Legal Considerations

Question 1

Requirements for valid informed consent

Answer 1

capacity - understand and comprehend
voluntary - no coercion
informed - sufficient info
specific to procedure

Question 2

Assessment of capacity

Answer 2

understand - comprehend and retain info
appreciate - risks and benefits, what happens if no treatment is given
communicate - they can communicate their choice

Question 3

Order of appointment for a substitute decision maker

Answer 3

court or tribunal appointed guardian
EPOA
spouse
unpaid primary caregiver
close relative or friend

Question 4

Exceptions to consent

Answer 4

emergency - delay in treatment would cause serious harm or death

legislation - MHA, warrant from police

communicable disease public health emergency

Question 5

Circumstance where confidentiality can be breached

Answer 5

patient consents in writing

other health professionals have therapeutic interest in the care of the patient

overriding public interest

mandatory reporting of some conditions

Question 6

What is an examination authority (EA)

Answer 6

issued by mental health review tribunal

gives doctor or authorised MH practitioner power to enter home and detain someone for examination with police

24-72 hours

Question 7

What is an emergency EA

Answer 7

QAS or QPS can transport someone to hospital for examination if they think the person is at risk to themselves or others

6-12 hours

Question 8

What is a justice examination order (JEO)

Answer 8

by magistrate or justice of the peace

authorises a doctor to go to location of the person to determine if a RA must be done

Question 9

What is a recommendation for assessment

Answer 9

doctors order this after examining the patient and they believe they need treatment but first need to be assessed by a psychiatrist

used to decide if patient needs a TA

Question 10

Criteria for involuntary treatment

Answer 10

person has a mental illness

no capacity to consent

absence of treatment likely to results in imminent harm to patient or others

no less restrictive way of treating

Question 11

What is a treatment authority

Answer 11

examination by doctor of MH practitioner results in RA –> psychiatrist decides on TA

allows psychiatric treatment without consent

indefinite as long as there is regular review

Question 12

When are patients placed under a forensic order

Answer 12

not criminally responsible if at the time of the crime they did not have capacity to:

• understand what they were doing
• control their actions
• know they ought not to commit the act