Legal and Ethical Aspects of Nursing Practice Chapter 13

1
Legal and Ethical Aspects of Nursing Practice
Chapter 13

• Psychiatric / Mental Health Nursing
• West Coast University
• NURS 204

2
Principles of Bioethics

• Autonomy
• Beneficence
• Fidelity
• Justice
• Nonmaleficence
• Veracity

3
Ethical Guidelines

• Standards for PsychiatricMental Health nursing
  practice published by ANA
• ANA Code of Ethics

4
Ethical Dilemmas

• The potential stigma of psychiatric diagnostic
  labels
• Psychiatrys right to control individual freedom
• The justification for involuntary treatment
• The use of restrictive treatment interventions
• The clients right to suicide
• The clients right to privacy

5
Stigma Associated with Diagnostic Labels

• Stereotypes
• Need for diagnostic labels
• Nurses moral stance

6
Mental Health Statutes and Regulations

• Rules and regulations are set by state
  governments
• Vary considerably
• Nurses must know the law of the state in which
  they practice

7
Voluntary Admission

• Informed consent
• Client retains all rights
• Client has a right to demand and obtain release

8
Involuntary Commitment

• Hospitalization against ones will
• Criteria
• Dangerous to self (DTS)
• Danger to others (DTO)
• Gravely Disabled (Unable to provide for basic
  needs due to Mentally illness)

9
Involuntary 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

10
Legal Terms

• Riese Petition (Medication Capacity Hearing)
• Probable Cause Hearing
• Writ of Habeus Corpus

11
PsychiatricMental Health Nursing Care

• Rights
• Dignity
• Autonomy

12
Psychiatric Advance Directive

• Modeled after advance directives for end-of-life
  care
• Allows competent persons to document their
  preferences regarding mental health treatment

13
Determining Negligence
14
Common Sources of Liability in Psychiatric /
Mental Health Services
15
Potential Problems

• Poorly funded services
• Stigma
• Isolation
• Denial of rights