AHLA Fundamentals of Behavioral Health Care Law (AHLA Members)
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Beginning in the mid-1950s, the approach to addressing serious behavioral health disorders began to shift from institutionalizing those afflicted to making community based outpatient treatment available. By the 1960s treatment policy had shifted to this new model to promote integrating people with mental illnesses into their communities. By 1970 community support programs began to appear with an emphasis on a fully continuous system of care that would serve the comprehensive needs of the seriously mentally ill. However, integrating behavioral and physical health requires that the applicable jurisprudence evolve at the same pace, and this faces resistance. Despite state legislatures' policy decisions that persons with mental illness can live in our society as functioning individuals, our jurisprudence of tort and injury law is often an impediment to that goal. This publication will serve as an introduction to the complex questions posed by behavioral health and the law.
• Change from institutionalization to community based outpatient system of care
• Legal duty owed by behavioral health providers to others
• Hindsight bias and its effect on behavioral health jurisprudence
• Criteria for when someone can be subjected to involuntary psychiatric treatment
• The impact of patient's illness on the rules that govern treatment records
• Integration of behavioral health with physical medical issues
• Includes behavioral health terminology, acronyms, abbreviations, and a list of governmental entities involved in behavioral health
• State charts on civil commitment, duty to ward, and confidentiality of mental health records
Published October, 2016
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Table of contents
TABLE OF CONTENTS
2 Behavioral Health Care Jurisprudence
3 Capacity and Consent to Treatment
4 Danger to Self or Others
5 Privacy, Security and HIPAA
6 Integrating Behavioral Health and Physical Medicine
7 Ethical Considerations for Behavioral Health Care Professionals
Appendix A Mental Health Statutes
Appendix B Civil Commitment Statutes
Table of Statutes
Table of Cases