PMHNP Role, scope, regulations Flashcards
Name of the 2 psych nurses that started it
June Mellow and Hildegard Peplau
Patient confidentiality is protected under
1995 medical Record Confidentiality Act
Confidentiality requires that the provider discuss
confidentiality issues with clients
establish consent
clarify any questions about disclosure of info
Confidentiality requires that the provider obtain
signed medical auth and consent form to release medical records and info when requested by the client or another provider
The first national comprehensive privacy protection act
HIPAA
HIPAA guarantees 4 fundamental rights
to be educated about HIPAA privacy protection
to have access to their own medical records
to request amendment of their health info to which they object
to require permission for disclosure of their personal info
The Health Information Technology for Economic and Clinical Health Act (HITECH) of 2009 and HRSA 2013 is about…
Incentive payments for sharing EHR data
meaningful use incentives
EHR to improve quality, safety, efficiency, effectiveness and outcomes
Includes E-prescribing, order sets, tracking care and duplication of services
Telehealth must include provisions for
emergency care of the client
HIPAA
Exemptions for guaranteed confidentiality
need for info outweighs the principle of confidentiality
client reveals intent to harm self or others
info given to attorneys in litigation
release to insurance
court orders, subpoenas, summons
meet state requirements for mandatory reporting
Tarasoff principle
child/elder abuse
tarasoff principle
duty to warn of potential victim of imminent danger of homicidal client (1976 case)
elements of informed consent
nature and purpose of proposed treatment or procedure
risks or discomforts and benefits of treatment
risks and benefits of not undergoing treatment
alternative procedures or treatments
diagnosis and prognosis
ALSO
Must document in MR of informed consent and PMHNP is responsible for ensuring the client is capable of giving informed consent
Ethics: Justice
Doing what is fair, fairness in all aspects of care
Ethics: beneficence
promoting well being and doing good
Ethics: Nonmaleficence
doing no harm
Ethics: fidelity
being true and loyal
Ethics: autonomy
doing for self
Ethics: veracity
telling the truth
Ethics: respect
treating everyone with equal respect
Deontological theory
An action is judged as good or bad based on the act itself regardless of the consequences
Teleological Theory
An action is judged as good or bad based on the consequences or outcome
Virtue Ethics
Actions are chosen based on the moral virtues (honesty, courage, compassion, wisdom, gratitude, self respect) or the character of the person making the decision.
4 elements of negligence that must be established to prove malpractice
Duty: Duty to exercise reasonable care
Breach of Duty: violation of applicable standard
Proximate cause: Causal relationship between the breach in the standard of care and the clients injury
Damages: client experiences permanent and substantial damages as a result of the breach.
What delineates the legal boundaries of a PMHNPs practice?
The Nurse Practice Act and related legislation of the specific state
