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Psychiatry > Legal > Flashcards

Legal Flashcards

1
Q

what is the mental health act MHA 2003

A

protects the rights of those with a mental health disorder

allows for treatment of mental disorder or its physical consequences in someone without capacity to consent

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2
Q

how many Millan principles are there

A

10

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3
Q

how many criteria are there to fulfil for the MHA

A

5

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4
Q

what are the MHA criteria

A
  1. mental disorder
  2. significantly impaired decision making SIDM
  3. treatment required
  4. significant risk to self or others
  5. informal/voluntary care not appropriate
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5
Q

which mental disorders can be detained

A

mental health conditions
learning disabilities
personality disorders

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6
Q

what is SIDMA

A

patients are unable to make decisions about medical treatment due to their mental disorder

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7
Q

does SIDMA = incapacity

what is the difference

A

no
SIDMA arises from mental disorder alone
incapacity is from brain disease, physical disability or cognitive impairment

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8
Q

how can treatment be provided

A 
nursing care
psychological interventions
rehab
medications 
ECT
Refeeding 
AHP intervention
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9
Q

How can a patient be at harm to themselves

A 
suicide
self harm 
wandering 
vulnerability 
poor self care
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10
Q

how can patients be of harm to others

A 
aggression 
violence
sexual assault 
intimidation 
arson
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11
Q

what are the different types of detention

A

Emergency - section 36

Short term - section 44

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12
Q

How long is an emergency detention

A

72 hours

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13
Q

How long is a short term detention

A

up to 28 days

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14
Q

Does an emergency detention authorise treatment

A

No

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15
Q

Who can authorise an emergency detention

A

FY2 and above

ideally with a mental health officer

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16
Q

can you appeal an emergency detention

A

no

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17
Q

who can carry out a short term detention

A

approved medical practitioner (psychiatrist) and mental health officer

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18
Q

can you appeal a short term detention

A

yes

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19
Q

what is a compulsory treatment order CTO

A

gets a mandatory tribunal to authorise treatment

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20
Q

how long is a CTO

A

6 months initially, then renew on a yearly basis

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21
Q

who needs to provide reports for a CTO

A

2 independent doctors and MHO

22
Q

what kind of treatments can be given under the MHA

A

emergency

short term/CTO

23
Q

when can emergency treatment be given in emergency detention

A

to save the patient’s life
prevent serious deterioration of the patient’s condition
alleviate serious suffering
prevent patient being a danger to themselves or others

24
Q

what should be completed after emergency treatment and when

A

T4 certificate should be completed after treatment up to 7 days

25
Q

how long can treatment be given for under short term detention/CTO

A

2 months

26
Q

which treatments cannot be given under the short term detention

A 
ECT
artificial nutrition 
vagus nerve stimulation 
transcranial magnetic stimulation 
any medication for the purpose of reducing sex drive 
neurosurgery
27
Q

what is an advance statement

A

written statement by the patient when they are well stating how they would prefer to be treated if they became unwell in the future

28
Q

can an advanced statement be overruled

A

yes

but it must be regarded

29
Q

what is a named person

A

somebody to support the patient and protect their rights

30
Q

what is an advocate

A

somebody who can make the patients voice heard stronger

31
Q

who has a Nurses Holding Power

A

registered mental health nurse or intellectual disability nurse

32
Q

how long is a nurses holding power

A

3 hours

33
Q

what are policing powers

A

police removing someone to a place of safety from a public space

34
Q

how long are policing powers

A

24 hours

35
Q

what is consent

A

informed decision given from own free will

36
Q

what is capacity

A

ability to make a decision

37
Q

from which age can you assume someone has capacity

A

> =16 until proven otherwise

38
Q

What is the adults with incapacity act AWIA 2000

A

framework for safeguarding the welfare of someone who lacks capacity

39
Q

what are the principles of the AWIA 2000

A
  1. intervention must benefit the adult
  2. benefit cannot be achieved without the intervention
  3. take account of past and present wishes
  4. consult with other relevant people
  5. encourage adult to use residual capacity
40
Q

what are the 3 components of the AWIA

A

section 47 certificate of incapacity
Power of attorney
Guardianship

41
Q

what is the section 47 certificate

A

authorises practitioner to provide reasonable interventions related to treatment authorised

42
Q

AWI section 47 authorises force, true or false

A

FALSE

unless immediately necessary and only for as long as is necessary

43
Q

what is section 47 used for

A

authorise treatment of a physical disorder in someone without capacity to consent to that treatment

44
Q

who completes AWI section 47

A

most senior clinician

45
Q

how does power of attorney work

A

it is granted while the patient still has capacity in case it is lost in the future

46
Q

what is guardianship

A

applied for by local authority or individuals when patient has lost capacity
granted by sheriff

47
Q

what is applied to patients under 16 years old in terms of capacity

A

Gillick competence

48
Q

how does incapacity in young people work

Children Act 1995

A

if a young person lack capacity, ask 1 (preferably both) parent for consent

49
Q

is there an age limit for MHA

A

no

50
Q

there are more safeguards under the MHA, true or false

A

true

51
Q

why may you choose emergency detention over short term detention

A

if making arrangement for short term detention would cause an undesirable delay

52
Q

what framework should be used in an emergency

A

AWIA - life saving short term interventions

MHA would require forms and MHO

Psychiatry (27 decks)

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