L15: Ethical And Legal Issues In Psychiatry Flashcards
What is competency
The cognitive ability to understand and weigh up the key issues relevant to the decision
What can mental illness to
Affect the ability to decide and therefore capacity
What are the 2 reasons for overruling refusal of treatment
1) mental illness interferes with normal values - therefore respecting the patients autonomy is to respect what the person would want when free from the depressive illness
2) best of interest to do so as they are suffering from a mental illness
Under what act can a patient be treated without reference to their capacity
Mental health act
What are the ethical issues with treating someone under the mental health act
- overriding a competent paints refusal assumes that the presence of a mental illness automatically makes someone incompetent
- it discriminates between physical and mental illness
How many routes of admission are there to be detained under the mental health act
3
What are the 3 routes of admission called
1) admission for assessment
2) emergency assessment
3) admission for treatment
What are the criteria’s for admission for assessment
1) have a mental disorder
2) dangerous
What can the admission for assessment be submitted by
Nearest relative
Or
Social worker
How many doctors must confirm the submitted admission for assessment
2 and 1 must be a psychiatrist
How many days does the admission for assessment lasts
28 days
What is the criteria for emergency assessment
1) must have a mental disorder
2) dangerous
How many doctors does the emergency assessment be supported by
1 doctors
How long can the patient be detained with the emergency assessment
72 hours
What are the criteria for admission for treatment
1) have a mental disorder
2) dangerous
3) mental illness that is treatable
Who can make the admission for treatment application
Social worker
What amendments have been made to the mental health act 1983 into the mental health act 2007
- Mental disorder is any disorder or disability of the mind
- introduced appropriate medical treatment test into the criteria of detention (admission for treatment)
- wider range of healthcare professionals can be involved - repsonsable clinician and approved mental health professional
- patient can apply for an order to displace the nearest relative
- treatment is only given if the patient consents or is incapabale of giving consent
- patient can be allowed supervised community treatment whilst still being subject to powers under the 1983 act.
What does a supervised community treatment allo
Patients with a mental disorder to live in the community whilst still being subject to powers under the mental health act
To be competent what must the patient be able to do
1) take in and retain information
2) understand the information
3) weigh up the information
4) communicate that decision
What is the issue with mental illness and mental capacity
Mental illness may affect the patients values without affecting their cognitive ability