Citation

Jones JTR, North CS, Vogel-Scibilia S, Myers MF, Owen RR. J. Am. Acad. Psychiatry Law 2018; 46(4): 458-471.

Affiliation

The coauthors are eternally grateful for their friend and colleague James T. Jones, who passed away on May 3, 2018. Dr. Jones was Professor of Law, Louis D. Brandeis School of Law, University of Louisville, Louisville, Kentucky. Dr. North is Medical Director, The Altshuler Center for Education & Research at Metrocare Services, Dallas, Texas, and The Nancy and Ray L. Hunt Chair in Crisis Psychiatry and Professor of Psychiatry, Director, Division of Trauma & Disaster, The University of Texas Southwestern Medical Center, Dallas, Texas. Dr. Vogel-Scibilia is Assistant Clinical Professor, Chatham University, Pittsburgh, Pennsylvania. Dr. Myers is Professor of Clinical Psychiatry, SUNY Downstate Medical Center, Brooklyn, New York. Dr. Owen is Director, Center for Mental Healthcare & Outcomes Research, Central Arkansas Veterans Healthcare System, Professor of Psychiatry, University of Arkansas for Medical Sciences College of Medicine, and Professor of Epidemiology, University of Arkansas for Medical Sciences College of Public Health, Little Rock, Arkansas.

Copyright

(Copyright © 2018, American Academy of Psychiatry and the Law, Publisher American Academy of Psychiatry and the Law)

DOI

10.29158/JAAPL.003789-18

PMID

30593476

Abstract

Substantial numbers of medical students and physicians live with some form of mental illness. Over the years, many medical licensure boards have asked physician medical licensure applicants with Doctor of Medicine (MD) degrees intrusive questions about whether they have any psychiatric history. This has discouraged many who need psychiatric treatment from seeking it because of fear of the questions. Gradually, court decisions and the United States Department of Justice have established that such questions violate the Americans with Disabilities Act (ADA). The 2014 Louisiana Supreme Court Settlement Agreement set definite limits on law licensure mental health questions, followed by a least one licensing body revising its physician licensure questions to be consistent with ADA standards. In this article we examine the current medical licensure questions from each state and the District of Columbia about the mental health of applicants and discuss their validity under ADA standards. Our original investigation of these questions found that the majority still ask questions that are unlikely to meet ADA standards. The judicial and Department of Justice developments, however, may compel them to abandon these questions. If not, legal action will enforce ADA compliance. This change will significantly benefit applicants who need psychiatric treatment.

© 2018 American Academy of Psychiatry and the Law.

Language: en