Mental Health Nursing

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Author:
plbernal
ID:
132598
Filename:
Mental Health Nursing
Updated:
2012-03-27 23:14:47
Tags:
Legal Issues Texas Laws
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Description:
Involuntary Admissions and Texas Law
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  1. Reasons for involuntary admission
    • 1. Emergency detentions
    • 2. Court appointed order of protective custody
    • 3. Court appointed temporary admission
    • 4. Court appointed extended mental health services
    • 5. Requirement to override person’s refusal to take medications
  2. Emergency Detentions guidelines
    • 1. If the person is mentally ill, the nature of which disorder shall be described
    • 2. The person evidences a substantial risk of serious harm to himself/herself or others, which risk shall be specified and described
    • 3. The described risk of harm is imminent unless the person is immediately restrained
    • 4. Emergency detention is the least restrictive means by which necessary restraint may be affected
    • 5. The person must be examined by one physician and found in need of emergency detention
    • 6. Any police officer may bring a person directly to the emergency room for evaluation of emergency detention without a warrant if the officer determines that the person meets the criteria for emergency detention
    • 7. The person may not be held for longer than 24 hours excluding weekends and holidays or one working day unless some other legal action is taken
  3. Court appointed order of protective custody guidelines
    • 1. Application for MH services must already have been filed
    • 2. Is not to exceed 14 to 21 days if court grants a continuance
    • 3. Needs opinion of examining M.D. that person is mentally ill and presents a substantial risk of serious harm to self or others if not immediately restrained
    • 4. Person must have a ‘probable cause’ hearing within three working days. Within 72 hours of the restriction of personal freedom by an order of protective custody the person must be provided with a hearing before a hearing officer, appointed by the court, his attorney, the physician involved and any other interested parties. The hearing is to determine if the order of protective custody is warranted in this case
    • 5. Provides a method of keeping a person who poses a threat to himself or someone else detained until a longer term hospitalization can be legally obtained. Not all persons who need longer term treatment need to be detained by this method because they do not pose an imminent threat to themselves or others
  4. Court appointed temporary admission guidelines
    • 1. The person is mentally ill
    • 2. As a result of the illness, the person is likely to cause serious harm to self or to others, or will if not treated
    • 3. Continues to suffer severe and abnormal mental, emotional or physical distress and will continue to experience deterioration of ability to function independently and is unable to make a rational and informed decision as to whether to submit to treatment
    • 4. Two certificates from Medical Doctors of examination for mental illness
    • 5. Person can waive right to cross examine witness, two certificates from Medical Doctors in lieu of live testimony
    • 6. Not to exceed 90 days
    • 7. Hearing before court unless trial by jury is requested
    • 8. There must be clear and convincing evidence
    • 9. Person is committed to inpatient or possibly outpatient treatment
    • 10. Head of the treatment facility may discharge the person at any time that it is determined that the person no longer meets the criteria for court appointed services
  5. Court appointed extended mental health services guidelines
    • 1. The person is mentally ill
    • 2. As a result of this illness, the person is likely to cause serious harm to self or others or will if not treated
    • 3. Continues to suffer severe and abnormal mental, emotional, or physical distress and will continue to experience deterioration of ability to function independently and is unable to make a rational and informed decision as to whether to submit to treatment
    • 4. Two certificates from Medical Doctors and a statement that the condition expected to continue for more than 90 days
    • 5. Only entered if person has for at least 60 consecutive days within the last 12 months received inpatient treatment pursuant to a court order
    • 6. Shall be before a jury unless jury trial is waived
    • 7. There must be clear and convincing evidence
    • 8. Commit to inpatient or outpatient treatment
    • 9. Head of facility may discharge at any time
  6. Requirement to override person’s refusal to take medications
    • 1. Must be an emergency involving imminent danger to physical health of others or the individual
    • 2. Danger must be documented
    • 3. Person must be deemed legally incompetent to make decisions about own health. This is not the same as being deemed mentally ill

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