Providing care to patients with mental health issues is
complicated. It isn’t always easy to know what is “right” and
what is “legal.”
The 2011 Mental Health Law manual was written to help
hospitals understand the laws governing mental health treatment
as well as the rights and protections of the patients they serve.
The manual also details special protections for individuals who
may be unable to make rational decisions regarding their care,
specific requirements regarding the use and disclosure of health
information, and unique reporting requirements.
Written in a user-friendly manner, all state and federal laws
governing mental health treatment and privacy through July 2011
are addressed.
Updates to the 2011 edition include:
Expanded legal authority of minors 12 years and older to
consent to outpatient mental health treatment
New legal authority for psychologists to order restraint and
seclusion in an acute care hospital
Amendment to laws regarding abuse and neglect reporting,
"reasonable suspicion," and the Confidentiality of Medical
Information Act
Update regarding who may be given information relevant
to reports of a child suffering serious emotional damage
Revisions to the form for holding patients in a
non-5150-designated facility, model Conditions of Admission
form, and many other CHA forms
New discussion of the “two doctor consent” myth
Expansion of immunity provisions for the detention of a
patient in a non-5150-designated hospital
New Medical Board of California requirement for
certifying medical records during request
Minor clarification to the privacy law regarding disclosures
by a psychotherapist regarding a patient’s threat of violence
And more!
575 pages (5th edition, 2011)
Content
The Mental Health Law manual contains over 500 pages, 11
chapters, 65 forms and appendixes, multiple preemption analyses,
and new to this edition is an index of key terms. Each manual
also includes a CD containing .pdf files of the forms, many
available in English and Spanish.
Contents:
Overview of Mental Health Laws
Principles of Consent for Mental Health Patients
Voluntary Admission and Involuntary Detainment for Mental
Health Treatment
Rights of Mental Health Patients
Restraint and Seclusion
Privacy Rights and Notice of Privacy Practices
Use and Disclosure of Protected Health Information:
From basic principles to specific procedures, the Consent
Manual is your one-stop resource for all legal requirements
related to patient consent for medical treatment, release of
medical information, reporting requirements and more. Learn
exactly what the law requires and what you need to do to comply.
NOTE: This manual will be updated when the revised federal
privacy regulations are published. HHS had expected
them to be published by March 2012, but they are not available.
We are hoping for a Summer 2012 release of the new edition.
Significant requirements have been imposed on hospitals and other
health facilities with the passage of federal and state laws
regulating the privacy, security, use and disclosure of health
information.
Lois Richardson has served as CHA’s legal resource for the past
19 years, primarily as legal counsel and most recently as vice
president of legal publications and education.
