State laws for involuntary psychiatric holds for child and adult psychiatric emergencies
In 2–3 pages, address the following:
Explain your state laws for involuntary psychiatric holds for child and adult psychiatric emergencies. Include who can hold a patient and for how long, who can release the emergency hold, and who can pick up the patient after a hold is released.
Explain the differences among emergency hospitalization for evaluation/psychiatric hold, inpatient commitment, and outpatient commitment in your state.
Explain the difference between capacity and competency in mental health contexts.
Select one of the following topics, and explain one legal issue and one ethical issue related to this topic that may apply within the context of treating psychiatric emergencies: patient autonomy, EMTALA, confidentiality, HIPAA privacy rule, HIPAA security rule, protected information, legal gun ownership, career obstacles (security clearances/background checks), and payer source.
Identify one evidence-based suicide risk assessment that you could use to screen patients.
Identify one evidence-based violence risk assessment that you could use to screen patients.
Laws for Involuntary Psychiatric Holds
In [Your State], involuntary psychiatric holds are governed by [relevant state statutes]. These laws allow for the temporary detention of individuals who pose a significant risk of harm to themselves or others due to a mental health condition.
Who Can Hold a Patient and for How Long:
- Individuals who can hold a patient: Typically, individuals who can initiate an involuntary hold include:
- Law enforcement officers
- Mental health professionals (e.g., psychiatrists, psychologists)
- Family members or other concerned parties
- Duration of the hold: The initial hold typically lasts for [number] days. However, it can be extended for additional periods if a court determines that the individual remains a risk to themselves or others.
- Mental health professionals: Psychiatrists or psychologists can often release an individual from an involuntary hold if they determine that the individual no longer poses a significant risk.
- Courts: In some cases, a court may need to order the release of an individual from an involuntary hold, particularly if there is a dispute about the individual's mental health status or the need for continued detention.
- Designated individuals: The patient can typically designate a family member or friend to pick them up after they are released from an involuntary hold.
- Hospital staff: If the patient does not have a designated individual, hospital staff may be able to assist with transportation arrangements.
- Emergency hospitalization for evaluation/psychiatric hold: This is a temporary detention for the purpose of evaluating an individual's mental health status and determining whether they pose a risk to themselves or others. It is typically initiated by law enforcement or mental health professionals.
- Inpatient commitment: This is a longer-term hospitalization that is ordered by a court after a hearing. It is typically used for individuals who pose a significant risk to themselves or others and require intensive treatment in a hospital setting.
- Outpatient commitment: This is a court-ordered requirement for an individual to participate in outpatient mental health treatment. It is often used as an alternative to inpatient hospitalization for individuals who pose a less severe risk.
- Legal issue: The right of patients to make informed decisions about their own healthcare, including the choice of treatment and the right to refuse treatment.
- Ethical issue: Balancing the patient's right to autonomy with the healthcare provider's duty to protect the patient from harm.
- Columbia-Suicide Severity Rating Scale (C-SSRS): A widely used tool for assessing the severity of suicidal ideation and behavior.
- Historical-Clinical-Risk Management-20 (HCR-20): A structured professional judgment instrument for assessing the risk of violence in individuals with mental health disorders.