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2 pages/β‰ˆ550 words
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APA
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Health, Medicine, Nursing
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Essay
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English (U.S.)
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Topic:

Ethical and Legal Foundations of PMHNP Care

Essay Instructions:

For this Paper, you select a topic that has both legal and ethical implications for PMHNP practice and then perform a literature review on the topic. Your goal will be to identify the most salient legal and ethical facets of the issue for PMHNP practice, and also how these facets differ in the care of adult patients versus children. Keep in mind as you research your issue, that laws differ by state and your clinical practice will be dictated by the laws that govern your state.
To Prepare
Select one of the following ethical/legal topics:
Autonomy
Beneficence
Justice
Fidelity
Veracity
Involuntary hospitalization and due process of civil commitment
Informed assent/consent and capacity
Duty to warn
Restraints
HIPPA
Child and elder abuse reporting
Tort law
Negligence/malpractice
Locate a total of four scholarly, professional, or legal resources related to this topic. One should address ethical considerations related to this topic for adults, one should be on ethical considerations related to this topic for children/adolescents, one should be on legal considerations related to this topic for adults, and one should be on legal considerations related to this topic for children/adolescents.
Briefly identify the topic you selected. Then, summarize the articles you selected, explaining the most salient ethical and legal issues related to the topic as they concern psychiatric-mental health practice for children/adolescents and for adults. Explain how this information could apply to your clinical practice, including specific implications for practice within your state. ***Attach the PDFs of your articles***.
Share cultural considerations that may impact the legal or ethical issues present in your articles.
Required Readings :
American Nurses Association. (2015). Code of ethics for nurses with interpretive statements. https://www(dot)nursingworld(dot)org/practice-policy/nursing-excellence/ethics/code-of-ethics-for-nurses/coe-view-only/
American Psychological Association. (2017). Ethical principles of psychologists and diagnostic formulation. http://www(dot)apa(dot)org/ethics/code/
American Academy of Child & Adolescent Psychiatry. (2014). Code of ethics. https://www(dot)aacap(dot)org/App_Themes/AACAP/docs/about_us/transparency_portal/aacap_code_of_ethics_2012.pdf
American Psychiatric Nurses Association. (2020). APRN psychiatric-mental health nursing practice. https://www(dot)apna(dot)org/i4a/pages/index.cfm?pageID=3846
Anderson, S. L. (2012). Practice parameter on gay, lesbian, or bisexual sexual orientation, gender nonconformity, and gender discordance in children and adolescents. American Academy of Child and Adolescent Psychiatry, 51(9). 957–974. https://www(dot)jaacap(dot)org/action/showPdf?pii=S0890-8567%2812%2900500-X
Hilt, R. J., & Nussbaum, A. M. (2016). DSM-5 pocket guide for child and adolescent mental health. American Psychiatric Association Publishing.
Chapter 2, “Addressing Behavioral and Mental Problems in Community Settings”
Thapar, A., Pine, D. S., Leckman, J. F., Scott, S., Snowling, M. J., & Taylor, E. A. (2015). Rutter’s child and adolescent psychiatry (6th ed.). Wiley Blackwell.
Chapter 19, “Legal Issues in the Care and Treatment of Children with Mental Health Problems”
Zakhari, R. (2020). The psychiatric-mental health nurse practitioner certification review manual. Springer.
Chapter 1, “Preparing to Pass the Psychiatric-Mental Health Nurse Practitioner Certification Exam”

Essay Sample Content Preview:

Ethical and Legal Foundations of PMHNP Care
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Ethical and Legal Foundations of PMHNP Care
Brief Summary
Fidelity is one of the founding principles of PMHNP practice and refers to the trust and loyalty owed by health care professionals to their clients and vice versa. It also denotes the extent to which a healthcare system meets the health care needs of patients and how it delivers these services in a proper and precise manner (La Cerra et al., 2019). The provider has the greater burden to remain committed to the promises made to the patient. Psychiatrists who care for children and adolescents face ethical dilemmas that are different from those of general psychiatrists caring for adults. Minors are generally a vulnerable population and often require the mature judgment of their caretakers as opposed to adults. Sometimes, the involvement of a guardian results in the introduction of ethical and legal imperatives, particularly when an action or request by the caretaker requires the psychiatrist to break a promise made to the minor.
Article Summaries
Children: Ethical Considerations
One ethical consideration when treating minors related to fidelity is that of attempts at influence by third parties. Third-party influence may result from various sources such as guardians, school system personnel, health insurance providers, investment concerns, industry-related manufacturers, and governmental agencies. When providing clinical care to children and adolescents, the health care provider must refuse all attempts at the third-party influence that compromise the AACAP code of ethics (La Cerra et al., 2019). Sometimes, third parties may have a legal responsibility for the development and care of the child. In such cases, the psychiatrist may provide sufficient information of the minor’s needs in order to enhance the provision of care while also protecting the child’s privacy rights, independent of the third parties’ preferences (AACAP, 2014).
Children: Legal Considerations
However, the most significant legal concern relates to protecting said privacy: the legal right to privacy is tied to the right to consent to treatment. Minors cannot legally consent to treatment and therefore lack the legal right to privacy, especially from parents. Guardians must act as personal representatives and have the right to request a child’s medical record, including treatment plan, diagnosis, and symptoms. Nevertheless, the psychiatrist has a right to withhold treatment notes because they are not official documentation (Vaishnavi & Kumar, 2018). In some states, such as Pennyslvania, child above 14 years are afforded more privacy rights, and the therapist can establish parameters of treatment that protect confidentiality (Knapp, 2018).
Adults: Ethical Considerations
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