The unlawful restraint of a patient can be a legal pitfall for the PMHNP. K.W. was found eating hamburgers out of a Mcdonald’s dumpster and drinking water from an old water hose. She had not taken a bath in weeks. She refused to live in an apartment because she wants to “live off the fat of the land.”
- Cite the Baker Act law to defend your position.
The Baker Act is a Florida Mental Health Act that allows for involuntary examination and treatment of individuals who are believed to have a mental illness and who may be a danger to themselves or others or are unable to meet their basic needs due to their condition. The Baker Act primarily applies to mental health crises. However, it provides a framework to balance individual/family autonomy with the state’s duty to protect the health and safety of a minor.
Cite the Baker Act law
It is applies in instances when parents refuse necessary medical treatment for their child due to personal beliefs—including a preference for natural therapies over evidence-based care. The Baker Act reinforces the state’s authority to override parental refusal of necessary care if a child’s mental or physical health is endangered due to lack of appropriate medical intervention.
- Find one newspaper article written in the last 5 years that supports your position. Summarize the details of the case and the laws cited
Submission Instructions:
- Your initial post should be at least 500 words, formatted, and cited in current APA style with support from at least 2 academic sources. Your initial post is worth 8 points.
- You should respond to at least two of your peers by extending, refuting/correcting, or adding additional nuance to their posts. Your reply posts are worth 2 points (1 point per response.)
- All replies must be constructive and use literature where possible.