S P E C I A L
S E C T I O N
The Educational Mission in
Forensic Publishing
Debra A. Pinals, MD, and Richard L. Frierson, MD
Organizing frameworks that affect medical education include requirements for residency education set out by the
Accreditation Council for Graduate Medical Education (ACGME), board certification requirements of the American Board of Psychiatry and Neurology (ABPN), and requirements of the Accreditation Council for Continuing
Medical Education (ACCME) for awarding continuing medical education (CME) credits. Physicians rely on a variety
of sources to meet these requirements, including medical journals. It is unclear, however, whether journals actually
assist physicians in meeting these educational requirements. In this review of articles, we make the first known
attempt at a systematic comparison of an academic journal’s content areas to national standardized educational
indices for physicians. Findings from the 2008 to 2012 content of The Journal of the American Academy of Psychiatry
and the Law demonstrated that The Journal’s articles cover the gamut of board certification examination topics,
although content areas are not weighted in parallel with the examination. Some overlap and differences were seen
when comparing journal content with ACGME topic areas. The Journal appears to meet identified gaps in knowledge
that CME can address. The importance of balancing readers’ educational needs with the ability to provide a
resource for unique topics is discussed, along with other implications of these findings.
J Am Acad Psychiatry Law 42:290 – 6, 2014
One of the main goals of the American Academy of
Psychiatry and the Law (AAPL) is to promote scientific and educational activities in forensic psychiatry.1 To accomplish this goal, AAPL facilitates the
exchange of ideas and practical clinical experience
through publications and regularly scheduled national meetings at which continuing medical education is offered. The two main meetings include the
annual meeting of the organization and the semiannual meeting that takes place during the annual
meeting of the American Psychiatric Association
(APA). AAPL also supports regional meeting activities, develops practice guidelines, publishes ethics
guidelines, contributes to national conversations
within organizations of medicine and psychiatry, and
stimulates education and research through the provision of financial grants by the AAPL Institute for
Education and Research (AIER). The Journal of the
American Academy of Psychiatry and the Law, the
Dr. Pinals is Associate Professor of Psychiatry, Law and Psychiatry
Program, University of Massachusetts Medical School, Worcester,
MA. Dr. Frierson is Professor and Vice Chair for Education, Department of Neuropsychiatry and Behavioral Science, University of South
Carolina School of Medicine, Columbia, SC. Address correspondence
to: Debra A. Pinals, MD, University of Massachusetts Medical School,
55 Lake Avenue North, Worcester, MA 01655. E-mail: debra.pinals
@umassmed.edu.
Disclosures of financial or other potential conflicts of interest: None.
290
main publication of AAPL, is intended to be a forum
for the exchange of multidisciplinary ideas. Its content includes correctional psychiatry; psychiatric
evaluations of persons involved with the criminal or
civil legal system; ethics; the philosophy of law; legal
regulation of psychiatric practice; education and
training in the field; and research into the causes and
treatment of behavioral problems that manifest
themselves in individuals in contact with the legal
system (Page ii of any volume of The Journal).
A professional journal is often measured by its impact factor, which relates to how often its articles are
cited elsewhere in scientific publications. The impact
factor seems to correlate with physician satisfaction
with a journal’s content.2 However, forensic journals
have been found to have low impact factors, which
may be related to having a smaller following in a field
where scientific research is not as voluminous.3
Thus, although impact factors can be important in
scientific publishing, they do not address whether the
content of a journal meets the professional educational needs of a readership.
Because professional journals are a common way
to learn the more recent information about a field of
medicine, it is important to ensure that the topics
covered by a journal relate to what a practicing phy-
The Journal of the American Academy of Psychiatry and the Law
Pinals and Frierson
sician needs to learn. The knowledge base necessary
for a physician to be competent in practicing or
teaching forensic psychiatry is somewhat elusive, but
there are two potential sources for definition: The
American Board of Psychiatry and Neurology
(ABPN) and the Accreditation Council for Graduate
Medical Education (ACGME). The ABPN, which is
one of many boards that are overseen by the American Board of Medical Specialties (ABMS), is the entity that is responsible for initial board certification
and maintenance of certification (MOC) for forensic
psychiatrists in the United States. Part of the certification or recertification process involves a written
examination for which ABPN has developed a content outline, a topic list outlining the appropriate
skills and knowledge necessary for a competent forensic psychiatrist to engage in the practice and
teaching of the subspecialty. The ACGME accredits
all medical residencies and fellowships in the United
States, including fellowships in forensic psychiatry.
One of its components, the Residency Review Committee (RRC) for Psychiatry, develops program requirements for all psychiatric specialties, including
forensic psychiatry fellowships. These program requirements contain a didactic topic list, an additional
source of information for what a forensic psychiatrist
should know to practice competently.
The Accreditation Council for Continuing Medical Education (ACCME) has as a mission to identify, develop, and promote quality continuing medical education for “maintenance of competence and
incorporation of new knowledge to improve quality
medical care for patients and their communities.”4
The ACCME is not focused on psychiatry or forensic
psychiatry as a whole (nor does it create a topic list of
what should be taught in any specialty), but it asks
that entities that seek to provide CME credits for
their educational activities comply with the Council’s standards. It also asks that these entities identify
practice gaps that the educational activities seek to
fill. For example, when this requirement was
promulgated, the AAPL Education Committee
identified three broad professional practice gaps that
the organization’s educational activities should address:
Not practicing psychiatry at the highest level attainable based on current knowledge of the fundamentals of the field;
Lacking the knowledge of content or technique
to teach psychiatrists the fundamentals of forensic psychiatry in the most effective ways;
Lacking the ability to conduct or assess research
in forensic psychiatry.
Each overarching gap was attached to an identified
need, such as improvement of knowledge in areas of
civil, criminal, and correctional forensic psychiatry;
gaining knowledge of new content and effective ways
of teaching forensic psychiatry; and understanding
how to conduct research, analyze the outcomes, and
apply the outcomes to forensic practice.
Because these various national oversight bodies
coexist and shape directions for enhancing knowledge of physicians in particular ways and on particular content areas, it is important to ensure that the
activities of an organization such as AAPL, whose
main mission is education, match the national requirements. Moreover, these national standards can
be a helpful tool in assessing how well the main educational products of the organization, such as its
academic journal, meet its stated educational goals.
The purpose of this article is to compare the content of The Journal over the past five years (2008 –
2012) to the 2013 ABPN MOC Examination content outline and the current ACGME program
requirements of fellowships in forensic psychiatry, to
identify strengths and weaknesses in this dimension
of The Journal’s educational performance. In reviewing the content, we also discuss the relationship of
The Journal to the educational mission of AAPL
overall, its efforts to assist AAPL members with
ABPN maintenance of certification (MOC), and its
efforts to assist in skill development, as seen through
a recent emphasis on the development and publication of practice guidelines.
Method
All Special, Regular, and Analysis and Commentary articles published in The Journal from 2008 to
2012 were selected for review. One of the authors
(R.F.) took the role of primary reviewer and consulted with the other author if a particular article was
difficult to classify. Each reviewed article was categorized into one section of the ABPN Content Outline
for the Maintenance of Certification Examination in
Forensic Psychiatry and the ACGME program requirements for forensic psychiatry. The authors specifically chose these organizational educational re-
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The Educational Mission in Forensic Publishing
Table 1
ABPN MOC Examination Content Outline for 20133
Topic category
% of Exam
I. Legal regulation of psychiatry:
Hospitalization, confidentiality/privilege, right to treatment, right to refuse treatment, duty to protect, informed
consent, medical board issues, research
II. Civil:
Malpractice, personal injury, workplace concerns (Worker’s Compensation, disability, discrimination, and
harassment), competency for medical treatment and finance, and testamentary capacity
III. Criminal:
Competency (to stand trial, waive rights, testimonial), criminal responsibility, alcohol and drug prosecution, and
presentencing/diversion programs
IV. Death penalty:
Ethics, competency to be executed, exceptions, epidemiology, aggravating circumstances, mitigating circumstances,
and victim impact
V. Corrections:
Epidemiology, settings, special treatment programs, treatment of seriously mentally ill, due process issues, sociology,
conditions of confinement, security vs. treatment issues, probation/parole, sex offenders, and class actions
VI. Legal topics/basic law:
Sources of law, court system, adjudicative process
VII. Children/families:
Civil (custody, abuse/neglect, competency, commitment, adoption, evaluation of sex abuse, malpractice), criminal,
forensic evaluation of children, education, and disabilities
VIII. Special issues:
Hypnosis, polygraph, syndromes, malingering, psychological assessment, psychopathy, neuroimaging, managed care,
drugs and alcohol, psychological autopsy, ethics, practice issues, expert witness, and risk assessment
quirements as a framework for review, as opposed to
comparing The Journal to other journals, because
these requirements have been vetted over the years
and are recognized educational benchmarks in the
field. Commentaries on Special or Regular Articles,
Reflections, Editorials, Memorials, Legal Digest submissions (i.e., case reviews), and Book and Media
Reviews were not included in the review because they
were not considered primary content areas, but reflections on content or other published material. In
addition, practice guidelines were not considered,
but will be discussed later in this report.
The ABPN MOC Examination Content
Outline
The content outline for the ABPN MOC Examination can be found in Table 1. Its makeup is controlled by the ABPN Committee on Certification of
Added Qualifications in Forensic Psychiatry.5
Within each broad category, there are several subcategories, and the Committee for Certification can
modify content areas as they deem appropriate to meet
current standards. For example, recently, the subcategory of Corrections was expanded significantly.
The ACGME Program Requirements for
Fellowships in Forensic Psychiatry
The current program requirements for forensic
psychiatry fellowships have been in effect since 2003.
292
19
19
19
5
9
8
8
13
At the time of this writing, they were undergoing
revision by the ACGME. Unlike the ABPN MOC
Examination Content Outline, the ACGME does
not assign weighted percentages devoted to each part
of the curriculum, in part to allow programmatic
flexibility among fellowship programs. Therefore,
some fellowship programs may be heavily weighted
toward correctional psychiatry, and others may be
more weighted toward civil forensic topics. However, core didactic curriculum topics are required of
all fellowship programs.6 The topics contained in the
program requirements are summarized in Table 2.
Results
The results of the review of article topics in The
Journal by volume in comparison to the ABPN
MOC Examination’s content outline are summarized by year in Table 3. The articles span the full
breadth of the topics required by the ABPN for the
MOC Examination. The overall percentage weightings of articles in each topic area do not correlate
specifically with the ABPN weightings. Criminal Forensics, Corrections, Special Issues, and Legal Issues/
Basic Law (if one includes the Legal Digest articles)
all are weighted more heavily than in the ABPN topic
areas, with Criminal Forensics and Special Issues
weighted most heavily, accounting for just over 50
percent of the topic content for The Journal over the
The Journal of the American Academy of Psychiatry and the Law
Pinals and Frierson
Table 2 JAAPL articles in each ACGME didactic curriculum topic:
2008 –20124
Topic
History of forensic psychiatry
Roles and responsibilities of forensic psychiatrists
Assessment of dangerousness
Assessment of accused sexual offender
Evaluation and treatment of incarcerated individuals
Ethical, administrative, and legal issues in forensic
psychiatry
Legal regulation of psychiatric practice
Writing a forensic report
Eyewitness testimony
Fundamentals of law, statutes, and administrative
regulations
Structure of federal and state court systems
Use of law library and on-line legal reference services
Theory and practice of sentencing
Basic civil procedure
Basic criminal procedure
Jurisdiction
Responsibility
Tort law
Children’s rights
Family law
Confessions
Structure and function of juvenile systems
Structure and function of correctional systems
Conservatorships and guardianships
Child custody determinations
Parental competence and termination of parental
rights
Child abuse/neglect
Psychiatric disability determinations
Testamentary capacity
Psychiatric malpractice
Personal injury litigation
Developmental disability law
Competency to stand trial
Competence to enter a plea
Testimonial capacity
Voluntariness of confessions
Insanity defense
Diminished capacity
Evaluations in aid of sentencing
Safe release of persons acquitted by reason of insanity
Competence to be executed
Number of
Articles
4
10
14
16
13
10
15
3
0
5
1
0
4
0
4
0
3
0
0
0
2
0
4
0
2
0
0
6
0
6
6
0
18
0
1
1
6
7
2
4
0
past five years. Legal Regulation of Psychiatry, Civil
Concerns, Death Penalty, and Children/Families
were topics with lower coverage relative to the percentage weighting used for the MOC Examination
by the ABPN. Of those, Children/Families and the
Death Penalty were covered least frequently. Of
note, there was a trend toward an increasing percentage of articles in the ABPN area of the legal regulation of psychiatry, and the 2012 edition of The Journal saw an increase in the number of articles related
to children/families than in previous years. Other
topic areas showed variable frequencies, with some
years having several articles and other years when there
may have been no articles on a given topic.
Not including the Legal Digest case reviews, Book
and Media Reviews, and Editorials, The Journal published between 38 and 47 articles each year from
2008 through 2012. In a given year during the same
period, on average, 40.6 substantive articles were
published. This volume of articles represents an opportunity for individual forensic psychiatrists and
other readers of The Journal to read at least three to
four topical articles per month to help maintain
knowledge, thereby filling specific gap areas identified by members of AAPL.
The review of article topics by volume of The Journal in comparison to the ACGME program requirements is found in Table 3. Thirty articles could not
be classified in any category, a reflection of how narrow the ACGME didactic topic list is in comparison
to the ABPN MOC Examination Content Outline
(18 articles were unclassifiable in relation to the Outline’s topics). For example, the ACGME list contains
no requirement for didactic training in malingering
or in neuroimaging and other special procedures. Essentially, many of the articles assigned to the ABPN
special issues category, could not be assigned in the
ACGME topic list. There are areas on the ACGME
list in which no articles have been published in The
Journal during the years studied: Eyewitness Testimony, Use of a Law Library, Civil Procedure, Jurisdiction, Tort Law, Children’s Rights, Family Law,
Juvenile Correctional Systems, Conservators and
Guardians, Termination of Parental Rights, Child
Abuse, Testamentary Capacity, and Competence to
be Executed. There are abundant articles on Corrections, Sex Offenders, Risk Assessment, Ethics, the
Legal Regulation of Psychiatric Practice, and Competence to Stand Trial.
Discussion
To the authors’ knowledge, this review represents
the first systematic effort to compare an academic
journal’s content to national standardized indices of
content areas that physicians in a particular subspecialty must master to maintain board certification
status, enhance their continuing education, and
maintain proficiency of their skills. Limitations of
this review include the potential bias of the primary
and secondary reviewers that may be reflected in sort-
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The Educational Mission in Forensic Publishing
Table 3
JAAPL Article Topics Compared to ABPN MOC Examination Content Outline
Topic category
I. Legal regulation of
psychiatry
II. Civil
III. Criminal
IV. Death penalty
V. Corrections
VI. Legal topics/basic law
VII. Children/families
VIII. Special topics
Unclassifiable in ABPN MOC
exam content outline
Total articles reviewed
Legal Digest case reports
(number)†
ABPN
Exam
JAAPL
2008
JAAPL
2009
JAAPL
2010
JAAPL
2011
JAAPL
2012
JAAPL
Average
(%)
19
5.1 (2)
10.5 (4)
4.3 (2)
12.8 (5)
15.7 (6)
9.68
19
19
5
9
8
8
13
10.3 (4)
28.2 (11)
2.6 (1)
12.8 (5)
0 (0)
2.1 (1)
30.7 (12)
7.7 (3)
15.8 (6)
21.0 (8)
0 (0)
23.6 (9)
5.3 (2)
0 (0)
23.6 (9)
5.3 (2)
10.9 (5)
30.4 (14)
4.3 (2)
2.1 (2)
0 (0)
6.5 (3)
19.5 (9)
21.7* (10)
7.6 (3)
17.9 (7)
0 (0)
7.6 (3)
0 (0)
5.1 (2)
41 (16)
7.6 (3)
5.3 (2)
26.3 (10)
0 (0)
13.1 (5)
5.3 (2)
13.2 (5)
21 (8)
0 (0)
9.98
24.76
1.38
11.84
2.12**
5.48
27.16
8.46
39
32
40
37
47
36
39
32
38
31
Data are expressed as the percentage of the MOC examination or articles in JAAPL committed to the topic. The numbers in parentheses are the
number of JAAPL articles on the topic.
* In 2010, there were seven Analysis and Commentary articles published in Vol. 38, No.4 that paid tribute to the contributions of Howard
Zonana to forensic psychiatry and the Yale Forensic Fellowship. These articles were unclassifiable.
† Legal Digest cases are informative on matters relevant to legal issues/basic law and could be classified in this section, but for illustrative
purposes and because they could receive dual classifications, they were classified as a distinct category.
ing the articles into categories and the possibility that
some articles may qualify for more than one category.
There was no similar methodology in existing studies
on which to rely, but this attempt may be a first step
for other professional journals to consider in thinking about choice of content for publication.
Despite some limitations of the categorical sorting, the findings of the systematic review revealed
many strengths of The Journal, including the number
of substantive articles published each year and the
breadth of topics covered, particularly in criminal
forensic psychiatry and in special issues within forensic psychiatry.
The findings also pointed out that the weightings
of topics identified by the ABPN for the MOC Examination did not fully match the weighting of topics of The Journal’s articles from 2008 through 2012,
and several of the ACGME didactic content areas
were not covered. It should be noted, however, that
our findings were limited by the number of years we
selected to review. Expanding the number of years
under review may have led to different results and
could have shown articles covering topics not included in those five years.
The Journal, as a product of AAPL, is intended to
help fulfill the organization’s main mission to educate its members as well as the broader readership. In
meeting the educational needs of the members overall, as articulated by the gaps noted for ACCME
294
accreditation purposes, it is clear that the topic areas
meet the main learning goals of the members. Specifically, the content areas covered by The Journal can
help fill the gap in basic knowledge of the fundamentals of forensic psychiatry as well as knowledge of
how to conduct research.
Although there are national guidelines of content
areas that physicians should master and maintain
through lifelong learning, the fact that the frequencies of content areas of The Journal do not specifically
align with the weighted content areas of the ABPN or
of the full range of topics taught in ACGME-approved fellowships does not and should not detract
from the value of The Journal as an educational tool
for the members and readership. Some journals are
specifically designed to help the readership gain information covered on board examinations (e.g., the
Focus journals, published by American Psychiatric
Publishing).
The editors of The Journal did not set as an overarching goal the publication of content in the areas of
a board certification examination. There may be several reasons that certain content areas are covered less
frequently. For example, the relative lack of articles
in The Journal related to child forensic psychiatry
probably reflects that these articles are more likely to
be published in journals in the specific area of child
psychiatry and that they cover areas that are emerging
and for which new knowledge and literature will
The Journal of the American Academy of Psychiatry and the Law
Pinals and Frierson
evolve over time. Finally, there was an absence of
articles on topics such as basic law, civil procedure,
and the like. Basic knowledge areas have been emphasized as important in residency training and may
be more suited for textbooks than for a higher level
journal geared for a readership consisting of professionals who are already practicing in their subspecialty field.7,8
One could argue that a specialty publication such
as The Journal, which is intended for a sophisticated
professional audience, should publish articles covering more nuanced areas within forensic psychiatry,
such as those that fell in the special topic areas and
those that were difficult to classify altogether. Such
articles, in fact, may be one of the best strengths of
The Journal overall, since it clearly meets this goal.
That said, it is unclear which activity should lead in
setting the direction for active learners and consumers of these products. Should a journal that has a peer
review process and publishes the latest in a field of
scientific and clinical depth, such as forensic psychiatry, drive the proportionality of the content area for
the national guidelines? Or, should the national educational content area guidelines, which are informed by a peer consensus-driven process among
practicing senior forensic psychiatrists who serve on a
committee of the ABPN or ACGME, drive the content areas of The Journal? At a minimum, at least one
process involving knowledge content selection
should inform the other. By evaluating and comparing journal content to national standards, our findings represent a step in this direction.
It should also be noted that apart from publishing
The Journal, the main live educational activities of
the AAPL organization are its annual meeting and
forensic review course and the new self-assessment
CME examination. The live activities offer a place to
gather with colleagues but also to earn continuing
medical education credits by attendance at workshops and other training sessions. These activities
must comport with the overall requirements of the
ACCME, but may not specifically follow the content
areas of the ABPN examination, although the Forensic Review Course is often attended by those whose
focus is on taking the ABPN examination. Both the
AAPL Annual Meeting and The Journal depend on
the individuals who submit the articles and presentation proposals that drive the overall content areas
selected. Of course, policies could be established that
support a more consistent weighting of themes that
mirror the ABPN requirements or other educational
requirements. If such a policy were to be adopted,
reviewers could keep it in mind in evaluating various
submissions, giving preference to the most needed
content areas. As a step in that direction, the AAPL
Education Committee recently decided to adopt the
ABPN content areas as those to be submitted at the
AAPL Annual Meeting. If the goal is to match the
national educational content area standards, such a
practice might also allow for a planned solicitation of
articles or presentations that would bolster areas that
are not currently as actively covered for the members
who would seek to use these activities to enhance
their potential to succeed on the MOC Examination.
Although this approach may seem positive, it too
would have a downside in limiting flexibility and
creativity for articles and submissions as the organization works to fit its efforts into a more structured
approach. In addition, negative aspects of soliciting
articles and having peer reviewers keep a content policy in mind may lead to biases that would favor publication by certain institutions or on certain topics,
crowding out creative submissions and thus decreasing opportunities for innovation.
Assisting members with Maintenance of Certification (MOC) and skill acquisition has been a major
focus of AAPL as an organization.9 The MOC activities required for ongoing board certification include
positive professional standing, as demonstrated by
unrestricted medical licensure, completion of Performance in Practice (PIP) modules, Self-Assessment
CME and additional CME, and the successful completion of a cognitive examination every 10 years. To
date, AAPL has engaged in a progressive and systematic plan to assist its members in achieving MOC.
The associated activities have included an effort to
educate members about these requirements through
a webinar, multiple presentations on MOC requirements (presented in collaboration with ABPN staff)
given at the annual meetings, and most recently, an
informational booth at the AAPL meeting. In addition, AAPL has developed several MOC-related
products for its members. These include a Self-Assessment CME examination, which was compiled
with the help of a task force of the Education Committee and many members’ contributions to a question bank. In addition, the MOC Task Force recently developed forms to assist with the clinical and
feedback modules of the Performance in Practice
requirements.10
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The Educational Mission in Forensic Publishing
In the discussions of how to help members achieve
MOC, The Journal continues to be a rich resource
that provides the references and content on which
the MOC products are developed. For example, it
has published four practice guidelines to date, covering insanity defense evaluations,11 videotaping of forensic interviews,12 competence to stand trial evaluations,13 and disability assessments.14 Another
guideline on forensic assessment is in progress. These
practice guidelines have informed both the Self-Assessment CME examination and the Performance in
Practice modules. In this way, beyond the content
areas identified, The Journal has had a clear influence
on educational activities that are viewed as key to
achieving lifelong certification in forensic psychiatry.
Forensic publishing is a growing area, with several
journals now available for authors and for readers
who are interested in the intersection between law
and psychiatry or psychology. Each journal is designed and managed for different readerships and
purposes. The nature of a journal is such that it offers
on-demand learning for the busy professional, and it
is important that journals meet the needs of their
readership while ensuring high-quality content that
has undergone rigorous peer review. As physicians
are increasingly held accountable for maintaining
and demonstrating a level of proficiency through lifelong learning, certification, and recertification, it is
important for them to have access to identified resources that will help them maintain the level of
knowledge and quality needed throughout a career.
The Journal and educational offerings at AAPL meetings represent just this sort of valuable resource.
From the esoteric to the more routine, the articles
presented in The Journal cover a breadth and depth
critical to the advancement of the field. That said, an
opportunity for self examination of The Journal itself, such as the one conducted here, can provide a
296
forum for further conversation and shaping of the
landscape of knowledge promoted through this important publication.
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The Journal of the American Academy of Psychiatry and the Law