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50 Cards in this Set

  • Front
  • Back

____ determines what is “right” or “good” within a society.

Legislation

Many of the state laws revised after this Act
After this, the funding was cut off
Promoted de-institutionalization
Positive and negative outcomes:
Negative: homelessness, mass shootings
Positive: less abuse, pt become part of society


Community MH Centers Act (1963) - JFK

: moving people out of state hospital into community

Promoted de-institutionalization

(JFK’s sister had____. She had a lobotomy, JFK decided institutions were wrong

down syndrome

At times it is necessary to ____ rights for the protection of patients or of others and for therapeutic purposes.

suspend

Suspension of a patient’s rights requires the nurse to clearly document _____



Ie: take away phone privilege (for threatening, 911, causing others distress)
However, you cant assume things (ie: flight risk is not adequate reason)


reasons to withdraw these rights

Persons with mental illness _____ the same rights under federal and state laws as any other citizen

are guaranteed

Patient Rights: Right to Treatment
Treatment must include:4

A humane environment
Qualified staff
Sufficient staff
Individualized care plan


Patient Rights: Right to_____



Patients may withhold consent or withdraw consent at any time
This is true of voluntary or involuntary committed to treatment



However if the pt refuses, they may not be allowed to leave
Cannot force medication until there is a court hearing about it


Refuse Treatment

Patient Rights: Right to _____


For consent to be effective legally, it must be informed
Informed consent is situated on the patient’s competence
Pt must be competent


Informed Consent


: the capacity to understand the consequences of one’s decisions

Competence

Patient Rights: _____
Seclusion: The involuntary confinement of a patient alone in a room, or area from which the patient is physically prevented from leaving
Restraint: Any manual method, physical or mechanical device, material, or equipment that immobilizes or reduces the ability of a patient to move his or her arms, legs, body, or head freely


Seclusion and Restraints

: The involuntary confinement of a patient alone in a room, or area from which the patient is physically prevented from leaving

Seclusion

: Any manual method, physical or mechanical device, material, or equipment that immobilizes or reduces the ability of a patient to move his or her arms, legs, body, or head freely

Restraint

Use of Seclusion and Restraints
Legally, behavioral restraint and seclusion are authorized as an intervention:


5


When particular behavior is physically harmful to the patient or a third party
When disruptive behavior presents a danger to the facility
When alternative or less restrictive means are insufficient in protecting the patient or others from harm
When a decrease in sensory over-stimulation is needed
When the patient anticipates that a controlled environment would be helpful and requests seclusion


Contraindications to Seclusion and Restraints


5

Extremely unstable medical and psychiatric conditions
Delirium or dementia leading to inability to tolerate decreased stimulation
Severe suicidal tendencies
Severe drug reactions or overdoses or need for close monitoring of drug overdoses
Desire for punishment of patient or convenience of staff

: It is the duty of the nurse to protect confidential patient information.

ANA Code of Ethics (2001)

Seclusion and restraints have been marked by __2__. This country has been working to move away from this. It is monitored by the Joint Commission.

overuse and abuse

____ is a good idea, it helps the pt to find their own parameter and triggers.
Could be misused to avoid


Voluntary seclusion

One should consider if there is a _____2____ before applying any restraints.

less restrictive setting and less restrictive alternative

Legally, behavioral restraint and seclusion are authorized as an intervention:
______ can do this and make this determination (physician will later write order)


Nurses

____ is the most liberal, least restrictive method of observation
Nurses have the ability to initiate ^ this into practice


Therapeutic observation (TO)

____ CANNOT decrease level of observation (only physician can do this)

Nurses

____ is the level of observation that is constantly being watched

Constant observation

The highest level of observation is _____


special constant/ suicide constant observation (SCO)

special constant/ suicide constant observation (SCO)

This is within arms-length and is only for pt for very untrustworthy (acutely ill) pts

Chemical Restraints are never ____, though the physician can prescribe it PRN for each pt

a standing order

exceptions to Confidentiality → These are mandated to be reported



4

Harm to self
Harm to others
Elder abuse
Child abuse


exception to confidentiality



The healthcare provider has an obligation to warn identified individuals if a client has made a credible threat to harm them



Must communicate this information to other professionals
Must take steps to protect the potential recipient(s) of harm


Duty to Warn


Tarasoff was going to kill a teacher. Admitted it before to psychologist.
Now this has become a requirement to warn individual of threats (must be credible)


Tarasoff vs. Regents of University of CA, 1974

“_____ ends where the public peril begins”

Protective privilege


May carry criminal penalties


Punitive damages may be awarded


Not covered by malpractice insurance


Voluntary acts intended to bring a physical or mental consequence


Purposeful acts


Recklessness


Not obtaining patient consent

Intentional torts

__2__ may serve as a defense to charges of an intentional tort.

Self-defense or protection of others


Carelessness


Foreseeability of harm

Negligence/malpractice

Person apprehensive (____) of harmful/offensive touching (____)


Threat to use force (words alone are not enough) with opportunity and ability


Treatment without patient’s consent

assault


battery


Intent to confine to a specific area


Indefensible use of seclusion or restraints


Detention of voluntarily admitted patient, with no agency or legal policies to support detaining

False imprisonment

____are unintended acts against another person that produce injury or harm.



ie: negligence, failure to warn

Unintentional torts

3 steps


The proper procedure for dealing with escalated (especially dangerous) behavior is to:


Attempt to calm patient verbally



Offer pharmacologic (PRN) intervention



Seclude or restrain patient if other options have been unsuccessful, or the patient is acting in a dangerous manner
Get some help before doing this
Can jump right to this if there is a risk to self or others


Involuntary commitments – has to show harm yourself or someone else to accomplish this



4

Emergency commitments –
The mentally ill person in need of treatment
Involuntary outpatient commitment
The gravely disabled client


avoiding liability8

Respond to the client
Educate the client
Comply with the standard of care
Supervise care
Adhere to the nursing process
Document carefully
Follow up as required
Develop and maintain a good interpersonal relationship with client and family

Milieu characteristics conducive to violence:
5


Overcrowding
Staff inexperience
Provocative or controlling staff
Poor limit setting: must be comfortable setting limits
Arbitrary revocation of privileges

De-Escalation Principles

Maintain patient’s self-esteem and dignity
Maintain calm
Assess the patient and the situation
Identify stressors and stress indicators
Respond as early as possible
Calm, clear tone of voice
Invest time
Remain honest
Establish the patient’s need
Maintain a large personal space
Avoid verbal struggles
Give several options
Attempt to be confidently aware
Assess for personal safety



Feelings that May Precipitate Anger


Discounted
Embarrassed
Frightened
Found Out
Guilty
Humiliated
Hurt
Ignored
Inadequate
Insecure
Unheard
Out of control of the situation
Rejected
Threatened
Tired
Vulnerable


Signs and symptoms that usually (but not always) precede violence:


• ____: most important predictor of imminent violence (e.g., pacing, restlessness)


• _____: clenched jaw or fist, rigid posture, fixed or tense facial expression, mumbling to self (patient may have shortness of breath, sweating, and rapid pulse)


• ______: profanity, argumentativeness


• Loud voice, change of pitch; or very soft voice, forcing others to strain to hear


• Intense eye contact or avoidance of eye contact

Hyperactivity


Increasing anxiety and tension


Verbal abuse

The right to vote


• The right to civil service ranking


• The right to receive, forfeit, or deny a driver’s license


• The right to make purchases and enter contractual relationships (unless the patient has lost legal capacity by being adjudicated incompetent)


• The right to press charges against another person


• The right to humane care and treatment (medical, dental, and psychiatric needs must be met in accordance with the prevailing standards of these professions)


• The right to religious freedom and practice


• The right to social interaction


• The right to exercise and participate in recreational opportunities

Rights of those with mental illness

_____ is the termination of a patient-institution relationship. This release may be court-ordered or administratively ordered by the institution’s officials. Generally, the administrative officer of an institution has the discretion to discharge patients.

Unconditional release

_____ usually requires outpatient treatment for a specified period to determine the patient’s adherence with medication protocols, ability to meet basic needs, and ability to reintegrate into the community. Generally, a voluntarily admitted patient who is conditionally released can only be involuntarily admitted through the usual methods described above; however, an involuntarily admitted patient who is conditionally released may be reinstitutionalized, although the commitment is still in effect without recommencement of formal admission procedures.

Conditional release

Does commitment mean that a person will be forced to take medication?


No, people who have been committed retain their right to refuse treatment.

Under what circumstances can someone be medicated against his or her will?


In an emergency to prevent a person from causing serious and imminent harm to self or others, a person may be medicated without a court hearing.

is the capacity to understand the consequences of one’s decisions.

Competency