Mental health act Flashcards
why do we need MHA 3
protection of patients
-from society
-from themselves
protection of others/society
to allow treatment of patients with mental disorders
scottishs laws involves in psychaitry 4
mental health act 2003
criminal procedures act 1995
criminal justice and licensing act 2010
adults with incapacity act 2000\
what coniditions are within the realm for detention and use of the MHA 3
mental illness
learning disability
personality disorder
what conditions are outwith the remit of detention and use of the MHA
sexual orientation
sexual deviancy
transsexulaism
transvestism
dependence on, or use of, alchocl or drugs
behaviours that causes or is likely to cause harassment alarm or distress to any other person
acting as no prudent person would act
main types of detention 3
emergency detension (EDC)
short term detention (STDC)
compulsory treatment order (CTO)
what is emergency detention used for
to keep/ bring patients to hospital for assessment
who can carry otu an emrgency detention
-how long does it last
any fully registerd doctor
-lasts up to 72hrs
MHO role in emergency detention
-can it be appealed
*-what else needs done
MHO consent if possible or without consent if essential
-cannot be appealed
*-get senior psych review ASAP
-treatment not covered (common law)
what is a short term detention used for
keep/bring patient in to hospital for assesment and treatment
who can approve a short term detention
-how long does it last
approved medical practitioner (AMP) only
-up to 28 days
MHO role in short term detention
-can it be appealed
MHO consent essential
can be appealed
must be reviewed and revoked timeously
what is a compulsory treametn order used for
bing/keep patient in hospital for treatment
or
continue treatment in the community
how cna complete a compulsory treatment order
-how long does it last
two medical recommendarions
-one must be A approved medical practitioner
-lasts up to six months and renewable
MHO role in compulsory treatmetn order
-can it be appealed
MHO is the applicant
-Yes can be appealed
criteria for detention 5
mental disorder
significant risk
treatment
SIDMA (significantly impaired decision making ability) in relation to medical treatment
necessity
how does the definiton of mental disorder differ for each type of detention 3
EDC
I consider it likely…that the patient has a mental disorder
STDC
I consider it is likely…that the patient has the following type(s) of mental disorder
CTO
The patient has the following type(s) of mental disorder
how does significant risk differ for each type of detention 2
EDC and STDC
…detained in hospital…significant risk…patient’s health, safety or welfare… OR…safety of any other person
CTO
…treatment…significant risk…patient’s health, safety or welfare…OR…safety of any other person
how does treatment differ for each type of detention 3
Medical treatment available which would be likely to prevent MD worsening, or alleviate any of symptoms or effects of the disorder (CTO).
Determine what medical treatment should be given or giving medical treatment to patient (STDC)
Assess as a matter of urgency to detain you…. to determine what medical treatment may be needed (EDC)
how does decision making ability differ for each type of detention
EDC
I consider it likely…the patient’s ability to make decisions about the provision of medical treatment for mental disorder is significantly impaired
STDC
…for that mental disorder…
CTO
I am satisfied…because of the mental disorder…his/her ability… (SIDMA)
how does necessity differ for each type of detention
EDC
…necessary…urgency…determining what treatment
STDC
Likely…necessary…determining what treatment …giving treatment…
CTO
I am satisfied…necessary…cannot be…voluntary…
what questions need asked for each type of detention
EDC
Why not STDC?
Alternatives to detention
STDC
Why necessary?
CTO
What treatment?
Why necessary?
common pitfalls with MHA and detention
Not filling out forms properly
Informing hospital managers
Detaining patients you’re not responsible for
Using detention as a threat
De facto detention
Not informing/discussing with Senior Doctor
