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References in periodicals archive ?
Nonetheless, the Supreme Court has upheld restrictions on access to firearms based on involuntary commitment or adjudication as a "mental defective," meaning that gun control laws circumvent medical privacy laws, subjecting mentally ill patients to unwanted and unauthorized disclosure of treatment and diagnosis details.
Green says one of the legal challenges with involuntary commitment laws is determining what level of deterioration or addiction a person has to demonstrate to warrant being involuntarily sent to treatment.
Involuntary Commitment and Right to Waive Counsel: Supreme Court of Vermont holds that the Fourteenth Amendment precludes a patient from waiving counsel and proceeding pro se in involuntary commitment and involuntary medication proceedings.
attempt to call the person subject to the involuntary commitment as an
Involuntary commitment and detainment in adolescent psychiatric inpatient care.
Alternatively, if (1) there is no state law, or if the existing state law authorizes but does not require such disclosure; and (2) the records of an involuntary commitment or mental-health adjudication originate with a HIPAA-covered entity, or the HIPAA-covered entity is the state repository for such records, the HIPAA Privacy Rule permits a covered entity that performs both health-care and non-health-care functions (such as NICS reporting) to become a hybrid entity such that the HIPAA Privacy Rule applies only to its health-care functions.
like a criminal proceeding, the involuntary commitment of sex offenders
Now, at this point you are probably asking yourself: why not just have the examining physician file the involuntary commitment petition, which will have the same effect in prohibiting this person from owning a gun?
In involuntary commitment proceedings, the Supreme Court has required that those facing commitment receive many of the protections outlined in Section I.A, including the right to counsel for indigent individuals; however, there are laxer evidentiary standards, and the state only has to prove that an individual ought to be committed by clear and convincing evidence, rather than beyond a reasonable doubt.
"A North Carolina judge signed these involuntary papers forcing Jenelle to stay at a mental health facility, stating, 'It has been alleged that you are mentally ill and a proper subject for involuntary commitment."
(14) Part III begins with a brief examination of the history of involuntary commitment and treatment.