LEGAL ISSUES IN MENTAL HEALTH Flashcards
Client’s goals
To live independent, integrated lives as citizens of a community
Pt. has the Right to refuse medication through AHA (American Hospital Association)
Exception: if pt Gets Riesed- needs med, in emergency situation, if pt is incompetent to make decision
Right to the Least-Restrictive Tx Alternative
Tx in Outpatient-day hospitals-involuntary, verbal rehab techniques, behavioral techniques, chemical intervention, mechanical restraints, ECT
Right to confidentiality and Rt to Privacy
With the exception of: pt. escapes, DTS/DTO, during court
When is Informed consent by pt needed?
Prior to getting medical tx, except if pt is gravely disabled or a child
What are voluntary admissions?
When pt comes in b/c they feel they are a harm to themselves. Can leave whenever they want after MD has evaluated them.
What is Community Mental Health Service Act of 1963?
It est. national guidelines for mental health services and ensured minimum standard of care for all psychiatric facilities
What did the Comm. Mental Health Act of 1963 provide?
Provided a response to public concerns in regard to the abuse of psych pt.’s and their rights. And created local statutes governing care to decrease cost by having shorter hospitalization times.
Lanterman-Petris-Short Act 1968?
It’s a CA law. Provides prompt eval and tx, protect safety, offers conservatorship program for gravely disabled, and allowed for pt. to have a judicial review (do determine if there’s a justifiable mean for the hold)
Criteria for involuntary commitment
DTS,DTO, or GD(unable to provide food, shelter, & safety for themselves). Can have 1 or all 3
5151
72hr hold for eval and tx. Form needs to be filled out and signed by designee before initiating hold
5250
14d involuntary hosp, client must first be given the option to accept tx voluntarily.
5260
Additional 14d hold for suicidal person (not seen often)
5270
30d hold (beyond the first 14d) for GD
Certification Review Hearings: Probable cause
It protects pt rights. Is legally req. for all psych pt. tx involuntarily beyond the initial 72h hold. Doesn’t have to be req by pt, and is held w/in 4d of the initial hold
Judicial Review (Writ of Habeas Corpus)
Optional, pt needs to request. Provides due process. Scheduled w/in 2 judicial days from date of filing. Pt entitled to representation by counsel or public defender
Who can have a Writ Hearing?
Pt on 5260, 5270, 5300, conservatorship
5300
180d hold for DTO (imminently dangerous)
Conservatorship
Needed for GD pt. They make decisions for pt., including medical tx. Anyone can apply to be one. Conservatee doesn’t need to live with conservator you just need to make sure their basic needs are being met. Effective for 1yr, then renewed Qyr
Riese Decision
Is done by detainin facility when pt refuses to take meds. Is med specific. Mostly done when antipsychotic meds are refused. This will allow to give med even if pt has refused
When can Riese be filed?
Only after repeated efforts have bn made to get pt.’s consent. (Only 5150, 5250, 5260 can be riesed)
Tarasoff Decision
Is the duty to warn victims/potential victims. Physician must report to police and victim. Rt to confidentiality is outweighed by risk for harm to victim.
