Mental Health Act Flashcards
What does the mental health act 1983 provide a legal framework for?
It is primarily composed of 4 points, what are they?
-The detention and care of mentally disordered pts in hospital
- The application and extent of the act plus a definition of mental disorder
- Compulsory admission to hospital and guardianship
- Patients concerned with criminal proceedings
- Consent to treat
Note; dependence on drugs, alcohol, promiscuity, sexual deviancy or immoral conduct alone is not enough evidence of a mental disorder
Part 1
What are the 4 types of mental disorder under which individuals may be detained?
Mental illness;
- Not defined by the MHA but left as a matter of clinical judgement
- Should be of a degree as to warrent detention in the interests of health, safety or protection to others
Mental impairment
- A state of arrested or incomplete development of the mind which includes significant impairment of intelligence and social functioning
- Associated with abnormally aggressive or seriously irresponsible conduct
Severe Mental impairment
-As above but with severe impairment of social functioning and intelligence
Psychopathic disorder
-A persistent disorder or disability of mind (may include a significant impairment of intelligence) which results in abnormally aggressive or seriously irresponsible conduct
Part 2 - Relates to compulsory admission to hospital
What is the usual sequence of events for section 2 or 3?
-Approved social worker (ASW) or nearest relative makes an application for assessment having seen the pt in the last 14 days
- Application must then be supported following an assessment and recommendation of 2 doctors, 1 of whom should be section 12 approved
- Recommended that 1 doctor has had previous acquaintance with the pt
- Pts are informed of the section and their rights
- They may apply to have their case reviewed by a mental health tribunal or hospital managers
Pts can be discharged from their section by the:
- Responsible medical officer
- Hospital manager
- Mental health tribunal
- Nearest relative (can be blocked by psychiatrist and 72 hrs notice is needed)
Pts can be granted section 17 leave from hospital for a specific amount of time with certain attached conditions
What is informal admission?
-What % of pts are under this?
Applied to pts who are not detained on a section but have agreed to voluntary admission
-Usually 90%
What is section 2?
- 28 days
- Compulsory detention for assessment
- May be converted to a section3
- Application is by an ASW or nearest relative
- Needs to be approved by 2 doctors, one of whom is section 12 approved
What is section 3?
- 6 months
- Compulsory detention for treatment, usually when the diagnosis and treatment response is established
- Can be extended later
- AN ASW or nearest relative must apply
- 2 doctors should approve it (one with section 12 approval)
What is section 4?
- 72 hours
- Emergency admission to hospital for assessment when there is no time to wait for a section 2
- Applicants are an ASW or nearest relative
- One doctor is needed to approve it
What is section 5(2)?
- 72 hours
- Detention of a hospital inpatient who is receiving any form of treatment in order to give time to convert to a section 2/3
- The doctor responsible for their care usually does this
What is section 5(4)?
- 6 hours
- Urgent detention of an inpatient receiving treatment for a mental disorder when a doctor is not able to attend
- A registered nurse trained in mental health may do this
What does part 3 relate to?
-Mentally ill pts involved in criminal proceedings or under sentence
What is part 4?
- It covers consent to treatment and the details fo what can be imposed on a pt
- Pts on long term treatment orders (section 3) may be treated with psychiatric medication for 3 months with or without their consent
- After 3 months an extra section is required to continue treatment
- These include section 57 and 58 that require the pts consent and a second opinion (use of ECT, psychosurgery, surgical implants and a further 3 months of treatment)
-where urgent treatment is required to save a pts life the second opinion can be waved e.g when emergency ECT is done on a pt who is not eating or drinking
What is section 135?
-An ASW can apply to a magistrate for a awrrent to allow police to enter and remove someone with a mental disorder, transferring them to a place of safety
What is section 136?
- Police who find a person in a public place appearing to suffer from a mental disorder may remove them to a place of safety
- These people may not be detained for longer than 72 hours until they have been assessed for section 2 or 3
What is common law?
Common law is a law that is based on court decisions (case law) or customs, rather than lwas made in parliament (a statute law)
- The mental health act is an example of statute law
- Instituting life saving treatment on an unconcious pt, who is unable to consent is justified under common law
