Mental Health Act 1992 Flashcards
Define mental disorder
In relation to any person means an abnormal state of mind characterised by delusions or by disorders of mood, perception, volition or cognition of such degree that
- poses a serious danger to the health or safety of that person or of others
- Seriously diminishes the capacity of that person to take care of themselves.
Restricted patients
Patients who are subject to a compulsory treatment order but are considered to present a danger to the public.
Restricted patients can be returned to hospital at anytime if they have absconded.
Special Patients
Patients who are detained by way of a court order if they are found to be criminally insane/unfit to plead. Also includes people or remand for psychiatric report
Patient can be returned to hospital at anytime if they have absconded.
(Not really a risk to the public)
Duly Authorised Officers
DAOs
Qualified nurses who have specialised in the area of mental health. Not all psychiatric nurses become DAOS
Compulsory treatment patients
Patients who is absent without leave or failed to comply with an order may be apprehended and returned or taken to hospital if apprehended within 3 months of going missing.
Section 109
Mental health Act 1992
Police power in public place
-Any members of police may apprehend
-Any person wandering at large in a public place
AND
-Behaving in a manner that gives rise to reasonable belief that they may be mentally disordered
AND
-The member believes it is the interest of the person to do so.
Detain under 109 take them to
- hospital
- cell
- or other such place.
Section 41
Mental Health Act 1992
Police power to assist
-Any member of police called upon in such circumstances may
-Enter the premises by force if necessary
AND
-Detain the person in those premises until the assessment examination has been conducted
OR
-Take the person to some other place nominated by DAO for the purpose of medical examination or assessment and detain at the location until it has been conducted.
DAO needs to give authority by phone or writing to do this.
May call upon the assistance of any member of police so that they may
-Assess a patient or
-Transport a patient for assessment or treatment.
Detaining someone
No person shall be detained for more than 6 hours for the purpose of a medical examination or assessment examination.
Section 110
Mental Health Act 1992
Authority of doctor.
When a medical practitioner has examined a person and believes they are mentally disordered and it is in their interest that an assessment is to be completed, that doctor can issue a certificate to accompany the assessment application.
110A - Doctor issuing certificate may administer a sedative to the proposed patient if necessary
110C - Police power of entry when urgent assistance is needed.
Compulsory assessments applications
Applications can be made by any person 18 years or over. Normally made by a relative or the doctor who carries out the initial examination.
