Hospital Admission

Question 1

What are is the scope of Doctors’ and Nurses “Holding Powers”?

Answer 1

Short - term detention of patient already in hospital under section 5 MHA 1983

Question 2

Specify the Doctors “Holding Powers”?

Answer 2

Under Section 5(2): Used by RC or AC in charge P’s treatment. P MUST be an inpatient and doctor is of a view that an application ought to be made for admission of P to hospital

Question 3

Specify the Nurses “Holding Powers”?

Answer 3

Under Section 5(4): Used by a ‘Prescribed Class Nurse”.
Patient must be receiving treatment for mental disorder as an inpatient in a hospital and nurse must be satisfied that P is suffering from MD, ‘to a degree that is necessary’ for the protection of others for him to be immediately restrained from leaving hospital AND it is not practicable to secure the immediate attendance of a practitioner for the purpose of furnishing a report under 5(2).

Question 4

For how many hours can a doctor authorise short term confinement?

Answer 4

72 hours

Question 5

For how many hours can a nurse authorise short term confinement?

Answer 5

6 hours

Question 6

What section of the MHA 1983 governs “Emergency Admission”?

Answer 6

Section 4

Question 7

What entails a section 4 MHA 1983?

Answer 7

An application by AMHP or NR
If urgency necessity for P to be admitted under section 2
Compliance with need to obtain 2 MR’s would result in unnecessary delay

Question 8

What is Section 2 MHA 1983?

Answer 8

Admission for Assessment

Question 9

What is the legality of Admission for Assessment?

Answer 9

Application must be made by AMHP or NR; the P is suffering from MD; nature or degree that warrants the detention of the P in a hospital for assessment; and the P ought to be detained in his best interests

Question 10

How Medical Recommendations must support an application?

Answer 10

2

Question 11

What can happen to patient detained under section 2?

Answer 11

They can receive compulsory medical treatment under the provision of Part 4 MHA 1983

Question 12

How long can a section 2 admission be for?

Answer 12

A maximum of 28 days, and is non-renewable.

Question 13

Does the Patient have a right to challenge his detention under section 2?

Answer 13

Patient has the right to challenge their detention in a tribunal in the first 14 days.

Question 14

What happens if the detention under section 2 lapses and no further action has been executed?

Answer 14

The individual ceases to be subject to compulsion under the Act.

Question 15

What happens if the individual ceases to be subject to compulsion under the Act whilst in hospital?

Answer 15

They become an informal patient.

Question 16

What happens if the individual ceases to be subject to compulsion under the Act whilst on leave of absence form hospital?

Answer 16

Under Section 17, they move outside the terms and authority of the Act entirely.

Question 17

What section governs the Admission for Treatment?

Answer 17

Section 3 MHA 1983

Question 18

Who makes an application under section 3 MHA 1983 entail?

Answer 18

Application made by the AMHP or NR

Question 19

What is the criteria for Admission for Treatment?

Answer 19

Patient suffering from MD; of a nature or degree which makes it appropriate for him to receive medical treatment in hospital; treatment cannot be provided unless P is detained under this section; it is necessary for the health and safety of P and protection of others

Question 20

What is the most important criterion in Section 3?

Answer 20

Appropriate medical treatment is available for him

Question 21

How long can section 3 admission last for?

Answer 21

They can last up till 6 moths unless the patient is discharged.

Question 22

What does section 145 entail?

Answer 22

The definition for medical treatment in surplus of section 3

Question 23

What is the definition of medical treatment under the MHA 1983?

Answer 23

Section 145 - any medical treatment shall be construed as a reference to medical treatment the purpose of which is to alleviate, or prevent a worsening of, the disorder or one or more of its symptoms or manifestations.