NUR 318 Statutory law – UPDATED Questions with 100% Verified Answers
NUR 318 Statutory law – UPDATED Questions
with 100% Verified Answers
Section 1: Common, Patient, Right (Q1–Q15)
Question & Answer
Q1 Tort
A - civil wrongdoing that causes loss, harm, or injury, and results in civil liability - individual person
(patient) versus other individual (nurse)
Q2 What is the most common type of tort applying to nursing care?
A negligence
Q3 What 4 elements must be present to prove negligence? Statutory law
A - obligation - duty to care - breach of duty - injury caused by breach of duty
Q4 Major court decisions affecting psychiatric care: duty to warn
A - mental health professionals have a duty to warn threats of harm to others (homicidal ideation)
Q5 If your patient discloses threat to harm, what should you as the nurse do?
A ask if they have a plan to do so, and then notify the provider
Q6 Common law: cognitive standard
A - defendant's mental capacity to understand actions at time of defense. Does this patient
understand what is happening and understand the consequences of their decision?
Q7 Common law: right to treatment
A when a person is hospitalized for a mental illness—especially when they are involuntarily
committed—they have the right to receive appropriate and adequate treatment, not simply be
confined
Q8 Common law: right to refuse
A - psychiatric patients generally have the right to decline medications or other treatments, even
when healthcare providers believe the treatment would benefit them - The nurse generally cannot
simply force the patient to take the medication solely because they were involuntarily admitted.
Q9 Three main patient rights regarding treatment
A right to self-determine, give consent, or refuse treatment
Q10 What is capacity?
A - Determined by the physician or psychologist - ability to make informed decisions
Q11 What is competency?
A - determined by law - ability to communicate choices, understand information, and compare risks
versus benefits of treatment
Page 1 of 6
, NUR 318 Statutory law – UPDATED Questions with 100% Verified Answers
Question & Answer
Q12 What is suspension of patient rights?
A Privileges on and off unit may be restricted based on patient's ability to follow unit rules and risk to
self/others
Q13 What is right to treatment in the least restrictive environment?
A Freedom from unnecessary restriction when less restrictive, appropriate interventions are available
Q14 What is seclusion? and restraint?
A - Seclusion is removed/isolated from other patients - restraint is physically tied down
Q15 What are rights regarding seclusion and restraint?
A - Prevention of harm and protection of patient rights vs obligation to provide safe and ethical care
Section 2: Cultural, Commitment, World (Q16–Q29)
Question & Answer
Q16 When should restraints be ordered? and how often observed by the nurse?
A - order by provider within 1 hour and re-ordered every 2 hours - constant observation and every
15 minute documentation by the nurse
Q17 What is voluntary commitment?
A - patient consents to treatment and maintains their civil rights - may sign out AMA, unless
psychiatric provider determines imminent risk to self or others present
Q18 What is involuntary commitment?
A - patient with legal capacity to consent refuses psychiatric treatment AND imminent risk to self or
others, OR gravely disabled (mania, delusions, psychosis) - It is considered an emergency for acute
stabilization - In Indiana, often called emergency detention or ED (ED can last up to 72 hours in
Indiana)
Q19 Involuntary commitment: short term
A - care needed >72 hours, granted after certification (i.e., probable cause) hearing
Q20 Involuntary commitment: long term
A - usually 3, 6, or 12 months - used in cases needing long-term psychiatric care for individual
deemed incapacitated - can be for inpatient or outpatient care
Q21 Who has added protection under HIPAA?
A - patients receiving psychiatric and substance use treatment have added protection under HIPAA -
SUD information generally cannot be used in criminal proceedings - patients may request their own
medical records, correct or add to their medical records, and account for everyone their information
has been disclosed to
Q22 How does culture affect mental health?
A - affects views of mental health disorders and treatment - includes age, gender, religion, race,
socioeconomic status, mental health disorders, physically challenging conditions
Page 2 of 6
NUR 318 Statutory law – UPDATED Questions
with 100% Verified Answers
Section 1: Common, Patient, Right (Q1–Q15)
Question & Answer
Q1 Tort
A - civil wrongdoing that causes loss, harm, or injury, and results in civil liability - individual person
(patient) versus other individual (nurse)
Q2 What is the most common type of tort applying to nursing care?
A negligence
Q3 What 4 elements must be present to prove negligence? Statutory law
A - obligation - duty to care - breach of duty - injury caused by breach of duty
Q4 Major court decisions affecting psychiatric care: duty to warn
A - mental health professionals have a duty to warn threats of harm to others (homicidal ideation)
Q5 If your patient discloses threat to harm, what should you as the nurse do?
A ask if they have a plan to do so, and then notify the provider
Q6 Common law: cognitive standard
A - defendant's mental capacity to understand actions at time of defense. Does this patient
understand what is happening and understand the consequences of their decision?
Q7 Common law: right to treatment
A when a person is hospitalized for a mental illness—especially when they are involuntarily
committed—they have the right to receive appropriate and adequate treatment, not simply be
confined
Q8 Common law: right to refuse
A - psychiatric patients generally have the right to decline medications or other treatments, even
when healthcare providers believe the treatment would benefit them - The nurse generally cannot
simply force the patient to take the medication solely because they were involuntarily admitted.
Q9 Three main patient rights regarding treatment
A right to self-determine, give consent, or refuse treatment
Q10 What is capacity?
A - Determined by the physician or psychologist - ability to make informed decisions
Q11 What is competency?
A - determined by law - ability to communicate choices, understand information, and compare risks
versus benefits of treatment
Page 1 of 6
, NUR 318 Statutory law – UPDATED Questions with 100% Verified Answers
Question & Answer
Q12 What is suspension of patient rights?
A Privileges on and off unit may be restricted based on patient's ability to follow unit rules and risk to
self/others
Q13 What is right to treatment in the least restrictive environment?
A Freedom from unnecessary restriction when less restrictive, appropriate interventions are available
Q14 What is seclusion? and restraint?
A - Seclusion is removed/isolated from other patients - restraint is physically tied down
Q15 What are rights regarding seclusion and restraint?
A - Prevention of harm and protection of patient rights vs obligation to provide safe and ethical care
Section 2: Cultural, Commitment, World (Q16–Q29)
Question & Answer
Q16 When should restraints be ordered? and how often observed by the nurse?
A - order by provider within 1 hour and re-ordered every 2 hours - constant observation and every
15 minute documentation by the nurse
Q17 What is voluntary commitment?
A - patient consents to treatment and maintains their civil rights - may sign out AMA, unless
psychiatric provider determines imminent risk to self or others present
Q18 What is involuntary commitment?
A - patient with legal capacity to consent refuses psychiatric treatment AND imminent risk to self or
others, OR gravely disabled (mania, delusions, psychosis) - It is considered an emergency for acute
stabilization - In Indiana, often called emergency detention or ED (ED can last up to 72 hours in
Indiana)
Q19 Involuntary commitment: short term
A - care needed >72 hours, granted after certification (i.e., probable cause) hearing
Q20 Involuntary commitment: long term
A - usually 3, 6, or 12 months - used in cases needing long-term psychiatric care for individual
deemed incapacitated - can be for inpatient or outpatient care
Q21 Who has added protection under HIPAA?
A - patients receiving psychiatric and substance use treatment have added protection under HIPAA -
SUD information generally cannot be used in criminal proceedings - patients may request their own
medical records, correct or add to their medical records, and account for everyone their information
has been disclosed to
Q22 How does culture affect mental health?
A - affects views of mental health disorders and treatment - includes age, gender, religion, race,
socioeconomic status, mental health disorders, physically challenging conditions
Page 2 of 6
