Mental Health Act Flashcards
What is mental health act?
Protects rights of people with a mental disorder, ensure they receive effective care & treatment,
Overrides an individuals right to self determination for their benefit in certain well defined circumstances
5 criteria for dentention under the MHA
(Likely) Mental Disorder,
Significantly Impaired Decision Making Ability,
Determining treatment required (Giving treatment – STD & CTO),
Significant risk (Health, safety or welfare of patient
or Safety of others),
Informal/voluntary care not appropriate
Definition of mental disorder
mental illness,
learning disability,
personality disorder
SIDMA
significantly impaired decision making ability - affected ability to believe, understand and retain info, to make and communicate decisions
Difference between incapacity and ISMA?
SIDMA is mental disorder alone whereas incapacity is disease of brain, physical disability or impaired cognition aswell.
Examples of significant risk of health, safety or welfare of patient?
suicide, self harm, wandering, vulnerability, deterioration in mental state, poor physical health, poor self care, retaliation from others because aggressive behaviour
Examples of significant risk to others?
aggression, violence, sexual assault, intimidation, arson
Emergency detention order allows you to detain someone in hospital for assessment ONLY for how long?
72hrs
Does emergency detention order authorise treatment?
NO
Who can issue emergency detention order and is there right of appeal?
FY2 and above and ideally a MHO should also agree, no right of appeal
Short term detention order allows you to detain patient in hospital for assessment/treatment for how long?
up to 28days for assessment/treatment
who can issue short term detention order and is there right of appeal?
approved medical practitioner + MHO (mental health officer),
yes right of appeal by patient & named person
In what instance can short detention order be extended?
by 3 days if need more time to apply for CTO or by 5 days once CTO application submitted
Compulsory treatment order allows you to detain a patient in hospital for treatment for how long?
up to 6 months
Who can issue compulsory treatment order?
approved medical practitioner plus MHO
Capacity to make decision age
12
Treatment under MHA means that the act allows doctor to determine what treatment is required +/- to provide that treatment. List 7 of these treatments
Nursing care, Psych interventions, Rehabilitation, Medication, ECT, Refeeding, Specialist intervention (OT, SALT, Dietetics)
Criteria 5 has to be least restrictive option. Give 4 examples of reasons for hospital treatment neccessary
Patient refusing to stay in hospital,
Incapable of making a decision about staying in hospital,
Can’t be treated in community due to high risk,
Community treatment failed
For emergency detention order & short term detention order patient must have a _________ mental disorder whereas for compulsory treatment order patient must have a ________ mental disorder
Likely mental disorder,
Present mental disorder
What does CTO require and who submits to tribunal service?
Reports from 2 independent doctors, a care plan and MHO report - MHO submits to tribunal and its mandatory tribunal
CTO is renewed how often?
6 months then yearly
Treatment in short term detention/CTO authorised for how long?
2 months then reassessed
Treatment cannot be given in emergency detention unless in emergency circumstances and a T4 certificate must be completed up to 7 days after. List those 4 emergency circumstances
To save patient’s life,
To prevent serious deterioration in patient’s condition,
To alleviate serious suffering,
To prevent patient from being danger to themselves or others
What are exceptions to 2 months meds rule for short term detention/compulsory treatment order
ECT, Nutrition by artificial means, (NG tube), Vagus nerve stimulation, Transcranial magnetic stimulation, Any meds to reduce sex drive, Neurosurgery
What is an advance statement?
Written statement signed when person is well that states how they would prefer to be treated, is witnessed and dated however can be overruled
What is a named person?
Someone of patients (over 16) choosing who can support them and protect their interests. They have same rights to be notified of, attend and be represented at tribunal hearings.
Under 16 is default named person
What is an independent advocate for mental health?
Every person with mental disorder has right to independent advocate AKA support and representative at tribunals and stuff
What is Mental Health Tribunal? (What decide, panel of who)
Decide on CTO applications/appeals,
Panel of psychiatrist, convenor (solicitor) and third person with other experience e.g. ex-service user
What is Nurses Holding Power?
Registered mental health nurse/intellectual disability nurses can detain patient for up to 3 hours if necessary for protection of health, safety, welfare of patient/others and only when patient is in hospital & receiving treatment
Policing powers? (4)
Detain person who appears to have a mental disorder and needs treatment -
Removal to a place of safety,
Removal from a public place,
Up to 24hrs
What is MWC?
Mental Welfare Commission is governing body that overlooks detained patients
