Law and Mental Health Professionals-Texas / Edition 3

Law and Mental Health Professionals-Texas / Edition 3

by Daniel W. Shuman
Pub. Date:
American Psychological Association

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Law and Mental Health Professionals-Texas / Edition 3

Law & Mental Health Professionals: Texas, 3rd Edition provides a thorough review of the laws in the state of Texas 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 Texas Constitution, state statutes, regulations of administrative agencies, appellate court decisions, and the Texas 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.

Product Details

ISBN-13: 9781591471172
Publisher: American Psychological Association
Publication date: 04/30/2004
Series: Law and Mental Health Professionals Series
Edition description: New Edition
Pages: 300
Product dimensions: 6.10(w) x 9.00(h) x 1.20(d)

Table of Contents

Editors' Prefaceix
Author's Prefacexv
Section 1.Legal Credentialing1
1.1Licensure and Regulation of Mental Health Professionals3
1.2Licensure and Regulation of Psychiatrists4
1.3Licensure and Regulation of Psychiatric Nurses14
1.4Licensure and Regulation of Psychologists20
1.5Subdoctoral and Licensed Psychological Associates26
1.6Licensure and Regulation of Social Workers28
1.7Licensure and Regulation of Licensed Specialists in School Psychology33
1.8Certification of School Counselors and School Social Workers36
1.9Licensure and Regulation of Marriage and Family Therapists40
1.10Licensure of Other Types of Mental Health Professionals44
1.11Licensure and Regulation of Hypnotists53
1.12Licensure and Regulation of Polygraph Examiners54
1.13Regulation of Licensed Mental Health Professionals59
1.14Sunset of Credentialing Agencies60
Section 2.Business Matters61
2.1Sole Proprietorships63
2.2Professional Corporations64
2.4Health Maintenance Organizations74
2.5Preferred Provider Organizations76
2.6Individual Practice Associations77
2.7Hospital, Administrative, and Staff Privileges78
2.8Zoning for Community Homes80
2.9Insurance Reimbursement for Services82
2.10Mental Health Benefits in State Insurance Plans86
2.11Tax Deductions for Medical Services87
Section 3.Limitations on and Liability for Practice89
3.1Informed Consent for Services91
3.2Extensiveness, Ownership, Maintenance, and Access to Records94
3.3Confidential Relations and Communications100
3.4Privileged Communications104
3.5Search, Seizure, and Subpoena of Records108
3.6State Freedom of Information Act112
3.7Right to Refuse Treatment113
3.8Regulation of Aversive and Avoidance Conditioning117
3.9Quality Assurance for Hospital Care119
3.10Malpractice Liability121
3.11Other Forms of Professional Liability129
3.12Criminal Liability133
3.13Liability of Credentialing Boards136
3.14Antitrust Limitations to Practice138
Section 4.Families and Juveniles141
4.1Competency to Marry143
4.2Guardianship for Adults144
4.3Conservatorship for Adults149
4.6Child Custody After Marital Dissolution155
4.7Reporting of Adult Abuse160
4.8Reporting of Child Abuse165
4.9Abused and Neglected Children170
4.10Termination of Parental Rights173
4.11Guardianship for Minors179
4.12Conservatorship for Minors182
4.13Foster Care183
4.15Delinquency and Persons in Need of Supervision193
4.16Competency of Juveniles to Stand Trial197
4.17Nonresponsibility Defense200
4.18Transfer of Juveniles to Stand Trial as Adults202
4.19Voluntary Admission and Civil Commitment of Minors204
4.20Education for Gifted and Handicapped Children206
4.21Consent, Confidentiality, and Services for Minors209
4.22Consent for Abortion212
4.23Evaluation and Treatment of Children at the Request of a Noncustodial Parent218
Section 5.Other Civil Matters221
5.1Mental Status of Licensed or Certified Professionals223
5.2Worker's Compensation226
5.3Vocational Disability Determinations232
5.4Emotional Distress as a Basis for Civil Liability237
5.5Insanity of Wrongdoers and Civil Liability240
5.6Competency to Contract243
5.7Competency to Sign a Will246
5.8Competency to Vote249
5.9Competency to Obtain a Driver's License250
5.10Product Liability251
5.11Unfair Competition254
5.12Employment Discrimination257
Section 6.Civil and Criminal Trial Matters261
6.1Jury Selection263
6.2Expert Witnesses268
6.3Polygraph Evidence272
6.4Competency to Testify275
6.5Psychological Autopsy279
6.6Battered Woman's Syndrome281
6.7Rape Trauma Syndrome284
6.8Hypnosis of Witnesses286
6.9Eyewitness Identification288
Section 7.Criminal Matters291
7.1Screening of Police Officers293
7.2Competency to Waive the Rights to Silence, Counsel, and a Jury294
7.3Precharging and Pretrial Evaluations296
7.4Bail Determinations297
7.5Competency to Stand Trial299
7.7Mens Rea306
7.8Diminished Capacity307
7.9Criminal Responsibility308
7.10Competency to Be Sentenced312
7.12Community Supervision (Probation)315
7.13Dangerous Offenders317
7.14Habitual Offenders319
7.15Competency to Serve a Sentence320
7.16Mental Health Services in Jails and Prisons321
7.17Transfer From Penal to Mental Health Facilities323
7.18Parole Determinations324
7.19Competency to Be Executed327
7.21Services for Sex Offenders331
7.22Services for Victims of Crimes336
Section 8.Voluntary or Involuntary Receipt of State Services339
8.2Medical Assistance Program342
8.3Voluntary Admission of Mentally Ill Adults345
8.4Involuntary Commitment of Mentally Ill Adults348
8.5Voluntary Admission and Involuntary Commitment of Alcoholics359
8.6Voluntary Admission and Involuntary Commitment of Drug Addicts365
8.7Services for People With Developmental Disabilities366
8.8Hospice Care370
Table of Cases375
Table of Statutes379
Table of Rules of Court390
Table of Administrative Rules and Regulations391
Table of References to Constitution393
About the Author401

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