Legal and Ethical Issues (Chapter 9) Flashcards
To be informed about benefits, qualifications of all providers,
available treatment options, and appeals and grievance procedures
• Least restrictive environment to meet needs
• Confidentiality
• Choice of providers
• Treatment determined by professionals, not third-party payers
• Parity
• Nondiscrimination
• All benefits within scope of benefit plan
• Treatment that affords greatest protection and benefit
• Fair and valid treatment review processes
• Treating professionals and payers held accountable for any injury
caused by gross incompetence, negligence, or clinically unjustified
decisions
Highlights of Patient’s Bill of Rights (Box 9.1)
Clients hospitalized against their will under these conditions
are committed to a facility for psychiatric care until they no longer pose a
danger to themselves or to anyone else.
Involuntary Hospitalization
A person can be detained in a psychiatric facility for __________ on an
emergency basis until a hearing can be conducted to determine whether or not
he or she should be committed to a facility for treatment for a specified
period.
48 to 72 hours
Clients admitted to the hospital voluntarily have the right to leave, provided
they do not represent a danger to themselves or others. They can sign a
written request for discharge and can be released from the hospital against
medical advice.
Release from the Hospital
If a voluntary client who is dangerous to him or herself or to
others signs a request for discharge, the psychiatrist may file for a _____________ to detain the client against his or her will until a hearing can take
place to decide the matter.
civil commitment
________ is the requirement that
clients continue to participate in treatment on an involuntary basis after their
release from the hospital into the community.
mandatory outpatient treatment (legally assisted)
Mandated outpatient treatment is sometimes also called ___________ or ______________.
conditional release
or outpatient commitment.
The court appoints a person to act as a _________ who assumes many responsibilities for the person, such as giving informed consent, writing checks, and entering contracts.
Guardianship
A person assigned by the court to manage all financial affairs of the client.
Conservatorship
It means that a
client does not have to be hospitalized if he or she can be treated in an outpatient setting or in a group home. It also means that the client must be free of restraint or seclusion unless it is necessary
Least Restrictive Environment
_____ is the direct application of physical force to a person without his
or her permission to restrict his or her freedom of movement. The physical
force may be human or mechanical or both
Restraint
________ occurs when staff members physically control the client and move him or her to a seclusion
room.
Human restraint
_________ are devices, usually ankle and wrist restraints, fastened to the bed frame to curtail the client’s physical aggression, such as hitting, kicking, and hair pulling.
Mechanical restraints
________ is the involuntary confinement of a person in a specially
constructed, locked room equipped with a security window or camera for direct visual monitoring.
Seclusion
Any sharp or potentially dangerous objects, such as pens,
glasses, belts, and matches, are removed from the client as a safety precaution.
Seclusion decreases stimulation, protects others from the client, prevents property destruction, and provides privacy for the client. The goal is to give the client the opportunity to regain physical and emotional self-control.
Seclusion