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Research ArticleRegular Articles

Medical Licensure Questions About Mental Illness and Compliance with the Americans With Disabilities Act

James T.R. Jones, Carol S. North, Suzanne Vogel-Scibilia, Michael F. Myers and Richard R. Owen
Journal of the American Academy of Psychiatry and the Law Online December 2018, 46 (4) 458-471; DOI: https://doi.org/10.29158/JAAPL.003789-18
James T.R. Jones
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.
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Carol S. North
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.
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Suzanne Vogel-Scibilia
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.
MD
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Michael F. Myers
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.
MD
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Richard R. Owen
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.
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    Table 1

    Medical Licensing Questions for Individual Licensing Bodies

    Type of QuestionStateQuestionConsistent with the Americans with Disabilities Act?
    NoneConnecticutNoneY
    HawaiiY
    MichiganY
    New YorkY
    PennsylvaniaY
    Rhode IslandY
    West VirginiaY
    Current fitnessArizonaHave you received treatment within the last five years for use of alcohol or a controlled substance, prescription-only drug, or dangerous drug or narcotic or a physical, mental, emotional, or nervous disorder or condition that currently affects your ability to exercise the judgment and skills of a medical professional?Y
    DelawareDo you have a mental or physical disability that limits your ability to practice medicine in a fully competent and professional manner with safety to patients?Y
    IllinoisHave you had or do you now have any disease or condition that interferes with your ability to perform the essential functions of your profession, including any disease or condition generally regarded as chronic by the medical community, i.e., (1) mental or emotional disease or condition; (2) alcohol or other substance abuse; (3) physical disease or condition, that presently interferes with your ability to practice your profession?Y
    IowaDo you currently have a medical condition which in any way impairs or limits your ability to practice medicine with reasonable skill and safety?Y
    MassachusettsDo you have a medical or physical condition that currently impairs your ability to practice medicine?Y
    NevadaDo you currently have a medical condition which in any way impairs or limits your ability to practice medicine with reasonable skill and safety?Y
    New JerseyDo you have a medical condition which in any way impairs or limits your ability to practice medicine with reasonable skill and safety?Y
    OhioIn the past five years, have you been diagnosed as having, or been hospitalized for, a medical condition which in any way impairs or limits your ability to practice medicine with reasonable skill and safety?Y
    TennesseeDo you currently have a medical condition which in any way impairs or limits your ability to practice medicine with reasonable skill and safety?Y
    WashingtonDo you have a medical condition which in any way impairs or limits your ability to practice your profession with reasonable skill and safety?Y
    WisconsinDo you have a medical condition which in any way impairs or limits your ability to practice medicine with reasonable skill and safety?Y
    Hypothetical impairmentAlabamaDo you currently have any mental or physical condition or impairment (including, but not limited to, substance abuse, alcohol abuse, or mental, emotional, or nervous disorder or condition) which in any way currently affects, or if untreated could affect, your ability to practice in a competent and professional manner?N
    ArkansasDo you currently have or have you ever had any physical or mental health condition, including alcohol or drug dependency, which, with or without accommodation, affects or is reasonably likely to affect your ability to practice medicine or to perform professional or medical staff duties appropriately?N
    CaliforniaHave you ever been diagnosed with an emotional, mental, or behavioral disorder that may impair your ability to practice medicine safely?N
    ColoradoIn the last five years, have you been diagnosed with or treated for a condition that significantly disturbs your cognition, behavior, or motor function, and that may impair your ability to practice as a physician safely and competently including but not limited to bipolar disorder, severe major depression, schizophrenia or other major psychotic disorder, a neurological illness, or sleep disorder?N
    District of ColumbiaDo you have a medical condition or have you become aware of any medical condition that currently impairs or limits your ability to practice medicine safely or that could affect your performance or impact your ability to practice your profession? Are you currently being treated, or within the past five years have you been treated, for a physical or mental condition that, but for the treatment, could impair your ability to practice your profession?N
    IdahoHave you had any current or past mental or physical condition or any current or previous physical or mental illness which may impact your ability to practice medicine with reasonable skill and safety?N
    IndianaDo you have any condition or impairment (including a history of alcohol or substance abuse) that currently interferes, or if left untreated may interfere, with your ability to practice medicine in a competent and professional manner?N
    KansasDo you presently have any physical or mental problems or disabilities which could affect your ability to competently practice your particular branch of the healing arts or your particular specialty?N
    KentuckyDo you currently, or have you had within the past five years, any physical, mental, or emotional condition which impaired, or might reasonably impair, your ability to practice your health care profession safely and competently?N
    LouisianaIn the five years prior to this application have you had any physical injury or disease or mental illness or impairment which could reasonably be expected to affect your ability to practice medicine or other health profession?N
    MarylandDo you have any physical or mental condition that currently impairs your ability to practice medicine or that would cause reasonable questions to be raised about your physical, mental, or professional competency?N
    MinnesotaHave you within the past five years been advised by your treating physician that you have a mental, physical, or emotional condition, which, if untreated, would be likely to impair your ability to practice medicine with reasonable skill and safety?N
    MontanaHave you any physical or mental condition(s) which may have or has adversely affected your ability to practice this profession, including but not limited to a contagious or infectious disease involving risk to the public?N
    New HampshireHave you ever had any physical, emotional, or mental illness which has impaired or would be likely to impair your ability to practice medicine?N
    New MexicoIn the five years prior to this application, have you had any physical injury or disease, or mental illness or impairment, which you are currently under treatment for or could reasonably be expected to affect your ongoing ability to practice medicine safely and competently?N
    North CarolinaIn the past five years, have you had, or have you been told you had, a mental health or physical condition (not referenced above) which in any way limits or impairs or, if untreated, could limit or impair your ability to practice medicine in a competent or professional manner?N
    OklahomaDo you currently have or have you had within the past two years any mental or physical disorder or condition which, if untreated, could affect your ability to practice competently?N
    South CarolinaAre you currently being treated for any physical, mental or emotional condition that might interfere with your ability to competently and safely perform the essential functions of practice as a physician? Do you currently have any mental illness (e.g. bipolar disorder, schizophrenia, paranoia or any other psychotic disorder) or any physical illness or condition that might interfere with your ability to competently and safely perform the essential functions of practice?N
    South DakotaDo you have a physical, mental, or emotional condition which may adversely affect your practice?N
    VermontDo you have a medical condition that in any way impairs or potentially impairs or limits your ability to practice medicine in your field of practice with reasonable skill and safety?N
    VirginiaDo you have a physical disease, mental disorder, or any condition, which could affect your performance of professional duties?N
    WyomingDo you have any medical condition which, in any way, impairs or limits, or might impair or limit, your ability to safely and skillfully practice medicine?N
    Past impairmentAlaskaHas your ability to practice medicine in a competent and safe manner ever been impaired or limited by any condition, behavior, impairment, or limitation of a physical, mental, or emotional nature? Since completing your postgraduate training, have you ever been physically or mentally unable to practice medicine for a period of 60 days or longer? Have you ever been diagnosed with, treated for, or do you currently have: bipolar disorder, depressive neurosis, kleptomania, hypomania, any dissociative disorder, pyromania, schizophrenia, any psychotic disorder, delirium, depression, any organic mental disorder, paranoia, seasonal affective, or any condition requiring chronic medical or behavioral treatment?N
    FloridaDuring the last five years, have you been treated for or had a recurrence of a diagnosed mental disorder that has impaired your ability to practice medicine within the past five years?N
    GeorgiaDuring the last seven years, have you suffered from any physical, psychiatric, or substance use disorder that could impair or require limitations on your functioning as a professional or has resulted in the inability to practice medicine for more than 30 days, or required court-ordered treatment or hospitalization?N
    MaineDo you have a mental or physical condition that currently impairs your ability to safely and competently practice medicine? Within the last five years have you been diagnosed with or treated for any medical or mental health disorder that impaired your behavior, judgment, understanding, or ability to function in school, work or other important life activities?N
    MississippiHave you ever been diagnosed as having, or have you ever been treated for, pedophilia, exhibitionism or voyeurism, bipolar disorder, sexual disorder, schizophrenia, paranoia or other psychiatric disorder?N
    MissouriHave you in the last ten years or since the age of 18 been treated for or hospitalized for bipolar disorder, schizophrenia, paranoia or any other psychotic disorder?N
    MontanaHave you ever been diagnosed with a physical condition or mental health disorder involving potential health risk to the public?N
    NebraskaDo you currently, or have you ever had, any physical, mental, or emotional condition which impaired, or does impair your ability to practice your health care profession safely and competently?N
    New HampshireHave you ever had any physical, emotional, or mental illness which has impaired or would be likely to impair your ability to practice medicine?N
    North DakotaWithin the past five years have you had or have you been admitted to any hospital or other inpatient care facility for any physical, mental, or emotional condition which impaired or does impair your ability to practice medicine safely and competently?N
    OregonDo you currently have, or have you had within the past five years, any physical, mental, or emotional condition which impaired or does impair your ability to practice your health care profession safely and competently? Within the past five years, have you been admitted to any hospital or other treatment facility for any physical, mental, or emotional condition or substance use disorder which impaired or does impair your ability to practice your health care profession safely and competently?N
    South DakotaHave you been treated for or do you have a diagnosis for any mental health condition?N
    TexasWithin the past five years, have you been diagnosed with or treated for any psychotic disorder, delusional disorder, mood disorder, major depression, personality disorder, or any other mental condition which impaired or does impair your behavior, judgment, or ability to function in school or work?N
    UtahHave you ever been declared by any court to be incompetent by reason of mental defect or disease and not restored?N
    WyomingWithin the past five years have you been hospitalized for, missed work because of, or been significantly impaired by any mental or emotional condition?N
    Hospitalization, commitment, incompetence determinationAlaskaHave you ever been voluntarily or involuntarily committed or confined to any facility for mental health care? Have you ever been adjudicated, or declared incompetent, or been the subject of an incompetency proceeding?N
    FloridaIn the last five years, have you been admitted or referred to a hospital, facility or impaired practitioner program for treatment of a diagnosed mental disorder or impairment?N
    GeorgiaDuring the last seven years, have you suffered from any physical, psychiatric, or substance use disorder that could impair or require limitations on your functioning as a professional or has resulted in the inability to practice medicine for more than 30 days, or required court-ordered treatment or hospitalization?N
    KentuckyWithin the past five years, have you been admitted to any hospital or other in-patient care facility for any physical, mental or emotional condition, which impaired, or might reasonably be considered to impair, your ability to practice your health care profession safely and competently?N
    MissouriHave you in the last ten years or since the age of 18 been treated for or hospitalized for bipolar disorder, schizophrenia, paranoia or any other psychotic disorder?N
    North DakotaWithin the past five years have you had or have you been admitted to any hospital or other inpatient care facility for any physical, mental, or emotional condition which impaired or does impair your ability to practice medicine safely and competently?N
    OregonWithin the past five years, have you been admitted to any hospital or other treatment facility for any physical, mental, or emotional condition or substance use disorder which impaired or does impair your ability to practice your health care profession safely and competently?N
    UtahHave you ever been declared by any court to be incompetent by reason of mental defect or disease and not restored?N
    WyomingWithin the past five years have you been hospitalized for, missed work because of, or been significantly impaired by any mental or emotional condition?N
    DiagnosisAlabamaWithin the past two years, have you been diagnosed with or have you been treated for bipolar disorder, schizophrenia, paranoia, or any other psychotic disorder?N
    AlaskaHave you ever been diagnosed with, treated for, or do you currently have: bipolar disorder, depressive neurosis, kleptomania, hypomania, any dissociative disorder, pyromania, schizophrenia, any psychotic disorder, delirium, depression, any organic mental disorder, paranoia, seasonal affective, any condition requiring chronic medical or behavioral treatment?N
    ColoradoIn the last five years, have you been diagnosed with or treated for a condition that significantly disturbs your cognition, behavior, or motor function, and that may impair your ability to practice as a physician safely and competently, including but not limited to bipolar disorder, severe major depression, schizophrenia or other major psychotic disorder, a neurological illness, or sleep disorder?N
    MississippiHave you ever been diagnosed as having, or have you ever been treated for, pedophilia, exhibitionism or voyeurism, bipolar disorder, sexual disorder, schizophrenia, paranoia or other psychiatric disorder?N
    MissouriHave you in the last ten years or since the age of 18 been treated for or hospitalized for bipolar disorder, schizophrenia, paranoia or any other psychotic disorder?N
    MontanaHave you ever been diagnosed with a physical condition or mental health disorder involving potential health risk to the public?N
    South CarolinaDo you currently have any mental illness (e.g., bipolar disorder, schizophrenia, paranoia or any other psychotic disorder) or any physical illness or condition that might interfere with your ability to competently and safely perform the essential functions of practice?N
    South DakotaHave you been treated for or do you have a diagnosis for any mental health condition?N
    TexasWithin the past five years, have you been diagnosed with or treated for any psychotic disorder, delusional disorder, mood disorder, major depression, personality disorder, or any other mental condition which impaired or does impair your behavior, judgment, or ability to function in school or work?N
    • Notes: States that have more than one question about mental illness may appear in more than one of the categories of questions. Only the relevant question is listed for each type of question.

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Journal of the American Academy of Psychiatry and the Law Online: 46 (4)
Journal of the American Academy of Psychiatry and the Law Online
Vol. 46, Issue 4
1 Dec 2018
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Medical Licensure Questions About Mental Illness and Compliance with the Americans With Disabilities Act
James T.R. Jones, Carol S. North, Suzanne Vogel-Scibilia, Michael F. Myers, Richard R. Owen
Journal of the American Academy of Psychiatry and the Law Online Dec 2018, 46 (4) 458-471; DOI: 10.29158/JAAPL.003789-18

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Medical Licensure Questions About Mental Illness and Compliance with the Americans With Disabilities Act
James T.R. Jones, Carol S. North, Suzanne Vogel-Scibilia, Michael F. Myers, Richard R. Owen
Journal of the American Academy of Psychiatry and the Law Online Dec 2018, 46 (4) 458-471; DOI: 10.29158/JAAPL.003789-18
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