Ethics & Legal Flashcards
What criteria is necessary for admission of a mental health pt.?
Severity of symptoms, risk of danger to self & others, pt/fam preference & needs, financial situations, voluntary/involuntary
What is the only civil right mental health pt.’s don’t have?
The right to leave the hospital in the case of involuntary commitment
What is the process where a person is suffering from a mental illness, unable to care for self, or is a danger to self or others & may be temporarily detained & committed to a hospital or outpt. treatment, but is governed by individual states?
Involuntary commitment
What is a civil or judicial involuntary commitment?
When the court intervenes for a longer term of the pt’s stay to protect the community from persons posing a threat.
What federal levels are involved in the Due Process in Civil Commitment?
US Constitution 5th & 14th Amendment (both federal level)
What is an emergency involuntary commitment?
When the pt. is a risk of harm to self or others, court ordered, incompetent, only lasts 72 hours for adults, 24hrs for children
What has a goal of balancing a persons right to freedom w/ protection of the mental ill person who is unable to care for self & the protection of society?
Due Process in Civil Commitment
What do the courts need to do to be able to commit a mentally ill pt. for longer than 72 hrs by determining if standards are met through a hearing
Due Process: Petition
What is excluded in confidentiality vs. privileged communication for mentally ill pt’s?
Abuse, info that could prevent murder, if someone is at risk for harm by the MI pt, some communicable diseases
What is the responsibility of a treating mental health professional to notify an intended identifiable victim?
Tarasoff Duty to Warn
What is the lack of ability to understand right from wrong at the time of the offense & must be able to form intent?
M’Naghten Rule- Not Guilty by Reason of Insanity
What does not apply to minors in matters of hospitalization?
Right to due process bc parents/guardians make decisions for them
What is 1:1 interaction?
Directly addressing the pt. by speaking to them
What is seclusion?
Involuntary confinement in a specifically constructed, locked room w/ a security window or camera for protection of others
What is needed to put a pt. in seclusion or restraints?
A doctors order & the doc must assess w/in 1hr & a 1:1
D/C ASAP, check restraints q15min & document CAREFULLY.
What is needed in order for a mentally ill pt. to stand trial?
Competency to understand proceeding of due process & assist attorney in preparing for hearing
What is it called when one’s mental illness takes over & they don’t have the will power to say no or stop themselves even though they know it is wrong?
Guilty But Mentally Ill
What is 1:1 observation?
“Sitter” observing the pt’s behavior
What is defined by the location of the work or the legal status of the pt. rather than by role functions?
Correctional nursing
What is the term used to describe actions taken based on end results that will produce the most good (happiness) for the most people?
Utilitarianism
What is the term used to describe decisions should be made & actions should be taken out of a sense of duty?
Kantianism
What is the term used to describe all decisions about right & wrong should be centered in love for God & to treat others w/ the same respect/dignity as we would like to be treated?
Christian Ethics
What is the term used to describe decisions about right & wrong are self-evident & are determined by human nature?
Ethical egoism
What amendments cover a mental health pt’s rights?
1st, 8th, 5th, & 4th
What is the term used to describe enacted by legislative bodies like congress, city/county council or the state?
Statutory law
What is the term used to describe derived from decisions made in previous cases?
Common law
What is the term used to describe protecting private & property rights of people & businesses? An ex. would be torts- negligence or breached contracts
Civil law
What is the term used to describe a condition where an individual as a result of MI is in danger of serious physical harm resulting from inability to provide for basic needs?
Gravely disabled pt.
What is the term used to describe shared info that’s detrimental to a pt’s reputation & the person sharing the info will be liable for it?
Defamation of character
What is the term used to describe shared info detrimental to a pt’s reputation in writing?
Libel
What is the term used to describe shared info detrimental to a pt’s reputation in orally?
Slander
What is it called when a pt. is searched w/o probable cause?
Invasion of privacy
What is the term used to describe an act resulting in persons fear they’ll be touched w/o consent?
Assault
What is the term used to describe unconsented touch?
Battery
What is the term used to describe protecting from conduct deemed injurious to public welfare? Ex. would be theft of meds
Criminal law
What are the least to most restrictive alternatives?
1:1 interaction, separating pt. from area/stimulus, redirecting the pt., limit setting, voluntary med admin., quiet room/time out, involuntary med admin, restraints or seclusion
What is the maximum time a pt can be put in restrains or seclusion?
24hrs
When should a doc order of restraints or seclusion be renewed?
q4h if 18+, q2h if 9-17, & q1h if 9 & younger
