MHE: LEGAL AND ETHICAL Flashcards
(14 cards)
legalization: ethical principle - rights
Rights form the basis of most professional codes and legal judgements and consider ideas such as self-determination rights, rights and cultural relativism, the right to healthcare, and rights to privacy and confidentiality.
legalisation: ethical principle - autonomy
right to self-determination, independence, and freedom. respect for autonomy means that nurses recognize the individual’s uniqueness, the right to lead a life as the person wants to, and are able to set personal goals.
legalisation: ethical principle - beneficence and non-maleficence
beneficence means doing good. nurses should work towards actions that support and benefit clients and their family members.
non-maleficence means the duty to do no harm. the risks for the potential to cause harm is not always clear for example, harm may be caused by a nursing intervention that is implemented to be helpful.
legalisation: ethical principle - justice
Justice can also be considered as fairness. Nurses frequently face decisions in which a sense of justice should prevail. For example, a persona may be detained under a Mental Health Act but justice requires this to be the case only while that person is at risk to themselves or other people and unable to self-assess and manage their own risk.
legalisation: ethical principle - fidelity
be faithful to the agreements and responsibilities one has undertaken. Nurses have responsibilities to clients, employers, the government, society, the profession, and themselves. Circumstances often affect which responsibilities take procedure at a particular time.
legalisation: ethical principle - veracity
Telling the truth. As a nurse, should tell the truth when it is known that doing so will cause harm? This requires the nurse to follow through with clients when they have made commitments to spend time with them.
Why do nurses need knowledge about the Mental Health (Compulsory Assessment and Treatment) Act 1992 (MHA92)? How will you use this knowledge in your nursing practice?
to know how to properly engage and treat individuals experiencing a mental illness. The proper legalisation for mental health. I will do this by studying the Mental Health Act 1992
Section 30 MHA92
Every inpatient order shall require the patient’s continued detention in the hospital specified in the order, or (where the patient is detained at another hospital) the patient’s admission and detention in the hospital specified in the order, for the purposes of treatment, and shall require the patient to accept that treatment. If, at any time during the validity of the inpatient order, the responsible clinician believes that the patient can be adequately treated as an outpatient, that clinician shall, by written notice, (a) direct that the patient be discharged from the hospital; and (b) direct the patient to attend for treatment at the patient’s place of residence or at some other location nominated in the notice;
Section 8 MHA92
Anyone who believes that a person may be suffering from a mental disorder may at any time fill out an application form asking the Director of Area Mental Health Services for an assessment of the person.
- The person who fills out the application form is called the applicant; and
- The person who is the subject of the application is called the person.
Section 16 MHA92
Judges review. At any stage during the first (Section 11) and second (Section 13) periods of assessment and treatment, an application may be made to the Court for a review of the client’s status. The judge will consider all reports, clients and others involved in client care in order to determine if the person subject to the Act must stay on the Act or can be released from it. A RN (usually case manager) is expected to write a second opinion report for this hearing and accompany the client.
Section 2 MHA92
clinician means a person who holds a professional qualification relevant to the assessment, treatment, and care of patients with mental disorder.
court means: the District Court; or as the case may be, the Court Martial of New Zealand
first period means the first period of assessment and treatment, which is a period that begins with the date on which the patient receives a notice under section 11(1); and
that ends when 5 clear days have passed after that date
fit to be released from compulsory status, in relation to a patient, means no longer mentally disordered and fit to be released from the requirement of assessment or treatment under this Act
nurse means a health practitioner who is, or is deemed to be, registered with the Nursing Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of nursing whose scope of practice permits the performance of nursing functions
Section 4 MHA92
Exclusions: The Act cannot be invoked solely by reason of the person’s:
* Political, religious, or personal beliefs
* That person’s sexual preferences
* That person’s criminal or delinquent behavior
* Substance abuse
* Intellectual Disability
When using the Mental Health (Compulsory Assessment and Treatment) Act 1992, clinicians are placed in a very powerful position and must consider ethical implications associated with potential loss of autonomy and perceptions of coercion. Someone placed under the MHA92 is required to undergo compulsory assessment and treatment. People subject to this legislation are usually very unwell and have lost their ability to make sound decisions (diminished capacity). This can induce feelings of powerlessness and confusion. Considering these factors answer the following questions.
Q2.4 How could a nurse help to minimise feelings of powerlessness for people committed under the Act?
asking if they would like to do simple tasks; for example, “would you like to go on a walk later today?”
Q2.5 Can we put someone under the Act who is refusing to take their medication for a physical condition? Explain your answer.
no because it is not a mental health problem????
