Legal aspects of psychiatry Flashcards
Why do we have mental health law?
Provide compulsory care and treatment for people with mental disorder and makes sure these powers are used apropriately
What are the Millan principles of the mental health act?
Non-discrimination Equality Respect for diversity Reciprocity Informal care Participation Respect for carers Least restrictive alternative Benefit Child welfare
How are mental disorders defined by law?
Any mental illness
Personality disorders
Learning disability
Any cause or manifestation
Is there an age limit for who can be detained by the mental health act?
No
What is the emergency detention certificate?
Authorises detention of patient for up to 72 hours
What is the short-term detention certificate?
Authorises detention for up to 28 days
What is compulsory treatment order?
Authorises detention for up to six months
What is nurses holding power?
Authorises detention for up to three hours
When can an emergency detention certificate be applied?
Registered medical practitioner must consider it likely that patient has a mental disorder and as a result of the disorder the patient’s decision making regarding treatment for the disorder is significantly impaired, and that it is a matter of urgency to detain the patient as they have a significant risk to their own or other’s health, safety, and welfare outside of detainment
When can a short-term detention certificate be applied?
Approved medical practitioner considers it likely that the patient has a mental disorder which impairs their decision making regarding said disorder, and the patient would be at risk to their own or other’s welfare outside of the hospital
What does it mean for an adult to be incapable in the mental health act?
Incapable of acting Making decisions Communicating decisions Understanding decisions Retaining memory of decisiona
What principles must be considered when applying the act?
Intervention must benefit the adult
Any intervention will be the least restrictive for freedom of the adult
Account must be taken of past and present wishes of the adult
Account should be taken of views of relatives and carers, and relevant others
