The Portable Lawyer for Mental Health Professionals An A-Z Guide to Protecting You Clients, Your Practice, and Yourself

Abstract

The "Portable Lawyer" is primarily directed to mental health professionals of all disciplines who can benefit from a quick and up-to-date reference to legal and ethical issues. The book covers over 35 general topics. When practitioners/providers of mental health services have a question or situation that has possible legal or ethical overtones, they can consult the contents and index and be guided to rules and principles that apply to the specific problem, without extensive research. Armed with fundamental knowledge and examples of relevant documents, together with the answers suggested in this text, practitioners can make informed decisions, including consulting with a lawyer for further clarification and advice. The "Portable Lawyer" is also directed to consumers of mental health services who feel something has gone wrong with the services available or already being provided. Because of the mystique surrounding mental health (from the consumer's point of view), the recipients of mental health treatment often do not know where to go to discover whether the actions of a therapist or provider are appropriate. This book discusses what can go wrong so that the consumer can decide whether the treatment received was appropriate or actionable. We hope that the therapy will be competent, caring, appropriate, and helpful. In this second edition, we build on the general principles described in the original book by providing answers to frequently asked questions and adding additional information and knowledge. We use the questions as a technique for teaching the law that applies to mental health professionals. We encourage readers to seek the advice of an attorney in their jurisdiction for clarification of explanations and principles included in this book. In addition to the questions, we have modernized and supplemented the forms from the previous edition to reflect the literature and current case law. For example, professionals now seek more protection under their client contracts, and ethical statements and licensing laws require that clients have additional information in their quest for "informed consent." Finally, the "Portable Lawyer," Second Edition, includes critical information on the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implications for the delivery of mental health services. (PsycInfo Database Record (c) 2021 APA, all rights reserved)