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Laws Affecting Clinical Practice (Law and Public Policy Series) » (1st Edition)

Book cover image of Laws Affecting Clinical Practice (Law and Public Policy Series) by Bruce D. Sales

Authors: Bruce D. Sales, Susan R. Hall, Michael Owen Miller, Michael O. Miller, Michael Owen Miller
ISBN-13: 9781591472568, ISBN-10: 1591472563
Format: Hardcover
Publisher: American Psychological Association
Date Published: January 2005
Edition: 1st Edition

Author Biography: Bruce D. Sales

Book Synopsis

While there is a substantial law regulating mental health professionals' services, MHPs do not know about or fully understand much of the law that affects the operation of mental health practices and the provision of services to mental health clients. A basic understanding of the relevant law helps MHPs to be more responsive, sensitive, and realistic in providing therapy to clients who have potential legal issues, informs MHPs about new practice opportunities, and protects MHPs from professional liability.

Laws Affecting Clinical Practice is a comprehensive, concise, readily understandable resource outlining the legal obligations and responsibilities of mental health professionals. Identifying legal topics affecting mental health practices and services, Sales, Miller, and Hall address a wide range of legal topics, including licensing; privacy of professional information; practice laws related to families, juveniles, civil matters, and criminal matters; and limitations on and liability for practice. The laws surveyed are expressed with minimal legal jargon, making this volume maximally accessible to those outside of the legal profession.

Laws Affecting Clinical Practice is an essential introduction to clinically relevant laws for MHPs and graduate students training to become MHPs, and will help readers to become more intelligent consumers of legal services.

Part of the Law and Public Policy: Psychology and the Social Sciences series.

	Acknowledgments	xv
	Introduction: How to Use This Book	3
	Improving the Accessibility of Legal Information	4
	Purpose of This Book	5
	Organization and Content of This Book	6
I	Business Matters Affecting Practice	9
	Introduction	11
Chapter 1	Legal Credentialing and Privileges to Practice	13
	Licensure of Mental Health Professionals	14
	Unlicensed Mental Health Professionals	18
	Sunset of Credentialing Agencies and Regulations	20
	Hospital, Staff, and Administrative Privileges	20
	Supervisory Relationship	21
Chapter 2	Initiating Services	23
	Informed Consent to Services	24
	Informed Consent to Services for a Minor	26
	Fees, Billing, and Collection Arrangements	29
	Insurance Reimbursement for Service	31
Chapter 3	Maintaining and Disclosing Information	33
	Extensiveness, Ownership, Maintenance, and Access to Records	34
	Confidential Relations and Communications	36
	Confidentiality When the Patient Is a Minor	37
	Privileged Communications	38
	Protecting Third Parties From Dangerous People	40
	Reporting Past Criminal Activity	41
	Reporting Ongoing or Planned Criminal Activity	42
	Confidentiality With HIV-Positive Patients	42
	Reporting Child Abuse	44
	Reporting Adult Abuse	45
	Reporting Unprofessional Conduct by Other Practitioners	46
	Subpoena, Search, and Seizure	47
	Peer Review Activities	49
	Health Insurance Portability and Accountability Act	50
Chapter 4	Liabilities for Professional Activities	53
	Malpractice Liability	53
	Liability for Nonconsensual Treatment	57
	Liability for Breaching a Duty to a Third Party	60
	Other Forms of Civil Liability	60
	Criminal Liability	64
	Complaints Before State Licensure Boards and National and State Professional Ethics Committees	65
	Liability of Credentialing Boards and Ethics Committees	67
II	Mental Health Services Related to Individuals, Families, the State, and the Workplace	69
	Introduction	71
Chapter 5	Competency Determinations	75
	Competency to Obtain a Driver's License	75
	Competency to Vote	76
	Competency to Testify	77
	Competency to Marry	78
	Competency to Sign a Will	79
	Guardianship for Adults	81
	Conservatorship for Adults	84
	Minors' Competency to Consent to an Abortion	86
Chapter 6	Child Care and Protection	89
	Guardianship for Minors	89
	Conservatorship for Minors	91
	Foster Care	93
	Adoption	96
	Abused and Neglected Children	100
	Termination of Parental Rights	104
Chapter 7	Education of Children	107
	Education for Gifted and Talented Children	107
	Education for Children With Disabilities or Handicaps	110
Chapter 8	Marriage Dissolution and Child Custody	113
	Annulment	113
	Divorce	115
	Child Custody After Marital Dissolution	117
Chapter 9	Juvenile Offenders Before the Court	121
	Juvenile Court and the Justice Process	122
	Competency of Juveniles to Stand Trial	125
	Nonresponsibility Defense in Juvenile Proceedings	126
	Transfer of Juveniles to Stand Trial as Adults	126
Chapter 10	State Interventions and Services for Individuals With Special Needs	129
	People With Mental Illness	129
	People With Alcoholism	138
	People With Substance Abuse Problems	140
	People With Developmental Disabilities	143
	Victims of Domestic Violence	145
	Victims of Other Crimes	146
	Violent Sexual Offenders	149
	People in Jail or Prison	150
	People Who Are Dying	151
Chapter 11	Law Enforcement	153
	Screening of Police Officers	153
	Profiling of Criminal Suspects	155
Chapter 12	Pretrial Matters in Criminal and Civil Litigation	157
	Competency to Waive the Rights to Silence, Counsel, and a Jury	158
	Precharging Evaluations	160
	Bail Determinations	161
	Competency to Stand Trial	162
Chapter 13	Trial Matters in Criminal and Civil Litigation	167
	Jury Selection and Trial Consulting	167
	Expert Witnesses	171
	Competency to Testify	173
	Provocation	175
	Culpable Mental State (Mens Rea)	175
	Diminished Capacity	176
	Criminal Responsibility	177
	Polygraph Evidence	179
	Psychological Autopsy	180
	Emotional Propensity to Sexual Misconduct	181
	Battered Woman's Syndrome	183
	Rape Trauma Syndrome	183
	Child Abuse Syndromes	185
	Hypnosis of Witnesses	186
	Eyewitness Identification	187
	Pornography	188
	Emotional Distress and Civil Liability	188
	Civil Liability of People With Mental Illness and Wrongdoers Who Are Legally Incompetent	190
Chapter 14	Posttrial Criminal Matters	193
	Competency to Be Sentenced	193
	Sentencing	194
	Probation	196
	Competency to Serve a Sentence	197
	Parole Determinations	197
	Competency to Be Executed	199
Chapter 15	Workplace-Related Services	201
	Mental Status of Licensed Professionals	201
	Competency to Contract	202
	Workers' Compensation and Insurance	204
	Vocational Disability Services	208
	Unfair Competition and Trademark Infringement	211
	Sexual Harassment	212
	Employment Discrimination	213
	Violence in the Workplace	215
	Conclusion: Taking the Next Step	219
	Recommended Readings	221
	Index	223
	About the Authors	235