The Essentials of New York Mental Health Law: A Straight Forward Guide for Clinicians of All Disciplines / Edition 1

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Designed to remove the mystery and anxiety that many clinicians associate with the legal system, this guide introduces the law and gives answers to questions most often asked. Appendices include sample forms.

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What People Are Saying

Thomas G. Gutheil
This valuable series is truly an 'essential' component of the library of any student, scholar, or practitioner interested in the interface between mental health and law. Clear, highly accessible, knowledgeable, and complete, this series not only presents mental health law in its necessary clinical context, it also captures those very questions professionals are most likely to ask. A stunning contribution and a sure cure for clinician anxiety.
M.D., Professor of Psychiatry, Harvard Medical School President, American Academy of Psychiatry and Law
J. Reid Meloy
Three centuries ago John Locke penned these words: 'Wherever law ends, tyranny begins.' In these troubled times, we mental health professionals are reminded that totalitarian thinking and religious zealotry can dangerously threaten the psychological foundation of the rule of law. Steven Behnke and his colleagues bring us an elegant guide, a clear assertion, a beautifully written book that helps us understand, and affirms our belief in the emotional and intellectual importance of the law as it applies to mental health care.
PhD, ABPP, Associate Clinical Professor of Psychiatry, University of California, San Diego; Adjunct Professor, University of San Diego School of Law
Joel A. Dvoskin
The law at its best must be accessible, and that is the magic of this book. Never in my experience has mental health law been presented in such a clear, practical and useful fashion. Without sacrificing accuracy or legal sophistication, Behnke, Bernstein, and Perlin have written this book for the convenience of their readers, and it is a kindness that will indelibly and positively affect the lives of New Yorkers with serious mental illnesses and the people who work so hard to serve their needs.
Ph.D., ABPP, University of Arizona College of Medicine and Former Acting Commissioner, New York State Office of Mental Health
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Product Details

  • ISBN-13: 9780393703085
  • Publisher: Norton, W. W. & Company, Inc.
  • Publication date: 1/30/2004
  • Series: Professional Book Series
  • Edition description: New Edition
  • Edition number: 1
  • Pages: 242
  • Product dimensions: 6.40 (w) x 9.30 (h) x 1.20 (d)

Meet the Author

Stephen H. Behnke, J.D., Ph.D., is Director of the Program in the Practice of Scientific Investigation at the Harvard Medical School Division of Medical Ethics. He is on the Psychology Faculty of the Massachusetts Mental Health Center, and an Instructor in Psychology in the Harvard Medical School Department of Psychiatry.

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Table of Contents

List of Tables ix
Detailed Contents of Part II xi
Acknowledgments xxxi
Introduction xxxiii
Part I An Introduction to the Law 1
1. A Brief Introduction to the Law 3
2. Tarasoff and its New York Progeny 12
3. Privacy, Confidentiality, and Testimonial Privilege 27
Part II 300 Questions on New York Mental Health Law 57
4. The Legal System and Legal Process 59
5. Civil Commitment 82
6. Assisted Outpatient Treatment (Kendra's Law) 98
7. Criminal Law 111
8. Subpoenas and Court Orders 124
9. Guardians and Other Substitute Decision Makers 137
10. Confidentiality, Privilege, Mandatory Reporting, and HIPAA 155
11. Records and Record-Keeping 174
12. Professional Liability 183
13. Children and Families 212
Afterword 225
Index of Cases, Statutes, and Regulations 227
Important Phone Numbers and Web Addresses 231
Bibliography 233
Index of Subjects 235
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