psisci
02-10-2006, 08:24 PM
Legal Setback to Psychiatrists’ Attack On Psychologists’ Authority
California psychiatrists' recent lawsuit attempting to limit psychologists' practice may have backfired on the psychiatrists. As a direct consequence of the psychiatrists' lawsuit, the California Attorney General's office has responded by filing a brief in the lawsuit which fully supports psychologists' legal position. In its brief, the Attorney General (AG) declared that settled California law provides that psychologists may provide services within their scope of practice in health facilities without physician supervision and without discrimination.
In its filing, the Attorney General strongly affirmed that California law, as interpreted by the California Supreme Court in the 1990 CAPP v. Rank Supreme Court decision, recognizes the rights of psychologists in California to admit, treat, and discharge hospitalized patients without physician oversight. The position taken by the Attorney General is an important victory for Psychology Shield which has intervened in the case in support of the regulations that were issued by the California Department of Health Services.
The lawsuit filed by the California Psychiatric Association and the Union of American Physicians and Dentists is intended to overturn regulations adopted in 2005 by the California Department of Health Services (DHS) and the Office of Administrative Law (OAL). DHS adopted the regulations as a result of a petition by Psychology Shield. DHS' justification for the new regulations is that the law and the Supreme Court's interpretation of the law required the new regulations. DHS agreed. CPA Executive Director Dr. Jo Linder-Crow commented that "This positive legal development shows what can be accomplished when psychologists come together in a common effort."
The psychiatrists' lawsuit is on the calendar for a February 17th hearing in the Sacramento Superior Court. The Attorney General's brief is online at:
http://www.calpsychlink.org/progressnotes
*******************CPA’s Division of Professional Practice (Division I) recently approved a $10,000 dollar-for-dollar matching grant for Psychology Shield. APA, CPA and most of CPA's Divisions and Chapters and many individuals are contributing to support this important legal effort. Checks should be made payable to Psychology Shield, to 5100 Cascabel Road, Atascadero, CA 93422-2345.
California psychiatrists' recent lawsuit attempting to limit psychologists' practice may have backfired on the psychiatrists. As a direct consequence of the psychiatrists' lawsuit, the California Attorney General's office has responded by filing a brief in the lawsuit which fully supports psychologists' legal position. In its brief, the Attorney General (AG) declared that settled California law provides that psychologists may provide services within their scope of practice in health facilities without physician supervision and without discrimination.
In its filing, the Attorney General strongly affirmed that California law, as interpreted by the California Supreme Court in the 1990 CAPP v. Rank Supreme Court decision, recognizes the rights of psychologists in California to admit, treat, and discharge hospitalized patients without physician oversight. The position taken by the Attorney General is an important victory for Psychology Shield which has intervened in the case in support of the regulations that were issued by the California Department of Health Services.
The lawsuit filed by the California Psychiatric Association and the Union of American Physicians and Dentists is intended to overturn regulations adopted in 2005 by the California Department of Health Services (DHS) and the Office of Administrative Law (OAL). DHS adopted the regulations as a result of a petition by Psychology Shield. DHS' justification for the new regulations is that the law and the Supreme Court's interpretation of the law required the new regulations. DHS agreed. CPA Executive Director Dr. Jo Linder-Crow commented that "This positive legal development shows what can be accomplished when psychologists come together in a common effort."
The psychiatrists' lawsuit is on the calendar for a February 17th hearing in the Sacramento Superior Court. The Attorney General's brief is online at:
http://www.calpsychlink.org/progressnotes
*******************CPA’s Division of Professional Practice (Division I) recently approved a $10,000 dollar-for-dollar matching grant for Psychology Shield. APA, CPA and most of CPA's Divisions and Chapters and many individuals are contributing to support this important legal effort. Checks should be made payable to Psychology Shield, to 5100 Cascabel Road, Atascadero, CA 93422-2345.