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Examining the legal structure of the mental health system, this book explains the legal principles. It places them in the context of their practical application, the realities of patient life, and the complexities of organising care. This edition gives an analysis of the Mental Capacity Act, 2005 and the Draft Mental Health Bill.
Trainees consistently mentioned how helpful it was to have laws relevant to their clinical practice explained in a way that removed the mystery and anxiety associated with lawyers, courts, and judges. Each volume in the series sets forth, in a clear, straightforward, and user-friendly manner, pertinent legislation and court cases, covering why the law was written, what the law says, and how the law affects clinical practice.
Safeguard your mental health practice with up-to-date information and savvy advice on practicing in today's legal environment Today's mental health professional must approach the legal aspects of practice with both sensitivity and foreknowledge. The array of legal guidelines and ethical standards to comprehend is increasing in scope and complexity. Licensing issues, ethics questions, and malpractice suits all present pitfalls that, if ignored or misapprehended, can interrupt or even end a career. Written by two attorneys specializing in the legal aspects of mental health care, The Portable Lawyer for Mental Health Professionals, Second Edition is an indispensable survival guide for all clinicians. The authors explain how to handle allegations of malpractice, cope with threats of violence, preserve client confidentiality, and more. Each chapter features step-by-step guidance, helpful case studies, "legal light bulbs" highlighting important concepts, answers to frequently asked questions, dos and don'ts, and sample forms and contracts to help you safeguard your practice. Completely revised and updated, the Second Edition also includes new information on: * HIPAA * Treating older adults * Using "exotic" therapy techniques * Ethical and legal aspects of office leases * And more The Portable Lawyer for Mental Health Professionals, Second Edition offers the latest information for practicing in today's legal environment. Mental health caregivers, graduate students, attorneys, and clients alike will find this guide to be an invaluable resource.
Provides practical solutions for ending coercion in mental health care and realizing the universal right to legal capacity.
An indispensable book for both student and practicing clinicians, as well as for lawyers who want a better understanding of this interesting and ever-changing field, The Essentials of Florida Mental Health Law explains in a straightforward and user-friendly manner the laws most relevant to mental health practice in Florida.
Forensic psychologists and psychiatrists are increasingly asked to provide expertise to courts and attorneys in the criminal justice system. To do so effectively, they must stay abreast of important advances in the understanding of legal standards as well as new developments in sophisticated measures and the methods for their assessment. Fundamentals of Forensic Practice is designed to address the critical issues that are faced by mental health experts in their role of conducting assessments, presenting findings, and preparing for challenges to admissibility and credibility. Uniquely practical and comprehensive, this volume operationalizes legal standards and describes empirically validated methods for their evaluation. Not only is this essential for mental health professionals, but it is equally valuable to criminal attorneys. Lawyers require both clinical knowledge and understanding of legal standards in order to prepare their own experts and to challenge those on the opposing side. For both clinical and legal experts Fundamentals of Forensic Practice offers a full view of all phases of criminal proceedings: - Pretrial—diversion, determinations of bail, waivers of Miranda rights, and the capacity to consent to searches. - Trial—competency to stand trial and criminal responsibility. Beyond insanity, the latter addresses mens rea, automatism, and psychological context evidence, such as battered-woman syndrome. - Post-trial—sentencing, capital sentencing, competency to be executed, and other post-conviction issues. Other key features include: - Chapters on specific criminal issues in a consistent format, with comprehensive coverage of legal standards and relevant clinical methods - Guidelines for conducting more effective forensic evaluations - In-depth coverage of specialized assessments, eg. malingering, sexual predator cases, and the insanity defense. - A detailed overview of direct and cross-examination strategies This book is the second collaboration between Rogers and Shuman. As individual authors, each received the American Psychiatric Association’s prestigious Guttmacher Award for their outstanding contributions to forensic psychiatry.
This book has been replaced by Law and Mental Health, Second Edition, ISBN 978-1-4625-4047-1.
MENTAL HEALTH LAWS AND PROFESSIONALS.
Trainees consistently mentioned how helpful it was to have laws relevant to their clinical practice explained in a way that removed the mystery and anxiety associated with lawyers, courts, and judges. Each volume in the series sets forth, in a clear, straightforward, and user-friendly manner, pertinent legislation and court cases, covering why the law was written, what the law says, and how the law affects clinical practice.
This publication is a practical guide to the law on mental health issues that arise within the criminal justice framework in New South Wales. It offers comprehensive coverage and clear explanations of all of the important topics in this field and is an ideal resource for lawyers, mental health professionals, correctional health personnel, and anyone else engaged in the fields of criminal law and forensic mental health, or students with an interest in pursuing studies or a career in these areas. All chapters have been fully revised, updated and, in many cases, significantly expanded. The operation of the Mental Health Act 2007 and the Mental Health (Forensic Provisions) Act 1990 is dealt with in detail. New to this edition are the chapters on the management of forensic and correctional patients, infanticide, and a comprehensive chapter on the assessment and management of risk, including a section on the Crimes (Serious Sex Offenders) Act 2006.