Legal Flashcards
what is the mental health act MHA 2003
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
how many Millan principles are there
10
how many criteria are there to fulfil for the MHA
5
what are the MHA criteria
- mental disorder
- significantly impaired decision making SIDM
- treatment required
- significant risk to self or others
- informal/voluntary care not appropriate
which mental disorders can be detained
mental health conditions
learning disabilities
personality disorders
what is SIDMA
patients are unable to make decisions about medical treatment due to their mental disorder
does SIDMA = incapacity
what is the difference
no
SIDMA arises from mental disorder alone
incapacity is from brain disease, physical disability or cognitive impairment
how can treatment be provided
nursing care psychological interventions rehab medications ECT Refeeding AHP intervention
How can a patient be at harm to themselves
suicide self harm wandering vulnerability poor self care
how can patients be of harm to others
aggression violence sexual assault intimidation arson
what are the different types of detention
Emergency - section 36
Short term - section 44
How long is an emergency detention
72 hours
How long is a short term detention
up to 28 days
Does an emergency detention authorise treatment
No
Who can authorise an emergency detention
FY2 and above
ideally with a mental health officer
can you appeal an emergency detention
no
who can carry out a short term detention
approved medical practitioner (psychiatrist) and mental health officer
can you appeal a short term detention
yes
what is a compulsory treatment order CTO
gets a mandatory tribunal to authorise treatment
how long is a CTO
6 months initially, then renew on a yearly basis
who needs to provide reports for a CTO
2 independent doctors and MHO
what kind of treatments can be given under the MHA
emergency
short term/CTO
when can emergency treatment be given in emergency detention
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
what should be completed after emergency treatment and when
T4 certificate should be completed after treatment up to 7 days
how long can treatment be given for under short term detention/CTO
2 months
which treatments cannot be given under the short term detention
ECT artificial nutrition vagus nerve stimulation transcranial magnetic stimulation any medication for the purpose of reducing sex drive neurosurgery
what is an advance statement
written statement by the patient when they are well stating how they would prefer to be treated if they became unwell in the future
can an advanced statement be overruled
yes
but it must be regarded
what is a named person
somebody to support the patient and protect their rights
what is an advocate
somebody who can make the patients voice heard stronger
who has a Nurses Holding Power
registered mental health nurse or intellectual disability nurse
how long is a nurses holding power
3 hours
what are policing powers
police removing someone to a place of safety from a public space
how long are policing powers
24 hours
what is consent
informed decision given from own free will
what is capacity
ability to make a decision
from which age can you assume someone has capacity
> =16 until proven otherwise
What is the adults with incapacity act AWIA 2000
framework for safeguarding the welfare of someone who lacks capacity
what are the principles of the AWIA 2000
- intervention must benefit the adult
- benefit cannot be achieved without the intervention
- take account of past and present wishes
- consult with other relevant people
- encourage adult to use residual capacity
what are the 3 components of the AWIA
section 47 certificate of incapacity
Power of attorney
Guardianship
what is the section 47 certificate
authorises practitioner to provide reasonable interventions related to treatment authorised
AWI section 47 authorises force, true or false
FALSE
unless immediately necessary and only for as long as is necessary
what is section 47 used for
authorise treatment of a physical disorder in someone without capacity to consent to that treatment
who completes AWI section 47
most senior clinician
how does power of attorney work
it is granted while the patient still has capacity in case it is lost in the future
what is guardianship
applied for by local authority or individuals when patient has lost capacity
granted by sheriff
what is applied to patients under 16 years old in terms of capacity
Gillick competence
how does incapacity in young people work
Children Act 1995
if a young person lack capacity, ask 1 (preferably both) parent for consent
is there an age limit for MHA
no
there are more safeguards under the MHA, true or false
true
why may you choose emergency detention over short term detention
if making arrangement for short term detention would cause an undesirable delay
what framework should be used in an emergency
AWIA - life saving short term interventions
MHA would require forms and MHO
