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Ethical Principles & Legal Frameworks in Psychiatric Nursing

Sep 14, 2025

Overview

This lecture covers ethical responsibilities and legal obligations in psychiatric mental health nursing, focusing on ethical theories, decision-making frameworks, Canadian legislation, and client rights.

Ethical Principles in Psychiatric Nursing

  • Autonomy means respecting clients' right to choose, but mental illness may impair capacity.
  • Beneficence is acting in the client's best interest.
  • Non-maleficence is avoiding harm to clients.
  • Justice means fair and equal access to care and resources.
  • Fidelity is maintaining loyalty and trust with clients.
  • Principle of impossibility states duties can't be met if circumstances make them impossible.

Major Ethical Theories

  • Deontology judges actions by rules and duties, emphasizing autonomy, fidelity, and non-maleficence.
  • Consequentialism (utilitarianism) bases decisions on outcomes, seeking the greatest good and least harm.
  • Virtue ethics emphasizes nurses’ character traits like compassion, honesty, and courage.
  • Relational ethics focuses on trust, mutual respect, engagement, and the nurse-client relationship.

Ethical Dilemmas and Moral Concepts

  • Ethical dilemmas arise when duties or principles conflict without a clear right answer.
  • Moral distress occurs when you know the right action but can't do it due to barriers.
  • Moral uncertainty is not knowing what the right action is.
  • Moral residue are lingering feelings after difficult ethical situations.
  • Moral resilience is adapting and maintaining integrity after challenges.

Legal Frameworks in Psychiatric Nursing (Ontario Focus)

  • The Mental Health Act allows voluntary, informal, and involuntary admissions.
  • Form 1: Physician-initiated application for assessment (risk to self/others, inability to care for self).
  • Form 2: Justice of the peace-initiated order for assessment.
  • Police can apprehend individuals without a warrant in emergencies.
  • After 72-hour assessment, clients are discharged, admitted voluntarily, or held involuntarily.
  • The Healthcare Consent Act governs treatment consent, capacity, and substitute decision-makers (SDM).

Client Rights and Protections

  • Clients have the right to informed consent if capable.
  • Substitute decision-makers or the Public Guardian and Trustee act when clients lack capacity.
  • Consent and Capacity Board reviews client decision-making ability.
  • Clients retain rights unless deemed incapable by legal process.
  • Community Treatment Orders (CTOs) allow mandated treatment in the community for some clients.

Research Ethics

  • Canadian Nurses Association Code of Ethics outlines professional standards.
  • Tri-Council Policy Statement defines three core research principles: respect for persons (informed consent), concern for welfare (protecting well-being), and justice (fairness in participation).

Key Terms & Definitions

  • Autonomy — the right of clients to make their own decisions.
  • Beneficence — the duty to act in a client's best interest.
  • Non-maleficence — the obligation to avoid causing harm.
  • Justice — fairness in distributing care and resources.
  • Fidelity — loyalty and maintaining trust.
  • Deontology — ethical theory judging actions by adherence to rules and duties.
  • Consequentialism — ethical theory guided by the outcomes of actions.
  • Virtue Ethics — ethical theory based on character traits.
  • Relational Ethics — ethical theory prioritizing relationships and context.
  • Form 1/2 — legal forms authorizing psychiatric assessment/admission in Ontario.
  • Substitute Decision-Maker (SDM) — appointed person making decisions for incapable clients.
  • Moral Distress — knowing the right action but barred from taking it.
  • Moral Uncertainty — unsure what the right action is.
  • Community Treatment Order (CTO) — mandated outpatient treatment for certain clients.

Action Items / Next Steps

  • Reflect on the case study: apply each ethical theory to the scenario provided.
  • Review the Canadian Nurses Association Code of Ethics.
  • Read the assigned textbook table comparing mental health legislation by province.