Legal Aspects Flashcards
When is a patient sectioned under the mental health act?
Voluntary means have failed
The patient has a mental health disorder
Needs detention for assessment/treatment of the disorder
Admission is needed to protect the patient or others
What is section 2 of the mental health act?
Assessment (and treatment) for up to 28 days
The AMHP makes the application on the recommendation of 2 doctors
One of the doctors should be section 12 approved (generally a psychiatric consultant/registrar) and the other should be from a different trust and ideally know the patient in a professional capacity
Patients can appeal and these should be sent to the mental health tribunal (doctor, lawyer and lay person) within 14 days
What is section 3 of the mental health act?
Admission for treatment for up to 6 months
The exact mental disorder must be stated and the appropriate treatment specified and available
2 doctors must sign the appropriate forms and know why treatment in the community is contraindicated
The doctors must have seen the patient in the last 24 hours
Th treatment must be of benefit/prevent deterioration/necessary for health and safety/protect others
Renewable for another 6 months (and then annually after)
What is a section 5(2) under the MHA?
Detention of a patient already in hospital for up to 72 hours
The doctor in charge/delegated deputy completes the section
Cannot detain a patient in ED under this section
What is a section 5(4) under the MHA?
Authorised psychiatric nurses’ holding powers for up to 6 hours
May forcibly detain an inpatient who is taking their own discharge against advice if such a discharge were likely to cause serious harm to the patient or others
During the 6 hours, the nurse must find appropriate staff to complete a section 5(2) or approve discharge
What is a section 17 under the MHA?
Leave of absence from the hospital
While detained, it is illegal for a patient to leave the hospital without permission
The responsible clinician agrees to a time-limited period of leave
Often for family visits or a trial visit home prior to discharge
Sometimes, a member of staff may escort a patient on leave
What is a section 136 under the MHA?
Allows the police to arrest a person in a place to which the public have access who they believe to be suffering from a mental disorder
Done in order to convey them to a place of safety
Can be detained for up to 72 hours
During this time should be seen by a doctor and an AMHP who can chose to complete an MHA assessment/admit them informally/discharge them
What are the 5 principles of the mental capacity act?
Assumed to have capacity until proven otherwise
All practicable steps should be taken to help make a decision before deemed unable to do so
Making unwise decisions does not mean lack of capacity
Decisions made for the patient must be in their best interest
Make decisions that are as least restrictive as possible to the patient’s freedom and rights
What 4 things must a patient be able to do if they are said to have capacity?
Understand the information
Weigh up the information
Retain the information long enough to make a decision
Communicate their decision
