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Mental Health Law Mental Health Law January 2017 Syllabus Professor Tovino University of Houston Law Center Health Law and Policy Institute ______________________________________________________________________ General Course Information Course: Mental Health Law Course No.: 5297 Section No.: 25140 Credits: 2 Classroom: TBD Dates: January 2, 3, 4, 5, 6, 9, and 10, 2017 Time: 9:00 a.m. to 12:30 p.m. Instructor: Stacey A. Tovino, JD, PhD E-mail: [email protected] Course Description and Objectives This course will examine a variety of civil and administrative issues pertaining to mental health care access, quality, liability, and finance. Particular attention will be given to federal and state mental health parity law and mandatory mental health and substance use disorder law; federal and state laws protecting the confidentiality of mental health and substance use disorder records; federal and state regulation of interventions such as restraint, seclusion, electroconvulsive therapy, and psychosurgery; state law scope of practice issues for mental health professionals, including psychiatrists, psychologists, social workers, advance nurse practitioners, and counselors; state regulation of involuntary inpatient and outpatient commitment; and civil liability and/or professional discipline for negligent failure to diagnose, negligent misdiagnosis, negligent treatment, negligent referral, sexual and romantic relationships with patients, patient injury following elopement, and patient suicide. Course Materials There are no required or recommended casebooks. All of our course materials, including a variety of federal and state statutes, regulations, and judicial opinions, are on TWEN. Course materials are listed below under Course Schedule. Course Evaluation I will base 100% of your final grade on one anonymous, closed-book, two-hour, final examination, which shall include fifty multiple-choice questions. You shall not bring into the examination any resources or materials such as my PowerPoint presentations, notes, personal outlines, or commercial outlines you may take, make, purchase, or otherwise obtain. Course Attendance At the beginning of each class session, I will distribute an attendance sheet for you to sign. If you are absent for twenty percent (20%) or more of our class sessions, I reserve the right to administratively disenroll you. Use of Laptop Computers during Class; Class Etiquette You are more than welcome to use laptop computers during class for note taking and other class- related activities. You shall not use laptop computers during class for purposes unrelated to class including, but not limited to, playing on the Internet. If you use your laptop computer for purposes unrelated to class, I reserve the right to consider you absent in accordance with my rules regarding “Course Attendance,” above. You shall turn off all beepers, pagers, cell phones, and other non- laptop computer electronic devices prior to entering the classroom. Course Schedule I have divided our Mental Health Law course into nine substantive segments (‘Segments’). You shall read the first Segment (Readings 1.1 – 1.5) before the first class session on Monday, January 2, 2017, at 9:00 a.m. I will announce at the end of each class session when I anticipate we will begin the next Segment. All reading assignments are available on TWEN. Segment Topic Readings 1 Federal and State Mental Health 1.1 MHPA Parity Law and Mandatory Mental 1.2 MHPAEA Health and Substance Use 1.3 ACA Disorder Benefit Law 1.4 Texas Benchmark Plan 1.5 C.M. v. Fletcher Allen Health Care 2 Federal and State Mental Health 2.1 45 C.F.R. §§ 164.501, .508(a)(2) Information Confidentiality Law 2.2 Tex. Health & Safety Code Ch. 181 2.3 Tex. Health & Safety Code Ch. 611 2.4 Tedford v. Coastal Behavioral Health 3 Federal and State Restraint and 3.1 42 C.F.R. § 489.13(e), (f), (g) Seclusion Law 3.2 Tex. Health & Safety Code Ch. 322 3.3 Tex. Health & Safety Code § 576.024 4 State Mental Health Malpractice 4.1 Tex. Civ. Prac. & Rem. Code Ch. 74 Law 4.2 Arlington Heights Sanitarium v. Deaderick 4.3 Weeks v. Harris County Hospital District 4.4 J.J. Martinez v. Texas State Board of Medical Examiners 4.5 Tarasoff v. Regents of the University of California 2 4.6 Bishop v. South Carolina Dept. of Mental Health 4.7 Bormann v. Great Southwest General Hospital 4.8 Texarkana Memorial Hospital v. Firth 4.9 Laura R. v. Baylor University Medical Center 4.10 Harris v. Harris County Hospital District 4.11 Mounts v. St. David’s Pavilion 4.12 Providence Health Center v. Dowell 5 State Electroconvulsive Therapy 5.1 Tex. Health & Safety Code Ch. 578 Law 5.2 Tex. Admin. Code § 601.2(q) 6 State Voluntary Mental Health 6.1 Tex. Health & Safety Code Ch. 572 Services Law 7 State Involuntary Civil 7.1 Tex. Health & Safety Code Ch. 574 Commitment Law 7.2 Tex. Health & Safety Code Ch. 573 7.3 Tex. Health & Safety Code Ch. 593 7.4 Tex. Health & Safety Code Ch. 462 7.5 Bradford Crockard, A Beginner’s Guide to Involuntary Commitments, 43(6) Prosecutor (2013). 7.6 Mormon Church v. U.S. 7.7 Packard v. Packard 7.8 Addington v. Texas 7.9 State v. Lodge 7.10 Moss v. State 7.11 Broussard v. State 7.12 State v. K.E.W. 8 Scope of Practice of Mental Health 8.1 Elayne J. Heisler & Erin Bagalman, The Professionals Mental Health Workforce: A Primer, Congressional Research Service Rpt. (Apr. 16, 2015). 9 Neurolaw 9.1 Stacey A. Tovino, Functional Neuroimaging and the Law: Trends and Directions for Future Scholarship, 7(9) Am. J. Bioethics 44 (2007). 9.2 Stacey A. Tovino, Incidental Findings: A Common Law Approach, 15 Accountability in Research 242 (2008). 9.3 Stacey A. Tovino, Will Neuroscience Redefine Mental Injury? 12 Indiana Health L. Rev. 695 (2015). 9.4 Stacey A. Tovino, Remarks: Neuroscience, Gender, and the Law, 42 Akron L. Rev. 941 (2009). 3 .
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