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Editors' Preface ix
Author's Preface xv
Acknowledgments xvii
Legal Credentialing 1
Licensure and Regulation of Mental Health Professionals 3
Licensure and Regulation of Psychiatrists 4
Licensure and Regulation of Psychiatric Nurses 9
Licensure and Regulation of Psychologists 12
Subdoctoral and Unlicensed Psychologists 16
Licensure and Regulation of Social Workers 19
Licensure, Certification, and Regulation of School Psychologists 23
Certification of School Counselors 25
Licensure and Regulation of Marriage and Family Therapists 26
Licensure of Other Types of Mental Health Professionals 27
Licensure and Regulation of Hypnotists 28
Licensure and Regulation of Polygraph Examiners 29
Regulation of Unlicensed Mental Health Professionals 30
Sunset of Credentialing Agencies 31
Business Matters 33
Sole Proprietorships 35
Professional Corporations 36
Partnerships 38
Health Maintenance Organizations 41
Preferred Provider Organizations 42
Individual Practice Associations 43
Hospital, Administrative, and Staff Privileges 44
Zoning for Community Homes 46
Insurance Reimbursement for Services 47
Mental Health Benefits in State Insurance Plans 48
Tax Deductions for Services 49
Limitations on and Liability for Practice 51
Informed Consent for Services 53
Extensiveness, Ownership, and Maintenance of and Access to Records 54
Confidential Relations and Communications 56
Privileged Communications 60
Search, Seizure, and Subpoena of Records 66
State Freedom of Information Act and Open Meeting Law 69
Right to Refuse Treatment 78
Regulation of Aversive and Avoidance Conditioning 82
Quality Assurance for Hospital Care 83
Malpractice Liability 84
Other Forms of Professional Liability 88
Criminal Liability 91
Liability of Credentialing Boards 92
Antitrust Limitations to Practice 93
Families and Juveniles 95
Competency to Marry 97
Guardianship for Adults 98
Conservatorship for Adults 105
Annulment 109
Divorce 110
Child Custody After Dissolution of a Marital or Other Relationship 112
Reporting of Adult Abuse 116
Reporting of Child Abuse 119
Abused and Neglected Children 122
Termination of Parental Rights 128
Guardianship for Minors 133
Conservatorship for Minors 136
Foster Care 138
Adoption 140
Delinquency and Children in Need of Services 143
Competency of Juveniles to Stand Trial 147
Nonresponsibility Defense 148
Transfer of Juveniles to Stand Trial as Adults 149
Voluntary Admission and Civil Commitment of Minors 151
Education for Gifted and Handicapped Children 153
Consent, Confidentiality, and Services for Minors 158
Consent for Abortion 160
Evaluation and Treatment of Children at the Request of a Noncustodial Parent 162
Other Civil Matters 163
Mental Status of Licensed Professionals 165
Workers' Compensation 167
Vocational Disability Determinations 169
Emotional Distress as a Basis for Civil Liability 171
Civil Liability of Incompetent Persons 173
Competency to Contract 174
Competency to Sign a Will 176
Competency to Vote 178
Competency to Obtain a Driver's License 179
Product Liability 180
Unfair Competition 182
Employment Discrimination 184
Civil and Criminal Trial Matters 187
Jury Selection 189
Expert Witnesses 193
Polygraph Evidence 195
Competency to Testify 196
Psychological Autopsy 198
Battered Woman Syndrome 199
Rape Trauma Syndrome 201
Hypnosis of Witnesses 202
Eyewitness Identification 204
Criminal Matters 205
Screening of Police Officers 207
Competency to Waive the Rights to Silence, Counsel, and a Jury 208
Precharging and Pretrial Evaluations 210
Bail Determinations 213
Competency to Stand Trial 215
Provocation 219
Mens Rea 220
Diminished Capacity 221
Criminal Responsibility 222
Competency to Be Sentenced 226
Sentencing 228
Probation 229
Dangerous Offenders 230
Habitual Offenders 231
Competency to Serve a Sentence 232
Mental Health Services in Jails and Prisons 233
Transfer From Penal to Mental Health Facilities 234
Parole Determinations 236
Competency to Be Executed 238
Pornography 239
Services for Sex Offenders 240
Services for Victims of Crimes 243
Voluntary or Involuntary Receipt of State Services 245
Medicaid 247
Health Care Cost Containment System 248
Voluntary Admission of Mentally Ill Adults 249
Involuntary Commitment of Mentally Ill Adults 250
Voluntary Admission and Involuntary Commitment of Alcoholics 256
Voluntary Admission and Involuntary Commitment of Drug Addicts 258
Services for People With Developmental Disabilities 259
Hospice Care 261
Appendix 263
Table of Cases 265
Table of Statutes 270
Table of Rules of Court 274
Table of Administrative Rules and Regulations 275
Table of Other Authorities 276
Index 277
About the Author 283
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