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Tables of Contents for Law and Mental Health Professionals
Chapter/Section Title
Page #
Page Count
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