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Ethics in Mental Health
Erin A. Alexander, LPC
Rebecca D. Nate, LPC
Objectives
● Participants will be able to identify their professional responsibility as it
relates to patient suicide risk
● Participants will be able to identify the specific information needed when
reporting child abuse/neglect
● Participants will be able to identify the updates to the 2014 American
Counseling Association Code of Ethics, and the updates to the Health
Insurance Portability and Accountability Act
● Participants will be able to apply their knowledge of ethics to case
scenarios
Professional Responsibility and Suicide
Risk
The majority
of tort actions filed against mental health professionals
subsequent to a client's suicide are based on
allegations of negligence (such as failure to follow
established prevention guidelines) or malpractice (such as
misdiagnosis, absent or inappropriate risk assessment, or
inappropriate treatment interventions when
suicide risk was identified).
Did You Know?
Asking the client if he or she is suicidal,
if he or she has a plan, and if he or she
has the means to carry out the
plan is insufficient and reflective of
negligence.
Assessment of Suicide:
Current presentation of suicidality
• Suicidal or self-harming thoughts, plans, behaviors, and intent
• Specific methods considered for suicide, including their lethality and the
patient’s expectation about lethality, as well as whether firearms are accessible
• Evidence of hopelessness, impulsiveness, anhedonia, panic attacks, or
anxiety
• Reasons for living and plans for the future
• Alcohol or other substance use associated with the current presentation
• Thoughts, plans, or intentions of violence toward others
Assessment of Suicide
Psychiatric illnesses (psychosocial history)
• Current signs and symptoms of psychiatric disorders with particular attention
to mood disorders (primarily major depressive disorder or mixed episodes),
schizophrenia,
substance use disorders, anxiety disorders, and personality disorders
(primarily borderline and antisocial personality disorders)
• Previous psychiatric diagnoses and treatments, including illness onset and
course and psychiatric hospitalizations, as well as treatment for substance use
disorders
Assessment of Suicide
History (Psychosocial history)
• Previous suicide attempts, aborted suicide attempts, or other self-harming
behaviors
• Previous or current medical diagnoses and treatments, including surgeries or
hospitalizations
• Family history of suicide or suicide attempts or a family history of mental
illness, including substance abuse
Assessment of Suicide
Psychosocial situation (Current and Psychosocial history)
• Acute psychosocial crises and chronic psychosocial stressors, which may include
actual or perceived interpersonal losses, financial difficulties or changes in
socioeconomic status, family discord, domestic violence, and past or current sexual
or physical abuse or neglect
• Employment status, living situation (including whether or not there are infants or
children in the home), and presence or absence of external supports
• Family constellation and quality of family relationships
• Cultural or religious beliefs about death or suicide
• Individual strengths and vulnerabilities
Assessment of Suicide
Coping skills (Psychosocial history)
• Personality traits
• Past responses to stress
• Capacity for reality testing
• Ability to tolerate psychological pain and satisfy
psychological needs
Patient Reliability and Veracity
Patients are not always reliable sources of information,
especially about their suicidal wishes and impulses.
When a suicide has occurred, one of the things our
experts look for is evidence that the caregivers relied
solely on the patient for information about suicide risk.
Patient Reliability and Veracity
Clinical decision makers know, or should know, the many reasons
patients often provide inaccurate information in assessments. Cognitive
deficits or psychosis may make them incapable of giving a complete
history. They may want to avoid hospitalization or restriction. If already
hospitalized, they may want to be discharged or given a pass. They may
try to be honest with the examiner but be unable to assess their own
future impulses. They may simply want to mislead the clinician into
believing they aren’t suicidal so they will be free to kill themselves
without interference. By the same token, so-called no-self-harm
“contracts” are unreliable.
Where to Obtain Information
● Family Members, significant others
● Other mental health professionals
● Medical professionals
Be sure to have signed consents in the file
and signed coordination of care forms in
the file at the beginning of treatment
Admission Generally Indicated
After a suicide attempt or aborted suicide
attempt if:
• Patient is psychotic
• Attempt was violent, near-lethal, or premeditated
• Precautions were taken to avoid rescue or
discovery
• Persistent plan and/or intent is present
• Distress is increased or patient regrets surviving
• Patient is male, older than age 45, especially with
new onset of psychiatric illness or suicidal
thinking
Admission Generally Indicated
• Patient has limited family and/or social support,
including lack of stable living situation
• Current impulsive behavior, severe agitation, poor
judgment, or refusal of help is evident
• Patient has change in mental status with a
metabolic, toxic, infectious, or other etiology
requiring further workup in a structured setting
In the presence of suicidal ideation with:
• Specific plan with high lethality
• High suicidal intent
Admission May be Needed
• After a suicide attempt or aborted suicide
attempt, except in circumstances for which
admission is generally indicated
Admission May be Needed
In the presence of suicidal ideation with:
• Psychosis
• Major psychiatric disorder
• Past attempts, particularly if medically serious
• Possibly contributing medical condition (eg,
acute neurological disorder, cancer, infection)
• Lack of response to or inability to cooperate with
partial hospital or outpatient treatment
Admission May be Needed
• Need for supervised setting for medication trial
or electroconvulsive therapy
• Need for skilled observation, clinical tests, or
diagnostic assessments that require a structured
setting
• Limited family and/or social support, including
lack of stable living situation
Admission May be Needed
• Lack of an ongoing clinician-patient relationship
or lack of access to timely outpatient follow-up
• In the absence of suicide attempts or reported
suicidal ideation/plan/intent but evidence from
the psychiatric evaluation or history from others
suggests a high level of suicide risk and a recent
acute increase in risk
Transitioning Over to Child Protective
Reporting….
We are all aware of the procedures for
reporting child abuse/neglect. None of this has
changed and it is relatively the same across the
nation.
The issue is Specific Information Needed
When Reporting
Specific Information Needed When Reporting
Physical Abuse
● Identifying Information
● Description of injury, location, instrument,
size, shape?
● Punched, slapped, open or closed fist?
● Frequency?
Specific Information Needed When
Reporting Physical Neglect
● Weight change?
● Bleeding/infestation of lice?
● If you have done a home visit: exposed
wiring, broken windows, rat/roach
infestation, maggots, human/pet feces
Specific Information Needed When
Reporting Medical Neglect
● Has the parent been notified and been given the
opportunity to get help/treatment?
● Who is the family doctor (phone number) listed on the
emergency card?
● Does the child take medication at school? Who is the
prescribing doctor?
● How is daily functioning impaired?
Not likely to be assigned: lack of medical treatment that
does not pose risk of serious harm
Specific Information Needed When
Reporting Neglectful Supervision
● Are latchkey kids waiting inside or outside of the home?
● Do they know what to do in case of an emergency?
● Do they have access to a phone/neighbor?
● Level of functioning, special needs, or behavioral
concerns?
● Are they watching younger siblings?
● Are they home alone?
Not likely to be assigned: latchkey kids age 6 and older, delinquent behavior by
child age 10 and older, reportedly dangerous animals present but no history of
injury to the child
Priorities for Investigations
● Priority 1 (immediate and within 24
hours)
● Priority 2 (within 72 hours)
The Agency assesses and determines the level of risk as it
related to possible harm to the child. The Agency has its
own assessment tools.
References and Resources for this
Portion of the Presentation
http://psychiatryonline.org/content.aspx?bookID=28&sectionID=1673332#5607
3
http://www.biomedsearch.com/article/Death-throes-professional-liability-
after/131605687.html
http://www.stopasuicide.org/docs/APASuicideGuidelinesReviewArticle.pdf
http://www.dfps.state.tx.us/Contact_Us/report_abuse.asp

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Ethics In Mental Health

  • 1. Ethics in Mental Health Erin A. Alexander, LPC Rebecca D. Nate, LPC
  • 2. Objectives ● Participants will be able to identify their professional responsibility as it relates to patient suicide risk ● Participants will be able to identify the specific information needed when reporting child abuse/neglect ● Participants will be able to identify the updates to the 2014 American Counseling Association Code of Ethics, and the updates to the Health Insurance Portability and Accountability Act ● Participants will be able to apply their knowledge of ethics to case scenarios
  • 3. Professional Responsibility and Suicide Risk The majority of tort actions filed against mental health professionals subsequent to a client's suicide are based on allegations of negligence (such as failure to follow established prevention guidelines) or malpractice (such as misdiagnosis, absent or inappropriate risk assessment, or inappropriate treatment interventions when suicide risk was identified).
  • 4. Did You Know? Asking the client if he or she is suicidal, if he or she has a plan, and if he or she has the means to carry out the plan is insufficient and reflective of negligence.
  • 5. Assessment of Suicide: Current presentation of suicidality • Suicidal or self-harming thoughts, plans, behaviors, and intent • Specific methods considered for suicide, including their lethality and the patient’s expectation about lethality, as well as whether firearms are accessible • Evidence of hopelessness, impulsiveness, anhedonia, panic attacks, or anxiety • Reasons for living and plans for the future • Alcohol or other substance use associated with the current presentation • Thoughts, plans, or intentions of violence toward others
  • 6. Assessment of Suicide Psychiatric illnesses (psychosocial history) • Current signs and symptoms of psychiatric disorders with particular attention to mood disorders (primarily major depressive disorder or mixed episodes), schizophrenia, substance use disorders, anxiety disorders, and personality disorders (primarily borderline and antisocial personality disorders) • Previous psychiatric diagnoses and treatments, including illness onset and course and psychiatric hospitalizations, as well as treatment for substance use disorders
  • 7. Assessment of Suicide History (Psychosocial history) • Previous suicide attempts, aborted suicide attempts, or other self-harming behaviors • Previous or current medical diagnoses and treatments, including surgeries or hospitalizations • Family history of suicide or suicide attempts or a family history of mental illness, including substance abuse
  • 8. Assessment of Suicide Psychosocial situation (Current and Psychosocial history) • Acute psychosocial crises and chronic psychosocial stressors, which may include actual or perceived interpersonal losses, financial difficulties or changes in socioeconomic status, family discord, domestic violence, and past or current sexual or physical abuse or neglect • Employment status, living situation (including whether or not there are infants or children in the home), and presence or absence of external supports • Family constellation and quality of family relationships • Cultural or religious beliefs about death or suicide • Individual strengths and vulnerabilities
  • 9. Assessment of Suicide Coping skills (Psychosocial history) • Personality traits • Past responses to stress • Capacity for reality testing • Ability to tolerate psychological pain and satisfy psychological needs
  • 10. Patient Reliability and Veracity Patients are not always reliable sources of information, especially about their suicidal wishes and impulses. When a suicide has occurred, one of the things our experts look for is evidence that the caregivers relied solely on the patient for information about suicide risk.
  • 11. Patient Reliability and Veracity Clinical decision makers know, or should know, the many reasons patients often provide inaccurate information in assessments. Cognitive deficits or psychosis may make them incapable of giving a complete history. They may want to avoid hospitalization or restriction. If already hospitalized, they may want to be discharged or given a pass. They may try to be honest with the examiner but be unable to assess their own future impulses. They may simply want to mislead the clinician into believing they aren’t suicidal so they will be free to kill themselves without interference. By the same token, so-called no-self-harm “contracts” are unreliable.
  • 12. Where to Obtain Information ● Family Members, significant others ● Other mental health professionals ● Medical professionals Be sure to have signed consents in the file and signed coordination of care forms in the file at the beginning of treatment
  • 13. Admission Generally Indicated After a suicide attempt or aborted suicide attempt if: • Patient is psychotic • Attempt was violent, near-lethal, or premeditated • Precautions were taken to avoid rescue or discovery • Persistent plan and/or intent is present • Distress is increased or patient regrets surviving • Patient is male, older than age 45, especially with new onset of psychiatric illness or suicidal thinking
  • 14. Admission Generally Indicated • Patient has limited family and/or social support, including lack of stable living situation • Current impulsive behavior, severe agitation, poor judgment, or refusal of help is evident • Patient has change in mental status with a metabolic, toxic, infectious, or other etiology requiring further workup in a structured setting In the presence of suicidal ideation with: • Specific plan with high lethality • High suicidal intent
  • 15. Admission May be Needed • After a suicide attempt or aborted suicide attempt, except in circumstances for which admission is generally indicated
  • 16. Admission May be Needed In the presence of suicidal ideation with: • Psychosis • Major psychiatric disorder • Past attempts, particularly if medically serious • Possibly contributing medical condition (eg, acute neurological disorder, cancer, infection) • Lack of response to or inability to cooperate with partial hospital or outpatient treatment
  • 17. Admission May be Needed • Need for supervised setting for medication trial or electroconvulsive therapy • Need for skilled observation, clinical tests, or diagnostic assessments that require a structured setting • Limited family and/or social support, including lack of stable living situation
  • 18. Admission May be Needed • Lack of an ongoing clinician-patient relationship or lack of access to timely outpatient follow-up • In the absence of suicide attempts or reported suicidal ideation/plan/intent but evidence from the psychiatric evaluation or history from others suggests a high level of suicide risk and a recent acute increase in risk
  • 19. Transitioning Over to Child Protective Reporting…. We are all aware of the procedures for reporting child abuse/neglect. None of this has changed and it is relatively the same across the nation. The issue is Specific Information Needed When Reporting
  • 20. Specific Information Needed When Reporting Physical Abuse ● Identifying Information ● Description of injury, location, instrument, size, shape? ● Punched, slapped, open or closed fist? ● Frequency?
  • 21. Specific Information Needed When Reporting Physical Neglect ● Weight change? ● Bleeding/infestation of lice? ● If you have done a home visit: exposed wiring, broken windows, rat/roach infestation, maggots, human/pet feces
  • 22. Specific Information Needed When Reporting Medical Neglect ● Has the parent been notified and been given the opportunity to get help/treatment? ● Who is the family doctor (phone number) listed on the emergency card? ● Does the child take medication at school? Who is the prescribing doctor? ● How is daily functioning impaired? Not likely to be assigned: lack of medical treatment that does not pose risk of serious harm
  • 23. Specific Information Needed When Reporting Neglectful Supervision ● Are latchkey kids waiting inside or outside of the home? ● Do they know what to do in case of an emergency? ● Do they have access to a phone/neighbor? ● Level of functioning, special needs, or behavioral concerns? ● Are they watching younger siblings? ● Are they home alone? Not likely to be assigned: latchkey kids age 6 and older, delinquent behavior by child age 10 and older, reportedly dangerous animals present but no history of injury to the child
  • 24. Priorities for Investigations ● Priority 1 (immediate and within 24 hours) ● Priority 2 (within 72 hours) The Agency assesses and determines the level of risk as it related to possible harm to the child. The Agency has its own assessment tools.
  • 25. References and Resources for this Portion of the Presentation http://psychiatryonline.org/content.aspx?bookID=28&sectionID=1673332#5607 3 http://www.biomedsearch.com/article/Death-throes-professional-liability- after/131605687.html http://www.stopasuicide.org/docs/APASuicideGuidelinesReviewArticle.pdf http://www.dfps.state.tx.us/Contact_Us/report_abuse.asp

Hinweis der Redaktion

  1. “Current” means that this can/should be assessed regularly. These are things that can change from visit to visit. “Psychosocial” means that this information is relatively static...not likely to change and the clinician gathers this at the time of the initial visit. Of course, as you get to know the client, information can be added to the psychosocial assessment over time.
  2. If a person is a danger to himself or others, you are able to share/obtain information as needed by law (HIPAA).
  3. Err on the side of caution and have the person admitted. Let the hospital psychiatric admission team make the determination of risk so that the liability is not on you!!
  4. We often get frustrated when investigations are not opened on cases that we report. It is helpful to see things from the perspective of the child protective agency; they have limited staff to deal with frivolous cases or those where there is not enough information provided. Example, many times custody cases are not going to meet the reporting criteria.
  5. Did YOU see the injuries and were YOU the outcry person?
  6. Example of not assigned: parent will not give child meds for ADHD
  7. Examples of not assigned: pre-teens smoking pot, pitbull in the home with children
  8. What may be “risk” to you make not qualify according to the assessment tools used by the child protective agency. Your job is to report the information and let the Agency handle the rest.