legislative frameworks Flashcards
What are the key principles of the NSW health act?
- Entitled to the best care and treatment, least restriction of their freedom and least interference with their rights and dignity
- Ensure protection of patients & public
- Adverse effects on family life are minimised.
Who is the Act for?
- Those who are admitted voluntarily
- Admitted or detained against their wishes
- Are required to receive treatment in the community
What patients must be deemed well enough to provide informed consent?
Voluntary patients
What are the two types of formal admission?
Involuntary patient: detained against their wishes on advice of a health practitioner
Forensic patient: committed an offence but unfit to be tried or found not guilty due to mental illness
What is a CTO?
A community treatment order is a legal order made by a mental health review tribunal, valid for 12 months, sets out terms under which a person must accept medication, therapy etc.
When is a CTO ordered?
When a person is ill or likely to be in next 3 months and it seems the least restrictive alternative for treatment.
According to a 2014 interpretation what constitutes harm?
Physical harm, harm to reputation or relationships, stalking or predatory intent, emotional/psyc harm, neglect of self/others, financial harm, self harm + suicide, violence/aggression.
What is the criteria for a mentally ill person to be formally detained?
Has a mental illness and is at serious risk of harm to self or others. Has a continuing condition with likely deterioration taken into account. No other less restrictive care is available
What is the definition and symptoms of a mental illness?
A condition that temporarily or permanently impairs the mental functioning of a person.
Symptoms: delusions, hallucination, serious disorder of thought form, severe disturbance of mood. Sustained and repeated irrational behaviour.
What are the criteria for a mentally disordered person?
Displaying irrational behaviour, at significant risk to self and others and no other less restrictive care is available.
On what bases can a person not be considered mentally ill or disordered?
- Religious beliefs or philosophy
- Sexual preference/orientation
- Sexual promiscuity
- Illegal conduct
- Developmental disability
- Taking alcohol or other drug
- Antisocial behaviour
how long is a practitioner’s schedule for formal admission valid for?
5 days for mentally ill. One day for disordered.
What is the formal admission process for a mentally disordered person?
- Examined with 12 hours of admission
- 2nd examination
- Inquiry by tribunal ASAP after 2nd
- Detained for up to 3 days
- Examined every 24 hours
- Discharged if no longer disordered
How does the formal admission process differ for a mentally ill person?
After 2nd examination tribunal can recommend involuntary admission up to 3 months or CTO for 12 months. If they are still mentally unwell after this the tribunal can make further orders for 3 or 12 months respectively.
When are practitioners to notify APHRA?
If they believe a practitioner has behaved in a way which presents a serious risk to the public.
What are sufficient grounds for making a mandatory notification?
Reasonable belief
Does the mandatory reporting only apply to practitioners within your own profession?
Nope, any practitioner
What is notifiable conduct?
- practicing while intoxicated by alcohol or drugs
- sexual misconduct
- placing public at harm due to impairment
- placing public at harm because they have departed from professional standards.
According to the Australian privacy act what are principles 1 to 6?
- Open & transparent management of personal info
- Anonymity & pseudonymity
- Collection of solicited personal information
- Dealing with unsolicited personally info
- Notification of collection of personal information
- Use or disclosure of personal info
According to APP 10 what is quality of personal information?
Ensuring that info is up to date, accurate, complete and relevant for the purpose of use or disclosure.
According to APP 11 what must an entity do?
Protect all personal info it holds from misuse, interference, loss, unauthorised access, or disclosure. May include destroying or de-identifying.
What is APP 12?
That a person has access to any personal information held about them by an entity.
