Mental Health Law Final

Define "Mental Health Law" - The body of laws and regulations governing issues related to mental health and the provision of mental health services in a particular jurisdiction.

3 Sources of Mental Health Law in Colorado - 1. Constitutions (the United States and Colorado)
2. Statutes (state and federal)
3. Case law

Colo. Rev. Stat. § 27-65-105 - allows invocation of emergency procedures to place a person in custody when any person appears to be mentally ill and, as a result of such mental illness, appears to be an imminent danger to other or to himself or herself

How long can a person be held under a § 27-65-105 hold? - 72 hours (3 days)

Define "gravely disabled" - a condition in which a person, as result of a mental health disorder, is incapable of making informed decisions about or providing for his or her essential needs without significant supervision and assistance from other people. As a result of being incapable of making these informed decisions, a person who is gravely disabled is a risk of substantial bodily harm, dangerous worsening of any concomitant serious physical illness, significant psychiatric deterioration, or mismanagement of his or her essential needs that could result in substantial bodily harm. A person of any age may be "gravely disabled", but such term does not include a person whose decision-making capabilities are limited solely by his or her developmental disability.

Colo. Rev. Stat. § 27-65-116(1)(a) - Clients in a treatment facility are entitled to receive treatment suited to meet their individual needs, delivered in such a way as to keep them in the least restrictive environment.

Standard in Colorado for "duty to warn" - the client has communicated to the mental health care provider a serious threat of imminent physical violence against a specific person or persons

The duty to warn may be discharged by these actions. - 1. Making reasonable and timely efforts to notify the person(s) threatened
2. Making reasonable and timely efforts to notify the person)s) responsible for a specific location or entity
3. Making reasonable and timely efforts to notify the appropriate law enforcement
4. Other appropriate action
5. Hospitalization

Based on Colorado statute related to prohibited activities, what are some grounds for disciplinary action in Colorado? - 1. False advertising
2. A practice-related felony conviction
3. Abuse of health insurance
4. Practicing outside your expertise
5. Maintaining relationships with clients likely to impair professional judgment or increase the risk of client exploitation, or exercising undue influence on the client
6. Failing to terminate if the client is not benefiting from therapy
7. Habitually or excessively using or abuses alcohol, a habit-forming drug, or a controlled substance

What is Colo. Rev. Stat. § 12-245-224? - Prohibited Activities

Within the federal system, which circuit does Colorado sit in? - Colorado sits in the 10th Circuit

Cases in which issues of Colorado law are decided by the Colorado Supreme Court are binding on... - Lower courts in Colorado only

What is the "holding" of a case? - The holding of a case is the legal principle for which the case stands; the holding is NOT the procedural outcome of the case (e.g., "reversed and remanded" or "affirmed"). Th holding is the principle of law for which this case would be cited as precedent by subsequent courts.

Black Letter Law - Black Letter Law refers to the basic standard elements or principles of law, which are generally known and free from doubt or dispute.

What did the Colorado Supreme Court say about mental health privilege in 1984 in regard to the Bond v. District Court case? - This privilege encourages and protects the person seeking treatment and that the policy consideration underlying the therapist-patient relationship is even MORE compelling than in the physician-patient relationship.