Questions tagged [mental-health]
The mental-health tag has no usage guidance.
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Are documents generated by the patient part of psychotherapy notes under HIPAA?
HIPAA defines psychotherapy notes as follows (emphasis added):
Psychotherapy notes means notes recorded (in any medium) by a health care provider who is a mental health professional documenting or ...
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0answers
39 views
When was homosexuality as the reason for institutionalization outlawed in the US?
In the United States, I'm guessing that one can no longer commit a person to a mental hospital (AKA insane asylum) with the only reason for commitment being: "said person is gay".
Homosexuality is no ...
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1answer
130 views
What constitutes having a history of violent behavior against the person or another according to Maryland firearms law?
According to Maryland statutes, Title 5, Subtitle 2, § 5-205 (b) (6) (my emphasis), someone who
suffers from a mental disorder as defined in § 10-101(i)(2) of the Health - General Article and has a ...
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1answer
58 views
What is a “significant behavioral, emotional, or mental disorder” for the purpose of firearm disqualification in Hawaii?
According to Hawaii Statutes §134-7 (3) (my emphasis), no person who
Is or has been diagnosed as having a significant behavioral, emotional, or mental disorders as defined by the most current ...
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2answers
296 views
Gun ownership prior to involuntary commitment
My father gave me a family gun when I was 16.
Let's say I was involuntarily hospitalized recently do to an antidepressant overdose. Am I required to turn in my gun?
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98 views
FAA medical certification and the American with Disabilities Act
I'm in my early thirties and a recovered addict with a former diagnosis for bipolar disorder with psychotic features. However, I've been sober for five years, off all medications for four, and ...
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1answer
64 views
Legal Liability for mentally infirm
(This is a fictionalized question to help me understand an element of liability I stumbled across recently. My parents are not infirm and do not live with me)
I am well past the age of majority. ...
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1answer
42 views
Mental Capacity of family member with means
I have a family member who has over the last few years made quite a lot of money.
Recently he has been diagnosed with bi-polar.
He is ATM off his meds and is currently on a 'high' and spending a ...
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2answers
203 views
Can I refuse to provide information when a police officer asks about my mental health?
The studies aren't conclusive but some seem to suggest those with mental health diagnoses tend to be treated differently by police officers.
For example, Watson, Corrigan Ottti report that
...
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1answer
135 views
Can a police officer report to a psychiatrist?
In the United States, a psychiatrist calls a police officer under Tarasoff to report a possible danger. The police officer speaks with the potentially dangerous person and the dangerous person's ...
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2answers
1k views
Is it against HIPAA law for a high school to keep records of a mental health survey administered to all students?
At my son's high school, the administration administered a "Strengths and Difficulties Questionnaire" (SDQ) during class, which posed statements such as "I am often unhappy, depressed or tearful" and ...
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1k views
To what extent can mental illness create a defence or mitigation against liability in a civil case?
I'm thinking here of both UK and US law, which I assume will differ.
Suppose a defendant in a civil case (type of case unspecified) would ordinarily have no defence against the plaintiff/claimant's ...
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1answer
336 views
Taking control of an adult's healthcare
John Smith is over 18 but under 26. He lives with his parents in California. He has been diagnosed with bipolar disorder with possible comorbid psychological disorders.
John has been hospitalized ...
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1answer
55 views
Negligence of psychiatrist
What percentage of patients who attempted to sue their psychiatrist for negligence have succeeded?
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1answer
234 views
In Canada is it legal for a doctor not to be able to do something they should know?
This is a strange question. A few years ago I was a victim of a crime and I had been feeling bad about it. I go to University and once was told it's a good idea to make use of the counselors there ...
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2answers
726 views
Can a person be prosecuted for their thoughts?
Let's assume I'm thinking about ___ [1] - am I liable to prosecution?
I assume that having thoughts of any kind is not illegal and therefore cannot be prosecuted. We are not in "Minority Report" - ...
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2answers
614 views
Was I forced into a mental hospital legally?
If, after an accidental Xanax overdose, a person went to the ER to be safe, is it legal for the hospital to force them into a psychiatric hospital for three days? What if the person told the nurses it ...
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1answer
151 views
What is the likelihood of successfully suing a psychologist for detaining you under the Mental Health Act (UK)
My friend was sectioned some years ago by two social workers and a psychologist. He now believes it was unjust and wants to "clear his name".
I have advised him to drop it because it will be his word ...
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1answer
144 views
How does the process of a law appointed therapist work?
Say, for example, when a high school student is charged with a Minor in Possession for possessing alcohol, or with a similar charge for some other controlled substance. My understanding is that for ...
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1answer
184 views
(US) Under what circumstances can a person be forced to enter a facility for having a mental illness?
Though this question would be great to know for various legal systems, I'm tagging this with united-states since it will likely be complicated enough with just a single country being considered.
When ...
