CM07- Mental Health Act 1992 Flashcards
Define Mental Disorder
An abnormal state of mind by disorders of mood, perception, violation or cognition of such a degree that it:
- poses a serious danger to the health and safety of that person or of others,
OR
- seriously diminishes the capacity of that person to take care of himself or herself.
Define Mental Disorder
An abnormal state of mind by disorders of mood, perception, violation or cognition of such a degree that it:
- poses a serious danger to the health and safety of that person or of others,
OR
- seriously diminishes the capacity of that person to take care of himself or herself.
Define Restricted Patients…….
These are patients who are subject to a compulsory treatment order but are considered to present a danger to the public.
Define Special patients…….
These patients are subject to a court order if they are found to be criminally insane or unfit to plead. This category also includes people on remand for a psychiatric report.
What is the power to return special and restricted patients to hospital and the timeframe?
Patients who have absconded or are absent without leave maybe apprehended and returned to hospital AT ANY TIME
What is the power to return an in patient subject to a compulsory treatment order to a hospital?
Patient who is absent without leave or fails to comply with an order maybe apprehended and RETURNED/TAKEN TO HOSPITAL IF APPREHENDED WITHIN THREE MONTHS OF GOING MISSING.
Deemed to be released from compulsory treatment order if missing for more than three months . New application for assessment must be completed.
What is the period of time for which people can be detained for mental health assessments?
6 HOURS MAX
Who may apply for another person to undergo a compulsory mental health assessment?
Applications can be made by anyone over the age of 18 years , Normally it will be made by a relative or the doctor who carries out the initial examination.
Powers of Entry
Section 109
Public place- you can detain the person and take to a place for assessment (ideally a health facility) if you think they may be mentally disordered.
Powers of Entry (private place)
S110 Mental Health Act
DR REQUESTS ASSISTANCE
- urgent med exam
- administering sedative
- urgent assessment
You Can: ENTER, DETAIN, TAKE TO PLACE FOR ASSESSMENT.
Powers of Entry (private place)
S41 Mental Health Act
DAO REQUESTS ASSISTANCE
- urgent assessment at home or another place (s38 4(b) or (d) )
- return a patient to hospital (s40(2))
You Can: ENTER, DETAIN, TAKE TO PLACE FOR ASSESSMENT. RETURN A PATIENT TO HOSPITAL.
Powers of Entry
- Reasonable grounds to suspect serious and immediate risk to life or safety of any person.
SASA section 14- Power to enter and take action to avert emergency.
