Chapter 06: Legal and Ethical Guidelines for Safe Practice
Gina is admitted for treatment of depression with suicidal ideation triggered by marital discord. Her spouse visits one night and informs Gina that he has decided to file for divorce. The staff are aware of the visit and the husband's intentions regarding divorce, but take no further action, feeling that the q15-minute suicide checks Gina is already on are sufficient. Thirty minutes after the visit ends, staff make rounds and discover Gina has hanged herself in the bathroom, using hospital pajamas she has tied together into a rope. Which of the following statements best describes the situation. SELECT ALL THAT APPLY a. The nurses have created liability for themselves and their employer by failing in their duty to protect Gina. b. The nurses have breached their duty to reassess Gina for increased suicide risk after her husband's visit. c. Given Gina's history, the nurses should have expected an increased risk of suicide after the husband's announcement. d. The nurses correctly reasoned that suicides cannot always be prevented and did their best to keep Gina safe through checks every fifteen minutes. e. The nurses are subject to a tort of professional negligence for failing to prevent the suicide by increasing the suicide precautions in response to Gina's increased risk. f. Had the nurses restricted Gina's movements or increased their checks on her, the would have been liable for false imprisonment and invasion of privacy, respectfully.
A, B, C, E
A client is released from involuntary commitment by the judge, who orders that a caseworker supervise him for the next 6 months. This is an example of a. conditional discharge. b. outpatient commitment. c. voluntary follow-up. d. discretionary treatment.
A An unconditional discharge gives the client complete freedom to choose or reject follow-up care. A conditional discharge imposes a legal requirement for the client to submit to follow-up supervision. REF: Page 101
Which of the following patients may be an appropriate candidate for a release from hospitalization known as against medical advice (AMA)? a. 37-year-old patient hospitalized for 6 days; the provider feels one more day would benefit the patient, but the patient doesn't agree and wishes to be discharged b. 75-year-old patient with dementia who demands to be allowed to go back to his own home c. 21-year-old actively suicidal patient on the psychiatric unit who wants to be discharged to home and do outpatient counseling d. 32-year-old female patient who wishes to stay in the hospital but whose husband demands that she be discharged into his care
A Against medical advice discharges are sometimes used when the patient does not agree with the provider, as long as the patient is not a danger to himself or herself or to others. The patient with dementia and the patient who is actively suicidal would pose a safety risk and would be not allowed to be discharged AMA. A patient who wishes to stay in the hospital can make that decision; a family member's opinion doesn't impact an AMA discharge. Cognitive Level: Analyze (Analysis) Nursing Process: Implementation NCLEX: Safe and Effective Care Environment Text page: 101
The use of seclusion or restraint to control the behavior of a client who is at risk of harming self or others gives rise to conflict between the ethical principles of a. autonomy and beneficence. b. advocacy and confidentiality. c. veracity and fidelity. d. justice and humanism.
A Autonomy refers to self-determination and beneficence refers to doing good. When a client is restrained or secluded, the need to do good and prevent harm outweighs the client's autonomy. REF: Page 99
A nurse is adequately representing the stated bioethical principle when valuing a. autonomy by respecting a client's right to decide to refuse cancer treatment. b. justice by staying with a client who is suicidal. c. fidelity by informing the client about the negative side effects of a proposed treatment. d. beneficence when advocating for a client's right to enter into a clinical trial for a new medication.
A Autonomy refers to self-determination. Self-determination can be exercised when one makes his or her own decisions without interference from others. REF: Page 99
The charge nurse shares with the psychiatric technician that negligence of a patient a. is an act or failure to act in a way that a responsible employee would act. b. applies only when the client is abandoned or mistreated. c. is an action that puts the client in fear of being harmed by the employee. d. means the employee has given malicious false information about the client.
A Behaving as a wise and prudent person would act under the same circumstances is one way of judging whether the standard of care has been violated. Employers typically hope that staff will prevent clients from striking each other. REF: Page 107-108
Jonas is a 29-year-old patient with anxiety and a history of alcohol abuse who is an inpatient on the psychiatric unit. He becomes angry and aggressive, strikes another patient, and then attacks a staff member. He is taken to seclusion and medicated with haloperidol and lorazepam. In this case, the haloperidol and lorazepam may be considered: a. a restraint. b. a medication time-out. c. false imprisonment. d. malpractice.
A Chemical restraints are defined by those medications or doses of medication that are not being used for the patient's condition. Medication time-out is incorrect; false imprisonment and malpractice refer to specific legal terms that do not have any bearing on this medication scenario. Cognitive Level: Apply (Application) Nursing Process: Implementation NCLEX: Safe and Effective Care Environment Text page: 104
The civil rights of persons with mental illness who are hospitalized for treatment are a. the same as those for any other citizen. b. altered to prevent use of poor judgment. c. always ensured by appointment of a guardian. d. limited to provision of humane treatment.
A Civil rights are not lost because of hospitalization for mental illness. REF: 99-100
In the course of providing best psychiatric care for a client, the nurse must place greatest reliance on a. legal principles. b. ethical principles. c. independent judgment. d. institutional standards.
A Legal principles are fundamental to nursing practice. They supersede all other principles, standards, and judgments. All students are encouraged to become familiar with the important provisions of the laws in their own states regarding admissions, discharges, clients' rights, and informed consent. REF: 99-100
Which statement concerning the right to treatment in public psychiatric hospitals is accurate? a. Hospitalization without treatment violates the client's rights. b. Right to treatment extends only to provision of food, shelter, and safety. c. All clients have the right to choose a primary therapist and case manager. d. The right to treatment for hallucinations has priority over treatment for anxiety.
A Many years ago psychiatric clients were warehoused in large mental institutions, given custodial care, and rarely released into the community. As enlightenment occurred, it was determined that each client who is hospitalized has the right to receive treatment. REF: Page 101-102
Which ethical principle refers to the individual's right to make his or her own decisions? a. Beneficence b. Autonomy c. Veracity d. Fidelity
B Autonomy refers to self-determination, or the right to make one's own decisions. REF: 99
What ethical principle is supported when a nurse witnesses the informed consent for electroconvulsive therapy from a depressed client? a. Beneficence b. Autonomy c. Justice d. Fidelity
B Autonomy refers to self-determination. One way to exercise self-determination is to make decisions about one's care. REF: Page 99
A psychiatric nurse best applies the ethical principle of autonomy by: a. exploring alternative solutions with a patient, who then makes a choice. b. suggesting that two patients who were fighting be restricted to the unit. c. intervening when a self-mutilating patient attempts to harm self. d. staying with a patient demonstrating a high level of anxiety.
ANS:A Autonomy is the right to self-determination, that is, to make one's own decisions. By exploring alternatives with the patient, the patient is better equipped to make an informed, autonomous decision. The distracters demonstrate beneficence, fidelity, and justice. PTS:1 DIF: Cognitive Level: Apply (Application) REF: Page 99 TOP: Nursing Process: Evaluation MSC: Client Needs: Safe, Effective Care Environment
A patient in alcohol rehabilitation reveals to the nurse, "I feel terrible guilt for sexually abusing my 6-year-old before I was admitted. " Select the nurse's most important action. a. Anonymously report the abuse by phone to the local child protection agency. b. Reply, "I'm glad you feel comfortable talking to me about it." c. File a written report with the agency's ethics committee. d. Respect nurse-patient relationship confidentiality.
ANS:A Laws regarding child abuse reporting discovered by a professional during the suspected abuser's alcohol or drug treatment differ by state. Federal law supersedes state law and prohibits disclosure without a court order except in instances in which the report can be made anonymously or without identifying the abuser as a patient in an alcohol or drug treatment facility. PTS:1 DIF: Cognitive Level: Apply (Application) REF: Page 106-107 TOP: Nursing Process: Implementation MSC: Client Needs: Safe, Effective Care Environment
A nurse is concerned that an agency's policies are inadequate. Which understanding about the relationship between substandard institutional policies and individual nursing practice should guide nursing practice? a. Agency policies do not exempt an individual nurse of responsibility to practice according to professional standards of nursing care. b. Agency policies are the legal standard by which a professional nurse must act and therefore override other standards of care. c. Faced with substandard policies, a nurse has a responsibility to inform the supervisor and discontinue patient care immediately. d. Interpretation of policies by the judicial system is rendered on an individual basis and therefore cannot be predicted.
ANS:A Nurses are professionally bound to uphold standards of practice regardless of lesser standards established by a health care agency or a state. Conversely, if the agency standards are higher than standards of practice, the agency standards must be upheld. The courts may seek to establish the standard of care through the use of expert witnesses when the issue is clouded. PTS:1 DIF: Cognitive Level: Understand (Comprehension) REF: Page 108-109 TOP: Nursing Process: Planning MSC: Client Needs: Safe, Effective Care Environment
In order to release information to another health care facility or third party regarding a patient diagnosed with a mental illness, the nurse must obtain: a. a signed consent by the patient for release of information stating specific information to be released. b. a verbal consent for information release from the patient and the patient's guardian or next of kin. c. permission from members of the health care team who participate in treatment planning. d. approval from the attending psychiatrist to authorize the release of information.
ANS:A Nurses have an obligation to protect patients' privacy and confidentiality. Clinical information should not be released without the patient's signed consent for the release. PTS:1 DIF: Cognitive Level: Apply (Application) REF: Page 104-106 TOP: Nursing Process: Planning MSC: Client Needs: Safe, Effective Care Environment
A person in the community asks, "Why aren't people with mental illness kept in state institutions anymore?" Select the nurse's best response. a. "Less restrictive settings are available now to care for individuals with mental illness." b. "There are fewer persons with mental illness, so less hospital beds are needed. " c. "Most people with mental illness are still in psychiatric institutions." d. "Psychiatric institutions violated patients' rights."
ANS:A The community is a less restrictive alternative than hospitals for treatment of persons with mental illness. The distracters are incorrect and part of the stigma of mental illness. PTS:1 DIF: Cognitive Level: Apply (Application) REF: Page 100 TOP: Nursing Process: Implementation MSC: Client Needs: Safe, Effective Care Environment
Insurance will not pay for continued private hospitalization of a mentally ill patient. The family considers transferring the patient to a public hospital but expresses concern that the patient will not get any treatment if transferred. Select the nurse's most helpful reply. a. "By law, treatment must be provided. Hospitalization without treatment violates patients' rights." b. "All patients in public hospitals have the right to choose both a primary therapist and a primary nurse." c. "You have a justifiable concern because the right to treatment extends only to provision of food, shelter, and safety." d. "Much will depend on other patients, because the right to treatment for a psychotic patient takes precedence over the right to treatment of a patient who is stable."
ANS:A The right to medical and psychiatric treatment was conferred on all patients hospitalized in public mental hospitals with the enactment of the federal Hospitalization of Mentally Ill Act in1964. PTS:1 DIF: Cognitive Level: Understand (Comprehension) REF: Page 101-102 TOP: Nursing Process: Implementation MSC: Client Needs: Safe, Effective Care Environment
Select the example of a tort. a. The plan of care for a patient is not completed within 24 hours of the patient's admission. b. A nurse gives a PRN dose of an antipsychotic drug to an agitated patient because the unit is short-staffed. c. An advanced practice nurse recommends hospitalization for a patient who is dangerous to self and others. d. A patient's admission status changed from involuntary to voluntary after the patient's hallucinations subside.
ANS:B A tort is a civil wrong against a person that violates his or her rights. Giving unnecessary medication for the convenience of staff controls behavior in a manner similar to secluding a patient; thus, false imprisonment is a possible charge. The other options do not exemplify torts. PTS:1 DIF: Cognitive Level: Understand (Comprehension) REF: Page 108-109 TOP: Nursing Process: Evaluation MSC: Client Needs: Safe, Effective Care Environment
An adolescent hospitalized after a violent physical outburst tells the nurse, "I'm going to kill my father, but you can't tell anyone." Select the nurse's best response. a. "You are right. Federal law requires me to keep clinical information private." b. "I am obligated to share that information with the treatment team." c. "Those kinds of thoughts will make your hospitalization longer." d. "You should share this thought with your psychiatrist."
ANS:B Breach of nurse-patient confidentiality does not pose a legal dilemma for nurses in these circumstances because a team approach to delivery of psychiatric care presumes communication of patient information to other staff members to develop treatment plans and outcome criteria. The patient should also know that the team has a duty to warn the father of the risk for harm. PTS:1 DIF: Cognitive Level: Apply (Application) REF: Page 104-106 TOP: Nursing Process: Implementation MSC: Client Needs: Safe, Effective Care Environment
Which nursing intervention demonstrates false imprisonment? a. A confused and combative patient says, "I'm getting out of here, and no one can stop me." The nurse restrains this patient without a health care provider's order and then promptly obtains an order. b. A patient has been irritating and attention-seeking much of the day. A nurse escorts the patient down the hall saying, "Stay in your room, or you'll be put in seclusion." c. An involuntarily hospitalized patient with suicidal ideation runs out of the psychiatric unit. The nurse rushes after the patient and convinces the patient to return to the unit. d. An involuntarily hospitalized patient with homicidal ideation attempts to leave the facility. A nurse calls the security team and uses established protocols to prevent the patient from leaving.
ANS:B False imprisonment involves holding a competent person against his or her will. Actual force is not a requirement of false imprisonment. The individual needs only to be placed in fear of imprisonment by someone who has the ability to carry out the threat. If a patient is not competent (confused), then the nurse should act with beneficence. Patients admitted involuntarily should not be allowed to leave without permission of the treatment team. PTS:1 DIF: Cognitive Level: Apply (Application) REF: Page 106 (Box 6-3) | Page 108 | Page 109 (Box 6-4) TOP: Nursing Process: Evaluation MSC: Client Needs: Safe, Effective Care Environment
A patient diagnosed with schizophrenia believes a local minister stirred evil spirits. The patient threatens to bomb a local church. The psychiatrist notifies the minister. Select the answer with the correct rationale. The psychiatrist: a. released information without proper authorization. b. demonstrated the duty to warn and protect. c. violated the patient's confidentiality. d. avoided charges of malpractice.
ANS:B It is the health care professional's duty to warn or notify an intended victim after a threat of harm has been made. Informing a potential victim of a threat is a legal responsibility of the health care professional. It is not a violation of confidentiality. PTS:1 DIF: Cognitive Level: Understand (Comprehension) REF: Page 108-110 TOP: Nursing Process: Implementation MSC: Client Needs: Safe, Effective Care Environment
Two hospitalized patients fight whenever they are together. During a team meeting, a nurse asserts that safety is of paramount importance, so treatment plans should call for both patients to be secluded to keep them from injuring each other. This assertion: a. reinforces the autonomy of the two patients. b. violates the civil rights of both patients. c. represents the intentional tort of battery. d. correctly places emphasis on safety.
ANS:B Patients have a right to treatment in the least restrictive setting. Safety is important, but less restrictive measures should be tried first. Unnecessary seclusion may result in a charge of false imprisonment. Seclusion violates the patient's autonomy. The principle by which the nurse is motivated is beneficence, not justice. The tort represented is false imprisonment. PTS:1 DIF: Cognitive Level: Apply (Application) REF: Page 100 | Page 103-104 TOP: Nursing Process: Planning MSC: Client Needs: Safe, Effective Care Environment
A patient experiencing psychosis asks a psychiatric technician, "What's the matter with me?" The technician replies, "Nothing is wrong with you. You just need to use some self-control." The nurse who overheard the exchange should take action based on: a. the technician's unauthorized disclosure of confidential clinical information. b. violation of the patient's right to be treated with dignity and respect. c. the nurse's obligation to report caregiver negligence. d. the patient's right to social interaction.
ANS:B Patients have the right to be treated with dignity and respect. The technician's comment disregards the seriousness of the patient's illness. The Code of Ethics for Nurses requires intervention. Patient emotional abuse has been demonstrated, not negligence. An interaction with the technician is not an aspect of social interaction. The technician did not disclose clinical information. PTS:1 DIF: Cognitive Level: Understand (Comprehension) REF: Page 105 (Box 6-2) TOP: Nursing Process: Evaluation MSC: Client Needs: Psychosocial Integrity
A nurse prepares to administer a scheduled injection of haloperidol decanoate (Haldol depot) to an outpatient with schizophrenia. As the nurse swabs the site, the patient shouts, "Stop! I don't want to take that medicine anymore. I hate the side effects." Select the nurse's best action. a. Assemble other staff for a show of force and proceed with the injection, using restraint if necessary. b. Stop the medication administration procedure and say to the patient, "Tell me more about the side effects you've been having." c. Proceed with the injection but explain to the patient that there are medications thatwill help reduce the unpleasant side effects. d. Say to the patient, "Since I've already drawn the medication in the syringe, I'm required to give it, but let's talk to the doctor about delaying next month's dose."
ANS:B Patients with mental illness retain their civil rights unless there is clear, cogent, and convincing evidence of dangerousness. The patient in this situation presents no evidence of dangerousness. The nurse, as an advocate and educator, should seek more information about the patient's decision and not force the medication. PTS:1 DIF: Cognitive Level: Apply (Application) REF: Page 99-100 | Page 102-103 TOP: Nursing Process: Implementation MSC: Client Needs: Safe, Effective Care Environment
Which action by a nurse constitutes a breach of a patient's right to privacy? a. Documenting the patient's daily behavior during hospitalization b. Releasing information to the patient's employer without consent c. Discussing the patient's history with other staff during care planning d. Asking family to share information about a patient's pre-hospitalization behavior
ANS:B Release of information without patient authorization violates the patient's right to privacy. The other options are acceptable nursing practices. See relationship to audience response question. PTS:1 DIF: Cognitive Level: Apply (Application) REF: Page 104-106 TOP: Nursing Process: Evaluation MSC: Client Needs: Safe, Effective Care Environment
A nurse finds a psychiatric advance directive in the medical record of a patient experiencing psychosis. The directive was executed during a period when the patient was stable and competent. The nurse should: a. review the directive with the patient to ensure it is current. b. ensure that the directive is respected in treatment planning. c. consider the directive only if there is a cardiac or respiratory arrest. d. encourage the patient to revise the directive in light of the current health problem.
ANS:B The nurse has an obligation to honor the right to self-determination. An advanced psychiatric directive supports that goal. Since the patient is currently psychotic, the terms of the directive now apply. PTS:1 DIF: Cognitive Level: Apply (Application) REF: Page 103-104 TOP: Nursing Process: Implementation MSC: Client Needs: Safe, Effective Care Environment
An aide in a psychiatric hospital says to the nurse, "We don't have time every day to help each patient complete a menu selection. Let's tell dietary to prepare popular choices and send them to our unit." Select the nurse's best response. a. "Thanks for the suggestion, but that idea may not work because so many patients take MAOI (monoamine oxidase inhibitor) antidepressants." b. "Thanks for the idea, but it's important to treat patients as individuals. Giving choices is one way we can respect patients' individuality." c. "Thank you for the suggestion, but the patients' bill of rights requires us to allow patients to select their own diet." d. "Thank you. That is a very good idea. It will make meal preparation easier for the dietary department."
ANS:B The nurse's response to the aide should recognize patients' rights to be treated with dignity and respect as well as promote autonomy. This response also shows respect for the aide and fulfills the nurse's obligation to provide supervision of unlicensed personnel. The incorrect responses have flawed rationale or do not respect patients as individuals. PTS:1 DIF: Cognitive Level: Analyze (Analysis) REF: Page 99 | Page 105 (Box 6-2) TOP: Nursing Process: Implementation MSC: Client Needs: Safe, Effective Care Environment
A voluntarily hospitalized patient tells the nurse, "Get me the forms for discharge. I want to leave now." Select the nurse's best response. a. "I will get the forms for you right now and bring them to your room." b. "Since you signed your consent for treatment, you may leave if you desire." c. "I will get them for you, but let's talk about your decision to leave treatment." d. "I cannot give you those forms without your health care provider's permission."
ANS:C A voluntarily admitted patient has the right to demand and obtain release in most states. However, as a patient advocate, the nurse is responsible for weighing factors related to the patient's wishes and best interests. By asking for information, the nurse may be able to help the patient reconsider the decision. Facilitating discharge without consent is not in the patient's best interests before exploring the reason for the request. PTS:1 DIF: Cognitive Level: Apply (Application) REF: Page 100-101 | Page 109 (Box 6-4) TOP: Nursing Process: Implementation MSC: Client Needs: Safe, Effective Care Environment
After leaving work, a nurse realizes documentation of administration of a PRN medication was omitted. This off-duty nurse phones the nurse on duty and says, "Please document administration of the medication for me. My password is alpha1." The nurse receiving the call should: a. fulfill the request promptly. b. document the caller's password. c. refer the matter to the charge nurse to resolve. d. report the request to the patient's health care provider.
ANS:C Fraudulent documentation may be grounds for discipline by the state board of nursing. Referring the matter to the charge nurse will allow observance of hospital policy while ensring that documentation occurs. Notifying the health care provider would be unnecessary when the charge nurse can resolve the problem. Nurses should not provide passwords to others. PTS:1 DIF: Cognitive Level: Apply (Application) REF: Page 110-112 TOP: Nursing Process: Implementation MSC: Client Needs: Safe, Effective Care Environment
Which individual diagnosed with a mental illness may need involuntary hospitalization? An individual: a. who has a panic attack after her child gets lost in a shopping mall b. with visions of demons emerging from cemetery plots throughout the community c. who takes 38 acetaminophen tablets after the person's stock portfolio becomes worthless d. diagnosed with major depression who stops taking prescribed antidepressant medication
ANS:C Involuntary hospitalization protects patients who are dangerous to themselves or others and cannot care for their own basic needs. Involuntary hospitalization also protects other individuals in society. An overdose of acetaminophen indicates dangerousness to self. The behaviors described in the other options are not sufficient to require involuntary hospitalization. PTS:1 DIF: Cognitive Level: Apply (Application) REF: Page 100-101 TOP: Nursing Process: Assessment MSC: Client Needs: Safe, Effective Care Environment
A new antidepressant is prescribed for an elderly patient with major depression, but the dose is more than the usual geriatric dose. The nurse should: a. consult a reliable drug reference. b. teach the patient about possible side effects and adverse effects. c. withhold the medication and confer with the health care provider. d. encourage the patient to increase oral fluids to reduce drug concentration.
ANS:C The dose of antidepressants for elderly patients is often less than the usual adult dose. The nurse should withhold the medication and consult the health care provider who wrote the order. The nurse's duty is to practice according to professional standards as well as intervene and protect the patient. PTS:1 DIF: Cognitive Level: Apply (Application) REF: Page 108-110 TOP: Nursing Process: Implementation MSC: Clint Needs: Safe, Effective Care Environment
In which situations would a nurse have the duty to intervene and report? Select all that apply. a. A peer has difficulty writing measurable outcomes. b. A health care provider gives a telephone order for medication. c. A peer tries to provide patient care in an alcohol-impaired state. d. A team member violates relationship boundaries with a patient. e. A patient refuses medication prescribed by a licensed health care provider.
ANS:C, D Both keyed answers are events that jeopardize patient safety. The distracters describe situations that may be resolved with education or that are acceptable practices. PTS:1 DIF: Cognitive Level: Apply (Application) REF: Page 105 (Box 6-2) | Page 108-109 TOP: Nursing Process: Evaluation MSC: Client Needs: Safe, Effective Care Environment
Which actions violate the civil rights of a psychiatric patient? The nurse: (select all that apply) a. performs mouth checks after overhearing a patient say, "I've been spitting out my medication." b. begins suicide precautions before a patient is assessed by the health care provider. c. opens and reads a letter a patient left at the nurse's station to be mailed. d. places a patient's expensive watch in the hospital business office safe. e. restrains a patient who uses profanity when speaking to the nurse.
ANS:C, E
A newly admitted acutely psychotic patient is a private patient of the medical director and a private-pay patient. To whom does the psychiatric nurse assigned to the patient owe the duty of care? a. Medical director c. Profession b. Hospital d. Patient
ANS:D Although the nurse is accountable to the health care provider, the agency, the patient, and the profession, the duty of care is owed to the patient. PTS:1 DIF: Cognitive Level: Understand (Comprehension) REF: Page 108 TOP: Nursing Process: Implementation MSC: Client Needs: Safe, Effective Care Environment
What is the legal significance of a nurse's action when a patient verbally refuses medication and the nurse gives the medication over the patient's objection? The nurse: a. has been negligent. c. fulfilled the standard of care. b. committed malpractice. d. can be charged with battery.
ANS:D Battery is an intentional tort in which one individual violates the rights of another through touching without consent. Forcing a patient to take medication after the medication was refused constitutes battery. The charge of battery can be brought against the nurse. The medication may not necessarily harm the patient; harm is a component of malpractice. PTS:1 DIF: Cognitive Level: Understand (Comprehension) REF: Page 108-109 TOP: Nursing Process: Evaluation MSC: Client Needs: Safe, Effective Care Environment
A family member of a patient with delusions of persecution asks the nurse, "Are there any circumstances under which the treatment team is justified in violating a patient's right to confidentiality?" The nurse should reply that confidentiality may be breached: a. under no circumstances. b. at the discretion of the psychiatrist. c. when questions are asked by law enforcement. d. if the patient threatens the life of another person.
ANS:D The duty to warn a person whose life has been threatened by a psychiatric patient overrides the patient's right to confidentiality. The right to confidentiality is not suspended at the discretion of the therapist or for legal investigations. PTS:1 DIF: Cognitive Level: Understand (Comprehension) REF: Page 106 TOP: Nursing Process: Implementation MSC: Client Needs: Safe, Effective Care Environment
A patient with psychosis became aggressive, struck another patient, and required seclusion. Select the best documentation. a. Patient struck another patient who attempted to leave day room to go to bathroom. Seclusion necessary at 1415. Plan: Maintain seclusion for 8 hours and keep these two patients away from each other for 24 hours. b. Seclusion ordered by physician at 1415 after command hallucinations told the patient to hit another patient. Careful monitoring of patient maintained during period of seclusion. c. Seclusion ordered by MD for aggressive behavior. Begun at 1415. Maintained for 2 hours without incident. Outcome: Patient calmer and apologized for outburst. d. Patient pacing, shouting. Haloperidol 5 mg given PO at 1300. No effect by 1315. At 1415 patient yelled, "I'll punch anyone who gets near me," and struck another patient with fist. Physically placed in seclusion at 1420. Seclusion order obtained from MD at 1430.
ANS:D Documentation must be specific and detail the key aspects of care. It should demonstrate implementation of the least restrictive alternative. Justification for why a patient was secluded should be recorded, along with interventions attempted in an effort to avoid seclusion. Documentation should include a description of behavior and verbalizations, interventions tried and their outcomes, and the name of the health care provider ordering the use of seclusion. PTS:1 DIF: Cognitive Level: Apply (Application) REF: Page 103-104 | Page 110-112 TOP: Nursing Process: Implementation MSC: Client Needs: Safe, Effective Care Environment
Which patient meets criteria for involuntary hospitalization for psychiatric treatment? The patient who: a. is noncompliant with the treatment regimen. b. fraudulently files for bankruptcy. c. sold and distributed illegal drugs. d. threatens to harm self and others.
ANS:D Involuntary hospitalization protects patients who are dangerous to themselves or others and cannot care for their own basic needs. Involuntary commitment also protects other individuals in society. The behaviors described in the other options are not sufficient to require involuntary hospitalization. PTS:1 DIF: Cognitive Level: Understand (Comprehension) REF: Page 100-101 TOP: Nursing Process: Assessment MSC: Client Needs: Safe, Effective Care Environment
Which documentation of a patient's behavior best demonstrates a nurse's observations? a. Isolates self from others. Frequently fell asleep during group. Vital signs stable. b. Calmer; more cooperative. Participated actively in group. No evidence of psychotic thinking. c. Appeared to hallucinate. Frequently increased volume on television, causing conflict with others. d. Wore four layers of clothing. States, "I need protection from evil bacteria trying to pierce my skin."
ANS:D The documentation states specific observations of the patient's appearance and the exact statements made. The other options are vague or subjective statements and can be interpreted in different ways. PTS:1 DIF: Cognitive Level: Apply (Application) REF: Page 110-112 TOP: Nursing Process: Implementation MSC: Client Needs: Safe, Effective Care Environment
In a team meeting a nurse says, "I'm concerned about whether we are behaving ethically by using restraint to prevent one patient from self-mutilation, while the care plan for another self-mutilating patient requires one-on-one supervision." Which ethical principle most clearly applies to this situation? a. Beneficence c. Fidelity b. Autonomy d. Justice
ANS:D The nurse is concerned about justice, that is, fair distribution of care, which includes treatment with the least restrictive methods for both patients. Beneficence means promoting the good of others. Autonomy is the right to make one's own decisions. Fidelity is the observance of loyalty and commitment to the patient. PTS:1 DIF: Cognitive Level: Understand (Comprehension) REF: Page 99-100 | Page 103-104 TOP: Nursing Process: Planning MSC: Client Needs: Safe, Effective Care Environment
Which individual with mental illness may need emergency or involuntary admission? The individual who: a. resumes using heroin while still taking naltrexone (ReVia). b. reports hearing angels playing harps during thunderstorms. c. does not keep an outpatient appointment with the mental health nurse. d. throws a heavy plate at a waiter at the direction of command hallucinations.
ANS:D Throwing a heavy plate is likely to harm the waiter and is evidence of dangerousness to others. This behavior meets the criteria for emergency or involuntary hospitalization for mental illness. The behaviors in the other options evidence mental illness but not dangerousness. See related audience response question. PTS:1 DIF: Cognitive Level: Analyze (Analysis) REF: Page 100-101 TOP: Nursing Process: Implementation MSC: client Needs: Safe, Effective Care Environment
Brian, a patient with schizophrenia, has been order an antipsychotic medication. The medication will likely benefit him, but there are side effects; in a small percentage of patients, it may cause a dangerous side effect. After medication teaching, Brian is unable to identify side effects and responds, "I won't have any side effects because I am iron and cannot be killed." Which response would be most appropriate under these circumstances? a. Administer the medication because Brian has made a decision to take the medication, and care should be patient centered. b. Petition the court to appoint a guardian as a substitute for Brian, as he is unable to comprehend the proposed treatment. c. Administer the medication because Brian's need for treatment is the clear priority. d. Withhold the medication until Brian is able to identify the benefits and risks of both consenting and refusing consent to the medications.
B
Sophie, aged 27 years, has a diagnosis of paranoid schizophrenia. She stopped taking her medications and believes that she is to be taken by the aliens to live with them on another planet. She was observed walking through traffic on a busy road, and then was found climbing the railing on a bridge, to "be ready for them to take me in their ship." Sophie is hospitalized. During your shift she begins running up and down the halls, banging her head on the walls, and yelling, "Get them out of my head!" On what basis can Sophie be medicated against her will? a. If Sophie has taken the medication in the past and has had no adverse effects b. If Sophie may cause imminent harm to herself or others c. If Sophie still has the capacity to make an informed decision regarding medication d. If Sophie is provided education regarding the medication before administration of the medication
B A patient may be medicated against his or her will without a court hearing in an emergency if the patient poses a danger to himself or herself or to others. The other options are not legally valid reasons to give medication against a patient's will. Cognitive Level: Apply (Application) Nursing Process: Implementation NCLEX: Safe and Effective Care Environment Text page: 103
A client who presents no danger to himself or to others is forced to take medication against his will. This situation represents a. assault. b. battery. c. defamation. d. invasion of privacy.
B Battery is the harmful, nonconsensual touching of another person. Forceful administration of medication constitutes battery. REF: 107; Table 6-3
You are working on an inpatient psychiatric unit and caring for Elizabeth, who is becoming agitated. You speak with Elizabeth one to one in a private setting, find out the reason for the agitation, and then assist Elizabeth with ways to calm down, possibly including prn medication to prevent further escalation of Elizabeth's agitation, which could lead to seclusion and/or restraints. You are making care decisions based on: a. writ of habeas corpus. b. least restrictive alternative doctrine. c. veracity. d. bioethics.
B Least restrictive alternative doctrine is described as using the least drastic means of achieving a specific goal. By doing the actions described you are possibly preventing the more restrictive setting of seclusion and/or restraints. Writ of habeas corpus is a legal term meaning a written order "to free the person." Veracity is one of the five ethical principles or guidelines. Bioethics refers to ethics in a health care setting. Cognitive Level: Apply (Application) Nursing Process: Implementation NCLEX: Safe and Effective Care Environment Text page: 100 Awarded 0.0 points out of 1.0 possible points.
A nurse makes a post on a social media page about his peer taking care of a patient with a crime-related gunshot wound during his shift in the emergency department. He does not use the name of the patient. It can be concluded that: a. the nurse has not violated confidentiality laws because he did not use the patient's name. b. the nurse cannot be held liable for violating confidentiality laws because he was not the primary nurse for the patient. c. the nurse has violated confidentiality laws and can be held liable d. the nurse cannot be held liable because posting on a social media site are excluded from confidentiality laws.
C
If a client with psychiatric illness is determined to be incompetent to make decisions affecting his care a. Staff members are required to use their best judgment when defining care. b. No treatment other than custodial care can be provided. c. The court appoints a guardian to make decisions on his behalf. d. The doctrine of least restrictive alternative is null and void.
C An incompetent client is unable to make legal decisions that would affect his care, such as consenting to surgery. A court-appointed guardian functions on behalf of the client. REF: 103-104
Which right of the client has been violated if he is medicated without being asked for his permission? a. Right to dignity and respect b. Right to treatment c. Right to informed consent d. Right to refuse treatment
C Before being given medication, the client should be fully informed about the reason for, the expected outcomes of, and any side effects of the medication. The client has the right to refuse medication. If, in a nonemergency situation, he is given medication after refusing it, his right to informed consent has been violated. REF: 100, 103-104
After the death of a client, what rule of confidentiality should be followed by nurses who provided care for the individual? a. Confidentiality is now reserved to the immediate family. b. Only HIV status continues to be protected and privileged. c. Nothing may be disclosed that would have been kept confidential before death. d. The nurse must confer with the next of kin before divulging confidential, sensitive information.
C Confidentiality extends to death and beyond. Nurses should never disclose information after the death of a client that they would have kept confidential while the client was alive.
Which of the following scenarios describe a HIPAA violation? a. Janie, the ED nurse, gives report to Amanda, a nurse on the intensive care unit, regarding Joel, who is being admitted. b. Mark, a nurse on the medical-surgical floor, calls his patient's primary care provider to obtain a list of current medications. c. Lyla, a nurse on the cardiac unit, gives report to Chloe, the nurse on the step-down unit, regarding the patient Lyla, who will be transferring, while they are walking in the hospital hallway. d. Tony, a nurse on the psychiatric unit, gives discharge information to the counseling office where his patient will be going to outpatient treatment after discharge.
C Discussing a patient's information in public places where it may be overheard is a violation of a patient's confidentiality. The other options describe appropriate interactions for patient continuity of care and support of the treatment plan by the health care team. Cognitive Level: Apply (Application) Nursing Process: Implementation NCLEX: Safe and Effective Care Environment Text page: 105
The intervention that will be most effective in preventing a nurse from making decisions that will lead to legal difficulties is a. asking a peer to review nursing intervention related decisions. b. balancing the rights of the client and the rights of society. c. maintaining currency in state laws affecting nursing practice. d. seeking value clarification about fundamental ethical principles.
C Each nurse's practice is governed by the Nurse Practice Act of the state in which the nurse practices. The nurse should always be aware of its provisions. REF: 108-109
If a client is placed in seclusion and held there for 24 hours without a written order or examination by a physician, the client has experienced a. battery. b. defamation of character. c. false imprisonment. d. assault.
C False imprisonment is the arbitrary holding of a client against his or her will. When seclusion is ordered, it is not invoked arbitrarily, but after other less restrictive measures have failed. If the client is secluded without the medical order, the measure cannot be proven as instituted for medically sound reasons. REF: Page 107-108 (Table 6-3)
If a nurse is charged with leaving a suicidal client unattended, it is being suggested that the nurse's behavior has violated the ethical principle of a. autonomy. b. veracity. c. fidelity. d. justice.
C Fidelity refers to being "true" or faithful to one's obligations to the client. Client abandonment would be a violation of fidelity. REF: 99
When the nurse reads the medical record and learns that a client has agreed to receive treatment and abide by hospital rules, the correct assumption is that the client was admitted a. per legal requirements. b. for a non-emergency. c. voluntarily. d. involuntarily.
C Voluntary admission occurs when the client is willing to be admitted and agrees to comply with hospital and unit rules. REF: Page 100-101
A family who is worried that an adult female might hurt herself asks for her to be admitted to the hospital. An assessment indicates moderate depression with no risk factors for suicide other than a depressed mood. The patient denies any intent or thoughts about self-harm. The family agrees that the patient has not done or said anything to suggest that she might be a danger to herself. Which of the following responses is consistent with concept of "least restrictive alternative" doctrine? a. Admit the patient as a temporary inpatient admission. b. Persuade the patient to agree to a voluntary inpatient admission. c. Admit the patient involuntarily to an inpatient mental health treatment unit. d. Arrange for an outpatient counseling appointment the next day.
D
David has an overnight pass, and he plans to spend his time with his sister and her family. As you meet with the patient and his sister just prior to the pass, the sister mentions that she has missed her brother and needs him to babysit. You notice that the patient becomes visibly agitated when she says this. How do you balance safety and the patient's right to confidentiality? a. Cancel the pass without explanation to the sister, and reschedule it for a time when babysitting would not be required of the patient. b. Suggest that the sister make other arrangements for childcare, but withhold the information the patient shared regarding his concerns about harming children. c. Speak with the patient about the safety risk involved with babysitting, seeking his permission to share this information and advising against the pass if he declines to share the information. d. Meet with the patient's sister, sharing with her the patient's previous disclosure about his anger toward children and the resultant risk that his babysitting would present.
D
What assumption can be made about the client who has been admitted on an involuntary basis? a. The client can be discharged from the unit on demand. b. For the first 48 hours, the client can be given medication over objection. c. The client has agreed to fully participate in treatment and care planning. d. The client is a danger to self or others or unable to meet basic needs.
D Involuntary admission implies that the client did not consent to the admission. The usual reasons for admitting a client over his or her objection is if the client presents a clear danger to self or others or is unable to meet even basic needs independently. REF: Page 100-101
A client reports to the nurse that once he's released he will make sure his wife will never again be able to have him committed to a psychiatric hospital. What action should the nurse take? a. None, because no explicit threat has been made. b. Ask the client if he is threathening his wife. c. Call the client's wife and report the threat. d. Report the incident to the client's therapist and document.
D The Tarasoff ruling makes it necessary for nurses to report client statements that imply the client may harm another person or persons. The nurse reports to the treatment team, and the mandated reporter (usually the professional leader of the team) is responsible for notifying the person against whom the threat was made. REF: Page 106-107
Which statement is true regarding mail sent to an involuntarily admitted client residing on a psychiatric inpatient unit? a. The client can receive mail from only family and legal sources. b. Mail must first be opened and inspected by staff. c. Receipt of mail is considered a privilege accorded the client for compliance. d. Mail is a form of social interaction and so receiving mail is a client's civil right.
D The client's civil rights are intact, despite hospitalization. The right to communicate with those outside the hospital is ensured. REF: 103-104
