NCJ Number
187049
Journal
Journal of the American Academy of Psychiatry and the Law Volume: 28 Issue: 4 Dated: 2000 Pages: 433-437
Date Published
2000
Length
5 pages
Annotation
Forensic clinicians, including psychiatrists, are sometimes asked to perform solely forensic (e.g., court-related or litigation-related) assessments or interviews outside States in which they are licensed; this article reports on a 1999 survey sent to all U.S. State medical licensing agencies to determine whether or not a psychiatrist licensed in another State must also be licensed in the surveyed State before performing a purely forensic interview or examination.
Abstract
Of the 45 States responding, 21 reported that no additional "local" license would be required; 6 gave unclear responses; and 18 reported that a local license would generally be required. At least 7 of the 18 States that generally require a local license accept unlicensed out-of-State physicians when they are requested by or consulting to an in-State physician. The State's definition of "medical practice" figured heavily in many responses. No pattern of State size (area), population density, or geographic location was discerned. Licensure challenges to out-of-State forensic experts would thus far appear uncommon. The survey made it clear that it would be at least unwieldy and often impossible for a clinician contemplating a forensic interview or examination to get prompt, reliable information directly from a State licensing agency. Even if the physician were able to wait for an answer, many agencies or boards will not provide a binding or "legal" opinion until a formal complaint is made and investigated. Nevertheless, several licensing boards made it clear that the professional who performs the service bears the onus of being certain it is legal. Some suggested that a psychiatrist contemplating interviewing or examining a subject in their State should clarify his/her position with an attorney beforehand. 1 table and 5 references