Test 1 - Legal Flashcards
T or F: If a patient feels suicidal and admits themself voluntary, they may leave at any time.
False, once admitted for DTS, there is a mandatory 72 hour hold.
What are three reasons to call 5150?
DTO
DTS
GD - inability to provide food, clothing or shelter due to mental disorder
T or F: Patients are always entitled to the right to refuse medication
False. If a patient is Riesed, they may not refuse.
A court order is required, called getting RIESED. Once a pt is RIESED, they can’t refuse meds. If they do, it’s the nursing staffs job to implement the DRs orders, which means giving IMs against a patients will.
Otherwise, patients reserve the same rights as any patient - voluntary or involuntary.
There is a guideline for involuntary length of stay (LPS laws). What are the time periods for DTS?
- 72 hour hold initially
- 14 days after the 72 hours
- 14 days a second time
Total 31 days
There is a guideline for involuntary length of stay (LPS laws). What are the time periods for dto?
- 72 hour hold initially
- 14 days after the 72 hours
- 180 days
Total 197 days
There is a guideline for involuntary length of stay (LPS laws). What are the time periods for GD?
- 72 hour hold initially
- 14 days after the 72 hours
- 30 days (with temporary conservatorship)
- 1 year conservatorship
Total 412 days
What is tarasoff?
The duty to inform others of risk. For example: Patient is admitted on 5150 for DTO. During therapeutic communication, he tells you he plans to kill his boss. You are responsible for informing the boss.
WHich court handles Riese hearings?
Court 95
T or F: Involuntary clients can own firearms four years after admission
False. Minimum of 5 years. Must be reported to department of justice reporting.
_____ ___ hearing is for minors age 14-17 years old
roger s
The purpose is for the child to contest treatment
Mental patients have a bill of rights. What are those rights?
- adequate staffing
- least restrictive setting possible
- privacy
- comfort - bed, food, etc
- Informed consent! One per med!
- Payment for work done
- Individualized Tx plan
What are our ethical principles to practice by?
- grant autonomy
- Beneficence - promote good
- Non Maleficence - do no harm
- Justice - fairness
- Veracity - truthfulness
What is kantianism?
action is based on sense of duty, NOT for the outcome (aka hold a door open for a someone because it is right, not for recognition or a thank you)
Kantianism is defined as a branch of philosophy that follows the works of Immanuel Kant who believed that rational beings have dignity and should be respected. A philosophy of rational morality including God and freedom, based on the works of Kant, is an example of Kantianism.
What is ethical egoism?
Doing what is best for the individual, not the whole
________ brings the most good for the most people.
utilitarianism
When a person is DTS or DTO and is acting out and being extremely agressive or abusive, what can we do?
Before meds, seclusion or restraing:
- Try verbal de-escalation
- If verbal doesn’t work, show of force by having additional staff back us up.
- Demand that patient returns to their room to cool off. (time out)
If patient continues unruly behavior:
- Meds first
- Seclusion (involuntary confinement)
- Restraint
T or F: RN can initiate seclusion and restraint then obtain MD order
True
Orders must be renewed periodically and the max a person can be in seclusion/restraint is 24 hours.
In person evaluation must be done within 1 hour of initiation.
How often must you renew restraint/seclusion hours for adults?
every four hours
How often must you renew restraint/seclusion hours for 9-17 (puberty ages)?
every 2 hours
How often must you renew restraint/seclusion hours for children under 9?
every hour
How often must you check on a patient in restraints/seclusion?
every 15 minutes
Jimmy is restless and pacing. The nurse states, “If you don’t be still, I am going to put you in restraints.” What legal action might this nurse be charged with?
A. Battery
B. Assault
C. Defamation of character
Assault
A. Battery - physical
B. Assault - verbal
C. Defamation of character - saying something bad about someone to others in order to defame them.
When should we release patient from restraints?
when behavior will be corrected. Patient must give verbal plan of correction.
T or F: Patient has the right to wear their own clothes.
True
T or F: Patient does not have the right to refuse electric shock treatment
False, they can refuse it
T or F: Rights can be removed if DTS or DTO.
True. Must document in chart.
