Mental Health Law Flashcards
Generally, a mental health professional is determined by what?
State Law
What are the 4 most common mental health professionals?
Psychologists
Psychiatrists (MDs)
Social Workers
Records Administrators
What are the three main Mental Health Treatment Sites?
Psychiatric Hospitals
Halfway House/Day Treatment Centers
Outpatient Treatment
What are the 4 legally recognized Privacy Principles?
Professional Ethics
Confidentiality
Privileged Communications
Duty to Protect
When does the mental health professional usually have a duty to warn when their patient makes a threat?
- If there is a reasonably identifiable victim, and
2. “intent” and “capability” present
What are the three ways to get patients records?
With Patient consent
Without patient consent
Under State/Federal Regulation
What are 4 general options to access a patients records without patient authorization?
- Duty to warn/protect
- Confidentiality exceptions
- Court Order
- USSS exception under Federal Regulations
What is SSF 1945?
Authorization to review medical and mental health files
what is SSF 1945A?
Cover Letter, Release of Patient info with authorization letter (accompanies the 1945)
What is SSF 1946?
Release of Information Under Standards of Privacy
When and with whom would you use a SSF 1946?
Goes to the mental health facility when you do not have the patients authorization to obtain their records/info.
If you get the patient to sign the SSF 1945 but the mental health facility won’t accept it because it doesn’t conform with their standards what should you do?
Amend your 1945 and get the patient to re-sign it, or, take the form that the mental health facility uses it and get the patient to sign off on that form.
How long are SSF 1945’s good for?
They expire upon the conclusion of the inquiry being conducted or within 45 days from the date of signature, whichever is later.
