Americans with Disabilities and Baker Act Analysis

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Table of Contents

Federal and State Level Policies
How Each Policy Works
Impact on Population
Evidence That Informs Each Policy
The Role of Nurses in Policy Development
References

Federal and State Level Policies

The federal and state-level policies chosen about mental health are the Americans with Disability Act (ADA) and Baker Act respectively. Mental health as a current topic is critical in the sense that many people encounter difficulties when it comes to managing mental disorders due to lack of knowledge and access to treatment. ADA was introduced in 1990 with the aim of helping protect those living with disability against any form of discrimination, especially at the workplace (Blanck, 2021). On the other hand, Baker Act, also known as Florida Mental Health Act was enacted in 1971 “to allow for involuntary institutionalization and examination of an individual” (Maniaci et al., 2019, p.463). In simpler terms the Act was introduced to intervene on behalf of those suffering from mental illness.

How Each Policy Works

ADA consists of four different sections also referred to as titles – the four titles make ADA mandatory. The Department of Justice is responsible for enforcing ADA through lawsuits and other settlement agreements with the aim of achieving great inclusion and access. In the Baker Act, a probate court is responsible for enforcing and administering the policy. More specifically, once a person is found to be suffering from a mental illness, the court will be tasked with the responsibility of initiating an involuntary commitment proceeding (Maniaci et al., 2019). Once the evidence shows that the individual is in need of care, the providers and legal officials will collaborate in identifying a suitable form of commitment for the patient.

Impact on Population

American with Disability Act (ADA)

The specific population that will benefit largely from ADA Act comprises all the individuals living with disability – it exists to provide protection from any form of discrimination. However, this Act does not negatively impact any population except those who fail to report their condition. Despite the Act helping ensure those living with disability receive the necessary care, health disparities still exist due to lack of knowledge of ADA.

Baker Act

This Act benefits a lot of individuals suffering from mental illness, especially those who are not aware of their safety. This Act will ensure they receive proper medication and care. However, there are a few individuals who will be negatively affected by this Act – those who may be involuntarily committed as a result of false allegations. Although the Act has contributed a lot to improving access to mental health, health disparities still exist, especially due to a lack of financial resources and access to mental healthcare facilities.

Evidence That Informs Each Policy

Americans with Disability Act (ADA)

ADA has been in existence for over thirty years now. Blanck (2021) carried out a study to highlight the evolutionary journey of the Act. As evidenced by the author, the ADA approach to disability reflects the Civil Rights Model that started influencing U.S. government policy about disability in the 70s. However, the courts, thirty years down the line, are still addressing the definitional questions surrounding disability. The evidence supports the chosen policies in that it justifies why the Americans with Disabilities Act Amendments Act (ADA) was adopted. The Baker Act, on the other hand, was adopted to help ensure those suffering from mental disorders receive the care they deserve. Maniaci et al. (2019) focused their study on identifying and discussing “the specific threats of harm to others that led to the adoption of the Act” (p.465). The evidence supports the Baker Act as it strives to show some of the threats that warrant involuntary institutionalization.

The Role of Nurses in Policy Development

Nurses’ role in policy development revolves around providing feedback on the current policies and, at the same time, raising concerns on the issues that affect patients – this helps with the development of new policies. In addition to this, nurses can also impact the revision of the policy at the federal and state levels (Salvage & White, 2019). At the federal level, nurses can assist with the revision of the ADA by providing lawmakers with evidence on patient outcomes. At the state level, nurses could help with the revision of the Baker Act by developing new amendments aimed at preventing some individuals from misusing it.

Barriers to the Nurse’s Engagement

Nurses encounter numerous barriers in their engagement with the following healthcare policy areas: development, administration, and revision. Firstly, some of the barriers that hinder a nurse’s participation in the development of healthcare include a lack of knowledge, interest, and desire (Salvage & White, 2019). Secondly, in administration, nurses may encounter barriers such as insufficient experience, role understanding, and unwillingness to lead. Lastly, lack of energy is the greatest barrier to revision – most of them have many other titles to carry and, as such, may have limited time to engage in policy revision.

Ways of Engaging with Healthcare Policy

Nurses must participate in policy development to improve care delivery. At my level, one of the ways I will engage in developing and administrating healthcare policy is by learning how to advocate for my patients by joining organizations such as the American Nurses Association. Similarly, I will rely on my critical thinking skills to identify areas where the policy requires revisions to ensure it benefits my patients.

References

Blanck, P. (2021). On the importance of the Americans with Disabilities Act at 30. Journal of Disability Policy Studies, 10 (4), 420-700. Web.

Maniaci, M. J., Burton, M. C., Lachner, C., Vadeboncoeur, T. F., Dawson, N. L., Roy, A., & Rummans, T. A. (2019). Patients threatening harm to others evaluated in the ED under the Florida Involuntary Hold Act (Baker Act). Southern Medical Journal, 112(9), 463. Web.

Salvage, J., & White, J. (2019). Nursing leadership and health policy: Everybody’s business. International Nursing Review, 66(2), 147-150. Web.

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