Post on 20-Jan-2016
Legal and Ethical Legal and Ethical Aspects of Nursing Aspects of Nursing
Practice Practice Chapter 13Chapter 13
Principles of Principles of BioethicsBioethics
Autonomy
Beneficence
Fidelity
Justice
Nonmaleficence
Veracity
Ethical GuidelinesEthical Guidelines
Standards for Psychiatric–Mental Health nursing practice published by ANA
ANA Code of Ethics
Ethical DilemmasEthical Dilemmas
The potential stigma of psychiatric diagnostic labels
Psychiatry’s right to control individual freedom
The justification for involuntary treatment
The use of restrictive treatment interventions
The client’s right to suicide
The client’s right to privacy
Stigma Associated with Stigma Associated with Diagnostic LabelsDiagnostic Labels
Stereotypes
Need for diagnostic labels
Nurse’s moral stance
Mental Health Statutes Mental Health Statutes and Regulationsand Regulations
Rules and regulations are set by state governments
Vary considerably
Nurses must know the law of the state in which they practice
Voluntary AdmissionVoluntary Admission
Informed consent
Client retains all rights
Client has a right to demand and obtain release
Involuntary Involuntary CommitmentCommitment
Hospitalization against one’s will
Criteria: Dangerous to self (DTS) Danger to others (DTO) Gravely Disabled (Unable to provide for
basic needs due to Mentally illness)
Involuntary Involuntary Commitment Commitment
5150 - 72 hour-hold (DTS, DTO, GD)
5250 - 14 day hold (DTS, DTO, GD)
Consecutive 14 day hold for DTS
30 day hold (GD)
180 day hold for (DTO)
Temporary Conservatorship - GD
LPS Conservatorship - GD
Legal TermsLegal Terms
Riese Petition (Medication Capacity Hearing)
Probable Cause Hearing
Writ of Habeus Corpus
Psychiatric–Mental Psychiatric–Mental Health Nursing CareHealth Nursing Care
Rights
Dignity
Autonomy
Psychiatric Advance Psychiatric Advance DirectiveDirective
Modeled after advance directives for end-of-life care
Allows competent persons to document their preferences regarding mental health treatment
Determining Determining NegligenceNegligence
Common Sources of Liability Common Sources of Liability in Psychiatric / Mental in Psychiatric / Mental
Health ServicesHealth Services
Potential ProblemsPotential Problems
Poorly funded services
Stigma
Isolation
Denial of rights