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Council on Psychiatry and Law

In addition to reviewing and drafting position statements and resource documents for the APA pertaining to the interface of psychiatry and the law, the Council's principal responsibility is to evaluate legal developments of national significance, proposed legislation, regulations, and other government intervention that will affect the practice of psychiatry, including the subspecialty of forensic psychiatry.

The Council focuses on legislation, regulation, and case law that has the potential to influence the provision, quality or availability of mental health care and services, alter the psychiatrist-patient relationship, affect confidentiality or the rights of patients, or that will otherwise regulate the practice of psychiatry in the public or private sector. Additional areas of attention include child forensic psychiatry, corrections, assessment of violence risk, and psychiatric issues that reflect international concerns (e.g., abuse of psychiatry and psychiatrists, violence, terrorism, and human rights).

In fulfillment of this charge, the Council is responsible for making recommendations concerning pending legislation that may affect effective psychiatric treatment, research and training; preparation of model statutes for district branch use; monitoring regulations (and other forms of implementation of legislation); and drafting appropriate statements, resource documents, and recommendations for APA policy. A function of the Council is to make recommendations to the Board of Trustees regarding appellate cases in which the APA should participate as amicus or support DB/SA participation as amicus, based on input from the Committee on Judicial Action. When there are time constraints, requests from the Committee on Judicial Action may go directly to the Board of Trustees after consultation with the chair of the Council on Psychiatry and Law.

Term

Three years; volunteer leaders will be eligible for reappointment for an additional three year term at the conclusion of their first term.

Expected Time Commitment

The Council on Psychiatry and Law officially meets as a full Council two times per year (Spring and Fall), either in person or virtual. The Council also hosts a joint meeting with the Committee on Judicial Action each Fall that is an educational program with invited guest speakers. In addition, Council Members are expected to actively participate on subject matter workgroups to conduct the work of the Council between such meetings. Council Members typically spend two to five hours per month per workgroup on such activities.

Desired Expertise

Expertise on diverse psychiatric issues, including forensic psychiatry and experience in carceral settings is desirable, but not required. General knowledge of how legislative and legal processes operate is also helpful.

Responsibilities

Council Members are expected to participate in all meetings of the full Council and to actively participate in one or more workgroups between such meetings. Council Members may also monitor legislative and legal developments and identify relevant issues for APA’s consideration. Members of the Council are expected to volunteer as chair or co-chair of the Council's workgroups.

Additional Criteria

The Council is a particularly busy component and it requires a significant contribution from all Members to complete the relevant work. Many Members participate simultaneously on multiple workgroups.

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