The Oklahoma Bar Journal March 2023

L aw & P sychology

Examining Mental Health Professionals: Analysis of Work Product and Impeachment Methods

By Dr. Shawn Roberson

A TTORNEYS ENCOUNTER mental health professionals across varied legal settings. It can be challenging to understand and dispute the work of a professional without possessing their expertise. This article is intended to help legal professionals understand some common shortcomings in mental health professionals’ work product and avenues for cross-examination. It also aims to assist in assessing the quality of work product for your expert and potential issues that need to be addressed during direct examination. Mental health professionals do not possess the same areas of expertise or qualifications, nor are they equally equipped to serve as expert witnesses. The most common experts you will encounter include: Psychologists: These profession als hold a doctoral-level degree ( e.g. , Ph.D., Psy.D. or Ed.D.) and are licensed by the Oklahoma State Board of Examiners of Psychologists. They have extensive training in psychological testing and conducting therapy. Although they are usually familiar with pre scription medications to treat men tal illnesses, they are not licensed to prescribe medications. When they assess someone for a legal context, it will typically include

social worker (LCSW), etc.). They are licensed by their respective boards ( e.g. , the Oklahoma State Board of Behavioral Health for the first three listed and the Oklahoma State Board of Licensed Social Workers for the latter listing). Depending upon which profession we are discussing, some are trained in therapy, some are trained in objec tive testing, and some are trained in both. According to state regulations, these professionals are not allowed to refer to their work product by the term psychological (or any deriv ative thereof), which is why you often see them title their reports as a “mental health assessment” and not a “psychological evaluation.” I strongly recommend that if you are dealing with a proffered “expert,” you obtain details as to licensure (if any), degrees ( i.e. , accreditation) and the extent of their knowledge and authority to render opinions specifically on mental illness, objective testing and other clinical issues. Licensure is an important issue, especially when it comes to qualifying an expert in voir dire or during a Daubert chal lenge. I recommend that attorneys possess a copy of the ethical and professional guidelines for each type of licensed professional they are likely to encounter, along with

both a clinical interview and objective psychological testing. According to state regulations, this is the only license that allows pro fessionals to refer to themselves as psychologists and their work product by the term psychological (or any derivative thereof). Psychiatrists: These professionals hold a doctoral-level degree ( e.g. , M.D. or D.O.). They are licensed by either the Oklahoma Board of Medical Licensure and Supervision (M.D.) or the Oklahoma State Board of Osteopathic Examiners (D.O.). They are trained to prescribe med ications to treat mental illnesses and conduct therapy. Although they may be familiar with some psychological testing, they are not typically trained to administer and interpret such tests. When they assess someone for a legal context, they usually rely on a clinical inter view and their observations of the examinee without the benefit of objective testing. Master’s degree-level clinicians: These professionals (in Oklahoma) hold various types of master’s degrees, allowing them to be licensed at that level ( e.g. , licensed professional counselor (LPC), licensed behavioral practitioners (LBP), licensed marital and family therapist (LMFT), licensed clinical

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THE OKLAHOMA BAR JOURNAL