Laws for Involuntary Psychiatric and the Capacity and Competency in Mental Health
In 2–3 pages, address the following:
Explain your state laws for involuntary psychiatric holds for child and adult psychiatric emergencies. Include who can hold a patient and for how long, who can release the emergency hold, and who can pick up the patient after a hold is released.
Explain the differences among emergency hospitalization for evaluation/psychiatric hold, inpatient commitment, and outpatient commitment in your state.
Explain the difference between capacity and competency in mental health contexts.
Select one of the following topics, and explain one legal issue and one ethical issue related to this topic that may apply within the context of treating psychiatric emergencies: patient autonomy, EMTALA, confidentiality, HIPAA privacy rule, HIPAA security rule, protected information, legal gun ownership, career obstacles (security clearances/background checks), and payer source.
Identify one evidence-based suicide risk assessment that you could use to screen patients.
Identify one evidence-based violence risk assessment that you could use to screen patients.
NRNP 6675 PMHNP ACROSS THE LIFESPAN 2 1
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NRNP 6675 PMHNP ACROSS THE LIFESPAN 2 1
Over the years, there has been a rise in mental-related cases in the U.S.A. Since this is a major concern, the government has sought measures to control it. One way to actualize this process is through a Psychiatric-Mental Health Nurse Practitioner (PMHNP), who offers mental services to patients with mental conditions. Furthermore, various mental health laws play a critical role in integrating mental health for people having mental health issues to offer quality care. Even though the U.S. government supports this move, every state can have different laws that prescribe how patients with mental health issues should be handled during emergencies. Since I reside in Texas, it is critical to check how the Texas state laws guide PMHNPs on how they should perform when offering mental health services.
For example, Texas has some laws that explain what should happen in involuntary psychiatric whenever an adult or a child has psychiatric emergencies. This law is called the Texas Health and Safety Code-HEALTH & SAFETY § 547.014. This law highlights that an adult can actualize involuntary psychiatric by using detention, evaluation, and offering treatment of a patient using the county courts.
In this scenario, law enforcement is permitted to detain a person if there is a sign that the person can threaten others due to mental disorders and substance abuse. The following detainment should happen when the officer is transporting the person to a mental health facility to receive an evaluation to determine whether it is right for admission, as highlighted in the police powers. The Department of Mental Health has acknowledged that mental health facilities can start holding the patient if it is evident that the patient requires emergency psychiatric treatment due to a serious mental health problem.
In other instances, mental health professionals can also start an on-site civil involuntary detention for the person requiring emergency mental healthcare composed of PMHNP, licensed physicians, psychiatric residents, licensed professional counselors, psychiatrists, and qualified addiction professionals. Even though detention is allowed, a time frame is allowed. For example, the detention should only take place for a maximum of three days excluding weekends and holidays.
Nevertheless, there are some instances where the psychiatrist can detain the person more under some conditions. For example, if the psychiatrist finds that the person needs more treatment, they can start a court hearing to obtain permission from the court to continue with the detainment process. The mental health professional can terminate the emergency detainment if they find out the person does not require emergency care. The people they choose or other family members can take the emergency hold.
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