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J Mich Dent Assoc February 2024

The Journal of the Michigan Dental Association

Every month, The Journal of the Michigan Dental Association brings news, information, and features about Michigan dentistry to our state's oral health community and the MDA's 6,200+ members. No publication reaches more Michigan dentists!

• The February issue previews the 2024 Annual Session in Lansing, highlighting 61 courses, 48 speakers, and Michigan’s largest dental exhibit hall
• A Feature article on The MDA Member Assistance Program: Real Help When You Need It
• News You Need, including The MDA announcement of John Tramontana as the new CEO/executive director
• The MDA Student Debt Resource Center
• Updates on the MDA website refresh
• Celebrating National Children’s …

Navigating The Legal Landscape Of Mental Health In The Workplace: Insights For The Dental Practice, Gary Chamberlin Milr, Jd

The Journal of the Michigan Dental Association

Dealing with an employee’s mental health situation poses complex challenges for human resource professionals. Dental practices, typically run by busy dentists or administrative managers, often lack a human resource professional and the legal expertise needed to navigate the intricacies of employment laws pertaining to mental health disabilities. Moreover, mental health issues in the workplace are sensitive, private matters that intersect with disability and leave laws and are still associated with cultural stigmas despite evolving societal attitudes. This article provides specific scenarios that give insights into the legal issues when managing dental office employees with mental health conditions. Readers should address …

Mental Health In The Dental Workplace: Recognizing Signs, Communicating Concern, And Sharing Resources, Karen M. O'Brien, Karoline J. Trovato

The Journal of the Michigan Dental Association

Dentists face numerous concerns in the workplace, including stress, burnout, anxiety, and depression. Mental health concerns affect the workplace in profound ways, including engagement in and quality of work and patient care, the level of productivity, and health care costs. Recognizing mental health concerns is an important first step in assisting dentists and their staff in receiving needed assistance from mental health professionals. Steps that dentists can use to communicate their concerns and share resources are provided. Finally, a prevention model is presented to promote mental health and workplace well-being in the practice of dentistry.

Rewriting Kendra’S Law: A More Ethical Approach To Mental Health Treatment, James Diven

Pace Law Review

Michelle Go was pushed in front of a subway car by a man suffering from schizophrenia that had fallen through the cracks of New York’s mental health care system. Michelle’s death was imminent because the severely ill man had every right to be on the streets under present law. This note will discuss the problems with New York’s mental hygiene laws that prevent courts from mandating treatment even when treatment is in the state’s best interest.

Michelle’s death is not unique. Historically, New York has struggled to enact effective legislation governing the treatment of mentally ill individuals. As a result, …

Medical Necessity Of Residential Treatment For Anorexia: Can Parity Be Achieved?, Abbey Derechin

Northwestern Journal of Law & Social Policy

This Note examines the statutory landscape of mental health parity in the United States. The lens of this Note is through the mental illness of anorexia. Parity laws mandate analogous limitations between mental and physical illness. Therefore, because anorexia has many physical manifestations, it serves as a nice juxtaposition to physical illnesses. This Note will argue for broad interpretation of the Mental Health Parity and Addiction Equity Act (MHPAEA) through comparative analysis of counterpart statute, the California Mental Health Parity Act (CMHPA). It will explore how courts have interpreted the CMHPA broadly to suggest that the MHPAEA should be interpreted …

Protect Your Patients And Yourself: The Complete And Honest Medical History, Mitchell Gardiner Dmd

The Journal of the Michigan Dental Association

This feature article emphasizes the critical role of obtaining a complete and honest medical history in dental practice. Reflecting on the evolution of clinicians' diligence since dental school, the article underscores the potential risks associated with inadequate medical histories. The legal and ethical responsibilities in gathering comprehensive patient information are highlighted, emphasizing the impact on patient well-being and the dentist's vulnerability to legal challenges. The complexities of patients' truthfulness, especially regarding sensitive topics, are discussed, urging clinicians to establish trust for accurate disclosures. The article concludes with practical recommendations, stressing the ongoing need for thorough medical history reviews and the …

Advancing Behavioral Health Literacy, James Scollione

Journal of Social, Behavioral, and Health Sciences

Accessing, comprehending, and using information to make informed decisions and improve one’s overall health or well-being are the foci of health literacy. The concept of behavioral health was introduced in the early 1980s and, since then, it has influenced new ideas (e.g., behavioral health literacy and integrated behavioral health care) and gained research and public attention. My aim is to provide an overview of definitions (i.e., health literacy, mental health literacy, and behavioral health literacy) and their connection to each other. I propose an expanded and honed definition of behavioral health literacy to enhance the behavioral health literacy and well-being …

Finding Parity Through Preclusion: Novel Mental Health Parity Solutions At The State Level, Ryan D. Kingshill

Dickinson Law Review (2017-Present)

Recently, the federal government has taken numerous steps to promote the equal treatment (also known as parity) of mental and physical health issues. The two most impactful actions are the Mental Health Parity and Addiction Act of 2008 and the Affordable Care Act. These acts focus on the traditional avenue for parity change—insurance regulation. While these acts have improved parity, major gaps in coverage and treatment between mental health/substance use disorder treatment and medical/surgical treatment persist. ERISA Preemption, evasive insurer behavior, lack of enforcement, and lack of consumer education continue to plague patients and healthcare professionals. On its own, federal …

Recognizing The Need For Mental Health Reform In The Texas Department Of Criminal Justice, Kara Mchorse

St. Mary's Law Journal

The ways in which mental health care and the criminal justice system interact are in desperate need of reform in Texas. The rate of mental illness in Texas is higher than the current state of mental health care can provide for. While state hospitals were once the primary care facilities of those with mental illness, the Texas Department of Criminal Justice (TDCJ) has taken on that role in the last few decades; and when the criminal justice system becomes entangled with mental health care, it often leads to “unmitigated disaster.” If Texas continues to allow the TDCJ to act as …

Mhpaea & Marble Cake: Parity & The Forgotten Frame Of Federalism, Taleed El-Sabawi

Dickinson Law Review (2017-Present)

No abstract provided.

From Trusted Confidant To Witness For The Prosecution: The Case Against The Recognition Of A Dangerous-Patient Exception To The Psychotherapist-Patient Privilege, Deborah Paruch

The University of New Hampshire Law Review

[Excerpt] “In 1996, in Jaffee v. Redmond, the U.S. Supreme Court, pursuant to the authority set forth in Federal Rule of Evidence 501, recognized a psychotherapist-patient privilege in the federal courts. In doing so, the Court acknowledged the essential role that confidentiality plays in a therapist-patient relationship and also recognized the important role that psychotherapy plays in the mental health of the American citizenry. However, in dicta set out in a footnote near the conclusion of the opinion (footnote 19 of the opinion), the Court suggested that the privilege might not be absolute, that it might need to “give way …