mental health act Flashcards

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1
Q

purpose of the mental health act

A
  • Used to detain people against their will in hospital
  • Protects the rights of people with a mental disoder
  • Ensures those with a mental disorder receive effective care and treatment
  • Overrides an individual’s right to self-determination for their benefit in certain well-defined circumstances
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2
Q

criteria for detension under the mental health act

A
  1. likely mental disorder
  2. significantly impaired decision-making ability
  3. determining treatment required
  4. significant risk
  5. informal/voluntary care not appropriate
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3
Q

what is emergency detention order

A
  • 72 hour assessment
  • Does not authorise treatment
  • Fully registered doctor (FY2 and above)
  • Where possible, a mental health officer should also agree
  • Likely mental disorder
  • No right to appeal
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4
Q

what is a short term detention order

A
  • Up to 28 days for assessment/treatment
  • Approved medical practitioner plus an MHO
  • Likely mental disorder
  • Right of appeal (patient and named person)
  • Can be extended by 3 days if extra time is needed to put together an application for a CTO or 5 days once CTO application submitted
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5
Q

what is a compulsory treatment order

A
  • Initially up to 6 months
  • Approved medical practitioner plus mental health officer
  • Mental disorder present
  • Reports from 2 independent doctors, a care plan, and MHO report
  • MHO makes the application to the tribunal service
  • Mandatory tribunal
  • Treatment authorised (for up to 2 months of detention)
  • Renewal at 6 months then yearly
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6
Q

when is emergency detention given

A
  • To save the patient’s life
  • To prevent serious deterioration in the patient’s condition
  • To alleviate serious suffering
  • To prevent the patient from being a danger to themselves or others
  • T4 certificate completed after up to 7 days treatment
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7
Q

what is an advance statement

A
  • Written statement
  • Signed when the person is well
  • How they would prefer (or prefer not) to be treated if they were to become ill in the future
  • Witnessed and dated
  • Tribunal and medical practitioner must regard this but it can be overruled
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8
Q

what is a named person

A
  • Patients can choose someone to support them and protect their interests
  • Same rights to be notified of, attend, and be represented at tribunal hearings
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9
Q

what is mental health tribunal

A
  • Organised by the mental health tribunal service for Scotland
  • Decide on CTO applications/appeals
  • Panel - a psychiatrist, a convenor (solicitor) and a third person with other experience
  • Takes place in hospital
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10
Q

what are the policing powers

A
  • Removal to a place of safety from a public place
  • Appears to have a mental disorder and is in need of care and treatment
  • Up to 24 hours to allow assessment to be carried out
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