional Propensity to Sexual Misconduct	181	(2)
Battered Woman's Syndrome	183	(1)
Rape Trauma Syndrome	183	(2)
Child Abuse Syndromes	185	(1)
Hypnosis of Witnesses	186	(1)
Eyewitness Identification	187	(1)
Pornography	188	(1)
Emotional Distress and Civil Liability	188	(2)
Civil Liability of People With Mental Illness and Wrongdoers Who Are Legally Incompetent	190	(3)
Posttrial Criminal Matters	193	(8)
Competency to Be Sentenced	193	(1)
Sentencing	194	(2)
Probation	196	(1)
Competency to Serve a Sentence	197	(1)
Parole Determinations	197	(2)
Competency to Be Executed	199	(2)
Workplace-Related Services	201	(18)
Mental Status of Licensed Professionals	201	(1)
Competency to Contract	202	(2)
Workers' Compensation and Insurance	204	(4)
Vocational Disability Services	208	(3)
Unfair Competition and Trademark Infringement	211	(1)
Sexual Harassment	212	(1)
Employment Discrimination	213	(2)
Violence in the Workplace	215	(4)
Conclusion: Taking the Next Step	219	(2)
Recommended Readings	221	(2)
Index	223	(12)
About the Authors	235