Mental Health Practice and the Law

Edited by Ronald Schouten

Primer On

Accessible guide to commonly enocountered legal issues will be helpful to anyone in the mental health field
Offers practical advice on managing a variety of situations at the interface of law and clinical practice
Uses case examples to help readers grasp the legal aspects behind clinical care

Mental Health Practice and the Law

Edited by Ronald Schouten

Description

Mental health professionals, more than any other clinicians, encounter legal issues on a regular basis. This is a book for anyone in the field, at any stage in their training or practice, who has ever found themselves scratching their head in confusion or dreading that they will expose themselves to liability as they navigate the complexities at the interface of law and mental health. Written by established experts and the rising stars of the next generation, the 16 chapters in this book offer readers a basic understanding of legal principles encountered in clinical practice, as well as practical advice on how to manage situations at the interface of law and clinical practice. Using case examples and clear language, this book helps clinicians understand the underlying principles behind the legal requirements of clinical care. It aims to enhance the reader's knowledge of legal issues and ability to deliver good clinical care when those issues are encountered. This book is unique in that it is, first and foremost, for mental health clinicians in training and those already in practice. While it is not a textbook for lawyers or forensic clinicians, forensic specialists and other professionals who encounter mental health issues in their work, such as law enforcement professionals, will benefit from its practical and clear discussion of legal and mental health issues.

Mental Health Practice and the Law

Edited by Ronald Schouten

Primer On

Chapter 1: Basics of the Law and Legal System
Ronald Schouten
Chapter 2: Civil Commitment
Ronald Schouten and Philip Candilis
Chapter 3: Violence Risk Assessment
Jennifer L. Piel and Ronald Schouten
Chapter 4: Practice and Malpractice in the Evaluation of Suicidal Patients
Gary Jacobson
Chapter 5: Informed Consent
Ronald Schouten and Kimberly Kumer
Chapter 6: Guardianships, Conservatorships, and Alternative Forms of Substitute Decision Making
Ronald Schouten and Rebecca W. Brendel
Chapter 7: Treatment Refusal
Ariana Nesbit, Steven K. Hoge, and Debra A. Pinals
Chapter 8: Malpractice
Jennifer L. Piel and Phillip J. Resnick
Chapter 9: Confidentiality and Testimonial Privilege
Robert Scott Johnson and Ronald Schouten
Chapter 10: Evaluation of Child Abuse and Neglect
Matthew Soulier and Catherine Ayoub
Chapter 11: Juveniles and the Law
Matthew Lahaie and Robert Kinscherff
Chapter 12: Mental Health Professionals and the Criminal Justice System
Reena Kapoor and Alec Buchanan
Chapter 13: Disability Evaluations
Marilyn Price
Chapter 14: Malingering and Factitious Disorder
Scott Beach and Matt Lahaie
Chapter 15: Ethics at the Intersection of Mental Health and the Law
Philip J. Candilis and Navneet Sidhu
Appendix 1: Sample Letter for Standard Medical Disqualification
Appendix 2: Sample Letter for Permanent Medical Disqualification
Appendix 3: Subpoena Form

Mental Health Practice and the Law

Edited by Ronald Schouten

Primer On

Author Information

Dr. Schouten practiced law in Chicago before attending medical school and has combined his legal and medical training to provide consultation and training to a wide variety of groups and individuals. He teaches at the undergraduate, graduate, and postdoctoral levels, and is a regular contributor to the continuing education of physicians, psychologists, social workers, judges, attorneys, and law enforcement. Dr. Schouten is the Director of the Massachusetts General Hospital/Harvard Medical School Forensic Psychiatry Fellowship. He serves as a testifying and consulting expert in civil and criminal matters, and as a consultant to organizations and government agencies on topics ranging from workplace violence to terrorism.

Contributors:

Catherine Ayoub, EdB, MN, RN
Boston Children's Hospital
Boston, Massachusetts

Scott R. Beach, MD, FAPM
Psychiatrist, Avery Weisman Psychiatric Consultation Service
Massachusetts General Hospital
Associate Program Director, MGH/McLean Adult Psychiatry Residency
Assistant Professor of Psychiatry, Harvard Medical School
Boston, Massachusetts

Rebecca W. Brendel, MD, JD
Center for Law, Brain, and Behavior
Harvard Medical School
Boston, Massachusetts

Alec Buchanan PhD MD FRCPsych
Associate Professor
Department of Psychiatry
Yale School of Medicine
New Haven, Connecticut

Philip J. Candilis, MD, DFAPA
Director, Forensic Psychiatry Fellowship
Saint Elizabeths Hospital/Dept. of Behavioral Health
Washington DC
Clinical Professor of Psychiatry
George Washington University School of Medicine and Health Sciences
Howard University College of Medicine
Adjunct Professor of Psychiatry
Uniformed Services University of Health Sciences

Gary Jacobson, MD
Massachusetts General Hospital
Boston, Massachusetts

Steven K. Hoge, MD, MBA
Columbia-Cornell Forensic Psychiatry Fellowship Program
Columbia University
New York, New York

Reena Kapoor, MD
Associate Professor
Department of Psychiatry
Yale School of Medicine
New Haven, Connecticut

Robert Kinscherff, PhD, JD
William James College
National Center for Mental Health and Juvenile Justice
Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics
Harvard Law School
Boston, Massachusetts

Kimberly Kumer, MD
Community Support Services Inc.
Akron, Ohio

Matthew Lahaie, MD, JD
Fellow in Forensic Psychiatry, Law and Psychiatry Service
Massachusetts General Hospital
Clinical Fellow, Harvard Medical School
Boston, Massachusetts

Ariana Nesbit, MD
Cambridge Health Alliance
Harvard Medical School
Cambridge, Massachusetts

Jennifer Piel, JD, MD
Assistant Professor and Associate Psychiatry Residency Program Director,
Department of Psychiatry and Behavioral Sciences
University of Washington
Staff Psychiatrist,
VA Puget Sound Health Care System
Seattle, Washington

Debra A. Pinals, MD
Associate Professor
University of Massachusetts Medical School
Ann Arbor, Michigan

Marilyn Price, MD
Harvard Medical School
Massachusetts General Hospital
Worcester, Massachusetts

Phillip Resnick, MD
Professor of Psychiatry
Case Western Reserve University School of Medicine
Cleveland, Ohio

Robert Scott Johnson, MD, JD
Harvard Medical School
Massachusetts General Hospital
Boston, Massachusetts

Navneet Sidhu, MD
Northcoast Behavioral Healthcare
Cleveland, Ohio

Matthew Soulier, MD
Associate Professor
Department of Psychiatry and Behavioral Sciences
UC Davis Medical Center
Sacramento, California