Following a TBI, a person's legal rights... - 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 - ANSWER common, constitutional, statutory, and administrative
Common law - ANSWER developed from court decisions
Constitutional law - ANSWER based on the US constitution and the state constitution
where the person lives
Statutory law - ANSWER enacted by congress or state legislature; later forms a code
Administrative law - ANSWER from administrative agencies, statute, congress, or state
legislature; creates rules or regulations
Examples of basic rights under the patient bill of rights - 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 - ANSWER posted in a prominent place
in the program, program participants have the same rights as other citizens
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, Use of seclusion and restraint - ANSWER violates constitutional rights of the person;
only as a last resort and there is imminent danger
Youngberg v Romeo - ANSWER seclusion and restraint violates the constitutional rights
of the person
What the JC and CARF say about seclusion and restraint - ANSWER only used as a last
resort and if there is imminent danger
Deaths due to restraint - ANSWER a number of people die each year from it due to
positional asphyxia that leads to suffocation
Guidelines for using seclusion and restraint - 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 - 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 - ANSWER legal rights are
anchored in ethical standards, but ethical standards exceed legal rights
Principles of ethical standards - ANSWER legal terms and concepts; autonomy,
beneficence, competence, compliance, confidentiality, loyalty, non-discrimination, respect,
and truthfulness
Legal terms and concepts... - ANSWER vary from state to state, since these are
governed by state law
Competency or capacity - ANSWER only a court can decide if someone is legally
incompetent
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enact rights themselves that they will need a legal rep
4 types of law - ANSWER common, constitutional, statutory, and administrative
Common law - ANSWER developed from court decisions
Constitutional law - ANSWER based on the US constitution and the state constitution
where the person lives
Statutory law - ANSWER enacted by congress or state legislature; later forms a code
Administrative law - ANSWER from administrative agencies, statute, congress, or state
legislature; creates rules or regulations
Examples of basic rights under the patient bill of rights - 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 - ANSWER posted in a prominent place
in the program, program participants have the same rights as other citizens
1
, Use of seclusion and restraint - ANSWER violates constitutional rights of the person;
only as a last resort and there is imminent danger
Youngberg v Romeo - ANSWER seclusion and restraint violates the constitutional rights
of the person
What the JC and CARF say about seclusion and restraint - ANSWER only used as a last
resort and if there is imminent danger
Deaths due to restraint - ANSWER a number of people die each year from it due to
positional asphyxia that leads to suffocation
Guidelines for using seclusion and restraint - 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 - 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 - ANSWER legal rights are
anchored in ethical standards, but ethical standards exceed legal rights
Principles of ethical standards - ANSWER legal terms and concepts; autonomy,
beneficence, competence, compliance, confidentiality, loyalty, non-discrimination, respect,
and truthfulness
Legal terms and concepts... - ANSWER vary from state to state, since these are
governed by state law
Competency or capacity - ANSWER only a court can decide if someone is legally
incompetent
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