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