Following a TBI, a person's legal rights... - correct answer ✔✔don't change; if it only if they can't
enact rights themselves that they will need a legal rep
4 types of law - correct answer ✔✔common, constitutional, statutory, and administrative
Common law - correct answer ✔✔developed from court decisions
Constitutional law - correct answer ✔✔based on the US constitution and the state constitution
where the person lives
Statutory law - correct answer ✔✔enacted by congress or state legislature; later forms a code
Administrative law - correct answer ✔✔from administrative agencies, statute, congress, or state
legislature; creates rules or regulations
Examples of basic rights under the patient bill of rights - correct answer ✔✔be treated with
respect, not be denied services for any discriminatory reason, receive and send unopened mail,
manage financial affairs, not needing to have someone listening during a crisis call, have
personal property that no one can access, confidentiality, achieve the highest level of
independence possible
Basic characteristics of a patient's bill of rights - correct answer ✔✔posted in a prominent place
in the program, program participants have the same rights as other citizens
Use of seclusion and restraint - correct answer ✔✔violates constitutional rights of the person;
only as a last resort and there is imminent danger
, Youngberg v Romeo - correct answer ✔✔seclusion and restraint violates the constitutional
rights of the person
What the JC and CARF say about seclusion and restraint - correct answer ✔✔only used as a last
resort and if there is imminent danger
Deaths due to restraint - correct answer ✔✔a number of people die each year from it due to
positional asphyxia that leads to suffocation
Guidelines for using seclusion and restraint - correct answer ✔✔needs to be stated clearly by a
professional, has to be evaluated before and after by a MH professional
Medically prescribed restraints and example - correct answer ✔✔different than the bad type of
restraint because they are for the safety of the person; example = wheelchair lap belt
The relationship between legal rights and ethical standards - correct answer ✔✔legal rights are
anchored in ethical standards, but ethical standards exceed legal rights
Principles of ethical standards - correct answer ✔✔legal terms and concepts; autonomy,
beneficence, competence, compliance, confidentiality, loyalty, non-discrimination, respect, and
truthfulness
Legal terms and concepts... - correct answer ✔✔vary from state to state, since these are
governed by state law
Competency or capacity - correct answer ✔✔only a court can decide if someone is legally
incompetent
Guardianship types - correct answer ✔✔of the person, of the estate, plenary guardianship