复制成功
  • 图案背景
  • 纯色背景

江t快三走势图—Principles of Addictions and the Law Applications in Forensic, Mental Health, an.

下载积分:1500

内容提示: 江t快三走势图—Principles of Addictions and the Law Applications in Forensic, Mental Health, and Medical Practice This page intentionally left blank 江t快三走势图—Principles of Addictions and the Law Applications in Forensic, Mental Health, and Medical Practice Edited by Miller Norman S. AMSTERDAM NEW SAN FRANCISCO • BOSTON YORK • OXFORD • • HEIDELBERG • PARIS SINGAPORE • LONDON SAN DIEGO SYDNEY • • • TOKYO Academic Press is an imprint of Elsevier ...

文档格式:PDF| 浏览次数:12| 上传日期:2014-03-12 12:44:15| 文档星级:
江t快三走势图—Principles of Addictions and the Law Applications in Forensic, Mental Health, and Medical Practice This page intentionally left blank 江t快三走势图—Principles of Addictions and the Law Applications in Forensic, Mental Health, and Medical Practice Edited by Miller Norman S. AMSTERDAM NEW SAN FRANCISCO • BOSTON YORK • OXFORD • • HEIDELBERG • PARIS SINGAPORE • LONDON SAN DIEGO SYDNEY • • • TOKYO Academic Press is an imprint of Elsevier Academic 32 Jamestown Road, London NW1 7BY, UK 30 Corporate Drive, Suite 400, Burlington, MA 01803, USA 525 B Street, Suite 1900, San Diego, CA 92101-4495, USA Press is an imprint of Elsevier First Copyright No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording or otherwise without the prior written permission of the publisher. Permissions may be sought directly from Elsevier’s Science & Technology Rights Department in Oxford, UK: phone ( (  44) (0) 1865 853333; email: permissions@elsevier.com Technology Books website at www.elsevierdirect.com edition 2010 © 2010 Elsevier Inc. All rights reserved  44) (0) 1865 843830; fax . Alternatively, visit the Science and rights for further information / Notice No responsibility is assumed by the publisher for any injury and/or damage to persons or property as a matter of products liability, negligence or otherwise, or from any use or operation of any meth-ods, products, instructions or ideas contained in the material herein. the medical sciences, in particular, independent verification of diagnoses and drug dosages should be made British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data A catalog record for this book is available from the Library of Congress ISBN : 978-0-12-496736-6 Because of rapid advances in For visit information on all Academic Press publications our website at www.elsevierdirect.com Typeset www.macmillansolutions.com Printed and bound in United States of America 10 11 12 13 10 9 8 7 6 5 4 3 2 1 by Macmillan Publishing Solutions v Contributors Preface xv xvii 1 . The Basic Legal Structure and Organization Anna Baumgras 1 Introduction The Judicial Branch Civil Law Versus Criminal Law Criminal Law Defenses to Crimes Civil Law Offenses Related to Addictions Basic Constitutional Rights The Bill of Rights The Legislative Branch Statutes Regulating Addictions Conclusion References : Sources of Law 1 2 3 4 4 6 7 9 9 11 1 2 16 16 2 . Addictions and the Law Norman S. Miller and Sara Spratt 17 Mens Definition and Relevance to Addictions Legal Precedent Addictive Disease Intoxication and Addiction Legal Precedent Criminal Law Insanity Defense Legal Precedent Criminal Competence Civil Competence Alcohol and Drug Use and Addiction as Risk Factors in Crime and Criminal Intent Civil Law in Selected Populations Child Abuse and Custody Sexual Offenders Malingering Rea and Capacity 18 1 8 1 9 19 1 9 20 20 20 20 21 21 21 22 22 23 23 Contents Contentsvi Corrections Goals of Treatment Diversion Prevalence of Alcohol and Drug Disorders during Incarceration Prevalence of Suicide and Alcohol and Drug Disorders during Incarceration Legal Precedent The Death Penalty and Addictions Involuntary Hospitalization Malpractice Competence to Sign into an Institution Informed Consent Injury to a Third Party by Alcoholics and Drug Addicts Adolescents and Juvenile Court and Addictions Prevalence of Alcohol and Drug Use and Disorders in Juvenile Populations Legal Precedents Forensic Pathology and Drug Testing Forensic Pathology Drug Testing Medical Records Rehabilitation Acts Conclusion References and Coerced Treatment 24 24 24 25 25 25 26 26 26 27 27 28 29 29 30 30 30 30 30 31 31 32 3 . Physician Practice of Addictions in Medical Practice Norman S. Miller 37 Introduction Clinical Prevalence of Alcohol and Drug Dependence in the General Population Prevalence of Multiple Drug Use and Dependence in Treatment Prevalence in the Medical Population Prevalence in Family and Workplace Populations Clinical Diagnosis Risk Assessment by Physicians Physical Examination and Laboratory Testing Clinical Course and Pathophysiology Clinical Comorbidity Treatment of Medical Disorders Associated with Alcohol and Drug Use and Addiction Physician Intervention Requirements of Physicians for Diagnosing and Treating Addictive Disease Abstinence-Based Method Improving Treatment for Alcoholism 37 38 Prevalence 38 38 39 39 39 40 40 41 41 41 41 42 43 44 Contentsvii Why Related Disorders Recommendations for Improving Education Training Research Studies on Medical Education in the Area of Addictive Medicine Conclusion References Physicians are Unprepared to Treat Drug- and Alcohol- 45 46 47 49 49 4 . Medical Licensure and Credentialing Mark J. Greenwood and Maureen Beasley-Greenwood 55 Introduction Peer Review Immunity Confidentiality Physician Profile Databases Medical Licensing Boards Judicial Oversight Federation of State Medical Boards The Model Policy Compulsory Reporting Examination/Evaluation Grounds for Action Disciplinary Action against Licensees Impaired Physicians The Impaired Healthcare Professional Identifying the Problem Ethical Responsibility and Legal Risk Confidentiality versus Disclosure Physician Health Program (PHP) References 55 57 57 59 60 64 65 67 67 67 68 68 68 68 69 69 69 71 72 72 5 . Privacy within the First Decade of the Twenty-First Century Roy G. Beran 75 Introduction Codes of Conduct for Privacy Patient Access to Medical Records Electronic Health Records Update from the Privacy Commissioner Practice Audits Conclusion References 75 76 76 77 78 79 79 80 6 . Bioethical Decisions, Substance Use and Addiction: The Clinical Context Sana Loue Introduction Substance Use, Addiction and Informed Consent 81 81 82 Contentsviii Pregnancy The Effects of Substance Use on the Fetus Legal Responses to Maternal Substance Use during Pregnancy Ethical Issues for the Healthcare Provider Liver Transplantation Treating Pain Conclusion References , Substance Use and Addiction 83 83 85 86 87 89 92 92 7 . Domestic Public Health Law Lesley Stone and Susan C. Kim 97 Introduction Controlled Harrison Narcotics Act of 1 91 4 Federal Bureau of Narcotics and Henry Anslinger Food and Drug Administration (FDA) Food, Drug and Cosmetic Act of 1 938 Prescription Drug User Fee Act of 1 992 (PDUFA) Federal Agency and Policy: Supply and Demand Reducing the Supply of Illegal Drugs in the United States The Other Side of the Coin: Reducing Demand for Drugs in the United States Conclusion References 97 98 98 99 1 02 1 03 1 03 105 1 05 Substances 1 07 110 110 8 . International Law, Public Health and Addiction Peter J. Hammer 113 What International Addiction: The Perspective of Drug Control International Organizations and the Infrastructure of Drug Control Addiction: The Perspective of Public Health Why is International Law Relevant to Addiction Practitioners? Physicians and Scientists Lawyers and Judges Social Workers, Community Activists, Policymakers and Sufferers of Addiction Addiction and Human Rights International Advocacy and the Framework Convention on Tobacco Control References is International Law? Law in the Field of Addiction 114 115 1 1 5 1 1 9 1 21 124 1 25 1 26 1 30 1 30 1 31 132 9 . Medical Malpractice Mark Cooney 135 Overview The Essential Elements The Standard of Care: Duty and Breach of Medical Malpractice Law 135 1 35 1 35 Contentsix Application Standard of Care and Breach Causation of Damages Experts Informed Consent Defenses Comparative Negligence Assumption of Risk Statute of Limitations References to Addiction Cases 136 1 36 1 43 1 46 146 149 1 49 1 52 1 54 156 10 . Expert Witness in Civil and Criminal Testimony Norman S. Miller 159 Expert Federal Rule of Evidence 702 Federal Rule of Evidence 703 Role of Experts Duties of Experts Mens Rea and Capacity Expert Role in Criminal Cases Medical Malpractice Expert Role in Medical Malpractice Cases Medical Experts Admissibility of a Medical Expert Damage Experts Conclusion References Qualifications 159 1 59 1 60 161 161 162 162 163 163 1 63 1 65 1 65 166 166 11 . Forensic Considerations in Blood Alcohol Evaluation Werner U. Spitz 167 Introduction Alcoholism References 167 167 174 12 . Pharmacological Drug Effects on Brain and Behavior Richard A. Greer and Mark S. Gold 177 Introduction Influence of Neurobiology and Neurotransmitters Molecular Mechanisms and Neurobiological Consequences of Drug and Alcohol Use Performance-Enhancing Drugs Conclusion References 177 1 78 1 79 1 84 188 188 13 . Forensic Toxicology Michele L. Merves, Bruce A. Goldberger 193 Introduction Postmortem Forensic Toxicology 193 194 Contentsx Human Forensic Standard Operating Procedural Manual Chain of Custody Dual-Testing Philosophy Sample Preparation Liquid – Liquid Extraction Solid – Phase Extraction Detection Techniques Immunoassay Gas Chromatography Liquid Chromatography Mass Spectrometry Method Validation References Performance Forensic Toxicology Urine Drug Testing 195 195 1 96 1 96 1 96 1 97 1 97 1 98 1 98 1 98 1 99 1 99 1 99 200 201 14 . Forensic Psychiatry, Substance Use and Mental Illness Joel M. Silberberg and Adair Crosley 203 Introduction Epidemiology Basic Legal Concepts and Statutes Affirmative Defense Statutes Inherent Conflict Between Free Will, Public Safety and the Disease Concept and Substance Addiction Free Will Disease Concept The Conflict between Free Will, Public Safety and the Disease Model Criminal and Civil Competence for the Addicted Competence to Stand Trial Civil Competencies Treatment Issues for this Population in Different Clinical Settings Clinical Assessment in Forensic Settings Treatment in Forensic Settings Civil Commitment Correctional Settings, Diversion and Coerced Treatment, Community Re-entry and Reintegration Conclusion References 203 203 205 21 1 213 21 3 21 4 21 4 216 21 7 21 8 219 21 9 21 9 220 221 223 223 15 . Legal Rights of Fetuses and Young Children Frank E. Vandervort 229 Introduction Impact of Prenatal Drug Exposure on the Developing Fetus Impact of Substance Abuse on Children Need for and Access to Treatment Rights of Fetuses Generally 229 230 231 231 232 Contentsxi Rights Response to Report Courts ’ Responses to Child Protection Actions on Behalf of Fetuses Courts ’ Responses to Substance Exposed Neonates Other Civil Remedies Public Health Approaches Criminal Charges Search and Seizure and Consent Charges that Can be Sustained Charges that Cannot be Sustained Access to Substance Abuse Treatment Records Access to Records and HIPAA Conclusion References of Fetuses: Civil Child Protective Proceedings 234 235 236 237 238 239 240 241 242 244 245 247 248 249 16 . Criminal Populations and Substance Abuse Roger H. Peters, John M. Ray and Janine Kremling 253 Introduction Interventions Correctional Treatment Programs Legal Standards for Substance Abuse Treatment in Correctional Facilities Judicial and Statutory Approaches to Substance Abuse Civil Commitment for Substance Use Disorders Drug Courts State and Federal Drug Laws Laws Regulating Drinking and Driving Information Sharing Between the Justice and Treatment Systems International Approaches to Criminal Populations and Substance Abuse Legal Foundations for Treatment Provided in Justice Settings Points of Intervention for Offender Drug Treatment Conclusion References for Substance Abuse in Correctional Facilities 253 254 254 255 256 256 257 259 261 262 264 265 266 269 270 17 . Legal Authority, Medical Basis and Public Policy for Controlling and Scheduling Controlled Substances Norman S. Miller 277 Overview Other Substances Legal Authority to Control Substances: Standards and Schedules Federal Rules and Regulations for Controlled Substances State Statutes and Regulations for Controlled Substances Drug Enforcement Administration and Food and Drug Administration of Controlling and Scheduling Drugs and 277 278 278 279 280 Contentsxii Temporary Scheduling to Avoid Imminent Hazards to Public Safety Abuse Potential Evaluation of Drugs and Other Substances Factors Determinative of Control or Removal from Schedules Legislative Intent for Potential for Abuse Levels of Drug Control and Scheduling Medical Basis for Potential of Abuse FDA Role Public Policy for Controlling and Scheduling Substances References Immediate Precursors 280 280 281 281 282 283 284 287 287 288 290 18 . Use of Addictive Medications and Drugs in Athletics Woodburne O. Levy and Kavita Kalidas 293 Introduction Historical Overview Factors Influencing Athletes Use of Substances Performance -Enhancing Drugs Anabolic Steroids Central Nervous System Stimulants Erythropoietin and Blood Doping Alcohol References 293 296 299 299 300 300 305 31 3 31 4 315 Perspective 19 . Class Action to Protect Against Discrimination of Individuals with Alcohol and Drug Addictions Norman S. Miller 323 Introduction Class Action as a Thesis to Promote Change for Discriminated Members History of Mixed Success in Class Action Litigation for Addictions Unfair and Lethal Discrimination against Classes of Addicted Individuals Evident in Government Policy Discriminatory Policies and Laws against Cigarette Smokers Addiction Addiction is a Disease Defined as a Medical Disorder and by Legal Status Addiction as a Medical Disease Class Actions Class Action Litigation is an Effective Strategy to Protect against Discriminatory Policy and Laws History of Tobacco Cases Demonstrate Powerful and Unethical Forces against Traditional Litigation Form a Discriminated Class of Harmed Individuals with Small Claims to Make Class Tight and Class Action Superior Public Support for a Class Consisting of Alcoholics and Drug Addicts Suffering from a Disease 323 323 324 325 325 326 326 327 327 327 328 329 329 Contentsxiii Numerosity and Commonality: Prevalent Disorders Define Damages and Fraud Where Individual Issues do not Predominate and Class Action is Superior to Traditional Litigation for a Discriminated Class Core Legal Theories and Causality Specific Areas of Class Action Litigation in Medically- Related Cases Liability for Fraudulent Marketing of Controlled Substances: Litigation against Purdue Pharma Class Certification Upheld Class Certification Denied Medical Monitoring of a Class Class Action is Superior to Other Methods Superiority of Class Action Frequently Determines Success of Litigation Superiority can be a Single Forum Predominance Requirement Depends on Individual Issues for Causes in Addiction Individual Interests in Controlling Individual Suits in Mass Tort Litigation Common Knowledge Theory Conclusions from Class Actions in Addiction Legacies from Tobacco, Opiate Medications and Alcohol The Road Less Traveled References Class Defined 330 331 332 332 333 334 334 335 335 335 336 337 338 339 339 340 340 341 341 Index 345 This page intentionally left blank xv Maureen Roy G. Beran School of Medicine, Griffith University; and Strategic Health Evaluators, Chatswood, NSW, Australia Mark Cooney (9), Thomas M. Cooley Law School, Lansing, MI, USA Adair Crosley (14), Northwestern University, Chicago, IL, USA Mark S. Gold (12), School of Law Department of Psychiatry, University of Florida College of Medicine & McKnight Brain Institute, Depts of Psychiatry, Neuroscience, Anesthesiology, Community Health & Family Medicine, Gainsville, FL, USA Bruce A. Goldberger (13), Department of Pathology, Immunology and Laboratory Medicine, University of Florida College of Medicine, Gainesville, FL, USA Mark J. Greenwood (4), Aero Med Spectrum Health, Grand Rapids, MI, USA Richard A. Greer (12), Division of Forensic Psychiatry, University of Florida, College of Medicine, Department of Psychiatry, Gainsville, FL, USA Peter J. Hammer (8), Wayne State University Law School, Detroit, MI, USA Kavita Kalidas (18), Headache Fellow, Department of Neurology, University of South Florida College of Medicine, FL, USA Susan C. Kim (7), O’Neill Institute for National and Global Health Law, Georgetown University, Washington, DC, USA Janine Kremling (16), Department of Criminal Justice, California State University at San Bernardino, CA, USA Woodburne O. Levy (18), Department of Mental Health and Behavioral Sciences, University of South Florida College of Medicine, James A Haley Veteran Affairs Medical Center, Tampa, FL, USA Sana Loue (6), Case Western Reserve University, School of Medicine, Department of Epidemiology and Biostatistics, Cleveland, OH, USA Michele L. Merves (13), Department of Pathology, Immunology and Laboratory Medicine, University of Florida College of Medicine, Gainesville, FL, USA Norman S. Miller (2, 3, 10, 17, 19), Department of Medicine, College of Human Medicine, Michigan State University, East Lansing, MI, USA Roger H. Peters (16), Department of Mental Health Law and Policy, Louis de la Parte, Florida Mental Health Institute, University of South Florida, FL, USA John M. Ray (16), Department of Psychology, University of South Florida, FL, USA Joel M. Silberberg (14), Division of Psychiatry and Law, Feinberg School of Medicine, Northwestern University, Chicago, IL, USA Werner U. Spitz (11), Wayne State University School of Medicine, University of Windsor, Ontario, Canada Sara Spratt (2), Private Practice, Chicago, IL, USA Lesley Stone (7), Georgetown University School of Foreign Service, Washington, DC, USA Frank E. Vandervort (15), University of Michigan, Ann Arbor, MI, USA Anna Baumgras Beasley-Greenwood (5), South Western Clinical School, University of New South Wales: (1), Midland, MI, USA (4), Cherry Street Health Services, Grand Rapids, MI, USA Contributors This page intentionally left blank xvii Drug in the American legal system. The pervasive presence of legal consequences from alcohol and drug disorders is evidence in medical-legal populations. The identification and treatment of addictive diseases are increasingly important in forensic practice, particularly in cases pertaining to criminal conduct, malprac-tice, employment, disability, child custody, and correctional psychiatry. Courts make legal decisions that have direct bearing on the fate of those with addictive disorders. The legislative branches of federal and state govern-ments create significant and far-reaching laws that affect large numbers of addicted individuals. The constitutional amendments, particularly the 14th Amendment, provide due process and equal protection of the law for individu-als with drug and alcohol addictions. Governmental administrative agencies create policies, rules, codes, and regulations to execute legislative statutes that govern the deterrence, treatment, prosecution, and diversion of offenders with addictive diseases. Alcohol and drug addiction occupy a paradoxical place within medicine and the law. On the one hand, addiction is considered a disabling illness. As early as 1925 the United States Supreme Court stated that addicts and proper subjects for … treatment. ” On the other hand, addiction is consid-ered willful misconduct. Although court decisions, the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990 have provided protec-tion for addiction treatment and rehabilitation, other court decisions and laws have provided punishment for those with alcohol and drug addiction who com-mit crimes. Addiction to drugs and alcohol is a mental illness that can reduce the capac-ity of the individual to resist the use of these substances and hence avoid the resulting adverse consequences. The addictive drive can compel the individual to relapse to the adverse effects of alcohol and drugs despite the initially intact capacity to form intent in the legal sense in the abstinent state. Once the com-pulsive use of drugs and alcohol is initiated, the capacity to form intent is fur-ther compromised by the intoxicating effects of these substances acting directly on the brain. Addiction is a disease that is defined by a preoccupation with acquiring alcohol and drugs, compulsively using them, and patterns of relapse to alcohol and drugs. Preoccupation is demonstrated by a high priority for the use of alco-hol and drugs in an individual’s life. Compulsivity is demonstrated by contin-ued use despite recurring adverse consequences, including legal consequences. Addicted individuals often relapse, returning to drug use despite adverse consequences. and alcohol addictions and the law are historically well acquainted “ are diseased Preface Prefacexviii Legal not willful misconduct in a legal sense. Court cases have emphasized that being a drug addict or an alcoholic is a status and not a crime. 江t快三走势图—Principles of Addictions and the Law is a book for mental health profes-sionals, health practitioners, and legal professionals wanting to better under-stand how the science of addiction may be relevant to the law, and how laws and legal practices pertain to clients with addiction problems. Information in this book will assist psychologists and physicians with understanding the proc-ess and statutes that may apply to their client/patient, as well as information to improve their knowledge in serving as an expert witness. Information in this book will similarly assist legal professionals in understanding statutes and case law pertaining to addiction. The book begins with an overview of how addictions are treated within the law, and moves on to privacy of medical records, bioethical decisions that relate to substance abuse and addiction, drug testing show, forensic toxicology, epidemiology, co-morbidity, the general biology of addiction, and then the effects of substance abuse and addiction on special populations. As an introduction to some of the material covered later in the book, it may be useful to know legal precedents relating to addiction and the law. In Robinson v California, the U.S. Supreme Court ruled that the California law against being a drug addict was unconstitutional. The Court said that the law could not make “ status ” a crime, and the treatment and punishment represented different goals. In Powell v State of Texas, the U.S. Supreme Court ruled that public drunkenness was a crime, but that being an alcoholic (status) was not. In Foucha v Louisiana, the U.S. Supreme Court ruled that Foucha was not suffering from a mental illness, and that due process required that he could be held only as long as he was both mentally ill and dangerous. He had committed his crime while in a drug-induced psychosis. In the abstinent state, he was not considered mentally ill, although he probably did suffer from a drug addiction. Addiction is highly correlated with violence and criminal behavior. According to the MacArthur study, substance abuse tripled the rate of violence among individuals in the community who were not patients and increased the rate of violence among discharged patients by up to five times. Patients dis-charged from psychiatric hospitals who had symptoms of alcohol or drug use were as violent as their neighbors who were not patients. In a study of self-reported violence among 10,000 individuals within a community, alcohol and drug abuse or dependence accounted for more than half of the incidences of violence among those individuals who had psychiatric diagnoses. According to another study, substance abuse is a much greater risk factor for violence than is mental illness. Alcohol or drug dependence is the leading psychiatric diag-noses in studies of completed suicides, and is a leading risk factor in those who attempt and complete suicide. decisions have acknowledged that addiction to drugs and alcohol is – what it can and can’t Prefacexix Alcohol including alcohol, are associated with crime. At least 35% of convicted offenders were under the influence of alcohol at the time of their offense. An additional significant proportion of offenders were using other drugs at the time of their offense. More than 50% of murderers were using alcohol, drugs, or both at the time of their crime. Alcohol, cocaine, amphetamine and derivatives, phencyclidine hydrochloride, and heroin drugs are particularly linked to violent behavior toward others. In other studies, violence due to alcohol and drugs was attributed to crimes to gain access to these substances and to resolve disputes over them, as well as to the effects of these substances on the individual’s mind and behavior. Drugs diminish control, impair insight and judgment, induce grandiosity and paranoia, disinhibit, and provoke and stimulate uncontrollable behaviors. Alcohol intox-ication was responsible for most violent crimes, including murders, assaults, sexual assaults and family violence. Sixty-two percent of violence offenders were drinking at the time of their crime. Among individuals with psychotic disorders, those with substance-related co-morbidity and a history of violent behavior are more likely to be hospitalized repeatedly and least likely to com-ply with medications after discharge. Alcohol and drug disorders are highly prevalent in incarcerated populations. Lockups contain large numbers of individuals with alcohol and drug intoxica-tion withdrawal. The suicide rate is higher in lockups than in jails or prisons. Eighty-two percent of all jail inmates said they had used an illegal drug, and 25% stated they had received treatment for a mental or emotional disorder. Sixty-one percent of the men and 70% of the women in jail had a lifetime prev-alence of substance use disorder. Sixty-two percent of prison inmates reported regular drug use of a drug at sometime in their lives. Half of all prison inmates in 1991 had used cocaine in some form. More than 80% of the women in prison had a lifetime prevalence of a substance use disorder. According to the National Institute of Mental Health Epidemiologic Catchment Area program study, 72% of prison inmates had a lifetime prevalence of substance abuse. There is legal precedent in how to appropriately treat this population. The 8th Amendment prohibits cruel and unusual punishments. It applies to those who are convicted of a crime, but not to the pretrial detainees. Convicted prisoners, therefore have a constitutional right to medical care. In Estelle v Gamble, the U.S. Supreme Court set the medical need as the standard that constitutes tion of pain ” proscribed by the 8th Amendment. In Ruiz v Estelle, prisoners brought forth a class action suit regarding con-ditions of confinement. Six essential elements from the district court ruling pro-vided guidelines for planning mental health services: systemic screening and evaluation; treatment that was more than mere seclusion or close supervision; participation by trained mental health professionals; accurate, complete and and drug addiction are highly prevalent in criminal acts. All drugs, “ deliberate indifference “ unnecessary and wonton inflic-” to serious Prefacexxconfidential records; safeguards against psychotropic medication prescribed in dangerous amounts, without adequate supervision, or otherwise inappropriately administered; and a suicide prevention program. This gives a flavor of some of the issues relating to addiction and the law discussed further in this book. Chapters here further discuss privacy issues of the addicted patient, drug testing, forensic toxicology, epidemiology, co-morbidity, the general biology of addiction, and the effects of substance abuse and addic-tion on special populations. Written by experts in law and psychiatry, with case law, clinical vignettes, and landmark cases to illustrate material, we believe this book will be an important reference to those needing to better understand the principles of addiction and the law. 江t快三走势图—Principles of Addictions and the Law: Applications in Forensic, Mental Health, and Medical PracticeCopyright © 2000 by Elsevier Inc. All rights of reproduction in any form reserved.20101 The Basic Legal Structure and Organization Anna Midland, MI, USA Baumgras INTRODUCTION: SOURCES OF LAW The vent overpowering government offi...

关注我们

关注微信公众号