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Legal and Ethical Aspects of Nursing Practice Chapter 13.

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Presentation on theme: "Legal and Ethical Aspects of Nursing Practice Chapter 13."— Presentation transcript:

1 Legal and Ethical Aspects of Nursing Practice Chapter 13

2 Principles of Bioethics  Autonomy  Beneficence  Fidelity  Justice  Nonmaleficence  Veracity

3 Ethical GuidelinesEthical Guidelines  Standards for Psychiatric–Mental Health nursing practice published by ANA  ANA Code of Ethics

4 Ethical DilemmasEthical Dilemmas  The potential stigma of psychiatric diagnostic labels  Psychiatry’s right to control individual freedom  The justification for involuntary treatment  The use of restrictive treatment interventions  The client’s right to suicide  The client’s right to privacy

5 Stigma Associated with Diagnostic Labels  Stereotypes  Need for diagnostic labels  Nurse’s 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 AdmissionVoluntary Admission  Informed consent  Client retains all rights  Client has a right to demand and obtain release

8 Involuntary CommitmentInvoluntary Commitment  Hospitalization against one’s will  Criteria:  Dangerous to self (DTS)  Danger to others (DTO)  Gravely Disabled (Unable to provide for basic needs due to Mentally illness)

9 Involuntary CommitmentInvoluntary 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 Psychiatric–Mental 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 NegligenceDetermining Negligence

14 Common Sources of Liability in Psychiatric / Mental Health Services

15 Potential ProblemsPotential Problems  Poorly funded services  Stigma  Isolation  Denial of rights


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