Ethics And Law Flashcards
Mental Capacity Act for treatment of physical disorder basis?
Framework to act and decide on behalf of incapable people
-based on best interests “what would he/she have wanted”
(I.e. based on autonomy and implementing the values of that person)
What considerations may be had when evaluating best interests under mental capacity act?
- past and present wishes
- beliefs/values likely to influence decision
- permit/encourage pt to participate as fully as possible in any decision
How does the treatment for a mental disorder under MH Act 2007 differ from the basis of Mental Capacity Act (autonomy/best interests based)
- based on appropriateness and necessity
- ethical basis is paternalistic (applying others values to the individual) and justice based (social welfare/protection)
Section 3 of the MH Act is an order for what? Lasts up to how long?
A treatment order
Lasts up to 6months
Section 3 (treatment order up to 6months) involves certain criteria for detention, name 2:
- a mental disorder (there are some disorders excluded eg addiction)
- disorder of nature/degree that makes it appropriate they be detained in hospital for rx
- necessary in interests of their own or others protection
- appropriate medical rx is available
What 3 people can discharge from a section 3 mental health act detention?
- Responsible Clinician (RC)
- ‘nearest relative’ but can be blocked by RC
- Mental Health Tribunal
Who is involved in chairing a Mental Health Tribunal? (3 people)
- a lawyer
- a doctor
- a layperson
Section 2 lasts up to 28 days and it’s purpose is what?
Assessment
Section 4 is 72hours, what is the purpose?
Emergency
What is the difference between a section 37 and a 41 (both based on criminal and holding)
- 37 is a hospital order (like section 3) but it’s made by a criminal court after conviction, open ended time frame (discharge can be by RC or MHT)
- 41is an addition to this for bad enough offences, in this case gives ministry of justice powers and RC cannot discharge pt without permission
