Mental health act Flashcards
A section 5(2) of the MHA (england) last for how long?
72 hours- this must be for patient already admitted in hospital, does not apply to A&E
What are the five criteria for detention?
mental disorder
available treatment
risk to self or others if no treatment given
impaired decision making
path of least resistance not accepted therefore compulsory powers necessary
What is the duration of emergency detention?
72 hours
Who can complete emergency detention?
FY2 and above/any registered doctor
What else must you do before completing detention form?
contact mental health officer for assessment. If this is inappropriate then detain first and then contact MHO
Does mental health act allow to give medication against will?
no, this is covered under common law or AWI
How can you simplify criteria for detention?
suspected mental disorder
treatment available
risk to self or others
impaired decision making
detention- necessary
What is the length of short term detention?
28 days
Who can certify short term detention?
psych reg or above
+ MHO
Can short term detention be appealed?
yes, to the mental health tribunal
What is the duration of compulsory treatment order?
6 months
Do nurses have detention power?
yes, can detain patient for 2 hours until doctor arrives
What is the purpose of AWI?
used to give medical treatment when a patient does not have capacity
How to assess capacity?
understand
retain
weigh up
communicate decision
patient lacks capacity, can power of attorney be given?
no…this must be decided upon when the individual has capacity. therefore guardianship
Nurse phones you to say that patient is confused. What must you ask?
specify confusion- disorientated, demented, psychotic…get background story!
Why do we have MHS
protection for patients from doctors, from themselves, from society
legislation
Name a case law/common law that is relevant to practice
Gillick competency (contraception)in England= Fraser guidelines in scotland
Montgomery
Name an example of statute law
mental health act
List two types of detention
emergency detention/certificate
short term detention
What is the criteria for emergency detention
assessment in hospital
FY2 and up
MHO
72 hours
Is treatment authorised in emergency detention?
it does not authorise treatment but it doesn’t stop you treating, so you’d be treating under common law. e.g. agitated patient refusing treatment. retrospective consent from psychiatrist
What must you do when patient with emergency detention ready to go home?
contact psychiatrist as they are the only one who can revoke certifiate
Who forms part of the tribunal?
consultant psychiatrist/senior
lawyer
someone with interest in mental health (patient, family member, MHO)
What is compulsory treatment order?
lasts up to 6 months
What can you appeal?
location of detention
severity of risk in prisons
levels of treatment
does short term detention authorise treatment?
yes!! unlike emergency detention act
What is defacto detention
threatening to detain= detention
patient can say they will come in and doesn’t want to be detained
How to implement detention
Here is my advice, you need to stay in hospital. Is that okay with you? If they disagree, then you say you will need a second opinion. If they still say they don’t want to come in, then you can make a decision about detaining them. NEVER say ‘you have to come into hospital or I will detain you’. Complicated scenario where recurrent patients only agree to staying in hospital to avoid detention…don’t worry about this
What are the millan principlaes
non discrimination
respect for diversity
least restrictive alternative
benefit
respect for carers
Define learning disability
IQ<70
WHat constitutes a mental disorder
mental illness
personality disorder
learning disability
What does mental disorder exclude?
sexual disorientation
transsexualism
dependence on alcohol or drugs (presentation as a result of their use)
