Ethics And The Law

Question 1

What does MHA section 2 mean?

Answer 1

Admission for assessment for up to 28days.

Needs 2 doctors (one must be approved under section 12(2) of the MHA.

Question 2

What does the MHA section 3 mean?

Answer 2

Admission for treatment (up to 6 months)

Question 3

What does MHA section 4 mean?

Answer 3

72hour assessment order (emergency)

By a GP and AMHP (approved mental health professional)or NR (nearest relative)

Question 4

In the MHA what does a section 5(2) mean?

Answer 4

A patient who is voluntary in hospital can be detained by a doctor for 72hours

Question 5

What is section 5(4) of the MCA?

Answer 5

Nurse can detain a voluntary pAtient for 6hours

Question 6

What’s section 17a of the MHA?

Answer 6

Supervised community team

Question 7

What’s MHA section 135?

Answer 7

A court order for police to break into property to removed a person to a safe place

Question 8

What’s MHA section 136?

Answer 8

Police can take a person in a public place to a place of safety

Question 9

What is the mental health act?

Answer 9

To regulate the circumstances in which the liberty of persons who are mentally disordered may be restricted and where there is conflict balance their interests against those of public policy

Question 10

What is the mental capacity act?

Answer 10

It provides the legal framework for acting and making decisions on behalf of individuals who lack the mental capacity to make particular decisions for them selves.

Question 11

What are the 5 key principles of the MCA?

Answer 11

1) assume capacity unless established otherwise
2) make steps to help person make a decision, don’t treat as if they are unable
3) an ‘unwise’ decision still means they can make a decision
4) if decisions are made on behalf of pt, must be in pts best interest
5) see if the decision could be made in a way that is less restrictive of the persons rights and freedom of action.

Question 12

What is needed to have capacity

Answer 12

Ability to understand the information
Able to retain info
Able to use/weigh up information
Able to communicate the decision

Free from undue pressure eg peer pressure

Question 13

What are the principles of the mental health act?

Answer 13

Purpose principle - promoting well being and protecting others from harm
Least restrictive principle - as much liberty as possible
Respect principle- no discriminations
Participation principle- take persons wishes into account as much as possible

Question 14

What’s section 47/49?

Answer 14

Leave from prison to seek treatment?

Question 15

Section 4?

Answer 15

.

Question 16

If a pt doesn’t have capacity know makes the decision?

Answer 16

Act in the best interest. Uses doctors, relative and IMPCA

Question 17

What’s section 37/41?

Answer 17

Hospital order with restriction direction for more serious offences
37- magistrate or crown court
41- added home office approval condition

Question 18

What is section 35 and 36?

Answer 18

After arrest before trial.
35- to hospital for report
36- to hospital for treatment

Question 19

What’s section 38?

Answer 19

Interim hospital order to evaluate response to treatment up to 6months

Question 20

What’s section 48/49?

Answer 20

Unsetenced prisoner, resistiction order from the home office.

Question 21

What’s section 37?

Answer 21

Hospital order as a section 3

Question 22

What’s section 47/49?

Answer 22

Transfer direction, from prison to hospital for treatment but back to prison when treated.

Question 23

What’s section 57/58?

Answer 23

Consent for treatment