Mental Health Act Flashcards
How long can you detain on a section 2?
28 days
Who needs to sign for a section 2?
2 medics and an AMHP
at least one needs to be section 12 approved
What does a section 2 allow to happen?
A full psychiatric assessment
Can it be renewed?
No
Who performs the MHA assessment?
usually an AMHP
When is a section 2 used?
When diagnosis or response to treatment is unknown
Does it allow treatment?
Allows for treatment without consent for mental disorder under Part IV (medication can be given as part of the assessment process)
How long can you detain on a section 3?
6 months
Can it be renewed?
Yes
What does a section 3 do?
Compulsory detention for treatment
Who fills out a section 3 application?
AMHP
Who is needed for recommendation?
2 medics
one needs to be section 12 approved
Does the mental diagnosis need to be named?
Yes
How long can treatment be given?
For 3 months, patient needs to consent after this or approved by a SOAD
How long can you detain on a section 4?
up to 72 hours
What is a section 4?
Emergency admission for assessment/ treatment if no time to draw up application for a section 2
Who makes the application?
AMHP
Who makes recommendation?
1 medic
Can it be converted?
yes, to a section 2 if approved by another medic whilst in hospital
Can you treat against patients will?
No
What is a section 5?
Compulsory detention of patient who has come to hospital voluntarily and attempt to leave
What is a section 5 (2)?
Doctors holding power for up to 72 hours for a MH assessment
Criteria for a 5 (2)?
Must be suffering from a mental disorder of a nature or degree that warrants detention in hospital and
Ought to be detained for their own safety or with a view to protection of other persons
To enable an application for detention to be made and it is not safe or practicable to take the steps necessary to make an application for detention without detaining the patient in the interim.
What is a section 5 (4)?
Nurses holding power for up to 6 hours
ends as soon as doctor arrives on ward
When is a 5 (4) used?
Doctor not always available
Must consider that the patient is suffering from a mental disorder that makes it necessary to prevent them from leaving for the patient’s own health or for the safety of others
What is a section 135?
Provides authority to enter patients premises and remove to a place of safety (station) for up to 72 hours
What are the two types of section 135?
Section 135 (1) – involves police, doctor and AMHP, Applies to people not already subject to the MHA
Section 135(2) – involves police and member of staff looking after the patient, Applies to patients already subject to the MHA
What is a section 136?
Allows for the removal of a person who appears to be suffering from a mental disorder and appears to be in immediate need of care and control in a public place
How long does a section 136 last?
24 hours
Purpose of a section 136?
Enables the person to be assessed by a doctor and an AMHP in a place of safety
Are you allowed to treat under section 136?
No
Can extensions be made?
Yes, a doctor can extend it by 12 hours if the condition of the person detained is such that it would not be practicable for the assessment by the end of the 24 hours
What is section 17?
Community treatment order (CTO)
What does section 17 allow?
Provides a framework for the management of patients in the community subject to conditions and gives the RC the power to recall the patient to hospital for treatment if necessary.
Considerations for a CTO?
Patient must be under a section 3
There must be agreement between the clinician and the AMHP
3 principles for discharge conditions?
Must ensure that that the patient receives medical treatment for mental disorder
Prevent a risk of harm to the patients’ health / safety
Protect other people
Examples of conditions
Living in certain area, therapy, drug testing
How long does a CTO last?
6 months
