Developments in Mental Health Law

Articles from Vol. 7, No. 1-2, January-June

An Update on State Regulation of Hypnosis
Introduction [section] 18.2-315. Hypnotism and mesmerism.--If any person shall hypnotize or mesmerize or attempt to hypnotize or mesmerize any person, he shall be guilty of a Class 3 misdemeanor. But this section shall not apply to hypnotism or...
Court Limits Psychiatric Assistance
Pruett v. Commonwealth of Virginia, 232 Va.--, 3 VLR 1217 (1986) and Beaver v. Commonwealth of Virginia, 232 Va.--, 3 VLR 1717 (1986). In these two cases, the Virginia Supreme Court upheld the death sentence. Of particular interest to forensic evaluators...
Drunk Driving: Problems with per Se Evidence
Keeping in mind that 26,300 accidental deaths are attributed to drunk driving annually in the United States, consider the following scenario: a twenty-two year old is involved in a minor motor vehicle accident, fails the field sobriety tests on two...
Federal Substance Abuse Confidentiality Regs Upheld
Mandatory notice to patients Effective August 10, 1987, the revised federal regulations governing the confidentiality of alcohol and drug abuse patient records will require notice of the regulations to be provided to patients. 42 C.F.R. [section]2.22,...
Individual with Contagious Disease Is "Handicapped Person"
School Board of Nassau County, Florida v. Arline,--U.S.--, 55 U.S.L.W. 4245 (March 3, 1987). In this landmark case the United States Supreme Court held that a person with a contagious disease is considered handicapped and is protected by the provisions...
Malpractice Panel Member May Be Deposed
Klarfeld v. Salsbury,--Va.--, 355 S.E. 2d 319 (1987). Parties to a medical malpractice action in Virginia have the right to take the pretrial deposition of any member of a medical malpractice review panel, the collective opinion of which may be...
New Qualifications of Forensic Examiners
In the wake of significant controversy over the meaning of statutory language specifying the qualifications required of mental health professionals to perform forensic evaluations, the General Assembly in 1987 amended [section][section]19.2-169.5 and...
Parents Not Liable for Child's Attack
Bell v. Hudgins, 232 Va.--, 3 VLR 1679 (1987). After sixteen-year-old Littleton C. Hudgins, III, tried to rape Anne Hunter Bell, and severely injured her with a knife at the Mariner Hotel where she worked as a desk clerk, Bell sued, inter alia,...
Preventive Detention Approved
United States v. Salerno,--U.S.--, 55 U.S.L.W. 4663 (May 26, 1987). Arrestees may be detained prior to trial under the authority of section 3142(e) of the Bail Reform Act (Act) of 1984 on the grounds that they pose a threat to the safety of individuals...
Proceedings under Illinois Sexually Dangerous Persons Act Considered Civil, Not Criminal
Allen v. Illinois,--U.S.--, 54 U.S. L.W. 4966 (June 24, 1986). In a 5-4 opinion rendered on July 1, 1986, the United States Supreme Court held that the fifth amendment guarantee against compulsory self-incrimination does not apply to proceedings...
Virginia Supreme Court to Hear Appeal on Physical Punishment of Mentally Retarded Residents
On July 24, 1987, the Virginia Supreme Court agreed to decide whether Judge Gerald Tremblay of the Circuit Court for the County of Albemarle correctly ruled that the Faith Mission Home (Mission), is exempt from obtaining a state license required for...
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