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Everything you need to legally safeguard your mental health practice Fully revised, The Portable Lawyer for Mental Health Professionals, Third Edition identifies, explores, and presents solutions to both the simple and complex legal questions that mental health practices must deal with daily. Written by Thomas Hartsell Jr. and Barton Bernstein—attorneys and therapists specializing in legal issues concerning mental health—this essential guide arms professionals with the expert knowledge needed to avoid a legal violation, or to know how to handle a situation if a complaint is filed. With downloadable sample forms and contracts—including the new Informed Consent for Psychological Testing and Professional Limited Liability Member Agreement forms—this complete resource features step-by-step guidance, helpful case studies, and "legal light bulbs" to alert clinicians to warning signs and help them steer clear of legally questionable situations. New to the Third Edition: Coverage of how to conduct business in a digital world, including how to handle confidentiality issues surrounding electronic health records and cloud computing, distance therapy, and maintaining a professional client-therapist relationship in a Facebook world Vital information on a variety of associations' ethics guidelines A look at the Health Information Technology for Economic and Clinical Health (HITECH) Act Considerations for using or not using evidence-based treatments New information on working with minors and dealing with homicidal clients Convenient and comprehensive, The Portable Lawyer for Mental Health Professionals, Third Edition is the quick-reference resource that mental health professionals, graduate students, attorneys, and clients alike can rely on to make informed legal decisions.
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.
Now fully revised and in a second edition, The Portable Ethicist for Mental Health Professionals suggests solutions to the simple and complex ethical questions mental health professionals must deal with on a daily basis. This indispensable guide arms you with the expert knowledge you need to avoid an ethical violation?or to handle the situation if a complaint is filed. Web copy, 5/14/08, RH
A one-stop guide to testifying in court for mental health professionals Even the most seasoned mental health professionals can find themselves unnerved by the prospect of appearing in court, especially when presented with it for the first time. Those in the mental health field usually have no formal preparation for testifying in court, even though they often play an important part in many types of cases. The Portable Guide to Testifying in Court for Mental Health Professionals provides a concise yet comprehensive guide for practitioners preparing to appear in court. The authors employ their combined decades of legal work in the mental health field to provide a clear, no-nonsense handbook of what to expect, how to prepare, and what to look out for when testifying in court. Along with a general introduction to courts and the legal system, the text details topics such as: * Testifying both as an expert and involuntary witness * Protecting clients when bringing therapy into testimony * Preparing for testimony * Tips to use and lawyers' tricks to look out for when testifying in court Throughout the book, Bernstein and Hartsell use detailed case studies to provide specific examples. In addition, "legal light bulbs" offer important tips and facts, and appendices list relevant Web resources and provide common legal forms. A one-of-a-kind resource, The Portable Guide to Testifying in Court for Mental Health Professionals gives a complete view of your role in courtroom proceedings, offering a vital tool for both legal and mental health practices.
Risk Management in the Behavioral Health Professions is a comprehensive handbook for mental health and social service providers on prevention of malpractice lawsuits and licensing-board complaints. Frederic G. Reamer draws on his extensive firsthand experience as an expert witness in litigation and licensing-board cases throughout the United States to give readers an insider’s view of practical risk-management strategies. He provides in-depth discussion of common risk areas and steps practitioners can take to protect clients and themselves. Key topics include confidentiality and privileged communication; service delivery, including informed consent, assessment, boundary issues, suicide risk management, and use of technology; impaired practitioners; supervision and consultation; documentation; deception and fraud; and interruption and termination of services. Reamer offers pragmatic advice about how to respond to a lawsuit or licensing-board complaint. He emphasizes the challenges and risks related to remote service provision, especially during public health crises and pandemics. The book includes sample risk-management forms and templates as well as extensive case examples that illustrate fundamental risk-management concepts. Designed for behavioral health professionals including social workers, psychologists, mental health counselors, marriage and family therapists, psychiatrists, and substance use disorder treatment counselors, this book is an indispensable resource on how to navigate challenging ethics and risk-management issues.
A successor to the popular The Psychiatrist in Court: A Survival Guide, The Mental Health Professional in Court has expanded the scope of the earlier book to include other professionals in the field. The authors have thoroughly updated the text, and provided a comprehensive coverage of legal processes. This book equips the mental health professional with a hands-on, practical working knowledge of what to expect -- and how to survive -- in the courtroom and the legal system. The book includes many helpful features: An informal, user-friendly writing style that is accessible, reassuring, and empowering, and a succinct presentation that helps the reader achieve mastery of the material quickly and efficiently -- a boon when prepping for a court appearance A practical, rather than theoretical, approach to issues, with examples from literally hundreds of actual cases and countless consultations with peers and colleagues on how to deal with the legal system A thorough understanding of the book's audience. Because the authors understand that most mental health professionals' knowledge about going to court comes from television and movies, the book addresses the many deeply embedded misperceptions and distortions perpetuated by the media, taking the reader from rudimentary information about the legal system to more sophisticated topics, such as the different approaches to testifying. An indispensable legal glossary keyed to the text, which enhances understanding of courtroom terminology Other beneficial features, such as key points at the end of each chapter, which provide easy-to-locate summaries, and additional appendices, which outline the legal system and provide suggested readings. No one wants to appear in court, but in some cases it may be unavoidable. Brief enough to assimilate quickly, yet comprehensive in scope, The Mental Health Professional in Court: A Survival Guide is a reassuring and eminently useful guide designed to help the witness navigate the legal system.
Everything you need to know to protect your practice against ethical violations and complaints The Portable Ethicist for Mental Health Professionals is a valuable, easy-to-use resource for all mental health service providers. Written by two attorneys specializing in legal and ethical issues in mental health, this indispensable guide arms you with the expert knowledge you need to avoid an ethical violation–or to handle the situation if a complaint is filed. Barton Bernstein and Thomas Hartsell Jr. tackle dozens of ethical questions using the codes of several mental health professional associations and provide practical guidelines for avoiding ethically questionable behavior. Organized alphabetically for easy reference, this complete A-to-Z guide: Provides clear, concise answers to ethical questions–from the simple to the complex Covers key categories, including confidentiality, dual relationships, sexual misconduct, false and misleading statements, malpractice, drug and alcohol use, documentation, record keeping, closing a practice (retirement or death), responding to a subpoena, and more Features step-by-step guidance, helpful case studies, and "ethical flash points" that alert you to warning signs and help you steer clear of ethically questionable situations Covers the role of state licensing boards and national mental health associations in responding to complaints of ethical violations Even an unintentional ethical violation can lead to personal and professional disaster. The Portable Ethicist for Mental Health Professionals helps you protect yourself, your future, and your practice–and lets you focus on the best interests of your clients.
Despite the extensive technical literature on forensic mental health, there is a lack of practical guidebooks dedicated to generating clear and persuasive forensic mental health reports. Greenfield and Gottschalk present this practical handbook to address this critical need. This comprehensive guide outlines the proper format for forensic reports, contains multiple examples of full and partial reports, and is organized in a user-friendly, "how-to" style to accomplish its goal. The case overviews of full criminal reports, full civil reports, and civil summaries cover important topics such as domestic violence, malpractice, personal injury, malingering, and more. Key features: Full-length report samples with step-by-step guidelines explaining how each section of the report is done Designed to assist the novice, trainee, and seasoned forensic mental health practitioner Extensive commentaries and discussions following each case overview to convey how the report served to help resolve its case Extensive reference lists and appendices containing key terms, additional journals and periodicals, Internet resources, and assessment tools
Ethical, Legal and Professional Issues in the Practice of Marriage and Family Therapy