Lagal aspects of psychiatry Flashcards
Why do we have the mental health law?
○ Power to provide compulsory care and treatment for people with a mental disorder
○ Rights and safeguards to make sure those powers are used appropriately
○ Duties on NHS Boards and local authorities to provide a wide range of services for people with a mental health disorder
What are the section 1 (Millan) prinicples of the mental health (care and treatment) (Scotland) Act 2003?
- Non-discrimination
- Equality
- Respect for diversity
- Reciprocity
- Informal care
- Participation
- Respect for carers
- Least restrictive alternative
- Benefit
- Child welfare
In the Mental health (care and treatment) (Scotland) Act 2003 section 328 defines a mental disorder as what?
- any mental illness,
- personality disorder or
- learning disability
- however caused or manifested
In the Mental health (care and treatment) (Scotland) Act 2003 section 328 says a mental disorder is not only defined as what?
- Sexual orientation
- Sexual deviancy
- Transsexualism
- Transvestism
- Dependence on, or use of, alcohol or drugs
- Behaviour that causes, or is likely to cause, harassment, alarm or distress to any other person
- Acting as no prudent person would
Who can be detained?
- > 18yrs
- < 18
□ Can still be detained
□ Need child / adolescent specialist (CTO etc)
□ Use specialist resources (where ever possible)
What is an emergency detention certificate EDC?
- Authorises detention for up to 72 hours
- Registered medical practitioner
What is a short term detention certificate STDC?
- Authorises detention for up to 28 days
- Approved medical practitioner
What is a compulsory treatment order CTO?
- Authorises detention for up to 6 months
- Application made to the mental health tribunal by mental health officer for the granting of CTO
- Tribunal considers evidence and makes decisions
- Mental health reports (GP and mental health practitioner or 2 approved mental health practitioners)
What is the nurses holding power?
Authorises detention for up to three hours (changed in 2015 Act)
What are the criteria for detainment under the Mental health (care and treatment) (Scotland) Act 2003?
- Mental disorder
- Significant Impairment of Decision Making Ability for medical treatment about mental disorder
- Significant risk to health, safety or welfare of the person or the safety of any other person
- Treatment available
- Order necessary
Who are the important others in the Mental health (care and treatment) (Scotland) Act 2003?
- Named Person
□ A right to be party to proceedings
□ Since 30th June 2017 – must be nominated by the patient and witnessed and the named person must have witnessed acceptance - Access to Advocacy
□ Right of every person with a mental disorder
What is classed as an adult in the Adults with incapacity (Scotland) Act 2000?
A person over the age of 16 years
What does incapable mean in the Adults with incapacity (Scotland) Act 2000?
○ Incapable of: - Acting; or - Making decisions; or - Communicating decisions; or - Understanding decisions; or - Retaining memory of decisions ○ A person shall not fall within this definition by reason only of a lack of deficiency in a faculty of making communications if that lack or deficiency can be made good by human or mechanical aid
What are the principles of the Adults with incapacity (Scotland) Act 2000?
- The intervention must benefit the adult
- Any intervention shall be the least restrictive in relation to the freedom of the adult, consistent with the purpose of the intervention
- Account must be taken of the past and present wishes of the adult
- Where practicable, account should be taken of
□ the views of relatives and carers
□ the views of relevant others (guardians, attorneys, etc.)
What are the powers in the Adults with incapacity (Scotland) Act 2000?
- Intervention Order □ One off power required □ Application to the court - Guardianship Order □ Someone else is appointed to make decisions on behalf of the adult (financial or welfare or both)
