Mental Health Act Flashcards
What does the mental health act allow?
Compulsory admission of those who are mentally ill
‘Sectioning’
Describe Section 2
Assessment order followed by treatment (e.g if 10/28days diagnosis is made patient can be treated straight away)
With a view to protect others
Sectioned up to 28days
Can be appealed
Treat patients against their will if deemed mentally unwell
MUST be signed by 2doctors & AMHP (usually GP, Psychiatrist & approved social worker ONE MUST be Section 12 approved)
Must agree the patient requires full mental assessment in a psychiatric setting
Patient must be examined by 2Dr’s within 5days of each other
Dr does not have to disclose specific mental illness
Dr’s cannot be employed by the same organisation
One of the Dr’s must have previously known the patient
CANNOT BE RENEWED
Describe Section 3
Treatment orders-Majority of sections Must have a treatment plan Same as section 2 BUT for up to 6months AMHP must seek consent from relative CAN BE RENEWED Dr has to state mental illness the patient is suffering from Treatment can be given but after 3months patient must consent, 3rd Dr must consent the patient for treatment Can run Section 3 back-to-back
How can a patient be discharged under section 2 or 3?
The RMO (registered medical officer) Hospital managers The nearest relative can ask for discharge; however in practice it is unlikely that patients will be discharged before the sectioning is over.
How can a patient appeal a section 2 or 3 section?
Appeal to mental health review tribunal
Section 2: Within 14days
Section 3: Within 6months
Describe Section 4
Emergency treatment section-uncommon
Lasts up to 72hours
Signed by a doctor & AMHP
Can be converted into a section 2
Describe section 5(2)
Doctors holding powers
Must be fully registered (FY2) & nominated or consultant in charge
Lasts up to 72hours
Compulsory detention of patient who has come to hospital voluntarily
Stops a patient leaving the hospital so that a MHA assessment can be carried out
Does not allow treatment
Cannot be appealed
Describe section 135
A police constable may enter the patient’s premises and remove a person to a ‘place of safety’
Requires magistrate to authorise the use
Up to 72 hours
Can use force if need be
Can only be used if a social worker has obtained a warrant
Cannot treat against the patient’s will
Cannot be appealed
Describe section 136
Similar to 135 but in a public place-remove from public area to place of safety
Police think person is suffering from a mental disorder & needs immediate care
Cannot treat against patient’s will
AFTER discussing with a mental health professional
Basically done if the police believe the person is mentally unwell
Lasts up to 24hours (max 36hours)
Cannot be appealed
What are the important amendments made in 2007 to the act?
Cannot detain unless specific treatment is available
Integrates supervised community treatment
ECT cannot be given against the patient’s will
May still be given if the patient is unable to consent, provided there is no prior advance directive or intention not to have this treatment
What is a Section 5(4)?
Nurses holding power MUST be RMN nurse Lasts up to 6hours Does not allow treatment Cannot be appealed MUST see Dr within 6hours who can rescind or use 5(2)
Who makes the application to the hospital?
Always AMHP: If don’t agree with Dr’s then the patient will not be admitted
What is the criteria required to detain someone under the MHA?
ALL 3 criteria needed:
- Must be suffering from mental disorder of a nature/degree which warrants detention in a hospital
- Must be at risk to own health/own safety/risk to others
- Unwilling to go to hospital voluntarily
How is someone with a learning disability detained?
For treatment, must also be “associated with abnormally aggressive or seriously irresponsible conduct”
What is a caveat to detaining someone under the MHA?
Willing patients who lack capacity to consent to admission can no longer be admitted voluntarily- cognitive impairment (Dementia)
