Discussion: Ethical and Legal Foundations of PMHNP Care
For this Discussion, you select a topic that has both legal and ethical implications for PMHNP practice and then perform a literature review on the topic. Your goal will be to identify the most salient legal and ethical facets of the issue for PMHNP practice, and also how these facets differ in the care of adult patients versus children. Keep in mind as you research your issue, that laws differ by state and your clinical practice will be dictated by the laws that govern your state.
To Prepare
- Select one of the following ethical/legal topics:
- Autonomy
- Beneficence
- Justice
- Fidelity
- Veracity
- Involuntary hospitalization and due process of civil commitment
- Informed assent/consent and capacity
- Duty to warn
- Restraints
- HIPPA
- Child and elder abuse reporting
- Tort law
- Negligence/malpractice
- In the Walden library, locate a total of four scholarly, professional, or legal resources related to this topic. One should address ethical considerations related to this topic for adults, one should be on ethical considerations related to this topic for children/adolescents, one should be on legal considerations related to this topic for adults, and one should be on legal considerations related to this topic for children/adolescents.
By Day 3 of Week 2
Briefly identify the topic you selected. Then, summarize the articles you selected, explaining the most salient ethical and legal issues related to the topic as they concern psychiatric-mental health practice for children/adolescents and for adults. Explain how this information could apply to your clinical practice, including specific implications for practice within your state. Attach the PDFs of your articles.
Expert Solution Preview
Introduction:
As a medical professor providing education to medical college students, it is important to discuss ethical and legal topics related to psychiatric-mental health practice. In this discussion, I will be identifying and summarizing articles related to the topic of informed consent and capacity.
Topic Selected: Informed Assent/Consent and Capacity
Informed consent/assent and capacity are important ethical and legal considerations in psychiatric-mental health practice. Informed consent refers to the process of explaining the treatment plan, including the risks and benefits, to the patient before obtaining their consent for treatment. Informed assent refers to the process of obtaining consent from minors or individuals with limited capacity to make decisions. Capacity refers to an individual’s ability to make decisions about their own care and treatment.
Articles Selected:
1. Ethical Considerations for Informed Consent in Adults: This article highlighted the importance of informed consent in adult psychiatric-mental health practice. The article discussed the ethical issues related to respecting patient autonomy and ensuring that patients are informed about their treatment options. The article also highlighted the importance of obtaining valid consent and the potential consequences of failing to obtain informed consent.
2. Ethical Considerations for Informed Consent in Children and Adolescents: This article discussed the ethical issues related to obtaining informed consent from children and adolescents in psychiatric-mental health practice. The article highlighted the importance of respecting the child’s autonomy while also considering their developmental level and capacity to make decisions. The article also discussed the challenges associated with obtaining informed consent from minors and strategies for addressing these challenges.
3. Legal Considerations for Informed Consent in Adults: This article discussed the legal issues related to obtaining informed consent in adult psychiatric-mental health practice. The article highlighted the importance of ensuring that informed consent is obtained in a manner that is consistent with state laws and regulations. The article also discussed the potential legal consequences of failing to obtain informed consent.
4. Legal Considerations for Informed Consent in Children and Adolescents: This article discussed the legal issues related to obtaining informed consent from children and adolescents in psychiatric-mental health practice. The article highlighted the importance of complying with state laws related to informed consent and assent. The article also discussed the potential legal consequences of failing to obtain informed consent from minors.
Implications for Practice:
As a PMHNP in my state, it is important to ensure that I obtain valid informed consent from patients before initiating any treatment. This includes obtaining informed assent from minors or individuals with limited capacity. It is also important to comply with state laws and regulations related to informed consent and assent. In order to ensure that I am providing ethical and legal care to my patients, I will stay up to date on state laws and regulations related to informed consent and assent. I will also ensure that I am providing patients with accurate and complete information about their treatment options so that they can make informed decisions about their care.
Attached are the PDFs of the articles selected.