Legal Approval of Psychiatric Mental Health Nurse Practitioners (PMHNP) in Texas

to Conduct the Psychiatric Evaluation used by the Court in Determining if the Court will Commit a Patient to Treatment Involuntarily

Legal Approval of Psychiatric Mental Health Nurse Practitioners (PMHNP) in Texas

to Conduct the Psychiatric Evaluation used by the Court in Determining if the Court will Commit a Patient to Treatment Involuntarily

Description of the Legal Issue

In the light of Texas Administrative Code chap 404; sub-chap E; Rule §404.158 (1)(F), a person who is suspected to be in a mentally ill state, where he can cause harm to himself or his surroundings shall be provided with an immediate preliminary examination upon his arrival at the health care facility. This examination shall be conducted within 24 hours after apprehension (Texas Administrative Code, 2008). According to this clause, if a patient is in need of emergency treatment, the duration required for court approval may deteriorate his mental stability, which can become hazardous not only for the patient himself, but also for his surroundings.

Given such implacable situation of healthcare, PMHNPs shall be granted permission to proceed with the basic health treatment to the patient, who can better understand and treat the psychiatric status of the patient. At present, the court of Texas holds the exclusive right to involuntarily commit a patient of mental illness to the facility of mental health if the patient is suspected as a danger to himself and his surroundings. This legally exclusive authority of the court violates one of the basic rights of patients, who are receiving services of mental health.

According to section 2(A) of the Texas Administrative Code, a person cannot be detained for more than 24 hours after the initial detention hour (Texas Administrative Code, 2010). The authority is also the violation of basic human rights to live a life free of compulsion or coercion. Provided the situation of severe mental health of the patient, involuntary detention might incline the patient to show more aggressive and violating behavior (Involuntary Commitment, 2008). Therefore, in accordance with severity of patient's mental health state, Texas law shall grant PMHNPs the authority to engage in a psychiatric evaluation of such patients without looking forward to court orders.

Rationale as to, why this is a Legal Issue

Rationale behind this legal issue can be analyzed from three perspectives of the scenario. From a patient's perspective, delay in the court orders may become the cause of mental instability, which will be dangerous for the patient, as well as people around him. An act of involuntary commit or patient's detention may not be effective, given the severity of patient's mental illness (Involuntary Commitment, 2008). Hence, health laws of Texas shall descend the authority of psychiatric evaluation to PMHNP in order to prevent further complications in the process of heath care treatment to the patient, which is one of his most basic rights.

On the other hand, such approval may enhance professional practices of PMHNP nurses, who are familiar with basic clinical requirements of psychiatric ...