Ethical and Legal Foundations of PMHNP Care Essay

Ethical and Legal Foundations of PMHNP Care Essay

Ethical and Legal Foundations of PMHNP Care Essay

Ethical and Legal Foundations of PMHNP Care Sample Essay

Ethical principles are used to distinguish between right and wrong actions. Foundational ethical principles for nursing practice include respect for autonomy, nonmaleficence, justice, beneficence, fidelity, and veracity. This discussion focuses on moral and legal issues about the autonomy of kids, teens, and adults in psychiatric-mental health practice.

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Summary of Articles

Ethical and Legal Considerations in Children/Adolescents

            According to the ethical concept of autonomy, every person has the freedom to make decisions for themselves that reflect their particular values, views, and preferences.

Children and teenagers in particular can participate to some level in medical decision-making (Bieber et al., 2020). The parent-doctor-child/adolescent triangle sides generally agree, but this may not always be the case, posing challenges for physicians in determining their professional responsibilities. In light of this, Loughran and Latham (2022) state that, with a few notable exceptions, kids under the age of 18 are typically seen as lacking capacity and are consequently unable to provide their permission for medical or psychiatric treatment. Parents and legal guardians are typically believed to be the best persons to pick a therapeutic approach for their underage children and to represent their highest interests.

Ethical and Legal Considerations in Adults

Wergeland et al. (2022) assert that to respect the idea of adult autonomy, healthcare providers must give patients the medical knowledge and treatment options they require for them to make their own decisions. This promotes truthfulness, secrecy, and informed consent. Bergamin et al. (2022) contend that the implementation of capacity-based mental health law appears to have achieved the goal of providing treatment and care following patients’ wishes as much as is practical.

Psychiatric-Mental Health Practice

            According to the Georgia Code of Ethics for Counseling and Psychotherapy, the licensee must use reasonable efforts to advance the welfare, self-determination, and best interests of people and their families. This includes respecting the rights of those who seek help, obtaining informed consent, and ensuring that the licensee’s services are used appropriately (Sulaberidze et al., 2018). To advance my profession in this state, the knowledge I have gained will help me advance my psychiatric ideology and find morally gray areas in the treatment of those who are mentally ill. For instance, it is necessary to be able to identify parts of a patient’s care that are morally significant, such as their right to self-determination.

A good example is the treatment of a patient who needs in-home care and has a history of depression, suicidality, acute agony, and discomfort. This requires being sensitive to any conflicts or tensions that may arise, such as weighing the patient’s choice to live independently against the limitations of sickness on one’s capacity to continue self-care routines (Wergeland et al., 2022). The intervention is likely to be beneficial and clinically indicated. However, there are grounds for thinking that the patient’s substantial mental illness processes—specifically, her history of depression, suicidality, and acute anguish and discomfort—could be impairing her capacity to make or articulate sustained, sincere wishes. Furthermore, failure to act would have serious implications and be likely to cause irreparable harm. This method accepts that there may be forces at work that are already obstructing the individual’s true autonomy rather than seeking to lessen that autonomy.

Conclusion

Giving care to people who are suffering from psychiatric conditions is a difficult and morally responsible task. Ethical complexity is influenced by how psychiatric illnesses affect a person’s experiences and sense of self. Personal autonomy may be compromised by mental illness. Yet, the patient has the legal right to decide on their medical care without the help of a healthcare provider. Healthcare personnels are allowed to inform patients, but they are not allowed to make decisions on their behalf due to patient autonomy.

References

Bergamin, J., Luigjes, J., Kiverstein, J., Bockting, C. L., & Denys, D. (2022). Defining Autonomy in Psychiatry. Frontiers in Psychiatry, 13. https://doi.org/10.3389/fpsyt.2022.801415

Bieber, E. D., Edelsohn, G. A., McGee, M. E., Shekunov, J., Romanowicz, M., Vande Voort, J. L., & McKean, A. J. S. (2020). The Role of Parental Capacity for Medical Decision-Making in Medical Ethics and the Care of Psychiatrically Ill Youth: Case Report. Frontiers in Psychiatry, 11. https://doi.org/10.3389/fpsyt.2020.559263

Loughran, M., & Latham, R. (2022). Autonomy, liberty, and risk: The ethical and legal challenges of suspending leave of absence for patients detained under the Mental Health Act 1983 during the COVID-19 (coronavirus) pandemic. Medicine, Science, and the Law, 002580242210996. https://doi.org/10.1177/00258024221099691

Sulaberidze, L., Green, S., Chikovani, I., Uchaneishvili, M., & Gotsadze, G. (2018). Barriers to delivering mental health services in Georgia with an economic and financial focus: informing policy and acting on evidence. BMC Health Services Research, 18(1). https://doi.org/10.1186/s12913-018-2912-5

Wergeland, N. C., Fause, Å., Weber, A. K., Fause, A. B. O., & Riley, H. (2022). Increased autonomy with capacity-based mental health legislation in Norway: a qualitative study of patient experiences of having come off a community treatment order. BMC Health Services Research, 22(1). https://doi.org/10.1186/s12913-022-07892-9

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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.

LEARNING RESOURCES

Required Readings
American Nurses Association. (2015). Code of ethics for nurses with interpretive statementsLinks to an external site.. https://www.nursingworld.org/practice-policy/nursing-excellence/ethics/code-of-ethics-for-nurses/coe-view-only/Links to an external site.
American Psychological Association. (2017). Ethical principles of psychologists and diagnostic formulationLinks to an external site.. http://www.apa.org/ethics/code/Links to an external site.

American Academy of Child & Adolescent Psychiatry. (2014). Code of ethicsLinks to an external site.. https://www.aacap.org/App_Themes/AACAP/docs/about_us/transparency_portal/aacap_code_of_ethics_2012.pdfLinks to an external site.
American Psychiatric Nurses Association. (2020). APRN psychiatric-mental health nursing practiceLinks to an external site.. https://www.apna.org/i4a/pages/index.cfm?pageID=3846Links to an external site.
Anderson, S. L. (2012).Practice parameter on gay, lesbian, or bisexual sexual orientation, gender nonconformity, and gender discordance in children and adolescentsLinks to an external site.. American Academy of Child and Adolescent Psychiatry, 51(9). 957–974. https://www.jaacap.org/action/showPdf?pii=S0890-8567%2812%2900500-XLinks to an external site.
Hilt, R. J., & Nussbaum, A. M. (2016). DSM-5 pocket guide for child and adolescent mental healthLinks to an external site.. American Psychiatric Association Publishing.

Chapter 2, “Addressing Behavioral and Mental Problems in Community Settings”Links to an external site.
Thapar, A., Pine, D. S., Leckman, J. F., Scott, S., Snowling, M. J., & Taylor, E. A. (2015). Rutter’s child and adolescent psychiatry (6th ed.). Wiley Blackwell.

Chapter 19, “Legal Issues in the Care and Treatment of Children with Mental Health Problems”
Zakhari, R. (2020). The psychiatric-mental health nurse practitioner certification review manual. Springer.

Chapter 1, “Preparing to Pass the Psychiatric-Mental Health Nurse Practitioner Certification Exam”