Law RN practice Flashcards
protection for persons in care act 2010
applies to publicly funded service providers in alberta = hospitals, nursing homes and lodges, group homes, mental health facilities
excludes = home care, correctional facilities, student housing, doctors offices, day care
Service provider responsibilities
Protect clients from abuse
Maintain reasonable level of safety for clients
When notified of reported abuse, ensure clients are safe
Make information about the act available to anyone working in a facility including volunteers
Criminal records checks
Definition of abuse
An act or omission that:
Causes serious bodily harm
Causes serious emotional harm
Inappropriate administration, prescription or withholding of medication resulting in serious bodily harm
Non-consensual sexual activity
Misappropriating money or valuables
Failure to provide adequate nutrition or medical attention resulting in serious bodily harm
Range of physical harm
Minor = not requiring any treatment
Moderate to extreme = must be reported, requiring first aid treatment or relatively minor intervention up to harm resulting in permanent disability or death
Range of psychological harm
Minor = brief with only temporary stress or embarrassment
Moderate or major harm = with increasing levels of distress
Traumatic = significant and life changing
PPC act offences
Failure to report abuse
Failure of a service provider to comply with their duties
Failure of a service provider or individual involved to comply with the director’s decision
Service provider taking adverse action against a person who reports abuse or assists in an investigation or inquiry
Complaints
Must be made within two years of the incidence
Complaints are protected
It is against the law to not report abuse
Complaints officer makes an initial assessment and then can decide
Not to pursue the complaint
To refer to a PPC investigator
To refer to a professional college
To pass on to the police
PPC investigators
Access to records
Interviews clients and others associated with the abuse
Submits regular reports and makes final recommendations
PPC director makes decision based on report and can require action by service provider
Mental health act actions
Apprehension and detention
Admission and treatment
Community treatment orders
Compulsory admission
Examining physician must believe that a person is:
Suffering from a mental disorder
Likely to cause harm to that person or others, or to suffer substantial mental or physical deterioration or serious physical impairment
Unsuitable for admission to a facility other than as a formal patient
All three criteria must be met
Compulsory admission process
Physician completes a form 1: admission certificate
Person can then be held for 24 hours within which
A second physician completes a second form 1: admission certificate
The person can then be held for up to 1 month
Neither physician has to be a psychiatrist
Renewal certificates
Hospitalization can be continued beyond 1 month if two physicians - one of whom must be a psychiatrist - complete form 2 renewal certificates before the month is up
Renewal can be for a 1 month period x2
Renewal is then for a 6-month period
Community treatment orders (CTO)
Intended to support people in the community with severe and persistent mental disorder who have history of non-compliance with treatment
Treatment plan under supervision of psychiatrist- individual is involved in making or at least informed of decision (if not competent, guardian or substitute decision-maker)
Person can be apprehended on psychiatrist order if fails to comply
Person has right to request review
Patient rights/staff obligations
The person has to be given a copy of the admission certificates and have the reason for the compulsory admission explained to them
They have to be given verbal and written information about the review process and the mental health advocates office