CBIS EXAM SECTION 8 QUESTIONS AND
ANSWERS VERIFIED SOLUTIONS 2024
Following a TBI, a person's legal rights... - ANSWER don't change; if it only if they can't enact rights
themselves that they will need a legal rep
4 types of law - ANSWER common, constitutional, statutory, and administrative
Common law - ANSWER developed from court decisions
Constitutional law - ANSWER based on the US constitution and the state constitution where the person
lives
Statutory law - ANSWER enacted by congress or state legislature; later forms a code
Administrative law - ANSWER from administrative agencies, statute, congress, or state legislature;
creates rules or regulations
Examples of basic rights under the patient bill of rights - ANSWER be treated with respect, not be denied
services for any discriminatory reason, receive and send unopened mail, manage financial affairs, not
needing to have someone listening during a crisis call, have personal property that no one can access,
confidentiality, achieve the highest level of independence possible
Basic characteristics of a patient's bill of rights - ANSWER posted in a prominent place in the program,
program participants have the same rights as other citizens
Use of seclusion and restraint - ANSWER violates constitutional rights of the person; only as a last resort
and there is imminent danger
Youngberg v Romeo - ANSWER seclusion and restraint violates the constitutional rights of the person
, What the JC and CARF say about seclusion and restraint - ANSWER only used as a last resort and if there
is imminent danger
Deaths due to restraint - ANSWER a number of people die each year from it due to positional asphyxia
that leads to suffocation
Guidelines for using seclusion and restraint - ANSWER needs to be stated clearly by a professional, has to
be evaluated before and after by a MH professional
Medically prescribed restraints and example - ANSWER different than the bad type of restraint because
they are for the safety of the person; example = wheelchair lap belt
The relationship between legal rights and ethical standards - ANSWER legal rights are anchored in ethical
standards, but ethical standards exceed legal rights
Principles of ethical standards - ANSWER legal terms and concepts; autonomy, beneficence, competence,
compliance, confidentiality, loyalty, non-discrimination, respect, and truthfulness
Legal terms and concepts... - ANSWER vary from state to state, since these are governed by state law
Competency or capacity - ANSWER only a court can decide if someone is legally incompetent
Guardianship types - ANSWER of the person, of the estate, plenary guardianship
Guardian of the person - ANSWER makes personal decisions for the ward; makes sure they have food,
shelter, education, etc.
Guardian of the estate - ANSWER manages only the finances and property of the ward
Plenary guardianship - ANSWER cares for both the person and the property of the ward
ANSWERS VERIFIED SOLUTIONS 2024
Following a TBI, a person's legal rights... - ANSWER don't change; if it only if they can't enact rights
themselves that they will need a legal rep
4 types of law - ANSWER common, constitutional, statutory, and administrative
Common law - ANSWER developed from court decisions
Constitutional law - ANSWER based on the US constitution and the state constitution where the person
lives
Statutory law - ANSWER enacted by congress or state legislature; later forms a code
Administrative law - ANSWER from administrative agencies, statute, congress, or state legislature;
creates rules or regulations
Examples of basic rights under the patient bill of rights - ANSWER be treated with respect, not be denied
services for any discriminatory reason, receive and send unopened mail, manage financial affairs, not
needing to have someone listening during a crisis call, have personal property that no one can access,
confidentiality, achieve the highest level of independence possible
Basic characteristics of a patient's bill of rights - ANSWER posted in a prominent place in the program,
program participants have the same rights as other citizens
Use of seclusion and restraint - ANSWER violates constitutional rights of the person; only as a last resort
and there is imminent danger
Youngberg v Romeo - ANSWER seclusion and restraint violates the constitutional rights of the person
, What the JC and CARF say about seclusion and restraint - ANSWER only used as a last resort and if there
is imminent danger
Deaths due to restraint - ANSWER a number of people die each year from it due to positional asphyxia
that leads to suffocation
Guidelines for using seclusion and restraint - ANSWER needs to be stated clearly by a professional, has to
be evaluated before and after by a MH professional
Medically prescribed restraints and example - ANSWER different than the bad type of restraint because
they are for the safety of the person; example = wheelchair lap belt
The relationship between legal rights and ethical standards - ANSWER legal rights are anchored in ethical
standards, but ethical standards exceed legal rights
Principles of ethical standards - ANSWER legal terms and concepts; autonomy, beneficence, competence,
compliance, confidentiality, loyalty, non-discrimination, respect, and truthfulness
Legal terms and concepts... - ANSWER vary from state to state, since these are governed by state law
Competency or capacity - ANSWER only a court can decide if someone is legally incompetent
Guardianship types - ANSWER of the person, of the estate, plenary guardianship
Guardian of the person - ANSWER makes personal decisions for the ward; makes sure they have food,
shelter, education, etc.
Guardian of the estate - ANSWER manages only the finances and property of the ward
Plenary guardianship - ANSWER cares for both the person and the property of the ward
