legal/ethical (1) Flashcards
name circumstances where informed consent can be waived
-mentally incompetent
-treatemtn refusal endangers lives of others
-emergency where client doesn’t have judgement
-child
-therapeutic priviledge (info may be withheld if it would hinder tx, cause psych harm, or make client so upset they can’t make decisions)
who hold liability for informed consent
physician/provider
what does competence require?
decision makign capacity
what is the appointment of a person to make decisions when judgement is impaired or diabled
guardianship (sig other, attourney)
can people with guardianship consent to contracts, sexual activity, or treatment?
no
can guardianship be limited to finaces only?
yes, uses payee
what is an informal admission
sought hy the patient
what is a voluntary admission
sought by patient or guardian
what is an involuntary commitment admission
without patient consent (mentally ill, dangerous, unable to acquire basic necessities)
what are involuntary commitments for?
observation, diagnosis, or treatment
how long to involuntary commitments last?
24-96 hours
what needs to be done before discharge from an involuntary commitment?
court hearing to decide what to do next
what allows state to hospitalize individuals with mental illness against their will
pink slip
what requires a patient to be pink slipped
-hospitalized by court order
-substantial risk of physical harm to self/others if allowed to remain at liberty pending examination
what time frame does a pink slipped aptient need to be evaluated by a psychiatrist
24 hours
what section of the pink slip allows the patient to be taken to the ED for a 24h hold? (done by police officers, psychiatrists, parole officers, etc.)
statement of belief
what section of a pink slip involves the detainment for further observation
statement of observation
how long is the statement of observation valid for?
72 hours, not including weekends/holidays
when does “day 1” of the statement of observation start?
on the day it is signed if before 1630, otherwise the start of the next business day.
(if at 1700 on a friday, day 1 won’t be until monday)
what are the 3 options when a pink slip expires
- discharge
- sign voluntary admission
- court ordered hospitalization
what is a court-ordered treatment on an outpatient basis
involuntary outpatient commitment (IOC)
what are the 3 criteria that need to be met to force meds?
- behavior is dangerous to self or to others
- med must have reasonable chance of working (FDA approved)
- client must be judged incompetent to evaluate treatment
in person evaluation by physician, psychiatrist, or must be completed within _____ of initiating restraint or seclusion
1 hour
what kind of monitoring is needed in restraint or seclusion?
continuous
how often does a restraint order to be renewed throughout the ages
1 hr for kids <9
2 hr for kids 9-17
4 hr adults
when can info be released without consent
in life-threatening situation (document)
what is the “duty to warn”
let outside people know if a patient intends to harm them!!
what is an instance of negligence or incompetence on the part of a professional (must prove damages)
malpractice
what is the failure to exercise standard of care that a reasonable prudent person would have exercised in a similar sotuation
negligence
