Legal/Ethical Flashcards
memorize
Involuntary Commitment
1) Made because of emergency situation
2) For observation & Tx of mentally ill persons
3) When a person is unable to take care of their basic needs
Conservatorship- Set up if person is determined that an individual is greatly disabled . have to go thru judge to say person is incapable of taking care of themselves and paying their bills etc.
Involuntary Commitment
A. Emergency Commitments- sought when a person manifests behavior that is clearly and immenently dangerous to self or others.
B. Mentally ill person in need of tx- In determining if commitment is required- the court looks for substancial evidence of abnormal conduct -evidence that cannot be explained as the result of a physical cause.
C. Involuntary outpatient commitment-court ordered mechanism used to compel a mentally ill person to submit to tx on an outpatient basis.
D. The Gravely Disabled Patient- when a patient, because of severe mental illness, is in danger of serious physical harm resulting from inability to provide for basic needs such as food, clothing, shelter, medical care, personal safety.
Involuntary Commitment
If a patient is ready to leave a facility and they are voluntary and facilty says they are not ready to leave (danger to self,others) then the patient can be converted to involuntary status with a court order.
Court order is usually obtained within 15 minutes
Involuntary Patient
If you put patient in restraints- you must get an order from MD within 1 HOUR
Voluntary Patient
If you say go to your room and stay there then it’s false imprisonment. restraining patient to their room against their will.
If I say go to your room and I don’t tell you to stay there then it IS NOT false imprisonment
If you put a patient who is voluntary status in restraints - it is considered false imprisonment- Nurse should IMMEDIATELY get a court order to change patient to involuntary status
Competent
A person is considered Competent until proven incompetent by JUDGE
Voluntary Admission
patient may sign out any time unless the Health Care provider determines that the patient may be harmful to self or others
Assault
Saying “i’m going to spank your fanny” -(Threatening to hit someone)
Battery
Actually spanking the person on the fanny-
Duty to Warn
EX: patient says when her leaves facility he is going to kill his sister.
What do you do 1) Tell Supervisor 2) Chart Immediately
Person patient threatened to harm has right to be informed of threat and it is a duty of health care system to do so
Dr order for restraints
Must get an order within 1 HOUR of putting patient in restraints
MD must come in and assess them - Nurse must check on them q15
Restraints
Before placing in restraints:
1) try to meet their needs- Talk patient down
2. Offer PRN Meds
3. Give them Cocktail
4. ) Restraints
***You need to keep getting new orders to keep patient in seclusion and restraints
Must get order within an hour and MD must come in and lay eyes on patient
Duty to Warn Came from
The California Supreme Court ruled that a mental health professional has a duty not only to a patient, but also to individuals who are being threatened by that patient.
This came after a college kid admitted to his psychologist that he intended to kill his former girlfriend when she returned from vacation.
psychologist recommended commitment of student but he was released because he appeared rational and promised to stay away from his former girlfriend.
When his former girlfriend returned from vacation - he stabbed her to death
