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31 Cards in this Set

  • Front
  • Back
Universal Bill of Rights for Mental Health Patients
-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
Americans with Disabilities Act
unlawful to discriminate in employment, gov't services, transportion, public accommodation, telecommunications against qualified diabled individuals
self determination
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
Patient Self-Determination Act
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
Advanced Care Directives
living wills, appointed directives, power of attorney witnessed by two people of their wishes
competence
degree to which the patient can understand and appreciate info given during the consent process
incompetent
unable to understand and appreciate the info given during the consent process
informed consent
right to determine what shall be done with their body and mind
-required by law
to determine competence of informed consent:
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
voluntary admission/commitment
individual is admitted to a public facility with full legal rights retained
involuntary commitment
confined hospital admission without persons consent but with a court order
3 common requirements among states for involuntary committment
1. individual must be mentally disordered
2. must be dangerous to self or others
3. unable to provide for basic needs
provision most states have:
short term hospitalization of 48-92 hours authorized by a mental health provider without court order
most states view on refusal of treatment/meds:
most give right to refuse treatment
least restrictive environment
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
confidentiality
ethical duty of nondisclosure
-can be broken if society needs protection or danger to others may occur (mandated by law to report)
privacy
individual's personal life not governed by society's law and government
breach of confidentiality
release of patient info without the patient's consent
-even to family
HIPAA
health insurance portability and accountability act
what documentation are nurses responsible for:
-observations of patient's subjective and objective physical, psychological, social responses to mental disorder and emotional problems
-interventions implemented
-evaluation of outcomes of interventions
other things nurses are response for assessing:
-side effects of meds
-therapeutic actions
-suicidal or homicidal tendencies
tort
civil wrong committed by one person that causes injury to another
assault
threat of unlawful force to inflict bodily injury upon another
medical battery
intentional and unauthorized harmful or offensive contact, occuring when a patient is treated without informed consent
-failure to respect patient's advance directives
false imprisionment
detention or imprisionment contrary to provision of the law
-facilities that will not discharge voluntarily committed patients
negligence
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
to prove negligence:
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
ways to prevent negative outcomes of malpractice litigation:
-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
internal rights protection system
Public Law, protects and advocates the rights of individuals with mental illness and investigates any incidences of abuse or neglect
(varies by state)
external advocacy system
organizations that operate outside of mental health facilities, advocate thru negotiation and recommendation
-can deny accreditation
accreditation
how mental health agencies are judged by established standards to provide quality of care
-necessary for 3rd party reimbursement
-ex-JCAHO