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31 Cards in this Set
- Front
- Back
Universal Bill of Rights for Mental Health Patients
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-right to appropriate treatment
-right to treatment plan -right to ongoing participation -right to reasonable explanation -right to informed consent -right to not participate in experiments -right to freedom from restraint -right to harmfree environment -right to access health records -right on confidentiality -right to be informed promptly at time of admission -right to assert grievences -right to exercise rights -right to referral to other providers |
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Americans with Disabilities Act
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unlawful to discriminate in employment, gov't services, transportion, public accommodation, telecommunications against qualified diabled individuals
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self determination
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being empowered or having the free will to make moral judgements
(basic need) -right to refuse treatment, choose one's health related behaviors, second opinion |
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Patient Self-Determination Act
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part of Omnibus Budget Reconcilation Act, for those receiving medicare or medicaid
-right of patient to be a central part of any health care decisions --info about advance directive, record of advance directive, infor about rights to advance care and refusal of medical care |
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Advanced Care Directives
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living wills, appointed directives, power of attorney witnessed by two people of their wishes
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competence
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degree to which the patient can understand and appreciate info given during the consent process
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incompetent
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unable to understand and appreciate the info given during the consent process
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informed consent
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right to determine what shall be done with their body and mind
-required by law |
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to determine competence of informed consent:
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must be able to
-communicate choices -understand relevant information -appreciate the situation and its consequences -use a logical thought process to compare risk and benefits |
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voluntary admission/commitment
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individual is admitted to a public facility with full legal rights retained
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involuntary commitment
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confined hospital admission without persons consent but with a court order
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3 common requirements among states for involuntary committment
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1. individual must be mentally disordered
2. must be dangerous to self or others 3. unable to provide for basic needs |
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provision most states have:
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short term hospitalization of 48-92 hours authorized by a mental health provider without court order
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most states view on refusal of treatment/meds:
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most give right to refuse treatment
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least restrictive environment
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right to be treated, patient cannot be institutionalized if successfully treated in the community, med cannot be given unnecessarilt, cannot be restrained or locked in a room unless all other less restrictive interventions have been tried
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confidentiality
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ethical duty of nondisclosure
-can be broken if society needs protection or danger to others may occur (mandated by law to report) |
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privacy
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individual's personal life not governed by society's law and government
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breach of confidentiality
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release of patient info without the patient's consent
-even to family |
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HIPAA
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health insurance portability and accountability act
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what documentation are nurses responsible for:
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-observations of patient's subjective and objective physical, psychological, social responses to mental disorder and emotional problems
-interventions implemented -evaluation of outcomes of interventions |
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other things nurses are response for assessing:
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-side effects of meds
-therapeutic actions -suicidal or homicidal tendencies |
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tort
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civil wrong committed by one person that causes injury to another
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assault
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threat of unlawful force to inflict bodily injury upon another
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medical battery
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intentional and unauthorized harmful or offensive contact, occuring when a patient is treated without informed consent
-failure to respect patient's advance directives |
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false imprisionment
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detention or imprisionment contrary to provision of the law
-facilities that will not discharge voluntarily committed patients |
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negligence
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breach of duty of reasonable care for a patient that the nurse is responsible for that results in personal injury
-getting informed consent without disclosing nature of procedure |
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to prove negligence:
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1. duty- accepting assignment for care for patient
2. breach of duty- failure to practice according to acceptalbe standard care 3. cause in fact- injury would not have occured if standard care was given 4. cause in proximity- harm actually occurred within the scope of foreseeable consequences 5. damages- physical or emotional injury caused by breach of standard of care |
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ways to prevent negative outcomes of malpractice litigation:
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-evaluate risks
-document decisional processes and reasons for choices among alternatives -involve family in important decisions -make decisions within team model and document this shared responsibility -adhere to agency policy and procedures -seek consultation and record input |
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internal rights protection system
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Public Law, protects and advocates the rights of individuals with mental illness and investigates any incidences of abuse or neglect
(varies by state) |
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external advocacy system
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organizations that operate outside of mental health facilities, advocate thru negotiation and recommendation
-can deny accreditation |
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accreditation
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how mental health agencies are judged by established standards to provide quality of care
-necessary for 3rd party reimbursement -ex-JCAHO |