Legal and ethical Issue Flashcards

1
Q

What is the mental health act?

A
  • provincial legislation regulation regulating mental health care in Ontario
  • Regulates the assessment, admission and treatment of a person with a mental disorder
  • Defines the rights of pt in psychiatric facilities
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2
Q

What is the rights of clients for voluntary admission? Exception?

A
  • Retain all civil rights afforded to all people
  • This includes the right to refuse treatment and discharge themselves at anytime
  • Except if suicidal
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3
Q

What is the rights of clients for involuntary admission?

A
  • Ct’s rights are under there order of someone else.
    –> without their consent, they must be proven at risk for themselves or others
  • Lose only the right to freedom
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4
Q

What is a form 1?

A

Provides detention to allow assessment of a person mental state. Completed by MD
- Occurs when the MD reasonable believes the person is at risk of self harm, harm to others, or unable to care for self without psychiatric treatment
- Valid for up to 72 hours

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5
Q

What is a form 42?

A

Notification to the pt that he or she is now on a form 1 and the reason why. Completed by MD who is detaining the pt at the psychiatric facility
- Given promptly
- Original is given to pt and documented on form 1 when given

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6
Q

What is a form 2?

A

Filled out by the Justice of the Peace based on info presented by other members of the public. Similar to form 1.
- Valid for 7 days

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7
Q

What is a form 3?

A

Signed by a different MD than form 1
- Can last up to 14 days
- Form 4 is the renewal form of a form 3, lasting longer
- Person now becomes an involuntary pt

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8
Q

What is a form 30?

A

Notification to the pt she/he is on a form 3 and why that is completed by MD. Pt has rights to advice and right to appeal

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9
Q

What is a form 4?

A

An extension of a form 3. Longer and can be renewed

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10
Q

What is a form 9?

A

order for return. If F1 or F3 pt AWOL’s
- brought back by police

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11
Q

What is a form 5?

A

change to informal of voluntary status

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12
Q

What is a community treatment orders(CTO)?

A

Designed to deal with the ‘revolving door’ patient
- Introduced to facilitate the supervision of treatment in the community of persons who has experienced two or more admissions or 30 days to a psych facility
- Stabilize condition first before they leave the hospital, after being released the pt needs to stop regularity at a treatment facility.

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13
Q

What is a conservatorship?

A

Legal guardianship separate from civil commitment for hospitalization that is court appointed

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14
Q

Explain least restrictive environment?

A

It is an environment appropriate to meet the ct’s needs
- includes restraints and seclusion(used for the shortest time necessary

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15
Q

What is the two unintentional torts?

A
  1. Negligence
  2. Malpractice
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16
Q

What is a negligence tort?

A

Harm caused by failure to do what is reasonable and prudent

17
Q

What is a malpractice tort?

A

Breach of duty directly causes injury or loss to the client

18
Q

What is three intentional torts?

A
  1. Assault
  2. Battery
  3. False imprisonment
19
Q

What is an assault tort?

A

Causes person to fear being touched in an offensive manner

20
Q

What is a battery tort?

A

Harmful or unwanted actual contact

21
Q

What is a false imprisonment tort?

A

Unjustifiable detention

22
Q

What is an ethical dilemma?

A

A situation in which ethical principles conflict or there is no one clear course of action
- Includes ct’s right to self-determination and independence (autonomy) and concern for the “public good” (utilitarianism)

23
Q

What does ethical decision-making include?

A
  • Gathering info
  • Clarifying values
  • Identifying options
  • Identifying legal considerations and practical restraints
  • Building consensus for the decision reached
  • Reviewing and analyzing decision