Ethical and Legal Aspects of Behavioral Health Nursing Flashcards
What is a stigma?
negative attitudes, beliefs, and stereotypes people may hold towards people
What is a fundamental goal in psychiatric care?
Have a balance between the rights of an individual patient and the rights of society
What is bioethics?
Ethics in health care
What is beneficence?
To do good
What is autonomy?
Right to choose or make decisions
What is justice?
Fairness
What is equity
Everyone having fair access
What is equality?
Everyone having equal access
What is fidelity?
Loyal
What is Nonmaleficence?
To do no harm
What is veracity?
to tell the truth
What are morals?
Things we believe as individuals. These beliefs determine what is right and wrong
What are ethics?
Accepted principles of what is right and wrong
What are laws?
They reflect the ethical values of our society
Liberty v Commitment: The Humphrey V Cady case in 1972 talked about the Writ of habeas corpus and Least restrictive alternative doctrine, what are those? What does this case say>
Cases ruled that involuntary commitment to the mental hospital was depriving someone of their liberty, so processes were put in place if needed.
Writ of habeas corpus is a formal written order to free a person
The doctrine states that the least restrictive measures need to be taken first
Law and Admissions: Olmsted v L.C 1999 case, what did it rule?
It ruled that patients with mental health issues are to be placed in a less restrictive environment rather than in institutions. Illness must be present an immediate crisis and problem has to be based on the DSM-5
What are the 2 types of admissions?
Voluntary and involuntary
What is voluntary admission?
Chosen admission by patient or pt’s guardian. They have the right to be released at any time they choose
What is involuntary admission. What are the types?
Patient enters against will, usually needed when pt is a danger to themselves or others.
Types include: Judicial, administrative, and agency
How long does someone stay for an emergency involuntary hospitalization?
1-10 days
How long does someone stay for an observational hospitalization?
72 hr hold
How long does someone stay for a temporary involuntary hospitalization?
10+ days
How long does someone stay for an involuntary outpatient commitment:
Tim’s Law. This is usually court ordered
How long does someone stay for a long-term or formal commitment
months
What is conditional release?
A type of discharge, outpatient treatment, specific conditions and still under supervision
What is Unconditional release?
A type of discharge, where no more treatment is needed, no longer needs institution
What is AMA or against medical advice?
Where patient chooses to leave without the advice of a physician. NEEDS DOCUMENTED
Laws and right to treatment: 1964 Hospitalization of the mentally Ill Act, what did it state?
Patients have the right to treatment in a humane environment with qualified staff
Right to refuse treatment, what does that mean?
The patient has the right to withhold consent, right to withdraw consent at any time and can retract consent
Laws and Right to Informed Consent: 1972 Canterbury v spence, it states that
Adults with a sound mind has the right to determine what shall be done to his or her body. Unless determined incompetent
Duty to warn 1974 and 1976, what does it state?
Physicians have the duty to warn a patient’s potential victim. Also says there is a duty to protect
A nurse has a duty to communicate and record relevant information to the police and relatives, if a nurse fails to do so this is deemed?
Negligent
As Nurses we have a duty to make sure that our patients are safe at the hospital but also at home. Meaning what else is their duty to report?
Elder and Child Abuse
What does it mean to have the duty to intervene as a nurse?
That means we will intervene on the patient’s behalf when their safety or well-being is at risk
There have been laws made about restraints and seclusion, what do these laws consist of?
Prohibits used of unnecessary physical restraint or isolation. Less restrictive measures should be used first
When a patient has on restraints, what needs to happen?
Need to be assess regularly for physical needs, safety, and comfort every 15-30 minutes
When charting in general it needs to be?
Accurate, descriptive, and legible. Always document
