Module 5: ETHICS, LEGAL PRINCIPLES, AND CULTURAL CARE Flashcards
Who deteremines the NP scope of practice?
o Determine by state legislative statues (state board of nursing)
What defines the NP roles and actions?
scope of practice
Identifies competencies assumed to be held by all NPs who function in a particular role; varies broadly from one state to another.
What authority determines standard of practice?
o Determined by American Nurses Association (ANA)
What defines the stanards of practice?
o Authoritative statements regarding the quality and type of practice that should be provided.
o Provide a way to judge nature of care provided.
o Can be used to legally describe standard of care that must be met by a provider, may be precise protocols or more general guidelines.
o The PMHNP is required by law to carry out care in accordance with what other reasonably prudent nurse would do in the same or similar circumstances. Thus, provision of high quality care consistent with established standards is critical.
Client’s right to assume that information given to the provider will not be disclosed.
Confidentiality
True or False:
HIPAA does not allow the PMHNP to make disclosure about psychotherapy notes for a patient’s condition without authorization.
true
True or False
You only need one release of information to give information on patient’s chemical and psychiatric infomration to a third part.
False, you need 2 seperatr relase of information forms
What are 6 exceptions to confidentiality
- When appropriate persons or organization determine that the need for information outweighs the principle of confidentiality.
- If a client reveals an intent to harm self of others.
- Answering court orders, subpoenas, or summonses.
- Information given to attorneys involved in litigation.
- Releasing records to insurance companies.
- Meeting state requirements for mandatory reporting of diseases or conditions.
What is the importance of the Tarasoff Principle
(Tarasoff v. Regents at the Univ. of California, 1976): duty to warn potential victim of imminent danger of homicide
True or False
The Tarasoff principle applies to all states.
False
**DOES NOT APPLY IN EVERY STATE!!*
The following criteria make up a ________.
o Communication process between provider and client that results in client’s acceptance or rejection of proposed treatment.
o An explanation of relevant information that enables the client to make an appropriate and informed decision.
o The right of all competent adults or emancipated minors.
o Emancipated minors: persons younger than 18 years old who are married, parents, or self-sufficiently living away from the family domicile.
informed consent
What are the 5 elements of an informed consent.
- Decision capacity: Patients should have the capacity (ability) to make the decision.
- Full disclosure: The provider should disclose. Information on the treatment, test, or procedure in question, including the expected benefits and risks, and the likelihood (or probability) that the benefits and risks will occur.
- Comprehension: The patient should be able to comprehend the relevant information.
- Voluntariness: The patient should voluntarily grant consent, without coercion.
- Documentation: Provider must document in medical record that informed consent has been obtained from the client.
If patients are not able to consent for themselves, who can consent for them>
family members, court-appointed guardians, or others (determined by state law) may act as “surrogate decision makers” and make decisions for them.
Justice
doing what is fair; fairness in all aspects of care.
Justice lead us to ensure that care is provided on a fair and equal basis, regardless of patient’s social status, financial status, sexual orientation, or ethnicity.
Nonmaleficence
Doing no harm.
**
* EX: Stopping a medication that is causing harmful side effects or discontinuing a treatment strategy that is not effective and may be harmful.**
* Imminent danger.
Promoting well being and doing good.
Beneficence
Fidelity
Being true and loyal.
* Fidelity comes the Latin “fides” meaning faithfulness. It is concerned with promise keeping, integrity, and honesty.
* It is also involves meeting the patient’s reasonable expectation (role fidelity) such as being respectful, competent, and professional.
Veracity
Telling the truth
Autonomy
- Right to self-determination.
- Allow healthcare teams to respect and support a patient’s decision to accept or refuse life sustaining treatments.
Which court case ruled that an involuntarily committed patient who has been found incompetent, absent an emergency, has a qualified right to refuse psychotropic medication.
Rennie Vs. Klein
