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Tables of Contents for Law & Mental Health Professionals
Chapter/Section Title
Page #
Page Count
Editors' Preface
ix
Author's Preface
xv
Section 1. Legal Credentialing
1
60
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
6
1.4 Licensure and Regulation of Psychologists
20
6
1.5 Subdoctoral and Licensed Psychological Associates
26
2
1.6 Licensure and Regulation of Social Workers
28
5
1.7 Licensure and Regulation of Licensed Specialists in School Psychology
33
3
1.8 Certification of School Counselors and School Social Workers
36
4
1.9 Licensure and Regulation of Marriage and Family Therapists
40
4
1.10 Licensure of Other Types of Mental Health Professionals
44
9
1.11 Licensure and Regulation of Hypnotists
53
1
1.12 Licensure and Regulation of Polygraph Examiners
54
5
1.13 Regulation of Licensed Mental Health Professionals
59
1
1.14 Sunset of Credentialing Agencies
60
1
Section 2. Business Matters
61
28
2.1 Sole Proprietorships
63
1
2.2 Professional Corporations
64
3
2.3 Partnerships
67
7
2.4 Health Maintenance Organizations
74
2
2.5 Preferred Provider Organizations
76
1
2.6 Individual Practice Associations
77
1
2.7 Hospital, Administrative, and Staff Privileges
78
2
2.8 Zoning for Community Homes
80
2
2.9 Insurance Reimbursement for Services
82
4
2.10 Mental Health Benefits in State Insurance Plans
86
1
2.11 Tax Deductions for Medical Services
87
2
Section 3. Limitations on and Liability for Practice
89
52
3.1 Informed Consent for Services
91
3
3.2 Extensiveness, Ownership, Maintenance, and Access to Records
94
6
3.3 Confidential Relations and Communications
100
4
3.4 Privileged Communications
104
4
3.5 Search, Seizure, and Subpoena of Records
108
4
3.6 State Freedom of Information Act
112
1
3.7 Right to Refuse Treatment
113
4
3.8 Regulation of Aversive and Avoidance Conditioning
117
2
3.9 Quality Assurance for Hospital Care
119
2
3.10 Malpractice Liability
121
8
3.11 Other Forms of Professional Liability
129
4
3.12 Criminal Liability
133
3
3.13 Liability of Credentialing Boards
136
2
3.14 Antitrust Limitations to Practice
138
3
Section 4. Families and Juveniles
141
80
4.1 Competency to Marry
143
1
4.2 Guardianship for Adults
144
5
4.3 Conservatorship for Adults
149
1
4.4 Annulment
150
3
4.5 Divorce
153
2
4.6 Child Custody After Marital Dissolution
155
5
4.7 Reporting of Adult Abuse
160
5
4.8 Reporting of Child Abuse
165
5
4.9 Abused and Neglected Children
170
3
4.10 Termination of Parental Rights
173
6
4.11 Guardianship for Minors
179
3
4.12 Conservatorship for Minors
182
1
4.13 Foster Care
183
4
4.14 Adoption
187
6
4.15 Delinquency and Persons in Need of Supervision
193
4
4.16 Competency of juveniles to Stand Trial
197
3
4.17 Nonresponsibility Defense
200
2
4.18 Transfer of Juveniles to Stand Trial as Adults
202
2
4.19 Voluntary Admission and Civil Commitment of Minors
204
2
4.20 Education for Gifted and Handicapped Children
206
3
4.21 Consent, Confidentiality, and Services for Minors
209
3
4.22 Consent for Abortion
212
6
4.23 Evaluation and Treatment of Children at the Request of a Noncustodial Parent
218
3
Section 5. Other Civil Matters
221
40
5.1 Mental Status of Licensed or Certified Professionals
223
3
5.2 Worker's Compensation
226
6
5.3 Vocational Disability Determinations
232
5
5.4 Emotional Distress as a Basis for Civil Liability
237
3
5.5 Insanity of Wrongdoers and Civil Liability
240
3
5.6 Competency to Contract
243
3
5.7 Competency to Sign a Will
246
3
5.8 Competency to Vote
249
1
5.9 Competency to Obtain a Driver's License
250
1
5.10 Product Liability
251
3
5.11 Unfair Competition
254
3
5.12 Employment Discrimination
257
4
Section 6. Civil and Criminal Trial Matters
261
30
6.1 Jury Selection
263
5
6.2 Expert Witnesses
268
4
6.3 Polygraph Evidence
272
3
6.4 Competency to Testify
275
4
6.5 Psychological Autopsy
279
2
6.6 Battered Woman's Syndrome
281
3
6.7 Rape Trauma Syndrome
284
2
6.8 Hypnosis of Witnesses
286
2
6.9 Eyewitness Identification
288
3
Section 7. Criminal Matters
291
48
7.1 Screening of Police Officers
293
1
7.2 Competency to Waive the Rights to Silence, Counsel, and a Jury
294
2
7.3 Precharging and Pretrial Evaluations
296
1
7.4 Bail Determinations
297
2
7.5 Competency to Stand Trial
299
5
7.6 Provocation
304
2
7.7 Mens Rea
306
1
7.8 Diminished Capacity
307
1
7.9 Criminal Responsibility
308
4
7.10 Competency to Be Sentenced
312
1
7.11 Sentencing
313
2
7.12 Community Supervision (Probation)
315
2
7.13 Dangerous Offenders
317
2
7.14 Habitual Offenders
319
1
7.15 Competency to Serve a Sentence
320
1
7.16 Mental Health Services in Jails and Prisons
321
2
7.17 Transfer From Penal to Mental Health Facilities
323
1
7.18 Parole Determinations
324
3
7.19 Competency to Be Executed
327
3
7.20 Pornography
330
1
7.21 Services for Sex Offenders
331
5
7.22 Services for Victims of Crimes
336
3
Section 8. Voluntary or Involuntary Receipt of State Services
339
34
8.1 Medicaid
341
1
8.2 Medical Assistance Program
342
3
8.3 Voluntary Admission of Mentally Ill Adults
345
3
8.4 Involuntary Commitment of Mentally Ill Adults
348
11
8.5 Voluntary Admission and Involuntary Commitment of Alcoholics
359
6
8.6 Voluntary Admission and Involuntary Commitment of Drug Addicts
365
1
8.7 Services for People With Developmental Disabilities
366
4
8.8 Hospice Care
370
3
Appendix
373
22
Table of Cases
375
4
Table of Statutes
379
11
Table of Rules of Court
390
1
Table of Administrative Rules and Regulations
391
2
Table of References to Constitution
393
2
Index
395
6
About the Author
401