Chapter 16: The Law And Mental Health Flashcards
Insanity
A term used in the legal system instead of “mental illness” based on legal definitions of who is responsible for an even an the person’s mental state at the time of the crime.
M’Naghten rule
Rule adopted in the British legal system stating that mental illness could be used a defense only if 1) there is the presence of a mental disorder and 2) there is a lack of comprehension of the nature or wrongfulness of the act.
Volitional test
Test adopted in Alabama in 1880s for not guilty by reason of insanity in which mental illness made the person unable to control himself even though he knew the difference between right and wrong.
Durham rule
Individual is not criminally responsible if his unlawful act is the product of mental disease.
ALI rule
A person is not responsible for criminal conduct if at the time of such conduct as the result of mental disease he lacks the capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of the law.
Informed consent (in mental health treatment)
The principle that the client has the right to know what will take place in the therapy session and the nature of the therapist-client relationship: after being informed of the nature of therapy the client can consent to be treated or not.
Confidentiality
Health care professionals are not allowed to discuss information learned in therapy session in any other context.
Privileged communications
Legal term for confidentiality
Health insurance portability and accountability act of 1996 (HIPPA)
US law that protects the privacy of health care records
Mandated reporting
Ah exception to the principle of confidentiality: healthcare professionals must report child abuse or neglect
Patient self-determination act (PSDA) it 1991
Federal requirements to implement directive policies at all health care facilities that receive funding through Medicaid/Medicare programs.
Psychiatric advance directives
Allows person with mental heart problems to submit specific instructions for possible treatment.
Sexually violent predator or sexually dangerous person status
Laws that allow person convicted of a sexual crime to be held after his/her sentence has been completed; based on the belief that these individuals represent a threat to public safety if they are released.
