The Essentials of New York Mental Health Law: A Straightforward Guide for Clinicians of all Disciplines

Stephen H. Behnke,Michael L. Perlin, Marvin Bernstein

Praise for Essentials of New York Mental Health Law:

“An outstanding resource for mental health professionals and legal professionals who work within the New York mental health system. . . . An essential reference tool that will certainly be a valuable and much-utilized addition to any clinician's bookshelf. The strengths of this book—comprehensive scope, straightforward explanations, and practical focus—make it an indispensable resource and a 'must-have' for mental health professionals who work in a variety of settings and roles.”
—AP-LS News

Overview – Excerpt

In The Essentials of New York Mental Health Law, Stephen H. Behnke, Michael L. Perlin, and Marvin Bernstein explain in a straightforward and accessible manner the laws most relevant to mental health practice in the state of New York. In both format and content, the book is designed to provide quick insight into the complexities of the law, and thereby dispel the mystery and alleviate the anxiety that many clinicians associate with the legal system.

Behnke, Perlin, and Bernstein divide their discussion of New York law into two parts. First, they provide an introduction to the law so as to give the reader a sense of how the relevant laws can be read, understood, and applied in clinical practice. In the second part, the authors address 300 specific questions clinicians most often ask about New York mental health law. The answers provide the reader with an understanding of how to analyze difficult clinical issues, including matters pertaining to the quality and duration of treatment, liability, confidentiality, and record keeping. Readers are given not just the facts; they are instructed regarding a process by which they can assess, understand, and resolve problems encountered in everyday practice.

Appendices include essential New York statutes and regulations, as well as sample forms and letters that clinicians can adapt to their own needs. Easy-to-read tables summarize essential legal information and provide at-a-glance reference resources for busy clinicians. A bibliography is included for those who wish to do in-depth reading in particular areas of mental health law.

The Essentials of New York Mental Health Law is an indispensable guide for clinicians as well as students. Other guides in this series include The Essentials of Florida Mental Health Law , The Essentials of California Mental Health Law and The Essentials of Massachusetts Mental Health Law

Advance Acclaim

‘This valuable series is truly an ‘essential’ component of the library of any student, scholar, or practitioner interested in the interface between mental health and law. Clear, highly accessible, knowledgeable, and complete, this series not only presents mental health law in its necessary clinical context, it also captures those very questions professionals are most likely to ask. A stunning contribution and a sure cure for clinician anxiety.’
--Thomas G. Gutheil, M.D., Professor of Psychiatry, Harvard Medical School President, American Academy of Psychiatry and Law

‘Three centuries ago John Locke penned these words: ‘Wherever law ends, tyranny begins.’ In these troubled times, we mental health professionals are reminded that totalitarian thinking and religious zealotry can dangerously threaten the psychological foundation of the rule of law. Steven Behnke and his colleagues bring us an elegant guide, a clear assertion, a beautifully written book that helps us understand, and affirms our belief in the emotional and intellectual importance of the law as it applies to mental health care.’
–-J. Reid Meloy PhD, ABPP, Associate Clinical Professor of Psychiatry, University of California, San Diego; Adjunct Professor, University of San Diego School of Law

‘The law at its best must be accessible, and that is the magic of this book. Never in my experience has mental health law been presented in such a clear, practical and useful fashion. Without sacrificing accuracy or legal sophistication, Behnke, Bernstein, and Perlin have written this book for the convenience of their readers, and it is a kindness that will indelibly and positively affect the lives of New Yorkers with serious mental illnesses and the people who work so hard to serve their needs.’
--Joel A. Dvoskin, Ph.D., ABPP, University of Arizona College of Medicine and Former Acting Commissioner, New York State Office of Mental Health

About the Authors

STEPHEN H. BEHNKE, J.D., PH.D., is Director of the American Psychological Association Office of Ethics and an Instructor in Psychology in the Department of Psychiatry at Harvard Medical School. A clinical psychologist and attorney, he has written widely on psychology, law, and ethics.

MICHAEL L. PERLIN, J.D., is Professor of Law at New York Law School. He has written twelve books and over 150 articles about all aspects of mental disability law. Previously, he was Director of the New Jersey Division of Mental Health Advocacy.

MARVIN BERNSTEIN, J.D., graduated from New York University Law School and has devoted his career to representing persons with mental disabilities. For the past fourteen years has served as Director of the Mental Hygiene Legal Service for the First Judicial Department, covering Manhattan and the Bronx. He is an adjunct professor at New York Law School.

ISBN: 0-393-70308-8
Fall 2003
Cloth, 240 pages