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Psychiatric Management 1| NUR 620

 Legal Aspects of Psychiatry and the Role of the Psychiatric Mental Health Nurse Practitioner (PMHNP)

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Scope and Standards of Psychiatric Mental Health Nursing

Laws that guide care and treatment of the mentally ill

Cultural Issues

Major Concepts

History of the NP Role

1952 Hildegard Peplau

Published her Theory of Interpersonal Relations

1965 Loretta C. Ford and Henry Silver

Registered Nurses with advanced education

Perform clinical duties traditionally performed by MDs

1965 The first NP program opened at the University of Colorado.

1967 Hildegard Peplau

Developed the clinical nurse specialist role with the ANA in the document “Statement of Psychiatric Nursing Practice.”

1973 ANA

Development of scope and standards of Psychiatric-Mental Health Practice

NURSING THEORIES SPECIFIC TO PSYCHIATRIC NURSING

Hildegard Peplau

Considered founder of psychiatric nursing

Developed theory of interpersonal relationships in early 1950s

Described six roles for the nurse

Four phases of the interpersonal nursing process

1. Orientation

2. Identification

3. Exploitation

4. Resolution

1.14 Copyright © Springer Publishing Company, LLC. All Rights Reserved.

History of the NP Role

2008 The License, Accreditation, Certification and Education consensus Model finalized four Advanced practice roles

Certified Registered Nurse Anesthetist (CRNA)

Certified Nurse Midwife (CNM)

Clinical Nurse Specialist (CNS)

Certified Nurse Practitioner (CNP)

2011 Psychiatric Mental Health Nurse Practitioner (PMHNP) prepared across the lifespan.

2015 All other PMH advanced roles retired.

ADVANCED PSYCHIATRIC-MENTAL HEALTH NURSING PRACTICE

United States

American Nurses Association

National Organization of Nurse Practioner Faculties (NONPF)

United Kingdom

No universal advanced nursing role equivalent to that in the United States

Nursing and Midwifery Council (NMC)

1. Teaching

2. Specialist practice

3. Prescribing

Latter, S., Maben, J., Myall, M., & Young, A. (2007). Perceptions and practice of concordance in nurses prescribing consultations: Findings from a national questionnaire survey and case studies of practice in England. International Journal of Nursing Studies, 44, 9–18. doi: 10.1016/j.ijnurstu.2005.11.005

Concordance

Working together with people

Not a synonym of compliance or adherence

Often used interchangeably in literature

Study by Latter, Maben, Myall, and Young (2007)

Degreed nurses were practicing concordance principles

CONCORDANCE

Roles of the PMHNP

Scholarly Activities

Publishing

Lecturing

Presenting

Preceptorship

Continuing Education

Mentoring

Works with a junior colleague

Mutual respect by both mentor and mentee

Client Advocacy

Reduce mental health stigma

Empower and advocate for patients

Support advocacy through professional organizations

Roles of the PMHNP

Health Policy

Participate in activities that promote health care policy

Actively contribute with

Presenting

Preceptorship

Continuing Education

Case Management

Coordinating and monitoring care

Promoting quality and cost effective outcomes

Risk Assessment

Continuously monitor for risk

Risk Management

Interventions to reduce the risk of injury

Advance Directives

Durable Power of Attorney for Health Care

Living Will

Scope and Standards of Practice

State laws

Grant legal authority of NP in the state

Decides who can be called an NP

Defines the role of the NP

Restrictions

Permissions

Collaborative agreement

Define disciplinary actions

Scope and Standards of Practice

Scientific Foundations

Leadership

Quality

Practice Inquiry

Technology and Information Literacy

Policy

Health Delivery System

Ethics

Independent Practice

Scope and Standards of Practice

Licensing

Process used by an agency to grant permission to practice

Credentialing

Ensure minimum level of competency

Certification-

ANCC

Provides protection of using the title

Grant legal authority of NP in the state

Scope of practice

Gives assurance to the public of minimum level of mastery

Psychotherapy

Psychopharmacological Interventions

Case Management

Consultation-Liaison

Clinical Supervision

Scope and Standards ARNP

The APN Therapist

Types of Therapeutic Interventions

Individual

Group

Family

Couples

Examples of Modalities

Psychodynamic

Interpersonal

CBT

Insight Oriented

Motivational Interviewing

Mindfulness

PSYCHOTHERAPY: Builds trust and develops a therapeutic alliance

Role of the PMHNP

Psychopharmacology

Prescribing medications

Ordering lab work and Diagnostic tests

Collaborative with the Patient/Family/Group

Considering genetics, current research and technology

Case Management

Organizes and coordinates care

Population

Legal and ethical considerations

Collaborative with the Patient/Family/Group

Identifies real or potential problems then intervenes

Role of the PMHNP

COLLABORATION

Consensus Model: Licensing, Accreditation, Credentialing and Education

Collaborative physician

Primary Care

Collaboration with other healthcare providers

Integrated MH care in Primary Care Setting

MH Care in a co-location

Refers patients

Healthcare Policy

Advocates for patient and family rights

Role of the PMHNP

CLINICAL SUPERVISION

Individual or Group

Planned meetings

In-depth reflection on complex issues

Develops awareness, acceptance and impulse containment

Assessment

Performs comprehensive psychiatric examinations

Uses evidence based clinical practice guidelines

Orders and interprets diagnostic tests and procedures

Conducts a multigenerational family assessment

Diagnosis

Compares normal and abnormal findings to formulate a diagnosis

Evaluates the health impact on the individual and family

Standards of Practice

Outcomes Identification

Identifies outcomes that are achievable

Considers the cost and clinical effectiveness of the treatment plan

Orders and interprets diagnostic tests and procedures

Involves the client, family and other health providers in outcome

Planning

Provides individualized care including client’s values and belief system

Offers care in the least restrictive environment

Provides culturally relevant care

Standards of Practice

Implementation

Implements age appropriate, culturally and ethnically sensitive care

Collaborates with nursing colleagues and health providers

Manages psychiatric emergencies

Incorporates innovative strategies for care

Health Teaching and Promotion

Teaching based on situation, developmental stage, readiness, language

Includes intended effects and potential adverse effects

Uses health information resources to increase patient’s access to care

Standards of Practice

Areas of Practices

Psychiatric crisis

Acute in-patient

Intermediate and long term setting

Residential

Partial hospitalization

Community-based care

Assertive Community Treatment

Tele-psychiatry

Collaborative practice

Private practice

Legal, Ethical and Cultural Issues in Psychiatric Mental Health Nursing

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Patient Rights-Civil

Vote

Civil service ranking

Driver’s license

Enter contractual relationships

Press charges

Human care and treatment-medical , dental, psychiatric

Religious freedom

Social interaction

Recreational opportunities

Confidentiality

Informed consent

Least restrictive setting

Visitation

Communication

Privacy

Inpatient Rights

Ex parte order by a judge following petition from family or health care professional

Law enforcement officer deems behavior falls under danger to self and/or others

Psychiatric mental health care professional certifies need for admission due to danger to self or others

Law enforcement takes person to a Baker Act Facility

Involuntary Admission

Patient may be kept for observation for 72 hours excluding weekends and holidays

After 72 hours, patient is released or placed in front of court under Habeas Corpus

Judge makes decision on least restrictive setting

Involuntary Admission

Right to Refuse Treatment

Right to Treatment

Duty to Warn & to Protect

Major Legal Decisions

O’Connor v. Donaldson (1975) RIGHT TO LIBERTY

Supreme court ruling that harmlessly mentally ill cannot be confined against their will if they can survive outside.

Confined 15 years in Florida for paranoid delusions

Involuntary confinement must be based on danger to self or others

Right to Refuse Treatment

Rennie v. Klein (1979) New Jersey Supreme Court decision

RIGHT TO MEDICATION

Rogers v. Okin (1981) Massachusetts Supreme Court

RIGHT TO GUARDIANSHIP

Right to Refuse Medication Right to Guardianship

Rouse v. Cameron (1966) Washington D.C.

Treatment must be offered and in the LEAST RESTRICTIVE SETTING

Wyatt v. Stickney (1971) Alabama

Mental health patients must be offered adequate care and treatment at a minimum

* Most states a court order needed to administer medications and or electroconvulsive therapy

Right to Treatment

Tarasoff 1 (1976) THE DUTY TO WARN AND PROTECT

Tarasoff v. Regents of University of California. California Supreme Court A potential victim must be warned.

Tarasoff 2 (1982)

Tarasoff v. Regents of University of California. California Supreme Court A dangerous person must be reported to police.

Duty to Warn and to Protect

NP have moral duties, obligations and responsibilities to their patients:

Justice: Doing what’s fair

Beneficence: Promoting well being, doing good

Non-maleficence: Do no harm

Fidelity: Being true and loyal

Autonomy: Doing for self

Veracity: Telling the truth

Respect: Treating everyone with equal respect

Ethics

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