Legal and Ethical Issues Related to Psychiatric Emergencies NRNP 6675 Week 8 Assignment Example 2 Legal and Ethical Issues Related to Psychiatric Emergencies
The laws make exceptions that if the above procedures are not present, a peace officer can take the person into custody if they have a probable reason to. Anyone taken into custody through an emergency admission should not be detained for more than 24 hours, without considering the holidays and weekends following admission, unless an evaluation is filed through a court directive (LawServer, n.d.). If the decision made by the medical director in charge of evaluation is appropriate, the person can be released. A guardian of the patient can pick them up after discharge.
Emergency hospitalization for evaluation/psychiatric hold, inpatient commitment, and outpatient commitment
Emergency hospitalization for evaluation/psychiatric refers to a circumstance in which an individual is taken against their will to a hospital due to a mental health crisis and poses an urgent danger to themselves or others. It is often a short-term measure, lasting fewer than 24 hours, during which mental health specialists assess the subject to decide whether additional intervention is required.
The formal legal process of inpatient commitment entails placing a person under the care of a mental health care provider for an extended length of time, usually for treatment, observation, or stabilization. To do this, a judge must issue an order and hold a hearing at which evidence of the person’s mental illness and risk to themselves or others can be presented. Outpatient commitment permits authorities to enforce mental health care for people who may not need emergency hospitalization but pose a risk to themselves or others. Mental health professionals will monitor one’s progress following a court-ordered treatment plan that may include frequent therapy sessions, medication, and supervision.
Capacity and Competency
When discussing a person’s mental health, “capacity” refers to their ability to make informed choices about their care, treatment options, and legal issues. The assessment evaluates the candidate’s ability to comprehend significant information, consider potential outcomes, and articulate decisions (King et al., 2022). “Competency,” on the other hand, is a legal term that establishes whether a person can stand trial or otherwise take part in a legal action (King et al., 2022). While capacity and competency refer to a person’s mental faculties, capacity is concerned with making decisions in a confined context, while competency is concerned with the person’s ability to understand and apply the law generally.
Confidentiality
Under the Health Insurance Portability and Accountability Act (HIPAA) privacy rule, treating psychiatric emergencies raises a legal concern regarding confidentiality. To safeguard the patient’s and the public’s safety, healthcare providers must balance keeping a patient’s sensitive mental health information confidential and sharing it with relevant parties like family members or law the authorities (Bani Issa et al., 2020). Finding this balance can be challenging since oversharing or hiding key facts can negatively affect care and intervention.
The ethical issue surrounding confidentiality in psychiatric emergencies revolves around patient autonomy and trust. Promoting a therapeutic connection and protecting patient autonomy necessitates strict adherence to patient confidentiality. Clinicians face ethical dilemmas when deciding whether or not to break patient confidentiality to prevent imminent danger to the patient or others. When faced with a mental emergency, healthcare personnel must keep the patient’s trust while acting ethically in information disclosure concerns.
Suicide risk assessment tool: The Ask Suicide-Screening Questions (ASQ) Tool
The Ask Suicide-Screening Questions (ASQ) tool is a quick and verified screening tool for kids and adults in medical settings. The Joint Commission has approved this quick and easy test that asks only four simple yes/no questions and takes about 20 seconds to complete. Healthcare providers can use the ASQ to better detect and evaluate patients at risk for suicide (National Institute of Mental Health, 2022). It is a vital resource for suicide prevention because of its reliability in identifying suicidal ideation in young people and adults receiving medical care.
Violence risk assessment tool: The Violence Assessment Tool
The Violence Assessment Tool is reliable in determining an individual’s potential for violent acts. It has widespread application