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50 Cards in this Set
- Front
- Back
____ determines what is “right” or “good” within a society. |
Legislation |
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Many of the state laws revised after this Act
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Community MH Centers Act (1963) - JFK |
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: moving people out of state hospital into community |
Promoted de-institutionalization |
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(JFK’s sister had____. She had a lobotomy, JFK decided institutions were wrong |
down syndrome |
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At times it is necessary to ____ rights for the protection of patients or of others and for therapeutic purposes. |
suspend |
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Suspension of a patient’s rights requires the nurse to clearly document _____
Ie: take away phone privilege (for threatening, 911, causing others distress)
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reasons to withdraw these rights |
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Persons with mental illness _____ the same rights under federal and state laws as any other citizen |
are guaranteed |
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Patient Rights: Right to Treatment |
A humane environment
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Patient Rights: Right to_____
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Refuse Treatment |
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Patient Rights: Right to _____ For consent to be effective legally, it must be informed
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Informed Consent
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: the capacity to understand the consequences of one’s decisions |
Competence |
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Patient Rights: _____
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Seclusion and Restraints |
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: The involuntary confinement of a patient alone in a room, or area from which the patient is physically prevented from leaving |
Seclusion |
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: 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 |
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Use of Seclusion and Restraints 5 |
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Contraindications to Seclusion and Restraints 5 |
Extremely unstable medical and psychiatric conditions |
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: It is the duty of the nurse to protect confidential patient information. |
ANA Code of Ethics (2001) |
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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 |
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____ is a good idea, it helps the pt to find their own parameter and triggers.
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Voluntary seclusion |
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One should consider if there is a _____2____ before applying any restraints. |
less restrictive setting and less restrictive alternative |
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Legally, behavioral restraint and seclusion are authorized as an intervention:
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Nurses |
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____ is the most liberal, least restrictive method of observation
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Therapeutic observation (TO) |
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____ CANNOT decrease level of observation (only physician can do this) |
Nurses |
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____ is the level of observation that is constantly being watched |
Constant observation |
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The highest level of observation is _____
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special constant/ suicide constant observation (SCO) |
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special constant/ suicide constant observation (SCO) |
This is within arms-length and is only for pt for very untrustworthy (acutely ill) pts |
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Chemical Restraints are never ____, though the physician can prescribe it PRN for each pt |
a standing order |
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exceptions to Confidentiality → These are mandated to be reported
4 |
Harm to self
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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
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Duty to Warn |
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Tarasoff vs. Regents of University of CA, 1974 |
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“_____ ends where the public peril begins” |
Protective privilege |
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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 |
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__2__ may serve as a defense to charges of an intentional tort. |
Self-defense or protection of others |
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Carelessness Foreseeability of harm |
Negligence/malpractice |
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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 |
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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 |
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____are unintended acts against another person that produce injury or harm.
ie: negligence, failure to warn |
Unintentional torts |
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3 steps The proper procedure for dealing with escalated (especially dangerous) behavior is to: |
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Involuntary commitments – has to show harm yourself or someone else to accomplish this
4 |
Emergency commitments –
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avoiding liability8 |
Respond to the client |
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Milieu characteristics conducive to violence:
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Overcrowding |
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De-Escalation Principles |
Maintain patient’s self-esteem and dignity
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Discounted
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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 |
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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 |
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_____ 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 |
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_____ 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 |
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Does commitment mean that a person will be forced to take medication?
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No, people who have been committed retain their right to refuse treatment. |
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Under what circumstances can someone be medicated against his or her will?
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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. |
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is the capacity to understand the consequences of one’s decisions. |
Competency |