Howard V Zonana | PubMed Health

PubMed2003

Legal considerations in the child psychiatric emergency department.

Clinicians who practice in the child psychiatric emergency department have the complex task of evaluating the mental health or substance abuse needs of children, adolescents, and their families during times of crisis. Adding to this challenging clinical task are multiple legal considerations with which the clinician must be familiar. The precise impact of these legal issues varies from state to state. Some of these legal considerations are present at the start of the evaluation (consent for evaluation or treatment), during the evaluation (psychiatric hospitalization), and at the end of an evaluation (mandatory reporting of suspected child abuse and duty to warn or protect third parties from harm). Other issues (confidentiality and consent for release of information) are present at all stages of the evaluation and continue long after the evaluation has been completed. Clinicians who evaluate the psychiatric needs of children and adolescents are urged to review their local state laws relating to civil commitment, confidentiality, and mandatory reporting.

Adolescent↗

PubMed2003

Competency to be executed and forced medication: Singleton v. Norris.

Singleton v. Norris is a decision by the Eighth Circuit Court of Appeals stating that forced psychotropic medication can be continued after the date of execution is set if the medication had been given previously to prevent the inmate from being dangerous in the prison setting under a Harper-type review. The defendant had argued that after the date of execution was set, it was no longer in his medical interests to continue the medication. In the decision, the majority held that the fact that an execution is in the offing does not alter the medical interests for which the medication had been prescribed, and physicians should just continue to treat the medical condition. This decision may raise ethics problems for physicians in such settings, because they may be in violation of the American Medical Association (AMA) Code of Ethics if the original override is dubious.

Arkansas↗