Law and Mental Health Professionals,9781557989949

Law and Mental Health Professionals

by ; ;
Edition: 2nd
ISBN13: 9781557989949
ISBN10: 155798994X
Format: Hardcover
Pub. Date: 2003-04-01
Publisher(s): Amer Psychological Assn
Availability: This title is currently not available.
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Summary

Law & Mental Health Professionals: Florida, 2nd Edition provides a thorough review of the laws in the state of Florida as they relate to the mental health profession. Identifying legal topics affecting mental health practices, this resource addresses rulings about licensing; forms of business practice; insurance reimbursements and deductions for services; privacy of professional information; practice laws related to families, juveniles, civil matters, and criminal matters; and limitations on and liability for practice. The authors present and integrate information from the Florida State Constitution, state statutes, regulations of administrative agencies, appellate court decisions, and the Florida Supreme Court to complete this volume. The laws taken from these sources are expressed with minimal legal jargon, making this reference maximally accessible to those outside of the legal profession.

Table of Contents

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

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