Laws Affecting Clinical Practice

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.

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

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)

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Laws Affecting Clinical Practice

Summary

Author Biography

Table of Contents

Supplemental Materials