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Acknowledgments | |
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Introduction: How to Use This Book | |
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Improving the Accessibility of Legal Information | |
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Purpose of This Book | |
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Organization and Content of This Book | |
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Business Matters Affecting Practice | |
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Introduction | |
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Legal Credentialing and Privileges to Practice | |
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Licensure of Mental Health Professionals | |
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Unlicensed Mental Health Professionals | |
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Sunset of Credentialing Agencies and Regulations | |
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Hospital, Staff, and Administrative Privileges | |
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Supervisory Relationship | |
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Initiating Services | |
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Informed Consent to Services | |
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Informed Consent to Services for a Minor | |
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Fees, Billing, and Collection Arrangements | |
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Insurance Reimbursement for Service | |
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Maintaining and Disclosing Information | |
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Extensiveness, Ownership, Maintenance, and Access to Records | |
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Confidential Relations and Communications | |
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Confidentiality When the Patient Is a Minor | |
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Privileged Communications | |
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Protecting Third Parties From Dangerous People | |
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Reporting Past Criminal Activity | |
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Reporting Ongoing or Planned Criminal Activity | |
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Confidentiality With HIV-Positive Patients | |
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Reporting Child Abuse | |
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Reporting Adult Abuse | |
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Reporting Unprofessional Conduct by Other Practitioners | |
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Subpoena, Search, and Seizure | |
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Peer Review Activities | |
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Health Insurance Portability and Accountability Act | |
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Liabilities for Professional Activities | |
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Malpractice Liability | |
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Liability for Nonconsensual Treatment | |
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Liability for Breaching a Duty to a Third Party | |
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Other Forms of Civil Liability | |
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Criminal Liability | |
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Complaints Before State Licensure Boards and National and State Professional Ethics Committees | |
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Liability of Credentialing Boards and Ethics Committees | |
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Mental Health Services Related to Individuals, Families, the State, and the Workplace | |
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Introduction | |
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Competency Determinations | |
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Competency to Obtain a Driver's License | |
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Competency to Vote | |
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Competency to Testify | |
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Competency to Marry | |
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Competency to Sign a Will | |
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Guardianship for Adults | |
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Conservatorship for Adults | |
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Minors' Competency to Consent to an Abortion | |
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Child Care and Protection | |
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Guardianship for Minors | |
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Conservatorship for Minors | |
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Foster Care | |
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Adoption | |
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Abused and Neglected Children | |
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Termination of Parental Rights | |
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Education of Children | |
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Education for Gifted and Talented Children | |
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Education for Children With Disabilities or Handicaps | |
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Marriage Dissolution and Child Custody | |
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Annulment | |
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Divorce | |
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Child Custody After Marital Dissolution | |
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Juvenile Offenders Before the Court | |
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Juvenile Court and the Justice Process | |
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Competency of Juveniles to Stand Trial | |
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Nonresponsibility Defense in Juvenile Proceedings | |
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Transfer of Juveniles to Stand Trial as Adults | |
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State Interventions and Services for Individuals With Special Needs | |
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People With Mental Illness | |
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People With Alcoholism | |
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People With Substance Abuse Problems | |
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People With Developmental Disabilities | |
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Victims of Domestic Violence | |
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Victims of Other Crimes | |
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Violent Sexual Offenders | |
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People in Jail or Prison | |
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People Who Are Dying | |
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Law Enforcement | |
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Screening of Police Officers | |
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Profiling of Criminal Suspects | |
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Pretrial Matters in Criminal and Civil Litigation | |
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Competency to Waive the Rights to Silence, Counsel, and a Jury | |
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Precharging Evaluations | |
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Bail Determinations | |
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Competency to Stand Trial | |
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Trial Matters in Criminal and Civil Litigation | |
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Jury Selection and Trial Consulting | |
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Expert Witnesses | |
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Competency to Testify | |
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Provocation | |
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Culpable Mental State (Mens Rea) | |
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Diminished Capacity | |
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Criminal Responsibility | |
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Polygraph Evidence | |
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Psychological Autopsy | |
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Emotional Propensity to Sexual Misconduct | |
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Battered Woman's Syndrome | |
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Rape Trauma Syndrome | |
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Child Abuse Syndromes | |
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Hypnosis of Witnesses | |
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Eyewitness Identification | |
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Pornography | |
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Emotional Distress and Civil Liability | |
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Civil Liability of People With Mental Illness and Wrongdoers Who Are Legally Incompetent | |
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Posttrial Criminal Matters | |
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Competency to Be Sentenced | |
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Sentencing | |
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Probation | |
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Competency to Serve a Sentence | |
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Parole Determinations | |
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Competency to Be Executed | |
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Workplace-Related Services | |
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Mental Status of Licensed Professionals | |
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Competency to Contract | |
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Workers' Compensation and Insurance | |
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Vocational Disability Services | |
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Unfair Competition and Trademark Infringement | |
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Sexual Harassment | |
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Employment Discrimination | |
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Violence in the Workplace | |
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Conclusion: Taking the Next Step | |
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Recommended Readings | |
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Index | |
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About the Authors | |