What must the nurse obtain from the patient in order for medical information to be released to another health care facility or third party regarding a patient diagnosed with a mental illness?
A signed consent by the patient
A verbal consent from the patient and the patient’s guardian or next of kin
Approval from the attending psychiatrist
Permission from members of the health care team
The Correct Answer is A
Choice A reason: HIPAA requires signed patient consent for releasing medical information to third parties, ensuring patient autonomy and confidentiality. This legal standard applies to mental health records, protecting sensitive data, making this the correct choice for information release.
Choice B reason: Verbal consent, even with a guardian, is insufficient under HIPAA, which mandates written authorization for protected health information. This ensures clear documentation, making this choice incorrect, as written consent is the legal standard.
Choice C reason: Psychiatrist approval does not replace patient consent for releasing information. HIPAA prioritizes patient authorization, and provider approval alone violates privacy regulations, making this choice incorrect for legal information release protocols.
Choice D reason: Health care team permission is irrelevant to releasing information, as only the patient’s signed consent is legally required. Team collaboration does not override HIPAA’s patient-centered consent rules, making this choice incorrect.
Nursing Test Bank
Naxlex Comprehensive Predictor Exams
Related Questions
Correct Answer is B
Explanation
Choice A reason: A provider giving a telephone order is a standard practice in healthcare, not inherently requiring reporting unless the order is unsafe. It does not indicate negligence or ethical violations, unlike impaired practice or boundary issues, making it incorrect for mandatory intervention and reporting.
Choice B reason: A peer under the influence of alcohol compromises patient safety due to impaired judgment and coordination, a serious ethical and professional violation. Nurses are obligated to report such behavior to protect patients, aligning with nursing ethics and safety protocols, making this a correct choice.
Choice C reason: Violating relationship boundaries with a patient, such as inappropriate personal interactions, breaches ethical standards and risks patient harm. Nurses must report this to ensure patient safety and maintain professional integrity, aligning with mental health care ethics, making this a correct choice.
Choice D reason: A licensed provider prescribing medication is a routine clinical action, not requiring reporting unless the prescription is unsafe or inappropriate. This choice does not inherently indicate a need for intervention, unlike impaired practice or boundary violations, making it incorrect.
Correct Answer is B
Explanation
Choice A reason: Fraudulent bankruptcy is a legal or ethical violation, not a psychiatric emergency. Involuntary hospitalization requires evidence of imminent danger to self or others due to a mental disorder. This behavior, while illegal, does not inherently indicate a mental health crisis necessitating forced psychiatric intervention, making this choice incorrect.
Choice B reason: Threatening harm to self and others meets legal and clinical criteria for involuntary hospitalization, as it indicates imminent danger due to a psychiatric condition. Mental health laws, such as the Baker Act, prioritize safety when a patient’s mental state poses significant risk, making this the correct choice for forced admission.
Choice C reason: Selling and distributing illegal drugs is a criminal act, not necessarily linked to a mental health crisis requiring involuntary hospitalization. While substance use disorders may involve psychiatric issues, this behavior alone does not demonstrate imminent danger due to mental illness, making it inappropriate for forced treatment.
Choice D reason: Noncompliance with treatment, while concerning, does not inherently indicate imminent danger or severe mental instability requiring involuntary hospitalization. It may reflect patient autonomy or other factors, not acute psychiatric risk. This choice fails to meet the legal or clinical threshold for forced admission, making it incorrect.
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