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4.15 Legal Issues and Ethics in Psychiatry
By Dr. Conrad
22
Psychology
Professional
04/15/2012

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Cards

Term
T/F A physician can break confidentiality if information is needed in civil commitment proceedings.
Definition
true
Term
T/F Even if a competent patient waives the right to confidentiality, a psychiatrist can clain doctor-patient confidentiality and refuse to testify in court.
Definition
FALSE, the patient holds testimonial privilege and the psychiatrist must testify
Term
What is testimonial privilege?
Definition
the privilege to withhold information that applies only to the judicial setting
Term
T/F Psychiatrist has a carte blanche authorization to disclose all information obtained to hospital staff members.
Definition
false
Term
Can a psychiatrist speak to family members of the patient?
Definition
should obtain verbal conset from a competent patient before speaking to family members
Term
What does HIPAA stand for?
Definition
health insurance portability and accountability act of 1996
Term
Is a psychiatric consultant's note on the medical chart considered a psychotherapy note?
Definition
NO, psychotherapy notes recieve extra confidentiality protection and they are kept separate from the rest of the medical record
Term
What are the two principles that informed consent is based on?
Definition
1)every patient has a right to determine what is or is not done to his/her body
2) it is the physician's duty to diclose honestly all the facts about a patient's condition
Term
What is the purpose of informed consent?
Definition
promote individual autonomy
Term
What are the three ingredients of informed consent?
Definition
competency, information, voluntariness
Term
What are the basic exceptions to informed consent?
Definition
emergencies, incompetence, therapeutic privilege, waiver
Term
What is therapeutic privelege?
Definition
complete disclosure of risks and alternatives will ahve a deleterious effect on a patient's health and welfare
Term
How is it decided whether a patient is competent or not?
Definition
determination of competency requires a judicial decision
Term
T/F Health care providers can not declare a patient incompetent.
Definition
true
Term
Although a physician can not determine whether an individual is incompetent, they can determine...
Definition
if the individual has a lack of decisional capacity
Term
What are the four standards for determining mental incapacity in deicision making?
Definition
1) communication of choice 2) understanding the information provided 3) appreciation of options available 4) rational decision making
Term
What is the hierarchy of substituted judgment in louisiana?
Definition
legal gaurdian, spouse, adult child of a patient, parent of patient, adult sibling, close friend
Term
What does FVA stand for?
Definition
formal voluntary admission
Term
What does PEC stand for?
Definition
physician's emergency commitment
Term
When can you commit a patient against their will?
Definition
if they are suicidal, homicidal, or gravely disabledd
Term
What is CEC?
Definition
coroner's emergency commitment
Term
What are the principles of biomedical ethics?
Definition
respect for patients autonomy, beneficence, nonmaleficence, justice
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