Consent Flashcards
What three things do you need to know and understand in order to be able to consent?
The nature of the procedure
The purpose of the procedure
The implications of the procedure
What do you need to have before you can consent?
Capacity
What do you need to be able to do to have capacity?
Understand and retain information relevant to the decision in question
Believe that information
Weigh that information in the balance to arrive at a choice
From what age is capacity automatically assumed?
16
Under what age are you assumed to have no capacity?
<12
Can a parent overrule the wishes of a competent child?
No
What two acts are used to detain those without capacity?
Mental Health Act
Adult with incapacity act
What is the point of the mental health act?
Protects rights of people with a mental disorder
Ensures those with a mental disorder receive effective care & treatment
Overrides an individual’s right to self determination for their benefit in certain well defined circumstances
What are the five criteria needed for detention under the MHA?
- (Likely) Mental Disorder
- Significantly Impaired Decision Making Ability
- Determining treatment required (Giving treatment – STD & CTO)
- Significant risk: Health, safety or welfare of patient or others
- Informal/voluntary care not appropriate
What two kinds of detention are available under the MHA?
Emergency
Short term
What counts as a mental disorder?
Mental Illness
Learning Disability
Personality Disorder
What important things do not count as a mental disorder?
Sexual orientation Sexual deviancy Transsexualism Transvestism Dependence on or use of alcohol or drugs
Who can use the MHA?
F2 and above (emergency detention)
Approved medical practicitioner (short term detention and compulsory treatment order)
Police (place of safety order)
Courts
When should the MHA be used?
To give treatment
For patient/others safety
Other than loss of capacity what can cause need for detention under the MHA?
Significantly Impaired Decision Making Ability (SIDMA)
What is SIDMA?
As a result of a mental disorder, the patients ability to make decisions about medical treatment is significantly impaired- hallucinations may make them not want to stay in hospital etc
How long can you be detained for under emergency MHA?
72 hours
Who can give an emergency detention order?
F2+
What can you not do with an emergency detention order?
Treat
Can you appeal an emergency detention order?
No
When should an emergency detention order be used?
As a matter of urgency to detain the patient for the purpose of fully assessing mental state or where the patient is a significant risk to others.
Not enough time to order short term detention
Do you need a mental disorder to be able to be detained under emergency detention?
No, just suspected of it
How long can you be detained under a short term detention order?
28 days
What can you do with a patient under short term detention order?
Asses and treat
Who can issue a short term detention order?
Selected medical professionals with MHO consent
Can you appeal a short term detention order?
Yes
Who can appeal a short term detention order?
Patient and named individuals
What can a short term detention order lead to?
Compulsory treatment order
How long does a compulsory treatment order initially last?
6m
What does the patient need for a compulsory treatment order to be issued?
Proven mental disorder
Who can apply for a compulsory treatment order?
Approved Medical Practitioner plus Mental Health Office supported by 2 medical reports: 1 from AMP and generally 1 GP
What is mandatory with a compulsory treatment order?
Tribuneral
Can you appeal a compulsory treatment order?
Yes
If emergency treatment is needed which act should be used instead of MHA?
Adult with incapacity act
When can emergency treatment be given?
To save the patient’s life
To prevent serious deterioration in the patient’s condition
To alleviate serious suffering
To prevent the patient from being a danger to themselves or others
What treatment can be given under a Short Term Detention/ Compulsory Treatment Order
2 months medication
What treatment cannot be given under a a Short Term Detention/ Compulsory Treatment Order?
Electroconvulsive Therapy Nutrition by artificial means Vagus Nerve Stimulation Transcranial Magnetic Stimulation Any medicine given for the purpose of reducing sex drive Neurosurgery
