laws

Question 1

section 5 (4)

Answer 1

1. Nurses holding power

2. power to detain an in patient for 6 hours

Question 2

section 5 (6)

Answer 2

1. Doctor’s holding power

2. 72 hours holding until section2/3 can be implemented

Question 3

section 2 - what does it require?

Answer 3

1. 2 x responsible medical practitioners
   - section 12 approved
   - one with prior knowledge of patient
2. Approved mental health professional / nearest relative

Question 4

section 2 - duration?

Answer 4

28 days

Question 5

section 3 - what does it require?

Answer 5

1. 2 x responsible medical practitioners
   - section 12 approved
   - one with prior knowledge of patient
2. Approved mental health professional / nearest relative

Question 6

section 3 - duration

Answer 6

6 months

Question 7

section 17 - what does it require?

Answer 7

Responsible clinician can grant leave lawfully under section 17

Question 8

section 17 - what does it do

Answer 8

1. RC can grant lawful leave under section 17
2. does not require leave for hospital grounds
3. does not include forensic inmates

Question 9

section 136 - what does it do

Answer 9

1. enables police officer to remove a person found in a public space to place of safety
2. to permit assesment

Question 10

section 136 - duration

Answer 10

72 hours or until assessed by RMP/AMHP

Question 11

section 135

Answer 11

1. AMHP needs to apply for a section 135 warrant
2. provides police officers with power to enter private premises for the purpose of removing a person to a place of safety

Question 12

when is a community treatment order required?

Answer 12

1. used when it is necessary for patient to continue to recieve treatment after their discharge
2. responsible clinician is able to recall the patient to hospital if necessary

Question 13

what are the conditions of a CTO?

Answer 13

1. make themselves available for an examination

2. other conditions may be given

Question 14

what are the principles of ‘consent to treatment’?

Answer 14

1. determine if patients have capacity
2. lack of capacity - determine in patient’s best interest
3. if detained under MHA -appropriate medical treatment can be given even if against wishes

Question 15

what constitutes to ‘Deprivation of Liberty’?

Answer 15

1. patient is under continuous supervision and control
2. patient is not free to leave
3. patient lacks capacity to consent to these arrangements

Question 16

What is the role of an independant mental health advocate?

Answer 16

an advocate which can help patients who are under the mental health act

Question 17

what is the role of ‘independant mental capacity advocate’\/

Answer 17

advocate which can help patients who lack capacity under the mental capacity act

Question 18

what is the mental capacity act? (5)

Answer 18

1. assume a person has the capacity to make a decision themselves, unless it’s proved otherwise
2. wherever possible, help people to make their own decisions
3. don’t treat a person as lacking the capacity to make a decision just because they make an unwise decision
4. if you make a decision for someone who doesn’t have capacity, it must be in their best interests
5. treatment and care provided to someone who lacks capacity should be the least restrictive of their basic rights and freedoms