The unlawful restraint of a patient can be a legal pitfall for the PMHNP.
The unlawful restraint of a patient can be a legal pitfall for the PMHNP. K.W. was found eating hamburgers out of a Mcdonald's dumpster and drinking water from an old water hose. She had not taken a bath in weeks. She refused to live in an apartment because she wants to “live off the fat of the land.”
Cite the Baker Act law to defend your position.
Find one newspaper article written in the last 5 years that supports your position. Summarize the details of the case and the laws cited
In a recent case reported by NBC Miami in April 2019 were two nurses restrained an elderly woman with dementia against her will using straps attached to an adjustable bed frame. In this particular case, state attorneys argued that the nurses had violated their professional duties as well as federal laws concerning abuse or neglect of patients in nursing homes. They cited both Florida Statute 393 and Sections 464B-1 through 464B-9 which outlines regulations concerning the protection of residents in assisted living facilities with regard to safety from mistreatment or exploitation and from being subject to involuntary confinement (NBC Miami, 2019). These statutes clearly demonstrate that any form of involuntary confinement can be seen as unlawful restraint which has serious consequences for those accused.
Sample Solution
The unlawful restraint of a patient is a legal pitfall for the PMHNP and violates the Baker Act. The Baker Act (Florida Mental Health Act)states that “persons admitted to mental health treatment facilities must be given certain rights, including freedom from restraint, freedom from seclusion, and access to visitors” (Ruggiero & Roberts, 2020). It also states that unless there are clear and convincing reasons why it is necessary, no person can be subjected to physical or chemical restraints without their consent except in cases of emergency. Furthermore, it specifically prohibits the use of restraints as punishment or coercion.