Law & Mental Health Professionals: Massachusetts, Third Edition

Pages: 283
Item #: 4315011
ISBN: 978-1-4338-0334-5
List Price: $69.95
Member/Affiliate Price: $49.95
Copyright: 2008
Format: Hardcover
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Note: This book is out of print and no longer available for purchase.
Overview

Law & Mental Health Professionals®: Massachusetts, Third Edition provides a thorough review of the laws in the state of Massachusetts 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 author presents and integrates information from the Massachusetts Constitution, state statutes, regulations of administrative agencies, appellate court decisions, and the Massachusetts 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's Preface

Author's Preface

Acknowledgements

Section 1: Legal Credentialing

  • 1.1 Licensure and Regulation of Mental Health Professionals
  • 1.2 Licensure and Regulation of Psychiatrists
  • 1.3 Licensure and Regulation of Psychiatric Nurses
  • 1.4 Licensure and Regulation of Psychologists
  • 1.5 Subdoctoral and Unlicensed Psychologists
  • 1.6 Licensure and Regulation of Social Workers
  • 1.7 Licensure, Certification, and Regulation of School Psychologists
  • 1.8 Certification of School Counselors
  • 1.9 Licensure and Regulation of Marriage and Family Therapists
  • 1.10 Licensure of Other Types of Mental Health Professionals
  • 1.11 Licensure and Regulation of Hypnotists
  • 1.12 Licensure and Regulation of Polygraph Examiners
  • 1.13 Regulation of Unlicensed Mental Health Professionals
  • 1.14 Sunset of Credentialing Agencies

Section 2: Business Matters

  • 2.1 Sole Proprietorships
  • 2.2 Professional Corporations
  • 2.3 Partnerships
  • 2.4 Health Maintenance Organizations
  • 2.5 Preferred Provider Organizations
  • 2.6 Individual Practice Associations
  • 2.7 Hospital, Administrative, and Staff Privileges
  • 2.8 Zoning for Community Homes
  • 2.9 Insurance Reimbursement for Services
  • 2.10 Mental Health Benefits in State Insurance Plans
  • 2.11 Tax Deductions for Services

Section 3: Limitations on and Liability for Practice

  • 3.1 Informed Consent for Services
  • 3.2 Extensiveness, Ownership, and Maintenance of and Access to Records
  • 3.3 Confidential Relations and Communications
  • 3.4 Privileged Communications
  • 3.5 Search, Seizure, and Subpoena of Records
  • 3.6 State Freedom of Information Act and Open Meeting Law
  • 3.7 Right to Refuse Treatment
  • 3.8 Regulation of Aversive and Avoidance Conditioning
  • 3.9 Quality Assurance for Hospital Care
  • 3.10 Malpractice Liability
  • 3.11 Other Forms of Professional Liability
  • 3.12 Criminal Liability
  • 3.13 Liability of Credentialing Boards
  • 3.14 Antitrust Limitations to Practice

Section 4: Families and Juveniles

  • 4.1 Competency to Marry
  • 4.2 Guardianship for Adults
  • 4.3 Conservatorship for Adults
  • 4.4 Annulment
  • 4.5 Divorce
  • 4.6 Child Custody After Dissolution of a Marital or Other Relationship
  • 4.7 Reporting of Adult Abuse
  • 4.8 Reporting of Child Abuse
  • 4.9 Abused and Neglected Children
  • 4.10 Termination of Parental Rights
  • 4.11 Guardianship for Minors
  • 4.12 Conservatorship for Minors
  • 4.13 Foster Care
  • 4.14 Adoption
  • 4.15 Delinquency and Children in Need of Services
  • 4.16 Competency of Juveniles to Stand Trial
  • 4.17 Nonresponsibility Defense
  • 4.18 Transfer of Juveniles to Stand Trial as Adults
  • 4.19 Voluntary Admission and Civil Commitment of Minors
  • 4.20 Education for Gifted and Handicapped Children
  • 4.21 Consent, Confidentiality, and Services for Minors
  • 4.22 Consent for Abortion
  • 4.23 Evaluation and Treatment of Children at the Request of a Noncustodial Parent

Section 5: Other Civil Matters

  • 5.1 Mental Status of Licensed or Certified Professionals
  • 5.2 Worker's Compensation
  • 5.3 Vocational Disability Determinations
  • 5.4 Emotional Distress as a Basis for Civil Liability
  • 5.5 Civil Liability of Incompetent Persons
  • 5.6 Competency to Contract
  • 5.7 Competency to Sign a Will
  • 5.8 Competency to Vote
  • 5.9 Competency to Obtain a Driver's License
  • 5.10 Product Liability
  • 5.11 Unfair Competition
  • 5.12 Employment Discrimination

Section 6: Civil and Criminal Trial Matters

  • 6.1 Jury Selection
  • 6.2 Expert Witnesses
  • 6.3 Polygraph Evidence
  • 6.4 Competency to Testify
  • 6.5 Psychological Autopsy
  • 6.6 Battered Woman Syndrome
  • 6.7 Rape Trauma Syndrome
  • 6.8 Hypnosis of Witnesses
  • 6.9 Eyewitness Identification

Section 7: Criminal Matters

  • 7.1 Screening of Police Officers
  • 7.2 Competency to Waive the Rights to Silence, Counsel, and a Jury
  • 7.3 Precharging and Pretrial Evaluations
  • 7.4 Bail Determinations
  • 7.5 Competency to Stand Trial
  • 7.6 Provocation
  • 7.7 Mens Rea
  • 7.8 Diminished Capacity
  • 7.9 Criminal Responsibility
  • 7.10 Competency to Be Sentenced
  • 7.11 Sentencing
  • 7.12 Probation
  • 7.13 Dangerous Offenders
  • 7.14 Habitual Offenders
  • 7.15 Competency to Serve a Sentence
  • 7.16 Mental Health Services in Jails and Prisons
  • 7.17 Transfer From Penal to Mental Health Facilities
  • 7.18 Parole Determinations
  • 7.19 Competency to Be Executed
  • 7.20 Pornography
  • 7.21 Services for Sex Offenders
  • 7.22 Services for Victims of Crimes

Section 8: Voluntary or Involuntary Receipt of State Services

  • 8.1 Medicaid
  • 8.2 Health Care Cost Containment System
  • 8.3 Voluntary Admission of Mentally Ill Adults
  • 8.4 Involuntary Commitment of Mentally Ill Adults
  • 8.5 Voluntary Admission and Involuntary Commitment of Alcoholics
  • 8.6 Voluntary Admission and Involuntary Commitment of Drug Addicts
  • 8.7 Services for People With Developmental Disabilities
  • 8.8 Hospice Care

Appendix

  • Table of Cases
  • Table of Statutes
  • Table of Rules of Court
  • Table of Administrative Rules and Regulations
  • Table of Other Authorities

Index

About the Author